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10/19/2015DES 1 PLAINES ILLINOIS CITY COUNCIL AGENDA Monday, October 19, 2015 Executive Session — 6:00 p.m. Regular Session — 7:00 p.m. Room 102 CALL TO ORDER EXECUTIVE SESSION (verbal update) COLLECTIVE BARGAINING PERSONNEL PROBABLE OR IMMINENT LITIGATION PENDING LITIGATION SALE & PURCHASE OF PROPERTY REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS MONDAY, OCTOBER 19, 2015 CITY OF DES PLAINES CITY COUNCIL AGENDA 1'A(, r 12 CONSENT AGENDA: 1. Minutes/Executive Session — October 5, 2015 2. Minutes/Regular Meeting — October 5, 2015 3. Minutes/Regular Meeting — September 21, 2015 (deferred from 10/5/15 City Council Agenda) 4. Approve Citywide Amendment to Title 6 "Police Regulations", Chapter 1, "Animal Control", Section 1, "Animals Restricted Within City", "Paragraph C" of the Des Plaines City Code to Allow Goats and Sheep for Educational Purposes 4a. ORDINANCE M-21-15/Amendment to 6-1-1 of the Des Plaines City Code 5. Approve Payment to John Neri Construction Co., Inc., 770 Factory Road, Addison, IL 60101 in the Amount of $55,172.96 for Emergency Water Main Repair at 1700 Higgins Road. Budgeted Funds — Water Fund/Miscellaneous Contractual Services. 5a. RESOLUTION R-173-15/Emergency Water Main Repair — Payment to John Neri Construction 6. Approve Agreement with Operation North Pole, Inc. for Temporary Storage Space from October 20, 2015 through December 20, 2015 in Connection with Operation North Pole Event 6a. RESOLUTION R-174-15/Operation North Pole Request for Temporary Storage Space 7. Reject All Bids Opened on September 4th, 2015 and Approve the Bidding for Leak Detection of Water Mains and Assessment of Valves to be Re -advertised 7a. RESOLUTION R-172-15/Rejecting Bids for Leak Detection and Valve Assessment 8. Approve Additional Expenditure of $350,000 with John Neri Construction Co., Inc., 770 Factory Road, Addison, Illinois for Completion of Removal of Illegal Fill from 875 Seegers Road. Source of Funding — General Fund/Fund Balance 8a. RESOLUTION R-177-15/875 Seegers Road Code Violations — Additional Funding Request 9. SECOND READING — ORDINANCE M-19-15/Housekeeping Ordinance for Active 2015-2016 Liquor Licenses END OF CONSENT AGENDA MONDAY, OCTOBER 19, 2015 CITY OF DES PLAINES CITY COUNCIL AGENDA COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION — Alderman Don Smith, Chair a. Warrant Register in the Amount of $2,894,265.74 — RESOLUTION R-175-15 PAGF_L3 2. COMMUNITY DEVELOPMENT — Alderman Mike Charewicz, Chair a. Conditional Use Permit and Major Variation for Assisted Living Facility at 959-997 Lee Street, Case #15 -064 -CU -V — ORDINANCE Z-32-15 3. PUBLIC SAFETY — Alderman Dick Sayad, Chair a. Consideration of an Ordinance Amending the Annual Registration Fee for Central Station and Local Alarm Systems from $25 to $15 — ORDINANCE M-20-15 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. a. SECOND READING — ORDINANCE Z-25-15, as amended/Approve Map Amendment from M-2 to R-4 and Preliminary Planned Unit Development for Multi -Family Residential and Townhome Development at 800 East Northwest Highway, Case #15 -024 -MAP -SUB -PUD 2. a. SECOND READING — ORDINANCE Z-31-15/Approve Conditional Use Permit and Major Variation for Motor Vehicle Sales Use at 1529 Rand Road, Case #15 -058 -CU -V NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-175-15/Warrant Register in the amount of $2,894,265.74 2. a. ORDINANCE Z-32-15/Approve Conditional Use Permit and Major Variation for Assisted Living Facility at 959-997 Lee Street, Case #15 -064 -CU -V 3. a. ORDINANCE M-20-15/Approve Ordinance Amending the Annual Registration Fee for Central Station and Local Alarm Systems from $25 to $15 MONDAY, OCTOBER 19, 2015 CITY OF DES PLAINES CITY COUNCIL AGENDA 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. CONSENT AGENDA ITEM 2 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, OCTOBER 5, 2015 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Bogusz at 6:01 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, October 5, 2015. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. Also present were: City Manager Bartholomew, Assistant Director of Finance Bromber, Director of Community and Economic Development Sakas, Senior Planner Mangum, Director of Public Works and Engineering Oakley, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. EXECUTIVE Moved by Brookman and seconded to go into Executive Session to discuss SESSION: Collective Bargaining, Probable or Imminent Litigation, Pending Litigation and Sale & Purchase of Property. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The City Council recessed at 6`02 p.m. The City Council reconvened at 7:12 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. A quorum was present. PRAYER AND The opening prayer was given by Dr. Hilary Morris of the Baha'i Community, PLEDGE: followed by the Pledge of Allegiance to the Flag of the United States of America. CITIZEN PART.: Resident Brian Burkross addressed the City Council commenting on the 2016 Budget, Responsible Bidder Ordinance and the amount of money spent on the roofs for Fire Stations #61 and #62. Mr. Larry Arkus representing his father who lives on Cedar Street addressed the City Council asking for an update on dredging the Des Plaines River and the River Road construction. Director Oakley responded to his inquiry. CITY CLERK City Clerk Ludwig announced that October is Breast Cancer Awareness month ANNOUNCEMENTS: and that a free Mammogram is available to uninsured and underinsured women and men through Presence Holy Family Medical Center. Call the Clerk's Office for information. CONSENT AGENDA: MINUTES: Consent Agenda MINUTES: APPROVE ANNUAL LIQ. LIC. MAINT.: Consent Agenda Ordinance M-19-15 APPROVE INTERGOV'L AGR./ IL STATE TOLL HIGHWAY AUTHORITY/ RELOCATE AND REPLACE WATER MAIN/ WOLF RD. SO. OF I-90: Consent Agenda Resolution R-166-15 Page 2 of 7 10/5/15 Motion by Haugeberg and seconded to establish the Consent Agenda except for Item 2. Motion declared carried. Motion by Chester and seconded to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance M-19-15 was placed on First Reading; Resolutions R-166-15, R-169- 15 and R-171-15 were adopted; and Ordinance Z-29-15 was adopted. Moved by Chester and seconded to approve Minutes of the Executive Session of the City Council held September 21, 2015. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to defer the Minutes of the Regular Meeting of the City Council held September 21, 2015 to the Regular City Council Meeting of October 19, 2015. Motion declared carried. Moved by Chester and seconded to concur with Staff recommendation to approve Annual Liquor License Maintenance Ordinance; and further recommend to place on First Reading Ordinance M-19-15, AN ORDINANCE AMENDING SECTION 4-18-1, "FEE SCHEDULE," OF CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chester and seconded to concur with Staff recommendation to approve Intergovernmental Agreement between the Illinois State Toll Highway Authority and the City of Des Plaines for the relocation and replacement of a 12" water main located on Wolf Road south of the 1-90 bridge crossing; and further recommend to adopt Resolution R-166-15, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY FOR THE RELOCATION OF A WATER MAIN. Motion declared carried as approved unanimously under Consent Agenda. APPROVE PARKING REG. AGR./ 480 POTTER RD.: Consent Agenda Resolution R-169-15 APPROVE TASK ORDER NO. 9/ ORCHARD PLACE/ HIGGINS RD. TO NO. OF I- 90: Consent Agenda Resolution R-171-15 ORDINANCE Z-29-15 (AS AMENDED) AMEND CITY CODE/ JOINT PLAN COM. AND ZONING BD. OF APPEALS: Consent Agenda WARRANT REGISTER: Page 3 of 7 10/5/15 Moved by Chester and seconded to concur with Staff recommendation to approve Parking Regulation Agreement with Islamic Community Center of Des Plaines for 480 Potter Road; and further recommend to adopt Resolution R-169-15, A RESOLUTION APPROVING AN AGREEMENT WITH THE ISLAMIC COMMUNITY CENTER OF DES PLAINES FOR THE ENFORCEMENT OF PARKING AND TRAFFIC REGULATIONS IN THE PARKING AREA LOCATED AT 480 POTTER ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chester and seconded to concur with Staff recommendation to approve Task Order No. 9 in the amount of $129,800.00 from Christopher B. Burke Engineering, LTD., 9575 West Higgins Road, Rosemont, IL for Engineering Services in connection with the Reconstruction/Extension of Orchard Place from Higgins Road to North of I-90 (Budgeted Funds — TIF #7); and further recommend to adopt Resolution R-171-15, A RESOLUTION APPROVING TASK ORDER NO. 9 WITH CHRISTOPHER B. BURKE ENGINEERING, LTD., FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Chester and seconded to concur with Staff recommendation to adopt Ordinance Z-29-15, AN ORDINANCE AMENDING THE DES PLAINES CITY CODE, ZONING ORDINANCE AND SUBDIVISION REGULATIONS, TO CREATE A CONSOLIDATED PLANNING AND ZONING BOARD. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Smith, Chair Alderman Sayad stated that he did not agree with paying invoices from two Lobbyists: Line 12 — Government Consulting Services of IL, LLC in the amount of $1,000.00 and Line 13 — Alfred G. Ronan, LTD in the amount of $5,000.00 on Page 3 of the Warrant Register. Alderman Sayad stated that he objects to paying invoices from Holland & Knight because we could get them cheaper by an outside or in house service. Moved by Haugeberg and seconded to recommend to the City Council approval of the October 5, 2015 — Warrant Register, in the total amount of $6,650,964.53; Page 4 of 7 10/5/15 and further recommend that Resolution R-170-15 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair MAP Deferredfrom August 17, 2015 and September 8, 2015 City Council Agendas. AMENDMENT/ 800 EAST Senior Planner Mangum reviewed his Memorandum dated September 22, 2015 NORTHWEST regarding consideration by petitioner Four Peaks LLC, 1001 Feehanville Drive, HIGHWAY: Mount Prospect, IL 60056 of a Map Amendment, Planned Unit Development and Tentative Plat of Subdivision at 800 East Northwest Highway, Case # 15 -024 - MAP -SUB -PUD. The Plan Commission, after having heard and fully considered the evidence, voted (3-0) to recommend approval of the Map Amendment, and voted (3-0) to recommend approval of the Planned Unit Development, subject to conditions of approval proposed by Staff. Additionally, the Plan Commission approved (3-0) the Tentative Plat of Subdivision, subject to conditions. MAJOR VARIAT ION/ 1506-1518 MARKET ST.: Senior Planner Mangum answered questions from the Aldermen. Alderman Rodd read a letter dated August 20, 2015 from Entre Commercial Realty LLC which represents Four Peaks LLC the current owner of 800 East Northwest Highway known as the former Littelfuse property. Discussion was held. Mr. Jim Griffin of Shane, Banks representing Buckingham Properties and Mr. Chris Coleman of Buckingham Properties addressed the Committee of the Whole answering questions from the Aldermen. Mr. Dan Benassi of Entre Commercial Realty LLC addressed the Committee of the Whole answering questions from the Aldermen. Resident Tim Metropolis addressed the Committee of the Whole stating he was in favor of the project. Moved by Rodd and seconded to recommend to the City Council approval of Ordinance Z-25-15 at appropriate time this evening. Motion declared failed. Aldermen Rodd, Sayad, Chester and Smith agreed. Aldermen Haugeberg, Robinson, Brookman and Charewicz did not agree. Deferredfrom August 17, 2015 and September 8, 2015 City Council Agendas. Per the request of the Petitioner, moved by Sayad and seconded to defer this item until the Regular City Council Meeting of December 7, 2015. Motion declared carried. Page5of7 10/5/15 MAP Senior Planner Mangum reviewed his Memorandum dated September 22, 2015 AMENDMENT/ regarding a Map Amendment and Preliminary Planned Unit Development at 783- 783-841 LEE ST.: 841 Lee Street, (Located between Lee and Center Streets), Case #14 -073 -PUD - SUB -MAP. The Plan Commission, after having heard and fully considering the evidence, voted (3-0) to recommend approval of the Map Amendment, and voted (3-0) to recommend approval of the Planned Unit Development, subject to conditions of approval. Additionally, the Plan Commission approved (3-0) the Tentative Plat of Subdivision, subject to conditions. Senior Planner Mangum answered questions from the Aldermen. Discussion was held. Ms. Christine Schap representing 500 members of Immanuel Lutheran Church and School addressed the Committee of the Whole stating that the Congregation was opposed to the proposed development. Resident Jeff Spero addressed the Committee of the Whole commenting on the parking issues. Attorney Lawrence Freedman representing Lexington Des Plaines LLC addressed the Committee of the Whole answering questions from the Aldermen. Mr. Karl Krogstad of Krogstad Land Design Limited addressed the Committee of the Whole answering questions from the Aldermen. Mr. William Rotolo of Lexington Homes addressed the Committee of the Whole answering questions from the Aldermen. Moved by Robinson and seconded to deny approval of Ordinance Z-30-15. Upon roll call, the vote was: AYES: 3-Haugeberg, Robinson, Brookman NAYS: 5 -Rodd, Sayad, Chester, Smith, Charewicz ABSENT: 0 -None Motion declared failed. Moved by Charewicz and seconded to recommend to the City Council approval of Ordinance Z-30-15. Upon roll call, the vote was: AYES: 5 -Rodd, Sayad, Chester, Smith, Charewicz NAYS: 3-Haugeberg, Robinson, Brookman ABSENT: 0 -None Motion declared carried. COND. USE/ Senior Planner Mangum reviewed his Memorandum dated September 24, 2015 MAJOR regarding consideration by Petitioner Demeke Berhanu-Haile, 164 Division VARIATION/ Street #201, Elgin, IL 60120 of a Conditional Use permit under Section 12-7- 1529 RAND RD.: NEW BUSINESS: Page 6 of 7 10/5/15 3.F.3 and a major variation to Table 12-7-3-1 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to authorize a motor vehicle sales operation, on a site of less than 25,000 square feet in the C-3 Zoning District. Owner Adam Jidd appeared before the City Council answering questions from the Aldermen. Discussion was held. Moved by Chester and seconded to recommend to the City Council approval of Ordinance Z-31-15 at appropriate time this evening. Motion declared carried. Alderman Haugeberg did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. WARRANT Moved by Smith and seconded to concur with recommendation of Committee of REGISTER: the Whole to adopt Resolution R-170-15, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING Resolution BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY R-170-15 CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $6,650,964.53. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. MAP Moved by Rodd and seconded to concur with recommendation of Committee of AMENDMENT/ the Whole to place on First Reading Ordinance Z-25-15, AN ORDINANCE 800 EAST APPROVING A ZONING MAP AMENDMENT AND A PRELIMINARY NORTHWEST PLAT OF PLANNED UNIT DEVELOPMENT FOR 800 E. NORTHWEST HIGHWAY: HIGHWAY, DES PLAINES, ILLINOIS (CASE #15 -024 -MAP -SUB -PUD). Upon roll call, the vote was: Ordinance AYES: 5 -Rodd, Sayad, Z-25-15 Chester, Smith, Bogusz NAYS: 4-Haugeberg, Robinson, Brookman, Charewicz ABSENT: 0 -None Motion declared carried. MAJOR Moved by Charewicz and seconded to concur with request of Petitioner to defer VARIATION/ this item until the Regular City Council Meeting of December 7, 2015. Motion 1506-1518 declared carried. MARKET ST.: Ordinance Z-27-15 MAP AMENDMENT/ 783-841 LEE ST.: Ordinance Z-30-15 COND. USE/ MAJOR VARIAT ION/ 1529 RAND RD.: Ordinance Z-31-15 Page 7 of 7 10/5/15 Moved by Charewicz and seconded to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-30-15, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND A PRELIMINARY PLAT OF PLANNED UNIT DEVELOPMENT FOR 783-841 LEE STREET, DES PLAINES, ILLINOIS (CASE #14 -073 -PUD -SUB -MAP). Upon roll call, the vote was: AYES: 5 -Rodd, Sayad, Chester, Smith, Charewicz NAYS: 3-Haugeberg, Robinson, Brookman ABSENT: 0 -None Motion declared carried. Moved by Charewicz and seconded to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-31-15, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR THE OPERATION OF A MOTOR VEHICLE SALES ESTABLISHMENT ON A LOT LESS THAN 25,000 SQUARE FEET IN THE C-3 ZONING DISTRICT AT 1529 RAND ROAD, DES PLAINES, ILLINOIS (CASE #15 -058 -CU -V). Upon roll call, the vote was: AYES: 6 -Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 2-Haugeberg, Robinson ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Meeting adjourned at 11:07 p.m. Gloria J. Ludwig, MMC — CITY CLERK APPROVED BY ME THIS DAY OF , 2015 Matthew J. Bogusz, MAYOR CALL TO ORDER: ROLL CALL: CONSENT AGENDA ITEM 3 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, SEPTEMBER 21, 2015 The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, September 21, 2015. Roll call indicated the following Aldermen physically present: Robinson, Rodd, Sayad, Brookman, Smith and Charewicz. Alderman Chester was absent. A quorum was present. Also present were: City Manager Bartholomew, Assistant Director of Finance Bromber, Director of Community and Economic Development Sakas, Economic Development Coordinator Pruss, Senior Planner Mangum, Director of Public Works and Engineering Oakley, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. ALLOW ALDERMAN TO PARTICIPATE BY TELEPHONE CONFERENCE: EXECUTIVE SESSION: Mayor Bogusz announced that a quorum is physically present and that Alderman Haugeberg wanted to attend this meeting by telephone conference due to a family emergency. Pursuant to the Open Meetings Act, a majority of the City Council may allow Alderman Haugeberg to attend this meeting by telephone conference. Moved by Brookman and seconded to allow Alderman Haugeberg to attend this meeting by telephone conference. Upon roll call, the vote was: AYES: 6- Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -Non ABSENT: 2 -Hauge Motion declared carried. her Moved by Brookman and seconded to go into Executive Session to discuss Collective Bargaining, Personnel, Probable or Imminent Litigation, Pending Litigation and Sale & Purchase of Property. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. The City Council recessed at 6:02 p.m. The City Council reconvened at 7:10 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith and Charewicz. Alderman Chester was absent. A quorum was present. PRAYER AND PLEDGE: UNFINISHED BUSINESS: PUBLIC HEARING: PROPOSED ZONING ORDINANCE AND SUBDIVISION REGULATIONS TO CREATE A JOINT PLAN COMMISSION AND ZONING BOARD OF APPEALS CITIZEN PART.: Page 2 of 11 9/21/15 The opening prayer was given by Pastor Daryl York of the Brentwood Baptist Church, followed by the Pledge of Allegiance to the Flag of the United States of America. Item 3a — Payment to McGuireWoods for Lobbying Services through July 31, 2015. Without objection, this item was moved forward on the agenda for discussion. Mayor Bogusz stated that McGuireWoods Consulting, LLC has withdrawn their payment request for lobbying services for July, 2015. Moved by Sayad and seconded to defer this item pending staff review of representation and payment history and report back to the City Council. Discussion was held. Moved by Smith and seconded to adopt a substitute motion to remove Item 3a from Unfinished Business from the agenda and direct Staff to investigate the representation and payment history of McGuireWoods Consulting, LLC for lobbying services. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Brookman, Smith, Charewicz NAYS: 2 -Robinson, Sayad ABSENT: 1 -Chester Motion declared carried. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, SEPTEMBER 21, 2015 Mayor Bogusz called the Public Hearing to order at 7:24 p.m. The Public Hearing was being held pursuant to legal notice regarding consideration of an Ordinance amending the Des Plaines City Code, Zoning Ordinance and Subdivision Regulations, to create a Joint Plan Commission and Zoning Board of Appeals (PCZBA) Citywide. Director of Community and Economic Development Sakas reviewed his Memorandum dated September 10, 2015 and answered questions from the Aldermen. There were no comments or questions from the public. The Public Hearing was adjourned at 7:27 p.m. The City Council reconvened at 7:28 p.m. Resident Brenda Murphy representing the Kiwanis Club addressed the City Council announcing their annual "Peanut Day" fundraiser September 25 and 26. Resident Sue Arndt addressed the City Council commenting on the appearance of streets and sidewalks which are in need of repair. Page 3 of 11 9/21/15 CITIZEN PART.: Resident Walter Underwood addressed the City Council commenting on the (Cont'd) casino appealing its property tax. Mr. Lance Moten addressed the City Council commenting that the casino is behind on building hotels. CITY CLERK City Clerk Ludwig thanked all those who supported the Maine Community Youth ANNOUNCEMENTS: Assistance Foundation Community Heroes fundraiser as well as all those who supported Fall Fest at Lake Park. CONSENT AGENDA: Motion by Rodd and seconded to establish the Consent Agenda except for Item 2. Motion declared carried. Motion by Rodd and seconded to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Resolutions R-161-15, R-162-15, R-163-15, R-167-15 and R-168-15 were adopted. MINUTES: Moved by Rodd and seconded to approve Minutes of the Executive Session of Consent the City Council held September 8, 2015. Motion declared carried as approved Agenda unanimously under Consent Agenda. MINUTES: Corrections to the Minutes of the Regular City Council Meeting of September 8, 2015 were as follows: Page 7: Major Variation/1506-1518 Market Street — Change date from September 21, 2015 to October 5, 2015. Page 8: Warrant Register Total $5,668,830.05 less $2,100.00 Add: (Invoice from McGuireWoods Consulting, LLC, Page 4, Line 51, Elected Office of the Warrant Register)). Page 9: Major Variation/1506-1518 Market Street Change date from September 21, 2015 to October 5, 2015. Moved by Brookman and seconded to approve Minutes of the Regular Meeting of the City Council held September 8, 2015, as amended. Motion declared carried. AWARD BID/ PURCHASE ROCK SALT: Consent Agenda Resolution R-161-15 APPROVE EASEMENT AGR./ NW WATER COM. CONVEYANCE LINE/ CENTRAL RD. PUMP STA.: Consent Agenda Resolution R-162-15 AWARD BID/ CONSTR. NW WATER COM. CONVEYANCE LINE: Consent Agenda Resolution R-163-15 AWARD BID/ CONSTR. NW WATER COM. CONVEYANCE LINE VALVES: Consent Agenda Resolution R-167-15 APPROVE UTILITY EASEMENT AND STORMWATER Page 4 of 11 9/21/15 Moved by Rodd and seconded to concur with Staff recommendation to award bid for the purchase of Rock Salt through the State of Illinois CMS 2015-2016 Rock Salt Procurement Contract PSD 4018146 at a Cost of $60.61 per ton payable to Morton Salt, Inc., 123 N. Wacker Drive, Chicago, IL 60606 (Budgeted Funds — MFT Funds/Commodities/Ice Control); and further recommend to adopt Resolution R-161-15, A RESOLUTION AUTHORIZING THE PROCUREMENT OF ROCK SALT FROM MORTON SALT, INC., OF CHICAGO, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to concur with Staff recommendation to approve Commonwealth Edison Easement Agreement in the amount of $359,000.00 for purposes of constructing the Northwest Water Commission Water Conveyance Line to the Central Road Pumping Station (Budgeted Funds — Water Fund/Improvements); and further recommend to adopt Resolution R-162-15, A RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH THE COMMONWEALTH EDISON COMPANY. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to concur with Staff recommendation to award bid for the construction of the Northwest Water Commission Conveyance Line contract to Berger Excavating Contractors, Inc., 1205 Garland Road, Wauconda, IL in the amount of $3,046,440.00 (Budgeted Funds — Water Fund/Improvements); and further recommend to adopt Resolution R-163-15, A RESOLUTION APPROVING CONTRACT WITH BERGER EXCAVATING CONTRACTORS, INC. FOR THE INSTALLATION OF A 24 -INCH WATER MAIN AND RELATED WORK. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to concur with Staff recommendation to award bid for the purchase of Northwest Water Commission Conveyance Line Valves in the amount of $118,677.00 from HD Supply Waterworks, LLC, 220 South Westgate Drive, Carol Stream, IL (Budgeted Funds — Water Fund/Improvements); and further recommend to adopt Resolution R-167-15, A RESOLUTION AUTHORIZING THE PURCHASE OF WATER MAIN VALVES FROM HD SUPPLY WATERWORKS, LLC. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd and seconded to concur with Staff recommendation to approve execution of a Utility Easement and Stormwater Management Agreement for City Stormwater Improvements at the O'Hare Lakes Office Plaza; and further recommend to adopt Resolution R-168-15, A RESOLUTION AUTHORIZING MNGMT. AGR./ O'HARE LAKES: Consent Agenda Resolution R-168-15 UNFINISHED BUSINESS: VARIATIONS/ 751 GRACELAND AVE.: Page 5 of 11 9/21/15 THE EXECUTION OF A UTILITY EASEMENT AND STORMWATER MANAGEMENT AGREEMENT FOR CITY STORMWATER IMPROVEMENTS AT THE O'HARE LAKES OFFICE PLAZA. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE Item 2a. Second Reading — Ordinance M-18-15/Approve Revisions to Responsible Bidder Ordinance. Moved by Charewicz and seconded to defer this item to the Regular City Council Meeting of November 2, 2015. Upon roll call, the vote was: AYES: 3-Haugeberg, Brookman, Charewicz NAYS: 4 -Robinson, Rodd, Sayad, Smith ABSENT: 1 -Chester Motion declared failed. Without objection, the matter regarding 751 Graceland was brought forward from the agenda for discussion. COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair Senior Planner Mangum reviewed his Memorandum dated August 26, 2015 regarding consideration of Zoning Variations for 751 Graceland Avenue (Zoning Case #15-049-V, 2°d Ward) by Petitioner Eric Huffman for Over the Rainbow for variations to the 1998 City of Des Plaines Zoning Ordinance, as amended to construct a multi -family residential building in the R-4 Zoning District with the following variations: (1) to Section 12-9-7 to allow 31 parking spaces, instead of not less than 66; and (2) to Section 12-7-2-G.4 to allow 33 1 -bedroom dwelling units on a lot of 22,044 square feet, instead of not less than 23,200 square feet. At its August 25, 2015 meeting of the Zoning Board of Appeals recommended (4-0) approval of Major Variations for lot area and number of parking spaces subject to conditions of approval and Staff concurrence. Mr. Eric Huffman, Executive Director for Over the Rainbow, addressed the Committee of the Whole stating this will be a union project. Resident June Muellner addressed the Committee of the Whole commenting on property setbacks. Resident Reyna Mason addressed the Committee of the Whole commenting on the project, parking and referred to a petition signed by residents at 722 Graceland Avenue opposing the project. VARIATIONS/ 751 GRACELAND AVE.: (Cont'd) NEW BUSINESS: VARIATIONS/ 751 GRACELAND AVE.: Ordinance Z-28-15 ORDINANCE Z-28-15 Page 6 of 11 9/21/15 Mr. Brendan Saunders, Director of Organizing and Advocacy of Open Communities addressed the Committee of the Whole giving an overview of his organization and commenting on the project. Resident Rosemary Argus, Executive Director of the Des Plaines Community Foundation addressed the Committee of the Whole commenting on support provided to the City of Des Plaines and community needs. Mr. Rick Colpeck addressed the Committee of the Whole commenting on providing resources for special needs. Resident Anita Bortnowski addressed the Committee of the Whole commenting on the increase in traffic and noise on Graceland Avenue; she suggested considering other options. Mr. Hugh Brady, Co -President representing North/Northwest Suburban Task Force on Supportive Housing for Mental Illness addressed the Committee of the Whole commenting on supportive housing for all sorts of people and encouraged the City Council to vote yes. Mr. Leo Kerwin, Chairman Emeritus of Over the Rainbow, addressed the Committee of the Whole commenting on traffic at various buildings. Mr. Huffman answered questions from Alderman Haugeberg regarding funding and the materials used for the building. Moved by Sayad and seconded to recommend to the City Council approval of Ordinance Z-28-15. Motion declared carried. Alderman Brookman did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Charewicz and seconded to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-28-15, AN ORDINANCE APPROVING MAJOR VARIATIONS FOR THE CONSTRUCTION OF A MULTI -FAMILY RESIDENTIAL BUILDING AT 751 GRACELAND AVENUE, DES PLAINES, ILLINOIS (CASE #15-049-V). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Rodd, Sayad, Smith, Charewicz NAYS: 1 -Brookman ABSENT: 1 -Chester Motion declared carried. Moved by Robinson and seconded to advance to Second Reading and adopt Ordinance Z-28-15, AN ORDINANCE APPROVING MAJOR VARIATIONS Page 7 of 11 9/21/15 VARIATIONS/ FOR THE CONSTRUCTION OF A MULTI -FAMILY RESIDENTIAL 751 GRACELAND BUILDING AT 751 GRACELAND AVENUE, DES PLAINES, ILLINOIS AVE.: (CASE 15-049-V). Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Smith, Charewicz, Bogusz NAYS: 2-Haugeberg, Brookman ABSENT: 1 -Chester Motion declared carried. UNFINISHED BUSINESS: Item 2a. Second Reading — Ordinance M-18-15/Approve Revisions to Responsible Bidder Ordinance. ORDINANCE There was no motion to adopt Ordinance M-18-15. General Counsel Friedman M-18-15 advised the Council on how to proceed to approve or deny the ordinance. REVISIONS TO RESPONSIBLE Moved by Smith and seconded to deny approval of Ordinance M-18-15, AN BIDDER ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10, ORDINANCE: "PURCHASING POLICIES AND GUIDELINES," SECTION 5, "FORMAL CONTRACT PROCEDURES," OF THE CITY CODE BY ADDING RESPONSIBLE BIDDER REQUIREMENT. Moved by Brookman and seconded to adopt a substitute motion to approve Ordinance M-18-15, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICIES AND GUIDELINES," SECTION 5, "FORMAL CONTRACT PROCEDURES," OF THE CITY CODE BY ADDING RESPONSIBLE BIDDER REQUIREMENT. Discussion was held. Director of Public Works and Engineering Oakley answered questions from Alderman Haugeberg. Alderman Brookman withdrew his substitute motion. Mr. Bob Rider, Secretary -Treasurer of Chicago Federation of Labor addressed the City Council commenting on his early experiences as a union member. Colton Moylan addressed the City Council commenting on higher education and quality work. Mr. Jeff Conroy addressed the City Council referring to a newspaper article regarding comments made about the apprenticeship requirement. Mr. Don Finn, Business Manager and Secretary of Local 134 IBEW addressed the City Council commenting about the Responsible Bidder ordinance. ORDINANCE Resident Louis Rivas, Jr. addressed the City Council commenting on his service M-18-15 as a Letter Carrier. REVISIONS TO RESPONSIBLE Page 8 of 11 9/21/15 BIDDER Mr. Mike Lingle of the Illinois Indiana Iowa Foundation for Fair Contracting ORDINANCE: addressed the City Council commenting on bidders, projects and bringing projects in under budget. WARRANT REGISTER: Mr. Frank Manzo IV, Policy Director of Illinois Economic Policy Institute addressed the City Council giving statistics regarding the number of workers in Illinois and amount of training provided for union workers. Mr. Irving Deneil addressed the City Council stating that the ordinance should be left as is. Mr. Frank Ivanelli addressed the City Council giving comparisons to contractors on Angie's List. Mr. Dan Allen, Executive Director of Construction Industry Service Corporation (CISCO) addressed the City Council commenting about training for union contractors. Mr. Jim Canning addressed the City Council commenting on training and gave examples of the work by untrained people. Mr. Walter Underwood addressed the City Council stating that the City should keep the ordinance. Upon roll call on the substitute motion by Brookman and seconded to approve Ordinance M-18-15, AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 10, "PURCHASING POLICIES AND GUIDELINES," SECTION 5, "FORMAL CONTRACT PROCEDURES," OF THE CITY CODE BY ADDING RESPONSIBLE BIDDER REQUIREMENT, the vote was: AYES: 4-Haugeberg, Rodd, Brookman, Charewicz NAYS: 4 -Robinson, Sayad, Smith, Bogusz ABSENT: 1 -Chester Motion declared failed. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION — Alderman Smith, Chair Alderman Sayad stated that he objects to paying invoices from Holland & Knight because we could get them cheaper by an outside or in house service. Moved by Charewicz and seconded to recommend to the City Council approval of the September 21, 2015 — Warrant Register, in the total amount of $3,550,469.09; and further recommend that Resolution R-164-15 be adopted at appropriate time this evening. Motion declared carried. DISCUSSION: PROPOSED ORDINANCE/ CREATE JOINT PLAN COM. AND ZONING BD. OF APPEALS: DISCUSSION/ AMEND CH. V/ RULES & REG'S BD. OF FIRE/ POLICE/ ADD EXCEPTION FOR CERTAIN MILITARY VETERANS: DISCUSSION/ ALARM SYSTEMS: UNFINISHED BUSINESS: Resolution R-156-15 AWARD BID/ ROOF REHAB./ FIRE STA. #611 405 S. RIVER RD.: Resolution R-157-15 Page 9 of 11 9/21/15 COMMUNITY DEVELOPMENT — Alderman Charewicz, Chair Discussion was held. General Counsel Friedman was directed to make changes to the ordinance regarding the members choosing the Chair and Vice Chair. Moved by Sayad and seconded to recommend to the City Council approval of Ordinance Z-29-15 at the appropriate time this evening. Motion declared carried. PUBLIC SAFETY — Alderman Sayad, Chair Fire Chief Wax reviewed his Memorandum of August 31, 2015 regarding approval of a Board of Fire & Police Commissioners ("BFPC") rules amendment adding an exception for certain Veterans to the maximum age allowed to apply to the Fire Department per a new state law. Moved by Robinson and seconded to recommend to the City Council approval of Resolution R-165-15 at appropriate time this evening. Motion declared carried. Discussion was held. Moved by Robinson and seconded to send the ordinance back to staff to change the annual registration fee for alarm systems from $25 to $15. Motion declared carried. Aldermen Rodd, Smith and Charewicz did not agree. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Rodd and seconded to adopt Resolution R-156-15, A RESOLUTION APPROVING A CONTRACT WITH L. MARSHALL ROOFING AND SHEET METAL INC. FOR ROOF REHABILITATION WORK AT FIRE STATION #61. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Moved by Rodd and seconded to adopt Resolution R-157-15, A RESOLUTION APPROVING A CONTRACT WITH A-1 ROOFING COMPANY, INC. FOR AWARD BID/ ROOF REHAB./ FIRE STA. #621 405 S. RIVER RD.: NEW BUSINESS: WARRANT REGISTER: Resolution R-164-15 CREATE JOINT PLAN COM. AND ZONING BD. OF APPEALS: Ordinance Z-29-15 AMENDMENT/ CHAPTER V/ RULES AND REG'S BD. OF FIRE/POLICE COMMISSIONERS: Resolution R-165-15 Page 10 of 11 9/21/15 ROOF REHABILITATION WORK AT FIRE STATION #62. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Moved by Smith and seconded to concur with recommendation of Committee of the Whole to adopt Resolution R-164-15, 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: $3,550,469.09. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Moved by Charewicz and seconded to concur with recommendation of Committee of the Whole to place on First Reading Ordinance Z-29-15, AN ORDINANCE AMENDING THE DES PLAINES CITY CODE, ZONING ORDINANCE AND SUBDIVISION REGULATIONS TO CREATE A JOINT PLAN COMMISSION AND ZONING BOARD OF APPEALS. Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Rodd, Sayad, Brookman, Smith, Charewicz NAYS: 0 -None ABSENT: 1 -Chester Motion declared carried. Moved by Sayad and seconded to concur with recommendation of Committee of the Whole to adopt Resolution R-165-15, A RESOLUTION APPROVING AMENDMENTS TO THE RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE CITY OF DES PLAINES, ILLINOIS. Motion declared carried. ADJOURNMENT: Meeting adjourned at 10:27 p.m. Page 11 of 11 9/21/15 Gloria J. Ludwig, MMC — CITY CLERK APPROVED BY ME THIS DAY OF 2015 Matthew J. Bogusz, MAYOR ODEs CONSENT AGENDA ITEM 4 & 4a COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org MEMORANDUM Date: To: From: George Sakas, AICP, Director of Community and Economic Development Scott Mangum, AICP, Senior Planner October 8, 2015 Michael G. Bartholomew, MCP, LEED AP, City Manager Subject: Amendment to Des Plaines City Code regarding Goats and Sheep Issue: Existing City Code regulations prohibit the keeping of goats, pigs, sheep, cattle, and other farm animals within the City. Analysis: In 2014, following a meeting of the Legal and Licensing Committee and testimony from individuals interested in keeping chickens with the City including representatives from the Methodist Campground, the City Council approved Ordinance M-26-14 which allowed up to six chicken hens at certain properties for educational purposes. A representative of the Methodist Campground states that in 2015 hens were leased from the Historic Wagner Farm, and that having animals of the 1860's helps with educational programs and tours. Having a milking goat for a few weeks would also show this same time period when families were self-sufficient. Also, 4-H participants can use this leased goat for their county projects. The milk will not be sold or used in any food items for the public. The children will follow goat care in the publicized Goat 1 text issued by the University of Illinois Extension program. The Methodist Campground is a unique property within the City. The National Park Service's website confirms that the property is listed on the National Register of Historic Places. According to the Campgrounds Volunteer Manager for Programs and Events, in 1860 Chicagoland churches started to set up camp in a grove of trees on land that farmer Socrates Rand allowed campers to use. Campers met through the Civil War era. Gardens were planted; chickens and milk cows were among the provisions for long summer visits. Recommendation: We recommend that the City Council consider Ordinance M-21-15 which would allow the keeping of up to two goats and two sheep at limited properties that would include educational programming, such as the Methodist Campground. Exhibit: Ordinance revising City Code Section 6-1-1 regarding Animals Restricted Within City. Page 1 of 3 CITY OF DES PLAINES ORDINANCE M - 21 - 15 AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 1 OF TITLE 6 OF THE CITY CODE REGARDING THE KEEPING OF CERTAIN ANIMALS WITHIN THE CITY. 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, Section 6-1-1 ofthe City Code ofthe City of Des Plaines, as amended ("City Code"), prohibits keeping, raising, and maintaining certain animals on any property located within the City ("Animal Restrictions"); and WHEREAS, the City desires to update the Animal Restrictions to permit the keeping of not more than two goats and two sheep on certain properties within the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend Section 6-1-1 of the City Code 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 the findings of the City Council. SECTION 2: ANIMALS RESTRICTED WITHIN CITY. Section 1, titled "Animals Restricted Within City," of Chapter 1, titled "Animal Control," of Title 6, titled "Police Regulations," of the City Code is hereby amended to read as follows: "6-1-1: ANIMALS RESTRICTED WITHIN CITY: A. Fowl: It shall be unlawful and it is hereby declared to be a nuisance to raise, maintain or have upon any property within the city any chickens, ducks, geese, guinea hens, pigeons or other similar fowl; provided, however, that it is not unlawful to keep, for educational purposes, up to six chicken hens on any property located within the city that is greater than 15 acres and is listed on the National Register of Historic Places. B. Horses: It shall be unlawful for any person to stable or otherwise keep a horse or horses anywhere in the city, except on premises where the keeping of horses was lawful under the ordinances of Cook County at the time such premises were annexed to the city and provided that horses were kept on said premises on the date of such annexation and continuously thereafter; and provided further that said premises have remained the same size as when first annexed to the city. Page 2 of 3 C. Goats, Pigs, Sheep, Cattle And Other Farm Animals: It shall be unlawful for any person to keep any goats, pigs, sheep, cattle or other farm animals of any kind anywhere in the city: provided. however, that it is not unlawful to keen, for educational u oses uo two oats and two shee on an roert 1 located within the city that is greater than 15 acres and is listed on the National Register of Historic Places." 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. 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 Amending 6-1-1 of the City Code to Allow Goats and Sheep for Educational Purposes #37448982_v2 Page 3 of 3 CONSENT AGENDA ITEM 5 & 5a I DES PUBLIC WORKS AND ENGINEERING DEPARTMENT J 1111 Joseph J. Schwab Road 1? /� I ES Des Plaines, IL 60016 LAINES J Tel: 847-391-5464 ILLINOIS www.desplaines.org MEMORANDUM Date: To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering October 1, 2015 Subject: Emergency Water Transmission Main Repair fr Issue: On Thursday September 17, 2015, we received notice from a contractor working for ComEd that they breached the City's 36" diameter water transmission main at 1700 Higgins Road, Des Plaines. Analysis: The City of Des Plaines owns and maintains a 36" diameter transmission water main between the City of Chicago meter vault at Zemke Boulevard / Canadian National Railroad and our reservoir and pumping station at 2555 Maple Street. The main was constructed in 1965. Upon notification, Public Works staff assessed that the contractor did hit the water main and immediately began repair operations. Due to the complexity of the repair, we contacted John Neri Construction Company, currently under contract with the City to assist with the repair. There was extensive coordination between the City and ComEd as the repair was directly under high voltage power lines and ComEd had to remove buried lines as well. The cost of these repairs total $55,172.96. The City will be seeking reimbursement of these repair costs from ComEd and its contractors. Recommendation: We recommend approving payment to John Neri Construction Co., Inc., 770 Factory Road, Addison, IL 60101 in the amount of $55,172.96. Compensation for this project was on a time and material basis (IDOT Standard Specification 109.04(b), Force Account Basis). Source of funding would be the Water Fund, Miscellaneous Contractual Services, (500-00-550-6195) account. Attachments: Attachment 1 —Neri Invoices Resolution R-173-15 Exhibit A - Photos of Repairs Page 1 of 13 JNC JOHN NERI CONSTRUCTION CO., INC. Sewer & Water Contractors 770 Factory Road *Addison, IL 60101 Tel: 630 629-8384* Fax: 630 629-7001 www.johnnericonstruction.com September 30, 2015 Mr. Jon Duddles P.E. City of Des Plaines 1420 Miner St. Des Plaines, Illinois 60016 Route: North of Higgins Rd. @ underpass East of Manheim Rd. Report #: 1 Force account bill for: Repair of 36" pre -stressed concrete water main. County: DuPage Authorization #: JNC JOB it 15996 Total Hours Insurance Payroll Earnings September -15 17 1S 19 S.T.. O.T.. D.T. Rate Amount Amount to date F.U.T. S.U.T. Anthony Neri (Foreman/Operator/Mechanic) 12 20.5 0 3 29.5 0 $ 96.20 $ 3,126.50 $ 4,545.45 $ - $ - $ - Antonio Luna (Foreman/Laborer) 12 6 0 3 4 11 $ 45.70 $ 822.60 $ 1,416.70 $ - $ - $ - Pat Neri (Operator) 12 6 0 3 15 0 $ 48.20 $ 867.60 $ 1,229.10 $ - $ - $ - Dave Neri (Operator) 12 6 0 3 15 0 $ 48.20 $ 867.60 $ 1,229.10 $ - $ - $ - Eleazar Hoyos (Laborer) 12 6 0 3 4 11 $ 39.20 $ 705.60 $ 1,215.20 $ - $ - $ - Michael T. Coyne (laborer/bottom man) 12 6 0 3 4 11 $ 39.55 $ 711.90 $ 1,226.05 $ - $ - $ - Jim Rizzo (Operator/Foreman) 0 14.5 4 8 10.5 0 $ 48.20 $ 891.70 $ 1,144.75 $ - $ - $ - Michael Neri (Apprentice Laborer) 2 14.5 0 10 4 2.5 $ 31.60 $ 521.40 $ 663.60 $ - $ - $ - Elder Lacour (Operator) 0 13.5 0 8 5.5 0 $ 48.20 $ 650.70 $ 783.25 $ - $ - $ - Miroslaw Bartosiewicz (laborer/bottom man) 0 12 0 8 4 0 $ 39.55 $ 474.60 $ 553.70 $ - $ - $ - Gerardo Garza (Laborer) 0 13.5 0 8 4 1.5 $ 39.20 $ 529.20 $ 666.40 $ - $ - $ - Norberto Luna (laborer/bottom man) 0 10 0 5 4 1 $ 40.70 $ 407.00 $ 529.10 $ - $ - $ - Niko Neri (Laborer) 0 5 4 0 9 0 $ 39.20 $ 352.80 $ 529.20 $ - $ - $ - John Neri (Apprentice Laborer) 0 6.5 0 1 5.5 0 $ 31.60 $ 205.40 $ 292.30 $ - $ - $ - Manuel Luna (Laborer) 0 0 0 0 0 0 $ 39.20 $ - $ - $ - $ - $ - Joe Montemayor (Teamster) 6.5 0 0 1 5.5 0 $ 35.92 $ 233.48 $ 332.26 $ - $ - $ - Subtotals, Labor $ 11,368.08 $ 16,356.16 $ - $ - $ - *Laborers Pension & Welfare Funds *Operator Pension & Welfare Funds *Truck Drivers Pension & Welfare Funds Subtotals, Labor Plus 35% of Subtotal Subtotals, Labor Plus: Workman's Compensation Ins. Public Liability and Property Damage Ins., excluding payroll of Truck Drivers **Federal Unemployment Tax ***State Unemployment Tax Federal Social Security Tax Total Payroll Additives Plus 10% of Payroll Additives 121.5 Hrs. @ $ 25.52 100.5 Hrs. @ $ 34.18 6.5 Hrs. @ $ 17.37 7.00 % OF $ 16,356.16 2.37 % $ 11,134.60 $ 1,144.93 $ 263.89 0.80 % $ - - 7.20 % OF $ - - 7.65 % $ 16,356.16 $ 1,251.25 $ 2,660.07 $ 266.01 $ 3,100.68 $ 3,435.09 $ 112.91 $ 23,004.84 $ 8,051.69 $ 31,056.53 $ 2,926.07 Total Labor $ 33,982.60 I hereby certify that the above statement is a copy of that portion of the payroll which applies to the above stated work and that the rates show i.r taxes and insurance are actual costs. Signed Total on following page. ohn Neri Construction Co., Inc. President Attachment 1 Page 2 of 13 Equipment Expense 17 18 19 Total Hours Rate Amount John Deere 225D LC Excavator (159 Hp) 1.09 cy 12 20.5 4 36.5 $ 105.20 $ 3,839.80 John Deere 624H Endloader (160 Hp). 12 20.5 4 36.5 $ 56.53 $ 2,063.35 Ford F-350 Service Truck (GVW 16000) 12 20.5 0 32.5 $ 28.77 $ 935.03 Ford F-350 Service Truck (GVW 16000) 0 6.5 0 6.5 $ 28.77 $ 187.01 Ford F-150 Pick-up 12 20.5 0 32.5 $ 19.68 $ 639.60 Ford F-150 Pick-up 12 0 0 12 $ 19.68 $ 236.16 Ford F-150 Pick-up 2 0 0 2 $ 19.68 $ 39.36 Chevy 2500 Pick-up 0 10.5 0 10.5 $ 19.35 $ 203.18 14" Cut -Off Saw 0 4 0 4 $ 3.94 $ 15.76 14" Cut -Off Saw 0 4 0 4 $ 3.94 $ 15.76 4" gas pump W/Suction 12 12 0 24 $ 17.60 $ 422.40 3" gas pump W/Suction & Dis Charge 12 12 0 24 $ 8.31 $ 199.44 Small generator set 12 12 0 24 $ 3.79 $ 90.96 2" Electric pump W/Acc. 12 12 0 24 $ 2.76 $ 66.24 2" Electric pump W/Acc. 12 12 0 24 $ 2.76 $ 66.24 2" Electric pump W/Acc. 12 12 0 24 $ 2.76 $ 66.24 10' x 8' Trench Box 6 20.5 0 26.5 $ 12.00 $ 318.00 24' x 8' Trench Box 6 20.5 0 26.5 $ 26.50 $ 702.25 Peterbilt Tractor W/SO Ton Low Boy 6.5 0 0 6.5 $ 96.53 $ 627.45 Sub -Total Equipment $ 10,734.21 Material Used Source Ouantity Unit Price Amount Mortar Mix Stock 8 Ea. $ 9.75 $ 78.00 Abrasive saw blades Stock 6 Ea. $ 12.50 $ 75.00 Subtotal Material $ 153.00 15% Markup $ 22.95 Sub Total Material Used $ 175.95 Sub -Contractors Expense Quantity Dnit Prioe Amount Advanced Welding 1 Ea. $ 2,700.00 $ 2,700.00 Sub -Total $ 2,700.00 5% Markup up to $10,000.00(minimum $100.00) $ 135.00 1% Markup up anything over $10,000.00 $ - Sub total sub -contractors $ 2,835.00 AFFIDAVIT This is to certify that the material entered on this force account bill which was taken from stock is shown at our cost. By John Neri Construction Co., TOTAL LABOR: TOTAL EQUIPMENT EXPENSE: TOTAL MATERIALS: SUB -CONTRACTORS EXPENSE TOTAL Bond 0.75% Plus 10% of Bond Total Bill $ 33,982.60 $ 10,734.21 $ 175.95 $ 2,835.00 $ 47,727.76 0.00 0.00 $ 47,727.76 Resident Attachment 1 Page 3 of 13 FINAL WAIVER OF LIEN STATE OF ILLINOIS Gty # COUNTY OF DuPage Escrow # TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by City of Des Plaines to furnish labor, material, and equipment to repair 36" pre -stressed concrete water main for the premises known as North of Higgins Road @ underpass East of Mannheim Road of which City of Des Plaines is the owner. THE undersigned, for and in consideration of Forty Seven Thousand, Seven Hundred Twenty Seven Dollars and 76/100 ($47,727.76) Dollars, and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanics' liens, with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due or to become due from the owner, on account of all labor, services, material, fixtures, apparatus or machinery, heretofore furnished, or which may brnished at any time hereafter, by the undersigned for the above-described premises, INCLUDING EX ' n S.* DATE 09/30/15 COMPANY NAME John Neri Constructio / j ADDRESS 770 W. Factory Road, Addison(Inc.�14. SIGNATURE AND TITLE 410; �/ 4411k *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT CONTRACTOR'S AFFIDAVIT STATE OF ILLINOIS COUNTY OF DuPage TO WHOM IT MAY CONCERN: THE UNDERSIGNED, (NAME) Nicholas Neri BEING DULY SWORN, DEPOSES AND SAYS THAT HE OR SHE IS (POSITION) President OF (COMPANY NAME) John Neri Construction Co., Inc. WHO IS THE CONTRACTOR FURNISHING labor, material, and equipment to repair 36" pre -stressed concrete water main WORK ON THE BUILDING LOCATED AT North of Higgins Road @ underpass East of Mannheim Road OWNED BY City of Des Plaines That the total amount of the contract including extras* is $47,727.76 on which he or she has received payment of $0 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names and addresses of all parties who have furnished material or labor, or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said work according to plans and specifications: NAMES AND ADDRESSES WHAT FOR CONTRACT PRICE wCLDOEMTRAS" AMOUNT PAID THIS PAYMENT BALANCE DUE John Neri Construction Co., Inc. labor, material, and equipment $47,727.76 $0.00 $47,727.76 $0.00 TOTAL LABOR AND MATERIAL INCLUDING EXTRAS* TO COMPLETE. $47,727.76 $0.00 $47,727.76 $0.00 That there are no other contracts for said work outstanding, and that there %o ing due .r to become . e to any person for material, labor or other work of any kind done or to be done upon or in connecti • wwJ said w i) o j than ab ve stated. iar—eagillirlarl g, %u DATE Oi/3U/aOi s SIGNATURE: SUBSCRIBED AND SWORN TO BEFORE ME THIS 30-f *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT. Attachment 1 DAY OF 020 NOTA ILEA OFFICIAL SEAL Notary Public, State of Illinois Qly Commission Faor ary 02, 201gires Page 4of13 JNC JOHN NERI CONSTRUCTION CO., INC. Sewer & Water Contractors 770 Factory Road *Addison, IL 60101 Tel; 630 629-8384* Fax; 630 629-7001 www.johnnericonstruction.com September 30, 2015 Mr. Jon Duddles P.E. City of Des Plaines 1420 Miner St. Des Plaines, Illinois 60016 Route: North of Higgins Rd. @ underpass East of Manheim Rd. Report #: 1 Force account bill for: Clean area of water main repair. County: DuPage Authorization # : JNC JOB # 15996 Total Hours Insurance Payroll Earnings September -15 21 22 23 13 O.T. D.T. Rate Amount Amount to date F.U.T. S.U.T. Antonio Luna (Foreman/Laborer) 8.5 0 0 0.5 0 $ 45.70 $ 388.45 $ 399.88 $ - $ - $ - Pat Neri (Operator) 8 0 0 0 0 $ 48.20 $ 385.60 $ 385.60 $ - $ - $ - Dave Neri (Operator) 8 0 0 0 0 $ 48.20 $ 385.60 $ 385.60 $ - $ - $ - Eleazar Hoyos (Laborer) 8 0 0 0 0 $ 39.20 $ 313.60 $ 313.60 $ - $ - $ - Michael T. Coyne (laborer/bottom man) 8 0 0 0 0 $ 39.55 $ 316.40 $ 316.40 $ - $ - $ - Manuel Luna (Laborer) 4 0 0 0 0 $ 39.20 $ 156.80 $ 156.80 $ - $ - $ - Joe Montemayor (Teamster) 4 0 0 0 0 $ 35.92 $ 143.68 $ 143.68 $ - $ - $ - Subtotals, Labor $ 1,946.45 $ 2,101.56 $ - $ - $ - *Laborers Pension & Welfare Funds *Operator Pension & Welfare Funds *Truck Drivers Pension & Welfare Funds Subtotals, Labor Plus 35% of Subtotal Subtotals, Labor 28.5 Hrs. B $ 25.52 16 Hrs. @ $ 34.18 4 Hrs. (a3 $ 17.37 Plus: Workman's Compensation Ins. 7.00 % OF $ 2,101.56 $ 147.11 Public Liability and Property Damage Ins., excluding payroll of Truck 2.37 % OF $ 1,946.45 $ 46.13 Drivers **Federal Unemployment Tax 0.80 % OF $ - ***State Unemployment Tax 7.20 % OF $ - Federal Social Security Tax 7.65 % OF $ 2,101.56 Total Payroll Additives Plus 10% of Payroll Additives Total Labor $ 160.77 $ 354.01 $ 35.40 $ 727.32 $ 546.88 $ 69.48 $ 3,445.24 $ 1,205.83 $ 4,651.07 $ 389.41 $ 5,040.48 1 hereby certify that the above statement is a copy of that portion of the payroll which applies to the above stated work and that t - : tes show for taxes and insurance are actual costs. Signed Total on following page. I! oh Neri onstruction Co., Inc. President Attachment 1 Page 5 of 13 Equipment Expense 21 22 23 Total Hours Rate Amount John Deere 225D LC Excavator (159 Hp) 1.09 cy 8 0 0 8 $ 105.20 $ 841.60 John Deere 624H Endloader (160 Hp). 8 0 0 8 $ 56.53 $ 452.24 Ford F-350 Service Truck (GVW 16000) 8 0 0 8 $ 28,77 $ 230.16 Ford F-150 Pick-up 8 0 0 8 $ 19.68 $ 157.44 Mack 6 -Wheeler (GVW 53000)W/20 Ton Tag 4 0 0 4 $ 84.29 $ 337.16 Peterbilt Tractor W/50 Ton Low Boy 4 0 0 4 $ 96.53 $ 386.12 Sub -Total Equipment $ 2,404.72 Material Used Source Quantity Unit Price Amount 0 Ea. $ - $ - Subtotal Material $ 15% Markup Sub Total Material Used Sub -Contractors Expense Quantity Unit Price Amount 0 Ea. Sub -Total $ _ 5% Markup up to $10,000.00(minimum $100.00) $ 1% Markup up anything over $10,000.00 $ - Sub total sub -contractors $ - AFFIDAVIT This is to certify that the material entered on this force account bill which was taken from stock is shown at our coat. By John Neri Construction Co. Inc. TOTAL LABOR: TOTAL EQUIPMENT EXPENSE: TOTAL MATERIALS: SUB -CONTRACTORS EXPENSE TOTAL Bond 0.75% Plus 10% of Bond Total Bill $ 5,040.48 $ 2,404.72 $ 7,445.20 0.00 0.00 $ 7,445.20 Resident Attachment 1 Page 6 of 13 FINAL WAIVER OF LIEN STATE OF ILLINOIS Gty # COUNTY OF DuPage Escrow # TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by City of Des Plaines to famish labor and equipment to clean area of water main repair for the premises known as North of Higgins Road @ underpass East of Mannheim Road of which City of Des Plaines is the owner. THE undersigned, for and in consideration of Seven Thousand, Four Hundred Forty Five Dollars and 20/100 ($7,445.20) Dollars, and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanics' liens, with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due or to become due from the owner, on account of all labor, services, material, fixtures, apparatus or machinery, heretofore furnished, or which may be furnishe4rat any time hereafter, by the undersigned for the above-described premises, INCLUDING EXTRAS.* DATE 09/30/15 COMPANY NAME John Neri Construction Co., Inc ADDRESS 770 W. Factory Road, Addison, Illinoi 60 00-0,/�� SIGNATURE AND TITLE ('fl3i -&i *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT CONTRACTOR'S AFFIDAVIT STATE OF ILLINOIS COUNTY OF DuPage TO WHOM IT MAY CONCERN: THE UNDERSIGNED, (NAME) Nicholas Neri BEING DULY SWORN, DEPOSES AND SAYS THAT HE OR SHE IS (POSITION) President OF (COMPANY NAME) John Neri Construction Co., Inc. WHO IS THE CONTRACTOR FURNISHING labor and equipment to clean area of water main repair WORK ON THE BUILDING LOCATED AT North of Higgins Road @ underpass East of Mannheim Road OWNED BY City of Des Plaines That the total amount of the contract including extras* is $7,445.20 on which he or she has received payment of $0 prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names and addresses of all parties who have furnished material or labor, or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said work according to plans and specifications: NAMES AND ADDRESSES WHAT FOR CONTRACT PRICE INCLDO EXTRAS' AMOUNT PAID THIS PAYMENT BALANCE DUE John Neri Construction Co., Inc. labor and equipment $7,445.20 $0.00 $7,445.20 $0.00 TOTAL LABOR AND MATERIAL INCLUDING EXTRAS* TO COMPLETE. $7,445.20 $0.00 $7,445.20 $0.00 That there are no other contracts for said work outstanding, and that there is nothing due or to become d labor or other work of any kind done or to be done upon or in connection with , ;': work ` er an abd' l DATE 0V/.50191 r SIGNATURE: ((�� SUBSCRIBED AND SWORN TO BEFORE ME THIS 3D— DAY OF ,)¢ •�aoti OIS to any person for material, stated. *EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT F.3870 R5/96 Provided by Chicago Title Insurance Company Attachment 1 NOTARY PUBLIC MARIA FAILLA OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires February 02, 2018 Page 7 of 13 CITY OF DES PLAINES RESOLUTION R - 173 - 15 A RESOLUTION RATIFYING AN EMERGENCY PROCUREMENT AND APPROVING AN EXPENDITURE FOR EMERGENCY WATER MAIN REPAIR. 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 use by the Department of Public Works and Engineering during the 2015 fiscal year for emergency contractual services; and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of the City of Des Plaines ("City Code") and the City's purchasing policy, the City Manager may procure work without competitive bidding in an emergency to protect the public health and safety and public property, provided that the City Manager presents the emergency procurement to the City Council for ratification; and WHEREAS, on September 17, 2015, a contractor working in the Higgins Road right-of- way breached a 36 -inch diameter water transmission main owned and maintained by the City, disrupting the City's water supply and causing flooding that threatened the public health and safety and public property ("Emergency Condition"); and WHEREAS, the City has an existing contract with John Neri Construction Company, Inc. ("Contractor"), which has performed to the City's satisfaction; and WHEREAS, pursuant to, and in accordance with, Chapter 10 of Title 1 of the City Code and the City's purchasing policy, the City Manager procured from Contractor the work necessary to correct the Emergency Condition and protect the public health and safety and public property ("Emergency Work"), which Emergency Work is described in Exhibit A attached to and, by this reference, made a part of this Resolution; and and WHEREAS, the Contractor completed the Emergency Work at the cost of $55,172.96; WHEREAS, the City Council has determined that it is in the best interest of the City to ratify the procurement of the Emergency Work from Contractor and to authorize the expenditure of $55,172.96 for the Emergency Work; 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 8of13 SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: RATIFICATION OF EMERGENCY PROCUREMENT. The City Council hereby ratifies the procurement of the Emergency Work from Contractor in the amount of $55,172.96. SECTION 3: APPROVAL AND AUTHORIZATION OF EXPENDITURE. The City Council hereby approves the expenditure of, and authorizes the Director of Finance to issue payment to the Contractor, in the amount $55,172.96 for the completion of the Emergency Work. SECTION 4: 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 Expenditure for Emergency Water Transmission Main Repair from John Neri #37448510_v2 2 Page 9of13 Broken Water Main Flooding Higgins Road Water Cascading Onto Higgins Road Exhibit A Page l0 of 13 Removal of Broken 36" Water Main Exhibit A Page 11 of 13 New Section of Water Main Getting Lowered Into Place Exhibit A Page 12 of 13 New Water Main Seal Getting Welded Exhibit A Page 13 of 13 ODES PLAINES ILLINOIS CONSENT AGENDA ITEM 6 & 6a PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 www.desplaines.org MEMORANDUM Date: To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering October 1, 2015 Subject: Operation North Pole License Agreement Issue: Operation North Pole, Inc. has requested the temporary use of our vacant building space at 1486 and 14861/2 Miner Street. Analysis: Operation North Pole, Inc. (ONP) is a Des Plaines based 501(c) (3) volunteer public charity that provides terminally and seriously ill children and their families with a day of fun and fantasy each holiday season. Their organization networks closely with the Des Plaines Fire, Police and Public Works Departments, hosting 75 families to a chartered train ride to the "North Pole" to visit Santa. This year ONP is in need of temporary storage space beginning October 20, 2015 through December 20, 2015. They have requested the use of City owned space at 1486 and 14861/2 Miner Street during that time to store gifts and used coats. Since this space is currently vacant, we are able to accommodate the request. Recommendation: We recommend approval of the license with Operation North Pole, Inc., 50 West Oakton Street, Des Plaines, Illinois, 60018 for the temporary use of City owned property. Attachments: Attachment 1— Request from ONP Resolution R-174-15 Exhibit A — License Agreement Page 1 of 9 ot;v OPERATION NORTH POLE September 18, 2015 Mr. George Sakas Director of Community and Economic Development City of Des Plaines 1420 Miner St. Des Plaines, IL 60016 Re: Temporary Storage Needs for Holiday Event Dear Mr. Sakas, 50 W. Oakton Street Des Plaines, IL 60018 0:847-813-5387 onpchicago@gmallcom Operation North Pole, Inc. is a Des Plaines based 501(c) (3) volunteer public charity that provides terminally and seriously ill children and their families with a day of fun and fantasy each holiday season. Our organization networks closely with the Des Plaines Fire, Police and Public Works Departments, hosting 75 families to a chartered train ride to the North Pole to visit Santa. Each child in the family who is aged 12 or younger provides Santa with a wish list and our supporters provide $300.00 worth of specially selected gifts to each pre teen child in the family. For the past number of years, we have housed our gifts with a local merchant, Chromatech, who donated the use of excess warehouse space for our temporary needs. This year they were able to rent their space and we find ourselves in need of temporary storage space for the 6 weeks beginning November 1". During this time period, we also used the space to temporarily hold 1500 new children's winter coats that we provided to all the students of North School as well as other needy children in the greater Chicago area. It has been called to our attention that the City has some vacant property that could help alleviate our problem of where to temporarily house our gifts and coats. Last year we filled a 53' semi trailer with our gifts for these needy families. Operation North Pole, Inc. would like to petition the City of Des Plaines to assist us in fulfilling our mission of providing a holiday to the less fortunate by allowing us the temporary use of some of the City's vacant space. We look forward to hearing from you at your earliest possible convenience. Sincerely, LOdifce Barbara J. Da Copy: Mayor Matthew Bogusz Chief Alan Wax Chief William Kushner Director Tim Oakley www.operationnorthpole.org Attachment 1 Page 2 of 9 CITY OF DES PLAINES RESOLUTION R - 174 - 15 A RESOLUTION APPROVING A LICENSE AGREEMENT WITH OPERATION NORTH POLE, INC., TO PERMIT THE TEMPORARY USE OF 1486 AND 1486 1'4 MINER STREET FOR THE STORAGE OF TOYS AND CHILDREN'S COATS 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 owns that certain property commonly known as 1486 and 1486 '/2 Miner Street in the City ("Property"); and WHEREAS, Operation North Pole, Inc. ("Licensee"), desires to temporarily use the Property for the storage of donated toys, children's winter coats, and other items collected as donations for charitable purposes ("Donations"); and WHEREAS, the City and Licensee desire to enter into a license agreement permitting Licensee to temporarily use the Property for the purpose of storing the Donations ("License Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the License Agreement with Licensee; 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 LICENSE AGREEMENT. The City Council hereby approves the License 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 LICENSE AGREEMENT. The City Council hereby authorizes and directs the City Manager to execute, and the City Clerk to seal, on behalf of the City, the final License Agreement. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Page 3 of 9 PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: DEPUTY CITY CLERK Peter M. Friedman, General Counsel DP -Resolution Approving a License Agreement for Operation North Pole at 1486 Miner St #35598745_v2 Page 4 of 9 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement"), dated as of this day of October, 2015, ("Effective Date"), by and between the CITY OF DES PLAINES ("City"), and OPERATION NORTH POLE, INC. ("Licensee"), an Illinois not-for-profit corporation. NOW THEREFORE, in consideration of the recitals, mutual covenants, and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby mutually agree as follows: SECTION 1. RECITALS. A. The City is the owner of the property commonly known as 1486 - 1486 1/z Miner Street, Des Plaines, Illinois, and legally described in Exhibit A to this Agreement ("Licensed Premises"). B. The Licensee desires to use the Licensed Premises for the storage of toys, children's winter coats, and other items collected as donations by the Licensee as part of the Operation North Pole Secret Santa Program (collectively, the "Donations"). C. The City and the Licensee desire to enter into this Agreement to permit the storage of the Donations within the Licensed Premises. SECTION 2. GRANT OF LICENSE; LIMITATION OF INTEREST. A. Grant of License. Subject to the terms and conditions set forth in this Agreement, City hereby grants to the Licensee, and the Licensee hereby accepts, a license to enter and use the Licensed Premises for the sole purpose of storing the Donations within the Licensed Premises pursuant to and in strict accordance with the terms and provisions of this Agreement ("License"). B. License Fee. In consideration of the License granted by Section 2.A of this Agreement, the Licensee agrees to pay the City a one-time license fee in the amount of $10.00. C. Limitation of Interest. Except for the License granted pursuant to this Agreement, the Licensee shall have no legal, beneficial, or equitable interest, whether by adverse possession or prescription or otherwise, in the Licensed Premises. SECTION 3. AS -IS CONDITION; DELIVERY, STORAGE AND MAINTENANCE OF THE DONATIONS AND THE LICENSED PREMISES. A. As -Is. The Licensee hereby accepts the Licensed Premises in its condition at the time of the execution of this Agreement. The Licensee acknowledges and agrees that: (i) the City has made no representation or warranty as to the suitability of the Licensed Premises for the Licensee's intended purposes; and (ii) the City will have no responsibility to maintain the Licensed Premises in any particular condition or manner. The Licensee waives any implied warranty that the Licensed Premises are or will be suitable for the Licensee's intended purposes. Exhibit A Page 5 of 9 B. Delivery and Storage. The Licensee shall deliver and store the Donations within the Licensed Premises in a safe, good, and workmanlike manner and in a safe, secure, and neat condition. C. Maintenance. 1. Acknowledgment of Licensee Obligations. The Licensee acknowledges and agrees that the Licensee, and not the City, is solely responsible for the delivery, storage, protection, maintenance, and replacement of the Donations. 2. Maintenance in Safe and Secure Condition. The Licensee shall store and maintain the Donations at all times in a safe, secure, and neat condition and in a condition of good repair. 3. Compliance with Laws. The Licensee shall deliver, store, and maintain the Donations in compliance at all times with all applicable laws, ordinances, resolutions, rules, and regulations, as the same have been or may be amended from time to time. D. Security of Licensed Premises. The Licensee acknowledges and agrees that the City will not provide any security services at the Licensed Premises and will not be responsible or liable to the Licensee for, and the Licensee hereby waives any claim against the City with respect to, any loss by theft or any other damage suffered or incurred by the Licensee in connection with any unauthorized entry into the Licensed Premises or any other breach of security with respect to the Licensed Premises. SECTION 4. RESERVATION OF RIGHTS. The City hereby reserves the right to use the Licensed Premises in any manner that will not prevent, impede, or interfere in any way with the exercise by Licensee of the rights granted pursuant to this Agreement. The City further reserves its right of full and normal access to the Licensed Premises for the maintenance of any existing or future utility located thereon. SECTION 5. LIABILITY AND INDEMNITY OF CITY. A. Liability. The Licensee acknowledges and agrees that the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of: (i) the City's issuance of any approvals for the delivery and storage of the Donations within the Licensed Premises; and (ii) the delivery and storage of the Donations within the Licensed Premises by the Licensee. B. Indemnity. The Licensee agrees to, and does hereby, hold harmless and indemnify the City and its officials, officers, employees, and agents from any and all claims that may be asserted at any time against the City in connection with: (i) the delivery and storage of any portion of the Donations within the Licensed Premises; and (ii) the Licensee's performance of, or failure to perform, its obligations under this Agreement. -2- Exhibit A Page 6 of 9 SECTION 6. TERM; TERMINATION; RESTORATION. A. Term. The term of this Agreement shall commence on October 20, 2015 and shall end on December 20, 2015. B. Termination by the City. In the event that the Licensee violates any provision of this Agreement, the City shall have the right, upon 10 days written notice and an opportunity to cure the violation, to terminate this Agreement. C. Termination by Licensee. The Licensee may terminate this Agreement immediately upon written notice to the City at any time with or without cause. E. Restoration of Licensed Premises. Upon termination of this Agreement, the Licensee, at its sole cost and expense, shall remove all Donations from the Licensed Premises and restore the Licensed Premises as nearly as practicable to its condition as of the Effective Date. SECTION 7. ENFORCEMENT. A. Enforcement. The City and the Licensee may, in law or in equity, by suit, action, mandamus or any other proceeding, including, without limitation, specific performance, enforce or compel the performance of this Agreement. B. Prevailing Party. In the event of a judicial proceeding brought by one party against the other party, the prevailing party in the judicial proceeding shall be entitled to reimbursement from the unsuccessful party of all costs and expenses, including reasonable attorneys' fees, incurred in connection with the judicial proceeding. SECTION 8. GENERAL PROVISIONS. A. Notices. All notices required or permitted to be given under this Agreement shall be given by the parties by: (i) personal delivery; (ii) deposit in the United States mail, enclosed in a sealed envelope with first class postage thereon; or (iii) deposit with a nationally recognized overnight delivery service, addressed as stated in this Section 8.A. The address of any party may be changed by written notice to the other parties. Any mailed notice shall be deemed to have been given and received within three days after the same has been mailed and any notice given by overnight courier shall be deemed to have been given and received within 24 hours after deposit. Notices and communications to the parties shall be addressed to, and delivered at, the following addresses: If to Licensor: City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Attention: City Director of Public Works and Engineering -3- Exhibit A Page 7 of 9 with a copy to: If to the Licensee: with a copy to: Holland & Knight LLP 131 S. Dearborn Street, 30th Floor Chicago, IL 60603 Attention: Peter M. Friedman, General Counsel Operation North Pole, Inc. 50 W. Oakton Street Des Plaines, IL 60018 Attention: Barbara J. Dabler B. Time of the Essence. Time is of the essence in the performance of all of the terms and conditions of this Agreement. C. Amendments. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved and executed by all parties to this Agreement in accordance with all applicable statutory procedures. D. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. E. Non -Waiver. Neither party shall be under an obligation to exercise any of the rights granted to it in this Agreement. The failure of either party to exercise at any time any right granted to it shall not be deemed or construed to be a waiver of that right, nor shall the failure void or affect the party's right to enforce that right or any other right. F. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. G. Severability. If any provision of this Agreement is construed or held to be void, invalid, illegal, or unenforceable in any respect, the remaining part of that provision and the remaining provisions of this Agreement shall not be affected, impaired, or invalidated thereby, but shall remain in full force and effect. The unenforceability of any provision of this Agreement shall not affect the enforceability of that provision in any other situation. H. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements and negotiations between the parties, whether written or oral, relating to the License granted pursuant to this Agreement. I. Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every -4- Exhibit A Page 8 of 9 provision of this Agreement shall be construed as though all parties participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. J. Exhibits. Exhibit A attached hereto is, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. K. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person shall be made, or be valid, against the City or the Licensee. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to constitute a duly authorized original. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed, effective as of the date first written above. ATTEST: CITY OF DES PLAINES By: By: Its: Its: ATTEST: OPERATION NORTH POLE, INC. By: By: Its: Its: -5- Exhibit A Page 9 of 9 CONSENT AGENDA ITEM 7 & 7a I DES PUBLIC WORKS AND ENGINEERING DEPARTMENT J 1111 Joseph J. Schwab Road 1? /� I ES Des Plaines, IL 60016 LAINES J Tel: 847-391-5464 ILLINOIS www.desplaines.org MEMORANDUM Date: To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Richard Valent, Superintendent of Utility Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Timothy Watkins, Assistant Director of Public Works & Engineering September 28, 2015 Subject: Reject All Bids & Re -advertise for Bid - Leak Detection & Valve Assessment Issue: Four bids for the Leak Detection & Valve Assessment three-year contract were opened on Friday September 4, 2015 at 10:00 a.m. Analysis: The purpose of leak detection is to reduce water and revenue losses by assisting the Water Division with leak identification and location. Once the leaks are identified, the Water Division will make the necessary repairs to the system. The purpose of valve assessment is to collect general valve information and exercise the valves to verify proper operation for maintenance and emergency shutdowns of water mains. After reviewing the bids received, we determined there were inconsistencies among the bidders pricing and that the City should reject all bids and re -advertise the project. In order to eliminate this issue from reoccurring, the schedule of pricing and basis to award bid will be revised to reflect better clarity for the bidders. These clarifications will allow the bidders to better understand the project and produce more accurate pricing. Recommendation: We recommend the City Council reject all four bids and authorize the City Clerk to re - advertise Leak Detection & Valve Assessment. Source of funding will be budgeted Water Funds. A bid opening date has been set for November 5, 2015 at 10:00 a.m. Attachments: Resolution R-172-15 Page 1 of 3 CITY OF DES PLAINES RESOLUTION R - 172 - 15 A RESOLUTION REJECTING ALL BIDS FOR LEAK DETECTION AND VALVE ASSESSMENT WORK WHEREAS, on September 18, 2015, the City Council authorized advertisement for bids for the procurement of work to detect and locate leaks and assess valves in the City's water supply system ("Work"); and WHEREAS, pursuant to Chapter 10 of Title 1 of the City of Des Plaines City Code ("City Code") and the City's purchasing policy, City staff issued an invitation to bid for the Work; and WHEREAS, the City received four bids for the Work ("Bids"), which Bids were opened publicly on September 4, 2015; and WHEREAS, the City Council has determined that: (i) the schedules of prices submitted with the Bids are not comparable; (ii) the City is unable to determine the lowest responsible bidder for the Work; and (iii) it is in the best interest of the City to reject all Bids and advertise for new bids for the Work; 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: REJECTION OF BIDS. Pursuant to Section 1-10-4.B of the City Code, the City Council hereby rejects all bids submitted for the Work and directs the City Manager, or his designee, to inform each bidder thereof. SECTION 3: ADVERTISEMENT FOR BIDS. The City Council hereby authorizes the City Manager, or his designee, to advertise for new bids for the Work. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval 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: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP -Resolution Rejecting Bids for Leak Detection and Valve Assessment #37434971_v2 2 Page 3 of 3 -DES PLAINES I L L I N O I S CONSENT AGENDA ITEM 8 & 8a PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL60016 P: 847.391.5390 desplaines.org MEMORANDUM Date: To: From: Cc: Subject: October 8, 2015 Michael G. Bartholomew, MCP, LEED AP, City Manager Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Code Violations at 875 Seegers Road — Additional Funding Request Issue: On August 3, 2015, City Council approved Resolution R-140-15, authorizing the City to enter into a contract with John Neri Constmction Co., Inc. ("Contract"), for the excavation and removal of illegal landfill ("Work, at 875 Seegers Road ("Property") in the not -to -exceed amount of $300,000.00. The City contracted for the Work pursuant to a judgment and order entered against the Property owner by the Circuit Court of Cook County on June 12, 2015. The order: (1) held that the Property Owner violated multiple sections of the City Code, including by illegally dumping fill in the floodplain in violation of Title 14 of the City Code, and (2) authorized the City to enter the Property, remove the illegal fill, charge the cost to the Property owner, and record a lien against the Property in the amount of the City's costs. Neri has commenced the Work, and the City has discovered that the quantity of fill illegally deposited within the floodplain on the Property is greater than previously estimated. In order to remove all of the illegal fill from the Property pursuant to the court order, the City must spend approximately an additional $3 50,000.00 under the Contract. Analysis: The City did not have access to the Property when it first estimated the amount of fill to be removed and the cost ofthe Work. The amount of illegal fill on the Property was initially estimated using historical aerial photography (2012 latest from GIS) and the submitted site plan for the property. Once the City was able to gain access to the Property pursuant to the court order, a survey was perfonned, which shows the actual amount of fill to be removed is approximately 10,000 cubic yards (compared to the initial estimate of 2,500 cubic yards). Although the estimated quantity of fill that must be removed has increased, the estimated unit cost of removing the fill has decreased. The City's initial estimate assumed, before environmental testing on the Property could be performed, that half of the illegal fill on the Property was contaminated and therefore must be disposed of at a special waste landfill, which costs more than disposing of Page 1 of 4 uncontaminated fill. Once the City was able to gain access to the Property pursuant to the court order, the contractor performed soil testing. The results show that all the fill is clean, which means that the total unit cost to dispose of the fill is lower than initially estimated. Utilizing the unit price for clean fill removal of $50.00 per cubic yard, an estimated additional $350,000 is required to remove all of the illegal fill from the Property under the Contract. Reconunendation: We recommend approval of the expenditure of an additional $350,000.00 under the Contract with John Neri Construction, Inc., 770 Factory Road, Addison, IL 60101, to complete the removal of illegal fill from the Property. Source of funding would be the fund balance from the General Fund. Pursuant to the court order, the City will seek reimbursement from the Property owner and will record a lien against the Property for all City costs. Attachments: Resolution R-177-15 Page 2 of 4 CITY OF DES PLAINES RESOLUTION R - 177 - 15 A RESOLUTION APPROVING AN ADDITIONAL EXPENDITURE UNDER A CONTRACT WITH JOHN NERI CONSTRUCTION CO., INC., FOR EXCAVATION AND REMOVAL OF ILLEGAL LANDFILL AT 875 SEEGERS ROAD. 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 3, 2015, the City Council approved Resolution R-140-15, which authorized: (i) the execution of a unit -price contract ("Contract") with John Neri Construction Co., Inc. ("Contractor"), for the excavation and removal of all illegal landfill from the floodway and floodplain ("Work") located on the property commonly known at 875 Seegers Road ("Property"); and (ii) the expenditure of the not -to -exceed amount of $300,000.00 under the Contract for the Work; and WHEREAS, prior to obtaining access to the Property, the City examined aerial photographs and a site plan ofthe Property to estimate the total amount of illegal landfill deposited in the floodway and floodplain on the Property to be approximately 2,500 cubic yards; and WHEREAS, after obtaining access to the Property, the City caused the Property to be professionally surveyed and discovered that the quantity of illegal landfill that must be removed from the floodway and floodplain on the Property is approximately 10,000 cubic yards ("Updated Estimate"); and WHEREAS, in order to complete the Work based on the Updated Estimate, the City must expend an additional amount under the Contract of approximately $350,000.00; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the expenditure of an additional amount not to exceed $350,000.00 under the Contract for the completion ofthe Work, for atotal authorized expenditure under the Contract of an amount not to exceed $750,000.00; 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: AUTHORIZATION OF EXPENDITURE. The City Council hereby authorizes the expenditure of an additional amount not to exceed $350,000.00 for the Work under 1 Page 3 of 4 the Contract, for a total authorized expenditure for the Work under the Contract of an amount not to exceed $750,000.00. The City Manager, or his designee, is authorized to issue payment to the Contractor in accordance with the provisions of the Contract and this Resolution. SECTION 3: 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 Additional Work from John Neri Construction Company at 875 Seegers Rd #37485950v2 2 Page 4 of 4 �DEs I.INES ILLINOIS CONSENT AGENDA ITEM 9 OFFICE OF THE MAYOR 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org MEMORANDUM Date: September 11, 2015 To: Honorable Aldermen From: Matthew G. Bogusz, Local Liquor Commissioner cc: Vickie Baumann, Secretary, Licensing Division Subject: Maintenance Ordinance Liquor License Re -numbering Several businesses have changed classification, transferred ownership, ceased operations and/or have commenced new business within the City of Des Plaines. Attached please find an ordinance amending the Liquor License code to reflect the number of active liquor licenses for the period of July 1, 2015 — June 30, 2016. This will come before you on the Consent Agenda on October 5, 2015 City Council meeting. Matthew J. Bogusz Mayor Local Liquor Commissioner Attachments: Ordinance Page 1 of 4 CITY OF DES PLAINES ORDINANCE M - 19 - 15 AN ORDINANCE AMENDING SECTION 4-18-1, "FEE SCHEDULE," OF CHAPTER 18, "SCHEDULE OF FEES," OF TITLE 4, "BUSINESS REGULATIONS," OF THE CITY CODE. WHEREAS, the City has granted liquor licenses to certain businesses within the City that have been transferred to new owners, ceased operations, or have obtained a liquor license of a different classification; and WHEREAS, Section 4-18-1 of the Des Plaines City Code ("City Code") sets forth, among other things, the total number of each classification of liquor licenses that have been granted by the City ("Liquor License Schedule"); and WHEREAS, the City desires to update and clarify the Liquor License Schedule to reflect the actual number of each classification of liquor licenses that have been made available by the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Liquor License Schedule 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 the findings of the City Council. SECTION 2: FEE SCHEDULE. Section 1, titled "Fee Schedule," of Chapter 18, titled "Schedule of Fees," of Title 4, titled "Business Regulations," of the City Code is hereby amended further to read as follows: 1 Page 2 of 4 "4-18-1: FEE SCHEDULE: Section Fee Description 4-4-5 A License fees and number: Class Number Term Initial Fee Annual Fee Class A 3331 Annual $3,850.00 $1,925.00 Class A-1 1 Annual $4,840.00 $2,420.00 L i Class A-2 ; 0 Annual $6,050.00 $3,025.00 Class AB Annual $7,480.00 $3,740.00 Class AB -1 Annual $8,470.00 $4,235.00 nClass AB -2 Annual $9,680.00 $4,840.00 Class B 4514 Annual $3,630.00 $1,815.00 Class B-1 4-6 17 Annual $3,630.00 $1,815.00 Class C 2 Annual $1,210.00 $605.00 Class D Per day $28.00 Class E 4413 Annual $3,630.00 $1,815.00 LJ Class F 1 Annual $2,860.00 $1,430.00 Class G 3 Annual $3,630.00 $1,815.00 Class H Annual $3,630.00 $1,815.00 nClass H-1 S 7 Annual $3,630.00 $1,815.00 Class H-2 2 Annual Class I 1 Annual $600.00 $300.00 Class J 3 Annual $3,630.00 $1,815.00 Class K 1 Annual $550.00 Class K -subsidiary: LJ Annual Annual $440.00 Event Per event $55.00 nClass L Annual $2,860.00 $1,430.00 2 Page 3 of 4 [The remainder of the Fee Schedule is unchanged.] SECTION 4: 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 , 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 Inserted text is bold and double underlined. deleted text is struck through. DP -Ordinance Amend Title 4 Chapter 18 Liquor License Numbers 2015 3 Page 4 of 4 Class M 7 Annual $3,630.00 $1,815.00 Class N 6 Annual $12,000.00 $6,000.00 Class 0 Per day $1,000.00 $500.00 Class P 1 Annual $3,630.00 $1,815.00 [The remainder of the Fee Schedule is unchanged.] SECTION 4: 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 , 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 Inserted text is bold and double underlined. deleted text is struck through. DP -Ordinance Amend Title 4 Chapter 18 Liquor License Numbers 2015 3 Page 4 of 4 IDES PLA[NIs I L L I N O I S COMMITTEE OF THE WHOLE la FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org MEMORANDUM Date: October 7, 2015 To: Michael G. Bartholomew, City Manager From: liana Bromber, Assistant Director of Finance Subject: Resolution R-175-15, October 19, 2015 Warrant Register Recommendation: I recommend that the City Council approve the October 19, 2015 Warrant Register Resolution R-175-15. Warrant Register $2$94,265.74 Estimated General Fund Balance Balance as of 8/31/2015: 12.1.21.1.152 Please use caution when evaluating this number as revenues fluctuate dramatically from month to month due to delays in receiving sales tax revenuefrom the State and Is` & grad installments of property tax revenue. Page 1 of 23 CITY OF DES PLAINES RESOLUTION R-175-15 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. October 19, 2015 Page 2 of 23 Line # Org City of Des Plaines Warrant Register 10/19/2015 Account Vendor Invoice Invoice Desc Am oun 1 Fund: 100 - General Fund 2 00 4300 Vehicle Licenses 5807 Lee, Youn Mo Refund 09/17/15 Vehicle Sticker Refund 09/17/2015 90.00 3 00 4300 Vehicle Licenses 5808 Popovici, Bogdan Refund 10/01/15 Vehicle Sticker Refund 10/01/2015 10.00 4 00 4400 Building Permits 5794 Lechowski, Brian 2015-08000085 Sewer Permit Refund 09/30/2015 300.00 5 00 4400 Building Permits 4802 Rick's Sewer & Drainage Incorporated 2015-09000218 Sewer Permit Refund 09/25/2015 300.00 6 00 4400 Building Permits 5445 Chicago Water Connection Inc 2015-09000033 Sewer Permit Refund 09/23/2015 300.00 7 00 4400 Building Permits 1656 Bishop Plumbing Inc 2015-08000280 Sewer Permit Refund 09/23/2015 300.00 8 00 4500 Court costs, Fees & Charges 5779 Hendler, Margaret P0225559 Overpayment for Parking Ticket 9/22/15 15.00 9 00 4500 Court costs, Fees & Charges 5780 Stecich, Rita P0224145 Overpayment for Parking Ticket 9/24/15 25.00 10 00 4500 Court costs, Fees & Charges 5795 Alderman, Dawn P0224886 Overpayment for Parking Ticket 9/29/15 50.00 11 00 4500 Court costs, Fees & Charges 5796 Pro Star Freight Systems Inc Repl P0219121 Replacement Check Overpayment for Parking Ticket P0219121 40.00 12 00 4500 Court costs, Fees & Charges 5796 Pro Star Freight Systems Inc Repl P0219122A Replacement Check Overpayment for Parking Ticket P0219122A 40.00 13 00 4630 Resident Ambulance Fees 1459 Blue Cross Blue Shield of Illinois 15-01771 Medical Reimb for Ambulance Billing 01/12/2015 641.71 14 00 4631 Nonresident Ambulance Fees 1459 Blue Cross Blue Shield of Illinois 15-0017321 Medical Reimb for Ambulance Billing 05/05/2015 42.60 15 Total 00 - Non Departmental 2,154.31 16 Elected Office 17 10 5310 Membership Dues 1503 Rotary Club of Des Plaines 3389 3rd Qtr 2015 Membership Billing for Alderman 240.00 18 10 5310 Membership Dues 1532 Des Plaines Chamber of Commerce 11773A Membership Dues Citywide 11/01/2015-10/31/2016 340.00 19 10 5310 Membership Dues 1153 West Central Municipal Conference 0008133 -IN Membership Dues FY2015-2016 - Citywide 5,500.00 20 10 5320 Conferences 1532 Des Plaines Chamber of Commerce 11751A Legislative Breakfast 09/25/2015 Alderman 25.00 21 10 5325 Training 5781 Fast, Laura Reimb 09/09/2015 N&NW Municipal Clerks Dinner Mtg River Grove & Mileage on 9/9/15 35.04 22 10 5325 Training 5781 Fast, Laura Reimb 09/19/2015 Mileage for IML Clerks Session Chicago Hilton on 9/19/15 (25.3mi 14.55 23 10 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 59.83 24 10 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 616.67 25 10 6195 Miscellaneous Contractual Services 2203 Starvin' Artist 15-0923 Re -Framing of 4 Wall Maps 09/23/2015 60.00 26 10 7000 Office Supplies 1389 Garvey's Office Products Inc CM152334 Return Ziploc Bags (7.76) Page 3 of 23 Line # 27 28 7000 Office Supplies City of Des Plaines Warrant Register 10/19/2015 1389 Garvey's Office Products Inc PI N V1027891 10 7000 Office Supplies 29 Total 10 - Elected Office 2016 Sign A Rama 31828 Invoice Desc Calendars, Paper, Pens, Certificates, Clips & Batteries Engraved Sign for Deputy City Clerk 268.55 18.00 7,169.88 30 City Administration 31 20 5530 Employee Assistance Program 4651 Perspectives 82155 Employee Assistance Services 10/01-10/31/2015 542.50 32 20 6005 Legal Fees 3447 Holland & Knight LLP AUG 2015 RET August 2015 Retainer 18,500.00 33 20 6005 Legal Fees 3447 Holland & Knight LLP 3240146 8-15 Non -Retainer IEMA and FEMA Review 3,124.50 34 20 6005 Legal Fees 3447 Holland & Knight LLP 3240158 8-15 Non -Retainer Litigation* 893.00 35 20 6005 Legal Fees 3447 Holland & Knight LLP 3240164 8-15 Non -Retainer Litigation* 1,930.00 36 20 6005 Legal Fees 3447 Holland & Knight LLP 3240166 8-15 Non -Retainer Litigation* 462.50 37 20 6005 Legal Fees 3447 Holland & Knight LLP 3240149 8-15 Reimb Casino Matters 2,446.00 38 20 6005 Legal Fees 3447 Holland & Knight LLP 3240160 8-15 Reimb 968 2nd Street Demo 684.50 39 20 6009 Legal Fees - Admin Hearings/Prosecutions 1735 Cohen Law Firm PC 03-15 Administrative Hearing Officer 09/03-09/16/2015 900.00 40 20 6009 Legal Fees - Admin Hearings/Prosecutions 1073 Bartel, Raymond 15-18 Legal Services 09/17- 09/29/2015 1,722.50 41 20 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 517.16 42 20 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 393.58 43 20 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 114.03 44 20 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 228.06 45 20 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 59.83 46 20 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 59.83 47 20 6110 Printing Services 1017AIphagraphics 41010 Five Prints Installed in Frames for Council Chambers 09/22/2015 498.25 48 20 6110 Printing Services 1106 Chromatech Printing Inc 6801/24107 Des Plaines Digest Newsletter Fall 2015 4,991.00 49 20 6110 Printing Services 5079 RV Enterprises Ltd 9150145 1,000 Coffee Cup Sleeves 418.00 50 20 6110 Printing Services 1119 Chicago Office Technology Group IN164634 Copy Charges 8/22/2015 - 9/21/2015 772.06 51 20 6110 Printing Services 1119 Chicago Office Technology Group IN146695 Copy Charges 8/01/2015 - 8/31/2015 241.54 52 20 6195 Miscellaneous Contractual Services 2203 Starvin' Artist 15-0922 Re -Framing of 4 City Maps on 09/22/2015 60.00 53 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/21/2015 Edited Des Plaines @ Your Service 09/21/2015 68.00 * On-going City litigation items provided separately to the City Council Page 4 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# 54 Org 20 Account Miscellaneous Contractual Services Vendor 4272 Cosgriff, Bryan Invoice 09/16/2015 Invoice Desc Filmed Des Plaines @ Your Service 09/16/2015 Amount 102.00 6195 55 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/18/2015 Filmed Des Plaines @ Your Service 09/18/2015 68.00 56 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/24/2015 Edited Des Plaines @ Your Service 09/24/2015 68.00 57 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/22/2015 Edited Des Plaines @ Your Service 09/22/2015 76.50 58 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/23/2015 Edited Des Plaines @ Your Service 09/23/2015 76.50 59 20 6195 Miscellaneous Contractual Services 4086 Cumbee, Adam 09/11/2015 Filmed Patriot Day Ceremony 09/11/2015 51.00 60 20 6195 Miscellaneous Contractual Services 4086 Cumbee, Adam 09/24/2015 Filmed Des Plaines @ Your Service 09/24/2015 29.75 61 20 6195 Miscellaneous Contractual Services 4086 Cumbee, Adam 09/21/2015 Filmed City Council Meeting 09/21/2015 68.00 62 20 6195 Miscellaneous Contractual Services 4086 Cumbee, Adam 09/19/2015 Filmed Fall Fest 09/19/2015 85.00 63 20 6195 Miscellaneous Contractual Services 4086 Cumbee, Adam 09/20/2015 Filmed Fall Fest 09/20/2015 76.50 64 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/25/2015 Edited Des Plaines @ Your Service 09/25/2015 72.25 65 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/28/2015 Edited Des Plaines @ Your Service 09/28/2015 97.75 66 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/29/2015 Edited Des Plaines @ Your Service 09/29/2015 72.25 67 20 6195 Miscellaneous Contractual Services 4272 Cosgriff, Bryan 09/30/2015 Edited Graphics for Cable 09/30/2015 85.00 68 20 6195 Miscellaneous Contractual Services 5692 Civica Software 3210 Website Redesign, Hosting, Technical Support 8-3-15 to 12- 31-15 7,393.50 69 20 6195 Miscellaneous Contractual Services 5229 Gala ng, Thomas 1 09/21/2015 Filmed City Council Meeting 09/21/2015 55.00 70 20 6195 Miscellaneous Contractual Services 1620 CivicPlus 156199 Website Maintenance & Hosting November -December 2015 1,019.53 71 20 6195 Miscellaneous Contractual Services 1620 CivicPlus 156299 Fee for Site Scrape Website Documentation on 09/29/2015 250.00 72 20 6195 Miscellaneous Contractual Services 1630 Ivanovic, Amanda 09/21/2015 Filmed City Council Meeting 09/21/2015 80.75 73 20 6195 Miscellaneous Contractual Services 3294AVI Systems 88383084 Cable Shortening for New Council Chamber Microphones on 08/05/15 260.00 74 20 6300 R&M Software 1322 Insight Public Sector 1100440495 Netmotion Mobility License/Support-Police Video 9/30/15-10/21/16 2,227.90 75 20 6300 R&M Software 1322 Insight Public Sector 1100440293 Netmotion Server License/Support-Police Video 9/30/15-10/21/16 4,371.40 76 20 6305 R&M Equipment 2933 SMS Systems Maintenance Services Inc 90014248 Server Maintenance Contract 9/01/2015 - 9/30/2015 217.00 Page 5 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org Account 30 Vendor Invoice 4007492407 Invoice Desc Youth Commission's Water and Snacks for Teen Night 09/12/2015 Amount 45.00 77 20 6535 Subsidy -Youth Commission 1076 Sam's Club Direct 78 20 6535 Subsidy -Youth Commission 5788 Fabjance, Gerard J Contract10242015 Youth Commission's Magician for Family Night on 10/24/2015 225.00 79 20 6550 Subsidy - Senior Citizen Cab Service 1007 303 Taxi 25432 Subsidized Taxi Voucher Program August 2015 M-12-11 129.00 80 20 7000 Office Supplies 1220 Runco Office Supply 626207-0 2 Boxes of Copy Paper, 1 Box of Mailing Labels and 1 Dz Pens 91.31 81 20 7000 Office Supplies 1220 Runco Office Supply 626210-0 1 Dz Pens 10.54 82 20 7000 Office Supplies 1220 Runco Office Supply 626746-0 1 Case of Copy Paper 32.99 83 20 7005 Printer Supplies 1820 Datasource, Ink 13296 2 Toner Cartridges for City Printers 458.00 84 20 7320 Equipment < $5,000 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 333.73 85 20 7320 Equipment < $5,000 1026 CDW LLC ZG25734 Network Interface Card For The APC UPS 1,222.00 86 20 8005 Computer Hardware 5068 IT Savvy LLC 00823216 2 Replacement HP Printers For Fire and Water Plant 4,300.00 87 Total 20 - City Administration 63,377.99 88 Finance 89 30 5320 Conferences 4599 Kron, Nicholas Reimb 9/13-9/15 Meals & Taxi for Logos Exec Cust Conf 9/13-9/15/15 Fin Analyst 145.50 90 30 6000 Professional Services 5764 GovTempUSA LLC 1782734 Interim Finance Director Services 07/28-08/19/2015 2,800.00 91 30 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 182.18 92 Total 30 - Finance 6000 3,127.68 93 Community Development 94 40 5325 Training 5797 IAEI Northeast Suburban IAEI 2015 IAEI Training 11/04/2015 100.00 95 40 6000 Professional Services 4210 Lakota Group, The 14035-04 Phase 1-2 Conceptual Site Plan & Design Development 7/1- 8/31/15 11,177.87 96 40 6000 Professional Services 3309 Elevator Inspection Services Inc 54605 20 Elevator Inspections 09/08- 09/11/2015 580.00 97 40 6000 Professional Services 3309 Elevator Inspection Services Inc 54304 17 Elevator Inspections 09/02- 09/04/2015 493.00 98 40 6000 Professional Services 3309 Elevator Inspection Services Inc 54518 2 Elevator Inspections 09/11/2015 150.00 99 40 6000 Professional Services 3309 Elevator Inspection Services Inc 54339 2 Elevator Inspections 08/20/2015 150.00 100 40 6000 Professional Services 3309 Elevator Inspection Services Inc 54746 4 Elevator Inspections 09/23/2015 116.00 101 40 6000 Professional Services 3309 Elevator Inspection Services Inc 54731 2 Elevator Inspections 09/23/2015 150.00 102 40 6005 Legal Fees 3447 Holland & Knight LLP 3240156 8-15 Non -Retainer Property Enforcement Matters 11,232.00 103 40 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 615.88 Page 6 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org 40 Account 6100 Publication of Notices Vendor 1050 Journal & Topics Invoice 166592 Invoice Desc Plan Commission Legal Notice 09/11/2015 Amount 104 181.82 105 40 6100 Publication of Notices 1050 Journal & Topics 166593 Zoning Board of Appeals Legal Notice 09/11/2015 189.72 106 40 7000 Office Supplies 1066 Office Depot 795418514001 4 Cans Lysol Spray, 4 Bins of Lysol Wipes, White-out, Pens 20.72 107 40 7000 Office Supplies 1066 Office Depot 794765078001 Legal File Folders, Post -Its, 3 Scissors 47.85 108 40 7000 Office Supplies 1066 Office Depot 796334641001 Copy Paper, Cardstock, Highlighters, Binder Clips 62.99 109 40 7000 Office Supplies 1066 Office Depot 796334641001 Copy Paper, Cardstock, Highlighters, Binder Clips 11.57 110 40 7000 Office Supplies 1066 Office Depot 795418514001 4 Cans Lysol Spray, 4 Bins of Lysol Wipes, White-out, Pens 20.72 111 40 7000 Office Supplies 1066 Office Depot 795418514001 4 Cans Lysol Spray, 4 Bins of Lysol Wipes, White-out, Pens 20.72 112 40 7000 Office Supplies 1066 Office Depot 794765078001 Legal File Folders, Post -Its, 3 Scissors 44.89 113 Total 40 - Community Development 6115 25,365.75 114 Public Works & Engineering 115 50 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 119.60 116 50 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 78.61 117 50 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 413.18 118 50 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 366.69 119 50 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 74.12 120 50 6025 Administrative Services 1172 Third Millennium Associates Inc 18596 Utility Bill Rendering 09/17/2015 504.92 121 50 6040 Waste Hauling & Debris Removal 1067 Orange Crush 493627 6 Loads of Grindings - 09/11/2015 690.00 122 50 6115 Licensing/Titles 1946 Henry, William H Reimb 9/21/15 CDL Reimbursement - Expires 10/9/19 30.00 123 50 6115 Licensing/Titles 5791 Babinski, Bartosz P Reimb 05/12/2015 CDL Reimbursement Expires 04/28/2019 30.00 124 50 6115 Licensing/Titles 5792 Swasas, Matthew C Reimb 08/28/2015 CDL Reimbursement Expires 09/01/2019 30.00 125 50 6135 Rentals- Uniforms 1029 Cintas#22 022208243 Fleet Maintenance Uniform Rental - 9/21 98.01 126 50 6135 Rentals- Uniforms 1029 Cintas#22 022211308 Fleet Maintenance Uniform Rental - 9/28 98.01 127 50 6145 Custodial Services 5343 ABC Commercial Inc 2015-09-07 Custodial Services - September 2015 3,900.00 128 50 6195 Miscellaneous Contractual Services 1107 Ayres Associates 160260 Consultant -2015 Color Topographic Mapping 08/02- 09/05/2015 3,814.65 129 50 6195 Miscellaneous Contractual Services 1060 Municipal GIS Partners Inc 2696 2015 GIS Staffing and Services 09/01-09/30/2015 15,707.83 Page 7 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# 130 Org 50 Account Vendor Invoice Invoice Desc Amount 6195 Miscellaneous Contractual Services 1741 Praxair Distribution Inc 53810262 Oxygen &Acetylene Rental- 9/20 351.73 131 50 6195 Miscellaneous Contractual Services 1178Trugreen Limited Partnership 39085051 Weed Control at Busse & Miner 09/18/2015 300.00 132 50 6195 Miscellaneous Contractual Services 1178Trugreen Limited Partnership 39336745 Fertilizer and Weed Control Applications - 9/23 3,139 72 133 50 6195 Miscellaneous Contractual Services 1178Trugreen Limited Partnership 39198628 Fertilizer and Weed Control Applications - 9/21 525.00 134 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022209212 Mat Rental - PW, City Hall & Police 9/22 170.06 135 50 6195 Miscellaneous Contractual Services 1029 Cintas #22 022212282 Mats - City Hall and PW 9/29 216.62 136 50 6305 R&M Equipment 1054 Lee Auto Parts 408-963488 Battery & Oil for PW #161A/5034 73.77 137 50 6305 R&M Equipment 1071 Pomp's Tire Service Inc 280048615 Tire Repair09/14/2015 - PW #85A/5033 416.00 138 50 6310 R&M Vehicles 1116 Certified Fleet Services Inc S10401 Repairs on Certified Aerial Lift - 9/8 - PW #106/5051 1,987.43 139 50 6310 R&M Vehicles 1278 Dave & Jim's Auto Body Inc 15846 Front End Alignment 09/28/2015 - Fire #A64/7704 132.76 140 50 6310 R&M Vehicles 1054 Lee Auto Parts 408-962939 Machine (Turn) 4 Rotors - PW #5044 120.00 141 50 6315 City Hall 1025 Bedco Inc 19841 Repair PW Hot Water Pipe - 9/16 115.00 142 50 6315 City Hall 1025 Bedco Inc 19842 Repair City Hall 2nd Floor Heaters in Ceiling 9/14 57.50 143 50 6315 City Hall 1025 Bedco Inc 19834 Monthly Service Fee - October 2015 440.00 144 50 6315 City Hall 1187 Scharm Floor Covering 12592 2nd Floor (Formerly 911) Carpet Installation 09/14-09/17/2015 8,759.60 145 50 6315 City Hall 1544 Fox Valley Fire & Safety Company Inc 938387 Alarm Service Call for City Hall - 9/17 776.50 146 50 6315 City Hall 3326 A-1 Roofing Co Payment #2 City Hall Roof & Masonry Repairs 8/16 - 9/11/2015 27,585.00 147 50 6315 Other 1025 Bedco Inc 19834 Monthly Service Fee - October 2015 440.00 148 50 6315 Other 1025 Bedco Inc 19842 Repair City Hall 2nd Floor Heaters in Ceiling 9/14 57.50 149 50 6315 Other 1025 Bedco Inc 19841 Repair PW Hot Water Pipe - 9/16 115.00 150 50 7000 Office Supplies 1066 Office Depot 795439029001 Copy Paper, Stackable Trays, 2 Drawer Organizers 79.99 151 50 7020 Supplies - Safety 1703 Prosafety Inc 2/810000 30 Protective Dust Masks 70.40 152 50 7025 Supplies - Custodial 1029 Cintas#22 022211309 Soap, Paper Towels, Toilet Paper, Glass Cleaner 136.03 153 50 7030 Supplies -Tools & Hardware 1057 Menards Incorporated 64520 3 Containers Slide Glides - Finance Furniture Move 19.88 154 50 7030 Supplies -Tools & Hardware 1520 Russo Power Equipment 2677940 3 Shovels, 3 Rakes 133.94 155 50 7030 Supplies -Tools & Hardware 2012 Gard Specialists Co Inc 88353 10 Grounding Wheels - Stock 88.48 156 50 7030 Supplies - Tools & Hardware 1677 Wholesale Direct Inc 000216682 Compact Vehicle Charger - Police 170.76 Page 8 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org 50 Account 7030 Supplies - Tools & Ha rdware Vendor 1054 Lee Auto Parts Invoice 408-962811 Invoice Desc Primer & Paint for Tire Rack Amount 157 23.07 158 50 7030 Supplies - Tools& Hardware 1062 NAPA of Des Plaines 577333 6 Air Couplers & 6 Adapters - Shop Tools 51.06 159 50 7035 Supplies - Equipment R&M 1062 NAPA of Des Plaines 578247 Oil & Fuel Filters - PW #86A/5005 52.96 160 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-963566 2 Oil Filters, 2 Air Filters - PW #88A/5040 215.97 161 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-966602 Fuel & Oil Filter - PW #86A/5005 112.87 162 50 7035 Supplies - Equipment R&M 1085 Alexander Equipment Company Inc 116123 Clutch Pac, Pilot Bearing, Yoke - PW #88A/5040 819.15 163 50 7035 Supplies - Equipment R&M 5731 Advance Auto Parts 6027527277929 2 Air Filters, 2 Fuel Filters, Oil Filter - PW #86A/5005 125.39 164 50 7035 Supplies - Equipment R&M 5731 Advance Auto Parts 6027527277938 Trans Filter - PW #86A/5005 18.15 165 50 7035 Supplies - Equipment R&M 4328 Batteries Plus Bulbs 490-102174-01 2 Batteries for Generators - Fire #7303/7505 161.67 166 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027526736855 Oil Filter, 2 Fuel Filters, Air Filter - PW #141/5042 46.81 167 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027526736854 Oil & Fuel Filters - PW #141/5042 20.75 168 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027526629655 Fuel Tank Strap - PW Old #3340 37.27 169 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027526829736 Drag Link, Tie Rod Ends & Components - Fire #A64/7704 341.57 170 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027526577608 15 Filters - Stock 164.48 171 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027525977273 Fuel Filter & Air Hose Splicer Heater Fitting - Stock 30.36 172 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027526436575 2 Brake Rotors - EMA #1/6502 41.98 173 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027525977325 4 Fuel Filters, 2 Oil Filters & 3 Hydraulic Fuel Filters - Stock 121.85 174 50 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027526836888 2 Air Filters & Hydraulic Filter - PW #86A/5005 79.36 175 50 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs 490-102199-01 6 Batteries - Stock 539.10 176 50 7040 Supplies - Vehicle R&M 5193 Fast MRO Supplies Inc 1648 Glass Cleaner& Brake Cleaner- Stock 462.77 177 50 7040 Supplies - VehicleR&M 1087 Ashla nd Inc 131349549 200 Gallons Engine Oil - Stock 2,112.00 178 50 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1252610148 Negative Battery Cable - Fire #T61/7801 43.00 179 50 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1252610257 Oil Filter, ABS Brake Modules, Light Bulbs - Fire #E61/7601 463.19 180 50 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 280049231 6 Tires - Stock 922.04 181 50 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 280049333 2 Tires - Steer Axle - Fire #T63/7802 1,038.80 Page 9 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# 182 Org 50 Account 7040 Supplies - Vehicle R&M Vendor 1071 Pomp's Tire Service Inc Invoice 280048172 Invoice Desc Amount 20 Valve Sterns & 20 Valve Stem Extensions - Fire #T61/7801 397.80 183 50 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co C06439 10 Broom Brushes for Leaf Baskets - PW #245, 247, 251, 317 1,272.00 184 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-965742 Fuel Tank Strap - PW Old #340 8.19 185 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-965698 Keyless Entry - Fire #7401/6101 5.38 186 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-962254 Toggle Switch - Stock 23.07 187 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-963321 2 Brake Rotors, 1 Brake Pad - Police #28/6910 140.67 188 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-964455 2 Wiper Blades - Eng #2071/2003 29.98 189 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-964444 2 Oil Filters, Air Filter & 3 Wiper Blades - Eng #2071/2003 62.54 190 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-964462 Oil & Air Filters - Fire #6100/7400 18.69 191 50 7040 Supplies- Vehicle R&M 1054 Lee Auto Parts 408-964548 2 Brake Rotors, Ceramic Pads- Police #2/6002 100.27 192 50 7040 Supplies -Vehicle R&M 1054 Lee Auto Parts 408-965160 Brake Pads and Fuel Filter- EMA #1/6502 43.58 193 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-958235 2 Brake Rotors, Pads & Wheel Seal - PW #351/5068 321.15 194 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-961356 Returned Brake Calipers Core Return - PW #351/5068 (55.00) 195 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-959291 Brake Caliper- PW #351/5068 128.99 196 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-962834 Brake Pads - PW #5044 122.52 197 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-962018 Returned Brake Pads, Rotors & Caliper Brackets - Fire #B63/7501 (500.94) 198 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-961266 4 Brake Rotors, 2 Brake Pads - Fire #B63/7501 350.94 199 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 578414 Air Filter- PW #225/5056 46.72 200 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-962009 4 Brake Rotors, 2 Brake Pads, Caliper Kit - FD #663/7501 447.42 201 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-962267 2 Brake Caliper Pins - FD #B63/7501 19.58 202 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-963237 Return Starter- FD #A65/7705 (60.00) 203 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-962614 2 Headlights - Motorcycles 26.18 204 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-964190 12 Eraser Tools for Decal Removal 320.36 205 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 4459687 Drill Bits, Flat Washers, Bolts, Lock Nuts & Connectors - Stock 162.90 Page 10 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# 206 Org 50 Account 7040 Supplies - Vehicle R&M Vendor Invoice 4433091 Invoice Des 4 Amount 1053 Kimball Midwest Fuel Hose, Loctite, Drill Bit & Spray Lubricant - Stock 247.79 207 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000216703 10 Plow Receiver Pins - Stock 281.99 208 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000216592 6 Amber LED Side Turn Lights - Fire #E61/7601 489.60 209 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000216540 Power Inverter - Fire #A65/7705 320.61 210 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 707984 20 Winter Wiper Blades - Stock 95.80 211 50 7040 Supplies- Vehicle R&M 1673 Chicago Parts & Sound LLC 705647 Fuel Filter - Fire #A65/7705 21.69 212 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 705371 10 Wiper Blades Returned - Stock (37.90) 213 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 383926P Light Assembly - Fire #B61/7500 77.56 214 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 383005P Seat Padding & Seat Cover - Fire #A61/7701 406.70 215 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 383463P Exhaust Pipe - Fire #A65/7705 129.78 216 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 383234P Exhaust Muffler & Pipes - Fire #A65/7705 629.77 217 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 383602P Instrument Cluster- Police #43/6043 666.24 218 50 7040 Supplies - Vehicle R&M 1501 Foster Coach Sales Inc 7664 6 Backup Sensors for Fire #E61, E62, E63, E64,T61 & T63 2,250.00 219 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG46755 Outrigger Joystick, Electric Box & Gauge - Fire #T61/7801 989.42 220 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG46765 Outrigger Pads - Fire #E61/7601 68.21 221 50 7040 Supplies - Vehicle R&M 1451 Autozone 2571960360 Diesel Fuel Additive - Fire #A61, A64 & A65 27.74 222 50 7040 Supplies - Vehicle R&M 1739 Morton Grove Automotive Inc 55527 2 Rebuilt Alternators - Fire #A65/7705 290.00 223 50 7040 Supplies- Vehicle R&M 1739 Morton Grove Automotive Inc 55498 2 Rebuilt Alternators - Fire - Stock 520.00 224 50 7045 Supplies - Building R&M 5699 March Industries Inc 145668 50 New Lockers and Bench for PW Locker Room 10,443.00 225 50 7045 Supplies - Building R&M 1057 Menards Incorporated 63733 Wire Grommets for PW Rehab 7.96 226 50 7045 Supplies - Building R&M 1057 Menards Incorporated 63858 Hole Saw for PW Rehab 27.36 227 50 7045 Supplies - Building R&M 1057 Menards Incorporated 63940 6 Light Bulbs - Stock 16.06 228 50 7045 Supplies - Building R&M 1057 Menards Incorporated 64098 Vinyl Composition Tile Adhesive &Trowel for EMA 6.25 229 50 7045 Supplies - Building R&M 1057 Menards Incorporated 64402 Stern Mount, Toggle Bolt, Coupler, Wood Boring Bit & Phone Line 37.59 230 50 7045 Supplies - Building R&M 1043 Grainger 9850912032 18 Light Bulbs - Stock 197.28 231 50 7045 Supplies - Building R&M 1043 Grainger 9852118596 Carpet Protection Film - City Hall 2nd Floor 135.94 Page 11 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org 50 Account 7045 Supplies - Building R&M Vendor 1187 Scharm Floor Covering Invoice 12664 Invoice Desc Replacement Carpet Squares - City Hall Amount 232 1,206.40 233 50 7045 Supplies - Building R&M 1187 Scharm Floor Covering 12673 Carpet Squares and Adhesive for Public Works Renovations 4,279.20 234 50 7045 Supplies - Building R&M 1208 Steiner Electric Co 5005152978.001 Wire - PW Build Out 590.50 235 50 7045 Supplies - Building R&M 2480 Just Faucets 164944 2 Solenoid Replacement Kits - City Hall 3rd Floor Bathroom 299.20 236 50 7045 Supplies - Building R&M 3378 Michael Wagner & Sons Inc 1359768 Copper Parts for City Hall - 2nd Floor Improvements 14.69 237 50 7045 Supplies - Building R&M 2313 City Electric Supply (CES) DEP/030720 12 Light Fixtures for City Hall & PW 839.76 238 50 7045 Supplies - Building R&M 2313 City Electric Supply (CES) DEP/030843 Electric Box Filler for City Hall - Second Floor 53.47 239 50 7045 Supplies - Building R&M 2313 City Electric Supply (CES) DEP/030792 Electric Parts for PW Build Out 20.06 240 50 7045 Supplies - Building R&M 2313 City Electric Supply (CES) DEP/030787 Wire Nuts for PW Build Out 44.03 241 50 7045 Supplies - Building R&M 2313 City Electric Supply (CES) DEP/030773 Wire Mold for PW Build Out 102.70 242 50 7045 Supplies - Building R&M 2313 City Electric Supply (CES) DEP/030757 2 Pole Breakers for PW Build Out 45.95 243 50 7050 Supplies - Streetscape 1057 Menards Incorporated 64368 8 Cans of Wasp & Hornet Spray 23.76 244 50 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10128169 25 Lbs Grass Seed for Restorations 63.75 245 50 7055 Supplies - Street R&M 1067 Orange Crush 493747 1.69 Tons Asphalt - Potholes - 09/15/2015 62.19 246 50 7055 Supplies - Street R&M 1067 Orange Crush 494034 5.11 Tons Asphalt - Restorations -09/16/2015 188.05 247 50 7055 Supplies - Street R&M 1067 Orange Crush 494140 7.03 Tons Asphalt - Restorations -09/17/2015 258.70 248 50 7055 Supplies - Street R&M 1067 Orange Crush 494522 1.05 Tons Asphalt - Potholes - 09/21/2015 38.64 249 50 7055 Supplies - Street R&M 1067 Orange Crush 494811 79.10 Tons Asphalt - Resurfacing 9/23 2,910.88 250 50 7055 Supplies - Street R&M 1067 Orange Crush 494946 4.36 Tons Asphalt - Restoration - 9/24 160.45 251 50 7055 Supplies - Street R&M 1067 Orange Crush 494681 1.98 Tons Asphalt - Potholes & Trip Hazards 09/22/2015 72.86 252 50 7055 Street Sign Supplies 1732 Traffic Control & Protection Inc 84531 Red Flashers for New Stop Sign Installation 220.00 253 50 7055 Traffic Equipment & Material 1192 Sherwin Industries Inc SS062386 Yellow Paint for Civic Center Parking Deck 161.50 254 50 7120 Gasoline 5480 Ostrowski, Jason Reimb 09/17/2015 Fuel Reimbursement for City Truck in Belvidere IL 09/17/2015 40.00 255 50 7120 Gasoline 5415 Gas Depot Inc 20468 5,501 Gallons Unleaded Fuel - 9/28 9,855.80 256 50 7130 Diesel 5415 Gas Depot Inc 20470 3,000 Gallons Diesel 9/28 4,950.60 257 Total 50 - Public Works & Engineering 128,762.48 Page 12 of 23 Org City of Des Plaines Warrant Register 10/19/2015 Account Vendor Invoice Invoice Desc Am oun 258 Police Department 277 259 60 5325 Training 5775 Defensive Edge Training & Consulting Inc 1415 Armourer Training Nov 2-3, 2015 for Training Officer 395.00 260 60 5325 Training 5777 Live4Lali Inc 13 Registration -Naloxone Prog Training for Police Dept -7 Dates TBA 1,400.00 261 60 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 1,435.20 262 60 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 924.98 263 60 6015 Communication Services 1265 Northern Illinois Police Alarm Sys 10377 Language Line August 2015 87.90 264 60 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 498.44 265 60 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 249.53 266 60 6195 Miscellaneous Contractual Services 1683 Thomson Reuters 832303967 Investigations Database July, 2015 134.91 267 60 6195 Miscellaneous Contractual Services 1572 LexisNexis Risk Data Management Inc 1037713-20150831 Investigations Database August, 2015 231.85 268 60 6195 Miscellaneous Contractual Services 1077 Shred -It USA 9407465013 Shredding Service September 14, 2015 128.02 269 60 6195 Miscellaneous Contractual Services 1077 Shred -It USA 9407539625 Shredding Service September 18, 2015 128.02 270 60 6195 Miscellaneous Contractual Services 1015 Alexian Brothers Corporate Health Svcs 573446 Screening for Officer -July 2015 169.00 271 60 6345 R&M Police Range 2066 Sarge's Range Service Inc SRS -226 Hepa Vacuum Range, August 5 & 19, 2015 300.00 272 60 7200 Other Supplies 1236 Proforma 0718002391 5 Boxes of Business Cards 189.00 273 60 7320 Equipment < $5,000 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 237.48 274 60 7320 Equipment < $5,000 1389 Garvey's Office Products Inc PINV1030210 Two Shelf Printer Stand 129.99 275 Total 60 - Police Department 6,639.32 276 Emergency Management Agency 277 65 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 213.18 278 Total 65 - Emergency Management Agency 6015 213.18 279 Fire Department 280 70 5325 Training 1743 IL Fire Chiefs Association CONF-15001 2015 IFAMATraining 1 Mechanic 10/12-10/16/2015 250.00 281 70 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 172.18 282 70 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 239.32 283 70 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 838.11 284 70 6305 R&M Equipment 1748 Novak & Parker Inc 729748 Sta 63 Dryer Repairs 08/20/215 28.63 285 70 6305 R&M Equipment 1742 Fredriksen Fire Equipment Co 162878 Fire Extinguisher Maintenance/Certification Sta 62 09/14/2015 162.90 Page 13 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org 70 Account 6305 R&M Equipment Vendor 1742 Fredriksen Fire Equipment Co Invoice 162876 Invoice Desc Fire Extinguisher Maintenance/Certification Sta 61 09/14/2015 Amount 1,001 40 286 287 70 6305 R&M Equipment 1742 Fredriksen Fire Equipment Co 162877 Fire Extinguisher Maintenance/Certification Sta 63 09/14/2015 486.35 288 70 6305 R&M Equipment 2029 Dry Suits Plus Inc 6172 Repairs to Water Rescue Suits from E63 09/01/2015 186.00 289 70 6305 R&M Equipment 2440 DJS Scuba Locker Inc 46704 Service on 36" High Pressure Hose 09/05/2015 38.95 290 70 7000 Office Supplies 1066 Office Depot 795527450001 2 Boxes AA Batteries, 2 Boxes C Batteries & 1 Box AAA Batteries 34.12 291 70 7000 Office Supplies 1220 Runco Office Supply 626647-0 1 Box Sheet Protectors & 1 Package Index Tabs 22.04 292 70 7000 Office Supplies 1644 Warehouse Direct 2834818-0 Dry Erase Board, Markers, Tissue, Gel Pens, Screen Cleaner, Pins 56 15 293 70 7000 Office Supplies 1644 Warehouse Direct 2830772-0 2 Cork Boards 227.97 294 70 7000 Office Supplies 1066 Office Depot 795471482001 4 Packages White Key Tags 22.36 295 70 7025 Supplies - Custodial 1304 HP Products 12430978 Towels, Disinfectant, Sponges, Tissue, Mop Cleaner, Bowl Cleaner 597.29 296 70 7025 Supplies - Custodial 1304 HP Products 12433437 2 Cases Dishwasher Detergent 99.58 297 70 7025 Supplies - Custodial 1304 HP Products 12430972 Towels, Can Liners, Disinfectant, Dish Soap, Liquid Soap, Etc 2,368.22 298 70 7200 Other Supplies 1076 Sam's Club Direct 8177 36 Cases Bottled Water for All Trucks/Rigs 143.28 299 70 7300 Uniforms 3212 On Time Embroidery Inc 27061 500 Patches 775.00 300 70 7300 Uniforms 3212 On Time Embroidery Inc 27093 250 Patches 437.50 301 70 7320 Equipment < $5,000 1374 Municipal Emergency Svcs 00672730_SNV Seven 18" Ratchet Wrenches w/Hydrant Sockets 590.92 302 70 7320 Equipment < $5,000 5244 American Diving Supply S6658 6 Pairs Fins, 4 Masks, 6 Mares Waves, 6 Snorkels 1,056 00 303 70 7320 Equipment < $5,000 5036 Rescue Direct Inc 64357 4 Ladder Hooks & 1 Bucket Rope Bag 391.90 304 Total 70 - Fire Department 10,226.17 305 Fire & Police Commission 306 75 5345 Post -Employment Exams 2219 Jones & Bartlett Learning LLC 3270236 21 Study Guides for Promotional Exams 1,074.75 307 Total 75 - Fire & Police Commission 7000 1,074.75 308 Overhead 309 90 6030 AMB Fee Processing Services 3640 Andres Medical Billing Ltd 136219 Collection Services for September 2015 6,506.65 310 90 7000 Office Supplies 3827 Pitney Bowes Inc 5502808628 2 Toner Cartridges for Postage Machine 372.38 311 Total 90 - Overhead 6,879.03 312 Total 100 - General Fund 254,990.54 Page 14 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org Account Vendor Invoice Invoice Desc Amount 313 Fund: 201- TIF #1 Downtown Fund 314 00 6145 Custodial Services 5343 ABC Commercial Inc 2015-09-07 Custodial Services - September 2015 975.00 315 00 6150 City Maintenance 1178 Trugreen Limited Partnership 39171209 Vegetation Control - TIF #1 - 9/21 977.43 316 00 6195 Miscellaneous Contractual Services 1029 Cintas #22 022209211 Mat Rental - Train Station - 9/22 33.52 317 00 6195 Miscellaneous Contractual Services 1728 Total Parking Solutions Inc 103156 Repairs for Meter 10 on 09/04/2015 738.00 318 00 6315 R&M Buildings & Structures 4923 J Gill & Company 1818 2015 Parking Structure Payment 3 Final 08/31- 09/13/2015 R-105-15 92,305.30 319 00 6315 R&M Buildings & Structures 4923 J Gill & Company 1818-1 Additional Joint Sealing 2nd Fir of Metro Deck 08/31- 09/13/2015 6,450.00 320 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1853018001-2015 Bank/Agency Fees Bond Series 2007E 10/01/2015-09/31/2016 80.00 321 Total 00 - Non Departmental 101,559.25 322 Total 201- TIF #1 Downtown Fund 101,559.25 323 Fund: 207 - TIF #7 Mannheim/Higgins South 324 00 6005 Legal Fees 3447 Holland & Knight LLP 3240153 8-15 Non -Retainer TIF #7 Matters 2,172.00 325 Total 00 - Non Departmental 6195 2,172.00 326 Total 207 - TIF #7 Mannheim/Higgins South 2,172.00 327 Fund: 230 - Motor Fuel Tax Fund 328 00 6000 Professional Services 1120 Chicago Testing Laboratory Inc 15EG71501 2015 CIP Geotechnical Testing Contract A 08/17-08/28/2015 492.50 329 Total 00 - Non Departmental 6195 492.50 330 Total 230 - Motor Fuel Tax Fund 492.50 331 Fund: 250 - Grant Projects Fund 332 00 8100 Improvements 5048 Greco Contractors Inc 2014 -River -P9 R-179-14 Contractor -River Rd Ph 2 09/13-09/26/2015 364,775.34 333 Total 00 - Non Departmental 6195 364,775.34 334 Total 250 - Grant Projects Fund 364,775.34 335 Fund: 260 - Asset Seizure Fund 336 00 5325 Training 4178 Force Science Institute Ltd S&N 05/05/2015 Use of Force Certification Class Nov 2-6, 2015 2 Attendees 3,000.00 337 00 6195 Miscellaneous Contractual Services 5168 Golf Rose Animal Hospital 152021 Canine Exam and Vaccination September 4, 2015 250.83 Page 15 of 23 City of Des Plaines Warrant Register 10/19/2015 Line ## 338 Org 00 Account Miscellaneous Contractual Services Vendor 5168 Golf Rose Animal Hospital Invoice 152023 Invoice Desc Canine Medication September 4, 2015 Amount 57 13 6195 339 00 7320 Equipment < $5,000 1026 CDW LLC ZD53774 UPS for Police Server Room & 1st Floor for In -Car Video Project 6,438.00 340 00 8015 Equipment 4799 Martin Technology Solutions 2517 Surveillance Equipment for Undercover Vehicle 1,703 64 341 00 8015 Equipment 1045 Havey Communications 5769 (3) Sound Off Under Mirror LED Warning Lights (2 BIue,1 Red) 581.95 342 Total 00 - Non Departmental 17,193.00 12,031.55 343 N/A 2484 Seized/Pending Forfeit 1320 IL State Police 15-12385-A Forfeiture Award 3,730.00 344 N/A 2484 Seized/Pending Forfeit 1320 IL State Police 15-12385-B Forfeiture Award 5,000.00 345 N/A 2484 Seized/Pending Forfeit 1320 IL State Police 15-11195-A Forfeiture Award 7,213.00 346 N/A 2484 Seized/Pending Forfeit 1320 IL State Police 15-11195-B Forfeiture Award 1,250.00 347 Total N/A 17,193.00 348 Total 260 - Asset Seizure Fund 29,224.55 349 Fund: 280 - Emergency Telephone System Fund 350 60 6305 R&M Equipment 2933 SMS Systems Maintenance Services Inc 90014250 Computer Hardware Maintenance -911 Backup Center -September 2015 200.00 351 Total 60 - Police Department Center 200.00 352 70 6035 Dispatch Services 5067 Regional Emergency Dispatch 164-16-10 Dispatch Services October2015 43,125.99 Bank/Agency Fees Bond Series 2007B 10/01/2015-09/31/2016 270.00 357 Total 00 - Non Departmental Center 270.00 5659 V3 Companies of Illinois Ltd 815355 353 Total 70 - Fire Department 43,125.99 354 Total 280 - Emergency Telephone System Fund 43,325.99 355 Fund: 300 - Debt Service Fund 356 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1853018001-2015 Bank/Agency Fees Bond Series 2007B 10/01/2015-09/31/2016 270.00 357 Total 00 - Non Departmental 6000 270.00 358 Total 300 - Debt Service Fund 270.00 359 Fund: 400 - Capital Projects Fund 360 00 6000 Professional Services 3337 HR Green Inc 100736 Construction Engineering Services - TO #3 08/15- 09/18/2015 5,471.14 361 00 6000 Professional Services 5659 V3 Companies of Illinois Ltd 815355 Consulting -Pre -Disaster Mitigation Grant 07/26- 08/29/2015 11,329.05 Page 16 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org 00 Account 6000 Professional Services Vendor 5659 V3 Companies of Illinois Ltd Invoice 815356 Invoice Desc Engr Svcs -CRS Program Evaluation 07/26-08/29/2015 Amount 218.40 362 363 00 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 217.50 364 00 6025 Administrative Services 1172 Third Millennium Associates Inc 18596 Utility Bill Rendering 09/17/2015 252.45 365 00 7065 Supplies - Capital Maintenance 1067 Orange Crush 494681 1.98 Tons Asphalt - Potholes & Trip Hazards 09/22/2015 18.22 366 00 7065 Supplies - Capital Maintenance 1067 Orange Crush 494946 4.36 Tons Asphalt - Restoration - 9/24 40.11 367 00 7065 Supplies -Capital Maintenance 1067 Orange Crush 494811 79.10 Tons Asphalt- Resurfacing 9/23 727.72 368 00 7065 Supplies - Capital Maintenance 1067 Orange Crush 494522 1.05 Tons Asphalt - Potholes - 09/21/2015 9.66 369 00 7065 Supplies -Capital Maintenance 1067 Orange Crush 494140 7.03 Tons Asphalt - Restorations - 09/17/2015 64.68 370 00 7065 Supplies - Capital Maintenance 1067 Orange Crush 494034 5.11 Tons Asphalt - Restorations - 09/16/2015 47.01 371 00 7065 Supplies - Capital Maintenance 1067 Orange Crush 493747 1.69 Tons Asphalt - Potholes - 09/15/2015 15.55 372 00 8100 Improvements 1067 Orange Crush 2015 -C -P5 R-85-15 Contractor -2015 CIP St & Utility Improv 09/01- 09/30/2015 484,026.47 373 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1853017002-2015 Bank/Agency Fees Bond Series 2007A 10/01/2015-09/31/2016 120.00 374 00 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of Chicago 1853017002-2015 Bank/Agency Fees Bond Series 2007A 10/01/2015-09/31/2016 230.00 375 Total 00 - Non Departmental 502,787.96 376 Total 400 - Capital Projects Fund 502,787.96 377 Fund: 420 - IT Replacement Fund 378 00 6140 Leases 5109 Konica Minolta Premier Finance 63441808 Jan -Dec 2015 Konica Minolta Copier Lease R-140-14 4,533.00 379 Total 00 - Non Departmental 6000 4,533.00 380 Total 420 - IT Replacement Fund 4,533.00 381 Fund: 500 - Water/Sewer Fund 382 00 6000 Professional Services 1356 MWH Americas Inc 1693802 Task Order#7 - Central Rd Construction Oversight 8/1- 8/28/2015 39,421.41 383 00 6000 Professional Services 1356 MWH Americas Inc 1692553 Task Order#8 On -Call SCADA Support th ru 8/28/15 1,980.00 384 00 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 768.87 385 00 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 97.84 386 00 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 09/13/2015 336.32 Page 17 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org 00 Account 6115 Licensing/Titles Vendor 3669 Schloss, Philip A Invoice Reimb 8/21/15 Invoice Desc Arborist Certification 7/1/2015 - 6/30/2016 Amount 387 275.00 388 00 6115 Licensing/Titles 2332 Esparza, Leopold Reimb 9/28/19 CDL Reimbursement Expires 10/06/19 30.00 389 00 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 15-499 1 Water Meter Bench Test - 09/17/2015 37.00 390 00 6195 Miscellaneous Contractual Services 1303 HD Supply Waterworks LTD E558091 Water Meter Installation 8/10 - 8/21/2015 40,079.00 391 00 6505 Subsidy - Sewer Lateral Program 2787 Jade rborg, Harold SLP15-048 Sewer Rebate 09/18/2015 93.90 392 00 6505 Subsidy - Sewer Lateral Program 4356 Nelson, Stella SLP15-051 Sewer Rebate 09/21/2015 97.50 393 00 6505 Subsidy - Sewer Lateral Program 4359 Nelson, Janice G SLP15-050 Sewer Rebate 09/21/2015 97.50 394 00 6505 Subsidy - Sewer Lateral Program 5783 Lieske, Barbara SLP15-047 Sewer Rebate 09/18/2015 825.00 395 00 6505 Subsidy - Sewer Lateral Program 5784 Robak, Elizabeth SLP15-043 Sewer Rebate 08/26/2015 100.00 396 00 6505 Subsidy - Sewer Lateral Program 5785 Ruiz, Miguel SLP15-049 Sewer Rebate 09/21/2015 2,000.00 397 00 6510 Subsidy- Flood Assistance 5786 York, Mary FRP15-022 Flood Rebate 09/23/2015 1,275.00 398 00 6510 Subsidy - Flood Assistance 5787 Pohl, David T FRP15-023 Flood Rebate 09/23/2015 2,000.00 399 00 6510 Subsidy - Flood Assistance 5558 Luper, Dion F FRP15-024 Flood Rebate 09/23/2015 1,005.00 400 00 6510 Subsidy - Flood Assistance 5782 Dziura, Boguslaw FRP15-021 Flood Rebate 09/18/2015 2,000.00 401 00 7000 Office Supplies 1066 Office Depot 794764453001 4 Cases of Copy Paper, 1 Box File Folders, 16 Mechanical Pencils 233.99 402 00 7030 Supplies - Tools & Hardware 1057 Menards Incorporated 64291 Wood for Stakes, Tape Measure, Socket Set 37.98 403 00 7030 Supplies -Tools & Hardware 1047 Home Depot Credit Svcs 9582396 Pliers, Screwdriver, Floodlight 312.93 404 00 7030 Supplies -Tools & Hardware 1013 Ace Des Plaines Inc 152173 Hose and Nozzle 44.33 405 00 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-966734 Wire Connectors - PW #98W/9039 6.08 406 00 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-960042 2 Oil Filters & Air Filter - PW #43W/9026 25.11 407 00 7035 Supplies - Equipment R&M 1154 West Side Tractor Sales W38861 Oil & Air Filter - PW #82W/9013 97.02 408 00 7035 Supplies - Equipment R&M 1088 Atlas Bobcat LLC BB8377 2 Air Filters, 1 Oil Filter- PW #43W/9026 128.83 409 00 7035 Supplies- Equipment R&M 1539 Rex Radiator Sales & Distribution 212255/1 Radiator- PW #43W/9026 536.69 410 00 7035 Supplies - Equipment R&M 5731 Advance Auto Parts 6027525936094 Fuel Filter - PW #43W/9026 7.12 411 00 7035 Supplies - Equipment R&M 1520 Russo Power Equipment 2625945 Starter- PW #88B/8010 74.60 412 00 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 707985 10 Wiper Blades - Stock 47.90 413 00 7040 Supplies - Vehicle R&M 4280 Rush Truck Centers of Illinois Inc 99154383 Door Latch - PW #277/9032 86.22 Page 18 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# 414 Org 00 Account 7040 Supplies - Vehicle R&M Vendor 1673 Chicago Parts & Sound LLC Invoice 707001 Invoice Desc 30 Wiper Blades - Stock Amount 113.70 415 00 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-241700 Air Filter- PW #287/9008 11.14 416 00 7040 Supplies -Vehicle R&M 1053 Kimball Midwest 4446757 Sandpaper, Brass/Grease Fittings, Etc -Stock 181.21 417 00 7070 Water Meters 1303 HD Supply Waterworks LTD E547497 40 5/8" Iperl Meters 4,120.00 418 00 7070 Other 1303 HD Supply Waterworks LTD E527255 Emergency 36" Sleeves - Water Main Repair 10,750.00 419 00 7070 Other 1303 HD Supply Waterworks LTD E555430 Emergency 36" Pipes for Water Main Repair 3,515.00 420 00 7070 Other 3217 Ozinga Ready Mix Concrete Inc 616859 5.5 Cu Yds Concrete - Restorations 9/16 722.00 421 00 7070 Other 1057 Menards Incorporated 64291 Wood for Stakes, Tape Measure, Socket Set 53.94 422 00 7070 Other 1057 Menards Incorporated 63987 4 Bags Concrete Mix - Restorations 11.16 423 00 7070 Other 1057 Menards Incorporated 63994 Caulk Gun and 2 Concrete Crack Sealers 16.44 424 00 7070 Other 1072 Prairie Material Sales Inc 886340443 1.5 Cu Yds Concrete - Restorations - 9/15 225.75 425 00 7070 Other 1303 HD Supply Waterworks LTD E493970 Hydrant Extension, Clamps, Couplings and Other Misc Water Parts 2,186.62 426 00 7070 Other 1303 HD Supply Waterworks LTD E493997 100 Meter Nuts & Bolts 294.00 427 00 7070 Other 1303 HD Supply Waterworks LTD E501551 2 Rolls Meter Wire 250.00 428 00 7070 Other 1303 HD Supply Waterworks LTD E513668 60 B -Box Repair Parts 1,334.76 429 00 7075 Supplies - Sewer System Maintenance 1072 Prairie Material Sales Inc 886376827 1.5 Cu Yds. Concrete - Restorations - 9/25 225.75 430 00 7075 Supplies - Sewer System Maintenance 5214 State Industrial Products 97478867 Sanitary Sewer Treatment Chemicals 1,591.84 431 00 7120 Gasoline 5415 Gas Depot Inc 20468 5,501 Gallons Unleaded Fuel - 9/28 695.70 432 00 7120 Gasoline 5415 Gas Depot Inc 20468 5,501 Gallons Unleaded Fuel - 9/28 1,043.56 433 00 7130 Diesel 5415 Gas Depot Inc 20470 3,000 Gallons Diesel 9/28 524.18 434 00 7130 Diesel 5415 Gas Depot Inc 20470 3,000 Gallons Diesel 9/28 349.45 435 00 8100 Improvements 1067 Orange Crush 2015 -C -P5 R-85-15 Contractor -2015 CIP St & Utility Improv 09/01- 09/30/2015 22,756.68 436 Total 00 - Non Departmental 145,131.02 437 30 6015 Communication Services 1552 Verizon Wireless 9752263218 Cell Phone Service 08/14- 18.01 MICA Deductible 02/07/2015 1,000.00 443 00 5545 MICA Deductible 09/13/2015 016179 050063 438 30 6025 Administrative Services 1172 Third Millennium Associates Inc 18596 Utility Bill Rendering 1,184 60 09/17/2015 439 Total 30 - Finance 1,202.61 440 Total 500 - Water/Sewer Fund 146,333.63 441 Fund: 600 - Risk Management Fund 442 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 016178 050060 MICA Deductible 02/07/2015 1,000.00 443 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 016179 050063 MICA Deductible 02/09/2015 1,000.00 Page 19 of 23 City of Des Plaines Warrant Register 10/19/2015 Line# Org Account N/A Vendor Invoice Invoice Des 1 Amount 444 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 016251 050062 MICA Deductible 08/12/2015 I 1,000.00 445 00 5545 MICA Deductible 1061 Municipal Insurance Cooperative 016301 050061 MICA Deductible 07/24/2015 1,000.00 446 00 5555 Workers' Comp Expense 1657 Richard, Thomas 09/08-09/21/2015 Workers Compensation 09/08- 09/21/2015 989.12 447 00 6005 Legal Fees 3447 Holland & Knight LLP 3240159 8-15 Non -Retainer PSEBA Proceedings 390.50 448 Total 00 - Non Departmental 68.00 5,379.62 449 Total 600 - Risk Management Fund 5,379.62 450 Fund: 700 - Escrow Fund 451 N/A 2226 Special Events -July 4th 2016 Sign A Rama 31617 July 4th Parade Signs 638.00 452 N/A 2493 Escrow Projects 3447 Holland & Knight LLP 3240150 8-15 Reimb O'Hare Lake Redevelopment 1,350.50 453 N/A 2493 Escrow Projects 4086 Cumbee, Adam 09/17/2015 Recorded Restaurant Week Voiceover 09/17/2015 17.00 454 N/A 2493 Escrow Projects 4272 Cosgriff, Bryan 09/18/2015A Edited Restaurant Week Video 09/18/2015 17.00 455 N/A 2493 Escrow Projects 4272 Cosgriff, Bryan 09/17/2015 Edited Restaurant Week Video 09/17/2015 68.00 456 Total N/A 2,090.50 457 Total 700 - Escrow Fund 2,090.50 458 GRAND TOTAL 1,457,934.88 Page 20 of 23 City of Des Plaines Warrant Register - 10/19/2015 Manual Checks Line # Org Account Vendor Invoice Invoice Desc Amount Fund: 100 -General Fund 459 460 20 6015 Communication Services 1533 Wide Open West 09/22/15 x6044 Internet/Cable Service 09/21- 10/20/2015 90.47 461 20 6545 Subsidy - Social Service Agency 2979 Des Plaines Community Foundation 2015-R 2015 Social Service Agency Funding R-106-15 - Repl Ck 3,000.00 462 Total 20 - City Administration 10/01/2015 3,090.47 463 60 6015 Communication Services 1032 Comcast Cable 09/18/15 x6724 Internet/Cable Service Oct 2015 16.73 464 Total 60 - Police Department 2471 16.73 465 65 6015 Communication Services 1032 Comcast Cable 09/22/15 x6716 Internet/Cable Service Oct 2015 14.64 466 Total 65 - Emergency Management Agency 2471 14.64 467 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement Program 170560033998539 3 Red Light Cash Payment 10/01/2015 100.00 468 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement 170560034163735 Red Light Cash Payment 100.00 Natural Gas Service 08/13- 09/14/2015 33.66 475 Total 00 - Non Departmental Program 5 10/01/2015 08/24-09/22/2015 469 N/A 2471 Red Light Payable 4297 Des Plaines Photo Enforcement 170560033966511 Red Light Cash Payment 100.00 Program 2 10/01/2015 470 Total N/A 300.00 471 Total 100 - General Fund 3,421.84 472 Fund: 201 -TIF #1 Downtown Fund 473 00 7110 Natural Gas 1064 Nicor 09/14/15 x550488 Natural Gas Service 08/13- 09/14/2015 24.57 474 00 7110 Natural Gas 1064 Nicor 09/14/15 x603131 Natural Gas Service 08/13- 09/14/2015 33.66 475 Total 00 - Non Departmental 6025 58.23 476 Total 201 - TIF #1 Downtown Fund 58.23 477 Fund: 280 - Emergency Telephone System Fund 478 60 6015 Communication Services 1009 AT&T 847Z97367009-15 Communication Service 09/16-1 10/15/2015 389.74 479 60 6015 Communication Services 1009 AT&T 773R06175109-15 Communication Service 09/16- 10/15/2015 619.55 480 Total 60 - Police Department 6025 1,009.29 481 Total 280- Emergency Telephone System Fund 1,009.29 482 Fund: 500- Water/Sewer Fund 483 00 6015 Communication Services 1032 Comcast Cable 09/20/15 x6216 Internet/Cable Service 09/27- 10/26/2015 107.85 484 00 6025 Administrative Services 1608 Fox, Saul 08/24-09/22/2015 Water Meter Read Services 08/24-09/22/2015 2,677.77 485 00 6025 Administrative Services 1034 Suwinski, Daniel W 08/24-09/22/2015 Water Meter Read Services 08/24-09/22/2015 782.59 Page 21 of 23 City of Des Plaines Warrant Register - 10/19/2015 Manual Checks Line # Org 00 Account 6025 Administrative Services Vendor 1042 Musillami, Frank Invoice 08/24-09/22/2015 Invoice Desc Water Meter Read Services 08/24-09/22/2015 Amount 412.97 486 487 00 6025 Administrative Services 1051 Kallio, Jukka 08/24-09/22/2015 Water Meter Read Services 08/24-09/22/2015 660.96 488 00 7110 Natural Gas 1064 Nicor 09/17/15 x500005 Natural Gas Service 08/19- 09/17/2015 133.43 489 00 7110 Natural Gas 1064 Nicor 09/17/15 x500009 Natural Gas Service 08/19- 09/17/2015 24.58 490 00 7110 Natural Gas 1064 Nicor 09/15/15 x400005 Natural Gas Service 08/14- 09/15/2015 77.96 491 Total 00 - Non Departmental 4,878.11 492 Total 500 - Water/Sewer Fund 4,878.11 493 GRAND TOTAL 9,367.47 Page 22 of 23 City of Des Plaines Warrant Register 10/19/2015 Summary Automated Accounts Payable Manual Checks Payroll RHS Payout Electronic Transfer Activity: Bank of America Credit Card Chicago Water Bill ACH Postage Meter Direct Debits Utility Billing Refunds First Merit Bank Fees IMRF Payments Debt Service Employee Medical/Dental Trust Total Cash Disbursements: Amount Transfer Date 1,457,934.88 9,367.47 1,264, 208.02 ** ** 10/19/2015 10/2/2015 10/2/2015 $ $ $ 3,000.00 9/28/2015 $ $ $ 152,873.51 10/8/2015 $ $ 6,881.86 9/30/2015 $ 2,894,265.74 * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Nineteenth Day of October 2015 Ayes __ Nays Absent Gloria J. Ludwig, City Clerk Matthew J. Bogusz, Mayor Page 23 of 23 ALDEs PI.AINES COMMITTEE OF THE WHOLE 2a COMMUNITYAND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org MEMORANDUM Date: To: September 30, 2015 Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development From: Scott Mangum, AICP, Senior Planner Subject: Conditional Use Permit and Major Variation for an Assisted Living Facility, 959- 997 Lee Street, Case # 15 -064 -CU -V (2nd Ward) Issue: The petitioner is requesting a Conditional Use permit under Section 12-7.3-F-3 and a major variation to Section 12-7-3-F-4 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to construct an assisted living facility with a building height of approximately 60'-6" to the midpoint of roof, instead of not higher than 45' in the C-3 Zoning District. Analysis: Proposed Use Petitioner Owner PIN Plan of Operation Existing Use Surrounding Land Use Assisted Living Facility Edward Soske, 959 Lee Street, Des Plaines, IL 60016 959 Lee Street LLC, 959 Lee Street, Des Plaines, IL 60016 09-20-208-003-0000, 09-20-208-004-0000, 09-20-208-025-0000, 09-20-208- 026-0000 Twenty-four hour assisted living facility providing 68 units (51 assisted living, 17 memory care) with a maximum of 21 employees per shift. Printing Company, Auto Repair Service and Tire Shop North: Multi -Family Residential (Henrich House — Senior Housing) East: Institutional/Commercial (Des Plaines Park District Maintenance) South: Commercial (Auto Body Repair) Page 1 of 71 Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan West: Commercial (Office, Trade Contractor) C-3, General Commercial North: R-4, Central Core Residential East: C-3, General Commercial South: C-3, General Commercial West: C-3, General Commercial Lee Street is classified as an arterial street and Oakwood Avenue as a local street according to the City's Comprehensive Plan. The Comprehensive Plan recommends low density multi -family residential for most of the site and office for the remainder. The applicant, Edward Soske, has applied for a Conditional Use Permit and Major Variation to construct an Assisted Living Facility at 959-997 Lee Street. A similar proposal was approved in 2012 as Case #12 -042 - CU -V (Ordinance Z-27-12), but those entitlements have since expired. The site is located at the northeast corner of Lee Street and Oakwood Avenue and consists of four lots totaling 36,281 square -feet. The site currently contains eight structures and three businesses. Printing and graphics businesses are located within a 4,260 square foot building at the northern edge of the site. An automotive repair and tire shop are located within the attached structures at the southern end of the site. The property is currently accessed by three curb cuts on Lee Street, two on Oakwood Avenue, and two off the public alley to the east. A five story, 65,308 square -foot, 68 -unit Assisted Living Facility is proposed. A major variation is sought because proposed height of the building is approximately 60'-6" to the midpoint of the roof, instead of not higher than 45'. Revere Healthcare, Ltd, proposes to manage an Illinois licensed assisted living facility providing housing and assistance to seniors. The facility will be in operation twenty-four hours a day seven days a week with a peak of 21 staff members during the morning shift. The facility would contain 51 assisted living units and 17 memory care units. Additional resident services provided on site would include food service, with a first floor kitchen and dining room, administrative and health professional offices, a chapel, housekeeping, and maintenance. The masonry clad building would be oriented towards Lee Street with the main entrance, gift shop, and other active uses occupying the street frontage. An additional entrance at the rear of the building would provide access to the 28 -space parking lot with drop-off and loading areas. The proposed amount of parking would meet the Zoning Ordinance requirement of one space per 5 beds (68/5=14) plus two spaces per three employees (2/3 x 21=14). The parking lot would be accessed by one curb cut on Oakwood Avenue and two drive entrances from the adjacent alley. The attached traffic study, which was reviewed by the City's Engineering Division, found that: • The volume of traffic generated by the development is minimal (10 to 15 vehicles per hour) due to the nature of the use. • The net change in area traffic volumes is positive because the project replaces four higher traffic generating uses. • Three existing driveways along Lee Street will be removed which reduces both vehicular and pedestrian conflicts points and allows the creation of five on -street parking spaces. Page 2 of 71 • The proposed driveway on Oakwood Avenue will be narrower than the existing driveway creating more room for on -street parking east of the drive. • An on-site loading space is provided with access to the alley for truck maneuvers. • The proposed project will also reduce the volume of trucks in Downtown Des Plaines. • The development requires and provides 28 on-site parking spaces. Conditional Use Findings: As required by Section 12-3-4.E (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: An Assisted Living Facility is a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 12-7-3 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 a low density residential and office uses for this site, however, an Assisted Living Facility is a Conditional Use in the current Zoning Ordinance. 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 Assisted Living Facility would front on Lee Street, an arterial street that is a gateway into Downtown. While the proposed structure would be taller than is allowed in the C-3 District, the structure would be considerably lower in height than the adjacent nine -story multi -family residential structure to the north and would not be out of scale with other buildings in the area that surrounds Downtown. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Assisted Living Facility operation 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: Page 3 of 71 Comment: Based on the information provided and the traffic study, the proposed Assisted Living Facility is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. 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 reduce the number of existing curbs cuts. According to the traffic study provided, there are is no evidence of 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: Comment: All existing structures on the property would be demolished, however, the proposed project would not 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: A major variation is requested for a building height of greater than 45 -feet, otherwise it appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendations: At its September 29, 2015 meeting the Zoning Board of Appeals recommended (5-1) that the City Council approve the above-mentioned Conditional Use permit and Major Variation for the establishment of an Assisted Living Facility subject to the following conditions of approval: 1. Prior to issuance of the Building Permit, the existing lots shall be combined through the Subdivision process. 2. Prior to issuance of the Building Permit, the Site Plan shall be revised to add a minimum of 3 secured bicycle parking spaces for employees and visitors within 50' of the building entrance. 3. Prior to issuance ofthe Building Permit, a photometric plan shall be submitted that meets the following requirements: a minimum of 1 -foot candle of lighting in parking areas, not to exceed 2.0 -foot candles at commercial district property lines and 0.2 -foot candles at multiple family residential district property lines. I recommend approval of the Conditional Use Permit and Variation requests for the establishment of an Assisted Living Facility, based on review ofthe information presented by the applicant and the findings made above, as specified in Section 12-3-4.E (Standards for Conditional Uses) and in Section 12-3-6.H (Findings of Fact for Variations) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval. Under Section 12-3-4.D of the Zoning Ordinance (Conditional Uses) and 12-3-6.G (Major Variations) the City Council has the authority to approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit and Major Variation for the establishment of an Assisted Living Facility in the C-3 zoning district. It is requested that this item be placed on the Committee of the Whole agenda at the October 19, 2015 City Council meeting. Page 4 of 71 SM/sm Attachments: Attachment 1: Petitioner's Conditional Use and Variation Applications Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Plan of Operation Attachment 5: Traffic and Parking Study prepared by Eriksson Engineering Associates, Ltd. Attachment 6: Draft Minutes of the September 29, 2015 Zoning Board of Appeals Hearing Attachment 7: Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing a Conditional Use Permit and Major Variation to construct an Assisted Living Facility at 959-997 Lee Street. Exhibit A: ALTA/ACSM Survey for 959-997 Lee Street prepared by Accurate Survey Service, Inc., and dated June 18, 2012. Exhibit B: Site, Landscape, Floor Plans, and Building Elevations prepared by Tyson and Billy Architects, P.C., and dated June 26, 2012. Page 5 of 71 oiGNIty 04, Address of Conditional Fee Paid/Receipt Number: CONDITIONAL USE APPLICATION DO NOT WRITE IN THIS AREA – FOR OFFICE USE ONLY CASE NNUUM/BEE 5. NUMBER: B(,I ilftrd DATE FILED I . D NED Use:P+p—�Ci–= —�.$ Des Plaines, IL. AI)6 '015 Amount: Project Manager: PDF's are being: [ Submitted on a CD-ROMDate: OR 0 E-mailed to the Project Manager Legal Notice Publication Date _ Scheduled hearingAtia(k, Published in the: Journal date: t 7:30 Action b P.M. in Room 102, City Hall y Zoning Administrator/Zoning Board of A PPeals/City Council: A Conditional Use is requested m A Conditional s) Table 7,3,E accordance with the City of Des Plaines Zoning Ordinance - as amended, to allow the: Topics memory care f ty on the property described by the attached legal description. Applicant(s) Name: Edward ske Telephone: 847_-485 Mailing Address: Signature Fax: 847-824-4775 Property Owners) Name: Edward Signature Telephone: 84g4 -4485 Fax: 847-824-4775 Mailing Address: 959 Lee Street, Des Plaines, IL Attachment 1 Page 6of71 Contact Person: Edward Soske Telephone: 847-824-4494 Fax: 847-824-4775 E -Mail: ed@presstechus.com Mailing Address: 959 Lee Street, Des Plaines, IL Address of Property: 959 Lee Street Des Plaines, IL. 60016 Property Index Number: 09 - 20 - 208 - 003, 004, 025 & 026 (From tax bill or township assessor's office) Applicant's interest in the property: ❑ sole owner 0 lessee ❑ contract purchaser ® Other (explain): 50% Ownership in LLC Corporation Present Zoning Classification of Property: C-3 General Commercial Current Use of Property: Commercial Proposed Use of Property: Assisted living and memory care facility Bulk and Scale Evaluation (Please fill out completely): See Site Plan TRUST INFORMATION Name(s) of Trust Beneficiary (ies)* N/A Address (es) of Trust Beneficiary (ies)* N/A * 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 Page 7 of 71 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 be 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) Per Table 7.3.1 Commercial District Use Matrix, assisted living facilities are a conditional use in the C-3 district. B. 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 Comprehensive Plan of March 2007 indicates the majority of this site to be residential - low density multi -family, with a small area of office use on the North side. The proposed Conditional Use is in accordance with the City Zoning Ordinance, and compatible with surrounding uses. 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 facility will be designed, constructed, operated and maintained in accordance with applicable codes and state and local requirements. This project will have an all masonry exterior and fit the character of the neighborhood. D. Is the proposed conditional use is not hazardous or disturbing to existing neighboring uses? (Please explain in detail) The proposed conditional use is in no way hazardous or disturbing to neighboring uses and will result in lower traffic volume, better control of traffic accessing the site and additional parking along Lee St. Please refer to the traffic and parking study for further elaboration. Attachment 1 Page 8 of 71 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 existing roadways, utility infrastructure, and municipal services are adequate for the proposed project. The elderly residents of this facility will not have an effect on schools. 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 expenses will be created by this project and thus this facility will in no way be detramental to the economy or welfare of the community. This project will serve a pressing need for this community, and be a significant asset. 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 detrimental conditions will be created by this project. The proposed facility will result in reduced and better controlled traffic than current conditions. 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) Vehicular access to the property will be improved by this project, eliminating three driveways along Lee Street. Please refer to the traffic study for further elaboration. 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) No, the proposed use will not result in the Toss of any natural or historic features and will replace several aging buildings with an attractive new masonry clad structure. Attachment 1 Page 9of71 J. Does the proposed conditional use comply with all additional regulations in this Ordinance specific to the conditional use requested? (Please explain in detail) To the best of our knowledge and belief, the proposed conditional use complies with all regulations of the ordinance specific to this request, with the exception of the 2007 comprehensive plan, which indicates this site to be a mix of residential low density multi -family and office use. However, the proposed conditional use is appropriate and harmonious with character of the neighborhood. 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, at1d veva as, conducting site analysis. (Signature of Applicant or Authorized Agent) (Date) RC2- sin c (Signature of Owner) (Date) Attachment 1 Page 10 of 71 ZONING VARIATION.APPLIC:ATIU 110 NOT WRITE IN THIS AREAfAy�— FOR OFFICE USE ONLY C CASE NUMBER: 15 p4 -0 V DATE FILED SI)agI15 TYPE OF VARIATION: Minor ❑ Standard 0 Major 0 Sign 0 License Agreement License Agreement for: Lawn Sprinkler ❑ Mailbox ❑ Special Paving Fee Paid/Receipt Number: _0004303 u Legal Notice Publication Date: Scheduled hearing date: Amount:4l19.a b Date: e,; 1:1 ititeCE.:Ir/tr, 406. j Dept i W, published in the: Journal Topics r 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) table 7.3.2 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 959-971 Lee St. , Des Plaines, Cook County, Illinois. (Subject property address) Variation being requested: Maior variance for an increase in maximum building height in a C-3 district from 45 feet (roof deck) to 52 feet 6 inches (roof deck) and 60 feet 8 inches (parapet) Applicant(s) Name: Edward Soske Telephone: 847-824-4495 Signature Fax: 847-824-4775 Mailing Address: 959 Lee Street, Des Plaines, II 60016 Property Owner(s) Name: 959 LLC Signature Telephone: 847-824-4495 Fax: 847-824-4775 Mailing Address: 959 Lee Street, Des Plaines, II 60016 Is the Contact Person the: Applicant IN or Owner ❑ -3- Attachment 1 Page 11 of 71 Address of Property: 959-971 Lee Street Des Plaines, IL. 600 Property Tax Number: 09 - 20 • 208 . 003, 004, 025 & 026 (From tax bill or township assessor's office) Applicant's interest in the property: ❑ sole owner 0 lessee 0 contract purchaser ® other (explain): 50% Ownership in LLG Corporation Present Zoning Classification of Property: tri Current Use of Property: Commercial - several businesses Proposed Use of Property: Assisted Living and Memory Care TRUST INFORMATION Name(s) of Trust Beneficiary (ies)* N/A Address (es) of Trust Beneficiary (ies)* N/A * 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 PAGE 8. Page 12 of 71 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) In order for this project to be economic feasible, a minimum 68 units are needed. Due to the limited site area, and to comply with parking and landscaping requirements, the 5 story building height is needed. 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zoning Ordinance? (Explain in Detail) The minimal site area of this corner parcel limits the maximum building footprint, making additional building height necessary for this project to be economically feasible. 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: Attachment 1 Page 13 of 71 4. How would the denial of the variation deprive you from rights enjoyed by other persons subject to the same provisions? (Explain in Detail) Without the increased building height, the project will not be economically viable, and would not proceed. This would mean there would be no additional job creation or beneficial economic impacts for the local economy. 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, the requested height variance is the minimum for the 5 story facility, due to building codes and structural depth requirements of the floor system. 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) The proposed 5 story building will be harmonious with the vicinity. A nine story multi -family facility is adjacent to the north, & there are numerous 5 story multi -family structures on East Thacker Street, west of Lee Street. I hereby certify that ail 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. Edward Soske (Signature of Applicant or Authorized Agent) (Date) a) 959 LLC Edward Soske (Signature of Owner) (Date) (24 l c Attachment 1 Page 14 of 71 Attachment 2, Location Map - 959-997 Lee Street Prepared by Community and Economic Development Department: SM, July 10, 2012 Attachment 2 Page 15 of 71 Attachment 3 959-997 Lee Street — Lee Street/Oakwood Avenue Corner 959-997 Lee Street — Lee Street Frontage 959-997 Lee Street — Oakwood Avenue Frontage 959-997 Lee Street — Oakwood Avenue Frontage PLAN OF OPERATION — ASSISTED LIVING AND MEMORY CARE Revere Healthcare, Ltd, will manage an Illinois licensed assisted living facility providing housing and assistance to seniors. The facility will be in operation twenty-four hours a day seven days a week. Revere Management Services Include: Administration: Care Administration: Resident Services: Food Service: Housekeeping Maintenance Laundry Recruit, screen, hire, train, and supervise executive staff and all facility employees to ensure an effective delivery of quality care and services. Provide the optimum quality of care in a non -institutional setting through qualified and caring staff and effective policies and procedures that are in keeping with the applicable regulatory and legal requirements. Develop, implement and promote by trained staff an environment with respect for the dignity and uniqueness of each resident and promote their independence and potential for continued growth. Provide quality dining services and cost controls through the services of experienced "in-house" dietary staff. Ensure that each environment is clean, safe and sanitary through the provision of effective housekeeping, maintenance, and laundry services. Preliminary Project Staffing Chart: Des Plaines Staffing Shift Total AM PM Night Administration 1 1 Business Office Staff / Receptionist 2 1 1 DON/RN 0 0 RN 1 1 CNAs 16 6 6 4 Alzheimer's Coordinator 1 1 Dietary Supervisor/Chef 1 1 Dietary Staff 7 4 3 Activities Personnel 2 2 Maintenance 1 1 Housekeeping / Laundry 3 1 1 1 Marketing 0.5 0.5 Social Service 1 1 Total 36.5 20.5 11 5 Attachment 4 Page 17 of 71 Des Plaines Assisted Living Facility Traffic and Parking Stud Eriksson Engineering Associates, Ltd. 145 Commerce Drive, Suite A Grayslake, IL 60030 (847) 223-4804 Attachment 5 601 W. Randolph 5t., Suite 500 Chicago, IL 6066 (312) 463-0551 Page 18 of 71 ERIKSSON ENGINEERING ASSOCIATES, LTD. INTRODUCTION Eriksson Engineering Associates, Ltd. was retained by 959 LLC to conduct traffic and parking studies for the redevelopment of an existing site at 959-991 Lee Street in the southern part of Downtown Des Plaines, Illinois. The site is currently occupied by four businesses at the northeast corner of Lee Street and Oakwood Avenue. The proposed development plan calls for an Assisted Living and Memory Care facility to be built with 68 units by Revere Healthcare. The purpose of the study was to observe the existing traffic patterns around the site, estimate the traffic generated by the changes in the site plan, review the parking needs, and develop recommendations as needed. EXISTING CONDITIONS Site Location and Area Land -Use The subject site is located at 959-991 Lee Street in Des Plaines, Illinois on the northeast corner of Lee Street and Oakwood Avenue. It is occupied by four businesses; J&J Tire Repair, Happy Dogs Beef and Pizza; Press Tech, and Msf Graphics. There are three access drives on Lee Street, one access drive on Oakwood Avenue, and two drives on a public alley. Land -uses around the site include several multi -story multi -family buildings to the north and north east and immediately to the east, across the alley, is a Des Plaines Park District maintenance facility. Further east are auto repair facilities, condominiums and a vacant lot. To the west and southwest, along Lee Street, there a number of commercial users, such as landscaping, auto repair, and offices. Figure 1 illustrates the site and the surrounding land -uses and roads. (Note: all figures are located at the end of the report). Bicycle and Pedestrian Routes Existing on -street bike routes are located to the north (Thacker/Dempster), to the east (Cora), and future bike route to the south on Algonquin Road. No bike routes are located adjacent to the site. Public sidewalks are located on both sides of Lee Street, Oakwood Avenue, and Center Street. However, portions of Oakwood Avenue, not adjacent to the site, have perpendicular on -street parking which can overlap the sidewalk area blocking or narrowing the walks. Adjacent to the site, the public sidewalks are crossed by four driveways serving the existing buildings. Public Transit The site and the downtown area are well served by public transportation for use by employees or visitors. PACE Bus Routes 226 and 250 go directly past the site (northbound) on Lee Street while the southbound buses located one block to the west on Graceland. Downtown Des Plaines is furthered served by PACE Routes 208, 209, 230, and 234 to the north on Northwest Highway along with the Union Pacific Northwest Line Metra Station. The City of Des Plaines has a subsidized taxi program is designed to provide low-cost transportation to Des Plaines residents who are 65 years of age or older and disabled residents. Attachment 5 Page 19 of 71 ERIKSSON ENGINEERING ASSOCIATES, LTD. Roadway Characteristics A description of the area roadways providing access to the site is provided below: Lee Street (US 12/45) is a north -south principal arterial roadway extending north from Higgins Road to its intersection with Rand and River Roads. Thru Downtown Des Plaines and near the site, Lee Street splits into the northbound portion of a one-way pair with Graceland Avenue (southbound). It has two northbound travel lanes and on -street parking on both sides. Immediately north of the site, the on -street parking on the east side of the road becomes a third travel lane. It is under the jurisdiction of the Illinois Department of Transportation (IDOT) and has a speed limit of 30 miles per hour. Oakwood Avenue is an east -west two lane local road extending from 3rd Avenue to River Road. It has one travel lane in each direction with a combination of on -street parking (parallel and perpendicular) and no parking zones. Oakwood Avenue is one-way eastbound east of Center Street. Oakwood Avenue is under the jurisdiction of the City of Des Plaines and has a 25 mph speed limit. Center Street is a north -south two lane local road extending from Oakton Street to Prairie Avenue. It has one travel lane in each direction Center Street is under the jurisdiction of the City of Des Plaines and has a 25 mph speed limit. Public Alley is located behind the property and extends north from Oakwood Avenue and then goes east to Center Street. On -Street Parking On -street parking along Lee Street is limited to three hours Monday thru Friday from 9:00 AM to 6:00 PM. There are four on -street spaces in front of the site on the east side of Lee Street. These are the only on -street spaces on the east side between Graceland Avenue and Northwest Highway. On the west side, there are five spaces south of Oakwood Avenue and 18 spaces between Oakwood Avenue and Thacker/Dempster. Along Oakwood Avenue, no parking is permitted on the south side of the street except for approximately 10 perpendicular spaces in front of several businesses and the American Legion Hall. Parking is permitted on the north side of Oakwood Avenue with restrictions near driveways or intersections. Several perpendicular spaces are located in front of the park district facility. Distina Traffic Volumes Weekday morning (7:00 to 9:00 AM) and afternoon (4:00 to 6:00 PM) manual traffic counts were conducted in April, 2012 at the following intersections: • Lee Street at Oakwood Avenue • Oakwood Avenue at Public Alley • Oakwood Avenue at Center Street These counts showed the peak -hours of traffic occurring from 7:15 to 8:15 AM and 4:30 to 5:30 PM on a weekday. Lee Street carries the highest volume of one-way traffic with 560 vehicles per hour (vph) in the morning and 606 vph in the evening peak -hour. Center Street carries half as much traffic (278 to 318 vph). The existing traffic volumes are shown in Figure 2 and included in the Appendix. Des Plaines Assisted Living and Memory Care Facility 2 Attachment 5 Page 20 of 71 ERIKSSON ENGINEERING ASSOCIATES, LTD. Existing Traffic Operations In order to quantify the operations of each unsignalized intersection, the High Caoacitv Manua( was used to define the capacity and vehicular delay of each intersection during the peak hours. The level of service ranges from LOS A to LOS F, with LOS A having minimal delays and LOS E/F having high levels of delay. Table 1 shows the existing level of service results for each movement at the study intersections, which are working well during the peak -hours. Table 1 Existing Intersection Level of Service Intersection Morning Peak Hour Evening Peak Hour Lee Street At Oakwood Avenue (Stop Sign) Eb Lt/Thru/Right — LOS B Wb Lt/Thru/Right — LOS 8 Eb Lt/Thru/Right — LOS C Wb Lt/Thru/Right — LOS C Oakwood Avenue At Public Alley (Stop -not signed) Eb Lt/Thru— LOS A Sb Lt /Right — LOS A Eb Lt/Thru— LOS A Sb Lt /Right — LOS A Oakwood Avenue At Center Street (Stop Sign) Eb Lt/Thru/Right — LOS B Nb Lt/Thru/Right — LOS A Sb Lt/Thru/Right — LOS A Eb Lt/Thru/Right — LOS B Nb Lt/Thru/Right — LOS A Sb Lt/Thru/Right — LOS A Des Plaines Assisted Living and Memory Care Facility 3 Attachment 5 Page 21 of 71 ERIKSSON ENGINEERING ASSOCIATES, LTD. SITE TRAFFIC CHARACTERISTICS Site Plan The site plan calls for the demolition of four existing businesses and the construction of a single building along Lee Street. Surface parking with 25 spaces will be provided in back with access from Oakwood Avenue and the alley. The development will consist of 68 assisted living/memory care units. Trp Generation Assisted living/memory care facilities provide their residents with supervision or assistance with activities of daily living , coordination of their health care services by outside providers; and monitoring of resident activities to help to ensure their health, safety, and well-being. Assistance may include the administration or supervision of medication, or personal care services provided by a trained staff person. Very few, if any, residents own or are able to drive a vehicle. Vehicle trips to and from these facilities consist of employee trips (56%), service or vendor trips (15%), and visitors (29%) according to the American Senior Housing Association. Traffic estimates were made for the site using data provided by the Institute of Transportation Engineer's Trio Generation 8th Ed. manual which contains trip generation surveys of other similar land - uses. Trip Generation serves as the most widely accepted reference guide for establishing vehicle trip generation. The rate of vehicle trip generation was applied to the existing and proposed land uses, and the results are shown in Table 2 With the proposed development, the existing volume of traffic will decrease slightly on the area roadways. Also, there are approximately 7 to 10 truck deliveries per day to the existing businesses that will no longer occur. Table 2 Site Traffic Volumes for Existin 115E ITE Code Size Morning .'arrival (Evening Peak In Gut Total In Out Total Existing Businesses Press Tech Msf Graphics 110 6,300 sq. ft.i1i 5 1 6 1 5 6 J&J Tire 848 3,200 sq. ft.l'i 6 4 10 7 8 15 Happy Dogs Beef n Pizza 932 2,500 sq. ft.l1l - - - 17 12 29 Existing Total 11 5 16 25 25 50 Proposed Assisted and Memory Care Facility Assisted Living 254 68 units 5 5 10 7 8 15 Net Change in Site Volumes -6 - -6 -18 -17 -35 (1) Approximate square footage Des Plaines Assisted Living and Memory Care Facility 4 Attachment 5 Page 22 of 71 ERIKSSON ENGINEERING ASSOCIATES, LTD. Trio Distribution The trip distribution for the retail and restaurant uses is based on a combination of the existing traffic volumes going by the site, the distribution of residents in the area, and the road network. The trip distribution for the site is shown on Table 3 and Figure 3. Table 3 Directional Distribution Direction Percentage Inbound Outbound South on Lee Street 40% - North on Lee Street - 30% West on Oakwood Avenue 20% 30% North on Center Street 20% 10% South on Center Street 20% 30% Total 100% 100% Trip Assignment The future vehicular trips that are generated by the development were distributed to the area roadways based on the directional distribution analysis and the proposed site plan. Figure 4 displays the trip assignment for the projected site traffic volumes. Figure 5 shows the Total Traffic volumes, which are the sum of the existing traffic volumes and the site traffic volumes. Future Intersection Capacities The intersection capacity analyses were conducted with the total traffic volumes and summarized in Table 4. With the low volume of site generated traffic, there is no change in the operating conditions of the study area intersections. Table 4 Future Intersection Level of Service Intersection Morning Peak Hour Evening Peak Hour Lee Street At Oakwood Avenue (Stop Sign) Eb Lt/Thru/Right — LOS B Wb Lt/Thru/Right — LOS 8 Eb Lt/Thru/Right — LOS C Wb Lt/Thru/Right — LOS C Oakwood Avenue At Public Alley (Stop -not signed) Eb Lt/Thru— LOS A Sb Lt /Right — LOS A Eb Lt/Thru— LOS A Sb Lt /Right — LOS A Oakwood Avenue At Center Street (Stop Sign) Eb Lt/Thru/Right — LOS B Nb Lt/Thru/Right — LOS A Sb Lt/Thru/Right — LOS A Eb Lt/Thru/Right — LOS B Nb Lt/Thru/Right — LOS A Sb Lt/Thru/Right — LOS A Des Plaines Assisted Living and Memory Care Facility 5 Attachment 5 Page 23 of 71 ERIKSSON ENGINEERING ASSOCIATES, LTD. PARKING The proposed site plan provides a total of 28 parking spaces in a surface lot between the building and the public alley. Two accessible spaces and one space for loading are provided. One access drive is planned on Oakwood Avenue at the location of an existing drive but will be only 25 feet wide instead of the current 60 foot width. Two driveways are provided on the alley, a 24 foot drive and a 50 foot drive. The wider drive provides maneuvering room for the loading zone and access to some of the parking spaces. Parking at assisted living and memory care facilities is primarily generated by employees and visitors. Residents of the facility generate minimal or no parking. The City of Des Plaines Zoning Ordinance requires one parking space for every five beds plus two spaces for every three employees at assisted living facilities. For the proposed development, 28 parking spaces are required based on 68 beds (13.6 spaces) and 21 employees during the peak shift (14.0 spaces). National parking data is available from the Institute of Transportation Engineers (ITE) in their publication Parking Generation. 4th Edition for assisted living facilities (Land Use Code 254). The peak demand in the ITE data was 0.41 spaces per dwelling unit or 28 spaces. Parking studies of assisted living facilities in the area support the ITE parking numbers. Please keep in mind that the site's frontage along Lee Street has four on -street parking spaces. With the elimination of the three driveways along Lee Street, five more on -street parking spaces can be added for a total of nine. These spaces can accommodate the occasional visitor overflow from the site. SUMMARY This report summarizes the results of traffic and parking study for a proposed assisted living/memory care facility in Downtown Des Plaines, Illinois. The findings of the study area: • The volume of traffic generated by the development is minimal (10 to 15 vehicles per hour) due to the nature of the use. • The net change in area traffic volumes is positive because the project replaces four higher traffic generating uses. • Three existing driveways along Lee Street will be removed which reduces both vehicular and pedestrian conflicts points and allows the creation of five on -street parking spaces. • The proposed driveway on Oakwood Avenue will be narrower than the existing driveway creating more room for on -street parking east of the drive. • An on-site loading space is provided with access to the alley for truck maneuvers. • The proposed project will also reduce the volume of trucks in Downtown Des Plaines. • The development requires and provides 28 on-site parking spaces. Des Plaines Assisted Living and Memory Care Facility 6 Attachment 5 Page 24 of 71 Attachment 5 N � d 3°' -a it a 0 cc a m Q c a c 0 a V 0 4, H ERIKSSON Lo Z aN W W W Q 2 0 z u, W Amo Page 25 of 71 0 Zaco Winen w a a fn 1..1< N Q W _t_g J (oo) PM Peak -Hour CENTER STREET (L)L (69 �(9) 9 N c) E 2 V I 0 i 11 c e. N .X W OAKWOOD AVENUE c0 I77_ _ _ r_ _ _� �(>- W H LA Attachment 5 ��/ L 9L (CC) 6 (u)65) z 0 V! N w z W w z a z w 0 3 a) iI b 0 N W 0 01a Page 26 of 71 0 Z Id taa -J Distribution X% CENTER STREET OAKWOOD AVENUE ERIKSSON ENGINEERING ASSOCIATES, LTD. Attachment 5 Page 27 of 71 W y co W o J AM Peak -Hour (oo) PM Peak -Hour CENTER STREET OAKWOOD AVENUE N 0 47. E D V a 1- 0 toes Zoo o in Z_ in W W CO W z 2 Z o N W W a Attachment 5 Page 28 of 71 0 Z o 2 C Y Wn co03 03 a f y ((0 W s -S J (oo) PM CENTER STREET ✓ W Q (µ) GJ (890(fi) 6l OAKWOOD AVENUE L__s (9) (900 0 7i F t/! r 0 -�1 L 91. (96) r 6 (ii)69) Attachment 5 H 0 E io o _ J In w r Z L7 O Z N IJ w NIX Page 29 of 71 a ERIKSSON ENGINEERING ASSOCIATES, LTD. Attachment 5 Traffic and Parking Study Appendix • Existing Traffic Counts • 2012 Existing Capacity Analyses • 2012 Total Capacity Analyses www.eea Itd.com Page 30 of 71 Intersection Traffic Counts Des Plaines, Illinois Oakwood Avenue at Center Street Attachment 5 Y 0 y d S if W P o co cco 00000 a oco w a^0 co 00000 ro ui C F N M M •O N M M N N 0 CO M M O 'Cr M 2 » h 2 O C c g � V V M N '4 N CO .0 .0 CO N CO .o n M - O N M .O ^ CO CO CO CO P w a N r '- Oakwood Avenue Eastbound Right Left Turn Through Turn O V N O _- N .- M 'V -- M- N O - .- .- M N M.- .- ^ N ^ O. en N 0.-.-01.-0.0.-C41.1 M M aO N in 43 co OO h M M 4o N V h N V N M n Center Street Northbound Right Left Turn Through Turn .- 0 N .- N P V O c NV h DO N N V M M N N V O O .- N P V01 M^ N „M„ N M.- M M .- N- -' O V N N h 43 M P N N N N N N M N N N N V O•- O en N" N O N 00 Center Street Southbound Right Left Turn Through Turn Monday, April 16, 2012 V O M M_ .- N r n h P co •O —P N N M N M N M O V N .- - N O 2 N. N '- M " O N •O - .a 4 27.O C.- O V h. -0101N`.2 M O O co CO N CO V V V V h V h M N MOO 40 O V Total 15 358 27 4:30-5:30 PM 8 189 11 m I- Q Q Q O- M V O— M N N N N DO a0 a0 O Total 7:15-8:15 AM a o_ a a a a a a O- M I O r f`7 It -it V V h h h h Page 31 of 71 Intersection Traffic Counts Oakwood Avenue at AIIe Des Plaines, Illinois ERIKSSON ENGINEERING ASSOCIATES, LTC. Attachment 5 Page 32 of 71 Begin Time Oakwood Avenue Eastbound Public Alley Southbound Oakwood Avenue Westbound 15 60 Minute Totals Left Turn Right Left Turn Turn Right Turn Minute Totals Tuesday, April 17, 2012 7:00 AM 0 - 0 0 0 0 w 00000000 0 1 5 7:15 AM 0 0 3 4 7:30 AM 1 0 1 1 7:45 AM 0 0 0 1 8:00 AM 0 0 0 2 8:15 AM 0 0 0 8:30 AM 0 0 1 8:45 AM 0 0 1 Total 1 6 0 0 7:15-8:15 AM 1 3 0 0 4 Tuesday, April 17, 2012 4:00 PM 00000000 00000000 .-0000000 0 1 1 4:15 PM 0 0 0 4:30 PM 0 0 0 4:45 PM 0 0 0 5:00 PM 0 0 0 5:15 PM 0 0 5:30 PM 0 0 5:45 PM 0 0 Total 0 1 0 0 4:30-5:30 PM 0 0 0 0 0 Attachment 5 Page 32 of 71 O c 4413 0 a N 0 ntersection Traffic Counts Attachment 5 Page 33 of 71 g O 0- 2 0 W C^D W 00 o O C O 0 o P WO. P a O O C O O 7 1p C p 0-D h O FO M 2 'O42'O `OW' co O h '' o w via' _ FM — O 4O N N NMh�OMNNM M N M Q G N^ 7V O .ON 0-D [OakwOakwood Avenue ood Left Through Turn ' —'q N .- u) 0' OD IM -0-0c9: Lee Street Northbound Right Left Turn Through Turn Tuesday, April 17, 2012 U N N d' M M No N P O. 00 N O cs N N NT r--- O N N N N <I M N M' M N -- O-- -- N O m N M N r— O C') h M OAM h OD OS H '^ C) I' °' M Tuesday, April 17, 2012 M M N N M.- h Nf OO M O Cs M.0 M M h h M Q Q .O O' 2 N V7 ^ M 'O O V N h M— 0 __ M N M r O r r O- N O O. y ; M 'D h Oakwood Avenue Westbound Right Turn Through =vad1ddd15In o) E m � O�nOulCD ul CDO — fl 141 .— M 1 O � M I O q I.. n e t. co O c0 co 2 a Z ii H 1 M_ A 0-0-0-0-0-0-0-0- Ln O-- M I O h M V Q V V h h h h Total 4:30-5:30 PM Attachment 5 Page 33 of 71 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information Analyst SBC Intersection Oakwood and Lee Agency/Co. Eriksson Engineering Jurisdiction IDOT/Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Existing Volumes Analysis Time Period AM Peak Hour Project Description East/West Street: Oakwood Avenue North/South Street: Lee Street (US 12/45) Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 9 544 16 'eak-Hour Factor, PHF 0.87 0.87 0.87 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 10 625 18 0 0 0 ercent Heavy Vehicles 6 — — 0 -- — Median Type Undivided RT Channelized 0 0 anes 0 2 1 0 0 0 onfiguration LT T R Upstream Signal 0 0 nor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 8 4 4 8 'eak-Hour Factor, PHF 0.87 0.87 0.95 0.95 0.87 0.87 Hourly Flow Rate, HFR veh/h) 9 4 0 0 4 9 Percent Heavy Vehicles 6 6 0 0 6 6 ercent Grade (%) 0 0 Flared Approach N N Storage 0 0 "T Channelized 0 0 Lanes 0 1 0 0 1 0 onfiguration LT TR • elay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT TR LT (veh/h) 10 13 13 (m) (veh/h) 1518 497 429 /c 0.01 0.03 0.03 45% queue length 0.02 0.08 0.09 ontrol Delay (s/veh) 7.4 12.4 13.7 LOS A B B pproach Delay (s/veh) — -- 12.4 13.7 pproach LOS — — B B Copyright® 2010 University of Florida, All Rights Reserved HCS+TM Version 5.8 file:///C:/Users/scorcoran.EEA/AppData/Local/Temp/u2k8F8E.tmp Attachment 5 Generated: 4/18/2012 11:24 AM 4/18/2012 Page 34 of 71 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information Analyst SBC Intersection Oakwood and Lee Agency/Co. Eriksson Engineering Jurisdiction IDOT/Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Total Volumes Analysis Time Period AM Peak Hour Project Description EastlWest Street: Oakwood Avenue North/South Street: Lee Street (US 12/45) Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 9 544 18 'eak-Hour Factor, PHF 0.87 0.87 0.87 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 10 625 20 0 0 0 Percent Heavy Vehicles 6 -- — 0 — — edian Type Undivided RT Channelized 0 0 Lanes 0 2 1 0 0 0 onfiguration LT T R Upstream Signal 0 0 inor Street Eastbound Westbound ovement 7 8 9 10 11 12 L T R L T R olume (veh/h) 8 5 5 10 Peak -Hour Factor, PHF 0.87 0.87 0.95 0.95 0.87 0.87 may Flow Rate, HFR (veh/h) 9 5 0 0 5 11 Percent Heavy Vehicles 6 6 0 0 6 6 Percent Grade (%) 0 0 tared Approach N N Storage 0 0 RT Channelized 0 0 nes 0 1 0 0 1 0 onfiguration LT TR Delay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound ovement 1 4 7 8 9 10 11 12 Lane Configuration LT TR LT (veh/h) 10 16 14 (m) (veh/h) 1518 496 418 lc 0.01 0.03 0.03 5% queue length 0.02 0.10 0.10 ontrol Delay (s/veh) 7.4 12.5 13.9 OS A B 8 pproach Delay (sNeh) -- — 12.5 13,9 pproach LOS — — 8 B Copyright 0 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 file:///C:/Users/scorcoran.EEA/AppData/Local/Temp/u2k612E.tmp Attachment 5 Generated: 4/18/2012 11:11 AM 4/18/2012 Page 35 of 71 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information ,Site Information Analyst SBC Intersection Oakwood and Lee Agency/Co. Eriksson Engineering Jurisdiction IDOT/Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Existing Volumes Analysis Time Period PM Peak Hour Project Description East/West Street: Oakwood Avenue North/South Street: Lee Street (US 12/45) Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R plume (veh/h) 11 590 33 -eak-Hour Factor, PHF 0.90 0.90 0.90 1.00 1.00 1.00 ourly Flow Rate, HFR (veh/h) 12 655 36 0 0 0 Percent Heavy Vehicles 6 — — 0 — — edian Type Undivided RT Channelized 0 0 Lanes 0 2 1 0 0 0 onfiguration LT T R Upstream Signal 0 0 nor Street Eastbound Westbound ovement 7 8 9 10 11 12 L T R L T R olume (veh/h) 11 17 11 5 Peak -Hour Factor, PHF 0.90 0.90 0.95 0.95 0.90 0.90 ourly Flow Rate, HFR (veh/h) 12 18 0 0 12 5 Percent Heavy Vehicles 6 6 0 0 6 6 Percent Grade (%) 0 0 i tared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 onfiguration LT TR e elay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound ovement 1 4 7 8 9 10 11 12 Lane Configuration LT TR LT (veh/h) 12 17 30 (m)(veh/h) 1518 374 356 /c 0.01 0.05 0.08 5% queue length 0.02 0.14 0.27 ontrol Delay (s/veh) 7.4 15.1 16.0 OS A C C pproach Delay (s/veh) — -- 15.1 16.0 pproach LOS — -- C C Copyright ® 2010 University of arida, All Rights Reserved HCS+TM Version 5.8 file:///C:/Users/scorcoran.EEA/AppData/Local/Temp/u2kB 160.tmp Attachment 5 Generated: 4/18/2012 11:15 AM 4/18/2012 Page 36 of 71 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information Analyst SBC Intersection Oakwood and Lee Agency/Co. Eriksson Engineering Jurisdiction IDOT/Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Total Volumes Analysis Time Period PM Peak Hour • roject Description ast/West Street: Oakwood Avenue North/South Street: Lee Street (US 12/45) Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments aJor Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 11 590 36 Peak -Hour Factor, PHF 0.90 0.90 0.90 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h) 12 655 40 0 0 0 Percent Heavy Vehicles 6 — -- 0 — — Median Type Undivided -T Channelized 0 0 anes 0 2 1 0 0 0 Configuration LT T R Upstream Signal 0 0 inor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 11 19 13 7 '•eak-Hour Factor, PHF 0.90 0.90 0.95 0.95 0.90 0.90 Hourly Flow Rate, HFR veh/h) 12 21 0 0 14 7 • ercent Heavy Vehicles 6 6 0 0 6 6 • ercent Grade (%) 0 0 Flared Approach N N Storage 0 0 • T Channelized 0 0 anes 0 1 0 0 1 0 onfiguration LT TR Belay, Queue Length, and Level of Service • pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT TR LT (veh/h) 12 21 33 (m) (veh/h) 1518 382 349 lc 0.01 0.05 0.09 5% queue length 0.02 0.17 0.31 ontrol Delay (s/veh) 7.4 15.0 16.4 OS A B C • pproach Delay (s/veh) — — 15.0 16.4 pproach LOS — -- B C Copyright ® 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 file:///C :/Users/scorcoran.EEA/AppData/Local/Temp/u2kB 160.tmp Attachment 5 Generated: 4/18/2012 11:16 AM 4/18/2012 Page 37 of 71 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information nalyst SBC Intersection Oakwood and Center gency/Co. Eriksson Engineering Jurisdiction Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Existing Volumes nalysis Time Period AM Peak Hour Project Description East/West Street: Oakwood Avenue North/South Street: Center Street Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound Southbound ovement 1 2 3 4 5 8 L T R L T R olume (veh/h) 4 137 3 7 121 8 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR (veh/h) 4 152 3 7 134 8 Percent Heavy Vehicles 2 — -- 2 — — Median Type Undivided T Channelized 0 0 Lanes 0 1 0 0 1 0 onfiguration LTR LTR Upstream Signal 0 0 nor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R olume (veh/h) 7 9 7 •eak-Hour Factor, PHF 0.90 0.90 0.90 1.00 1.00 1.00 Hourly Flow Rate, HFR (veh/h) 7 10 7 0 0 0 Percent Heavy Vehicles 2 2 2 0 0 0 ' ercent Grade (%) 0 0 tared Approach N N Storage 0 0 RT Channelized 0 0 ones 0 1 0 0 0 0 onfiguration LTR Delay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound ovement 1 4 7 8 9 10 11 12 .ne Configuration LTR LTR LTR (veh/h) 4 7 24 (m) (veh/h) 1382 1367 618 lc 0.00 0.01 0.04 5% queue length 0.01 0.02 0.12 ontrol Delay (sNeh) 7.6 7.6 11.1 LOS A A 8 pproach Delay (sNeh) — — 11.1 pproach LOS — — B Copyright 0 2010 University of Florida, All Rights Reserved HCS+TM Version 5.6 file:///C:/Users/scorcoran.EEA/AppData/Local/Temp/u2k3 C30.tmp Attachment 5 Generated: 4/15/2012 10:59 AM 4/18/2012 Page 38 of 71 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information Analyst SBC Intersection Oakwood and Center Agency/Co. Eriksson Engineering Jurisdiction Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Total Volumes Analysis Time Period AM Peak Hour Project Description EastiWest Street: Oakwood Avenue North/South Street: Center Street Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments Major Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 4 137 3 7 121 9 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh/h) 4 152 3 7 134 10 Percent Heavy Vehicles 2 -- — 2 — — Median Type Undivided RT Channelized 0 0 anes 0 1 0 0 1 0 onfiguration LTR LTR Upstream Signal 0 0 inor Street Eastbound Westbound ovement 7 8 9 10 11 12 L T R L T R olume (veh/h) 8 9 8 Peak -Hour Factor, PHF 0.90 0.90 0.90 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h) 8 10 8 0 0 0 Percent Heavy Vehicles 2 2 2 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 -T Channelized 0 0 Lanes 0 1 0 0 0 0 onfiguration LTR •elay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound ovement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR (veh/h) 4 7 26 (m) (veh/h) 1380 1367 623 lc 0.00 0.01 0.04 •5% queue length 0.01 0.02 0.13 ontrol Delay (s/veh) 7.6 7.6 11.0 LOS A A 8 pproach Delay (s/veh) — — 11.0 pproach LOS — — 8 Copyright ® 2010 University of Florida, All Rights Reserved HCS+TM Version 5.8 file:///C:/Users/scorcoran.EEA/AppData/LocalTemp/u2kBB 10.tmp Attachment 5 Generated: 4/18/2012 11:23 AM 4/18/2012 Page 39 of 71 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information Analyst SBC Intersection Oakwood and Center Agency/Co. Eriksson Engineering Jurisdiction Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Existing Volumes Analysis Time Period PM Peak Hour Project Description ast/WestStreet: Oakwood Avenue North/South Street: Center Street Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and AdJustments alor Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 5 105 8 11 189 8 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR veh/h) 5 119 9 12 214 9 •ercent Heavy Vehicles 2 — -- 2 — — Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 onfiguration LTR LTR pstream Signal 0 0 inor Street Eastbound Westbound ovement 7 8 9 10 11 12 L T R L T R olume (veh/h) 5 21 20 Peak -Hour Factor, PHF 0.88 0.88 0.88 1.00 1.00 1.00 Hourly Flow Rate, HFR ,veh/h) 5 23 22 0 0 0 Percent Heavy Vehicles 2 2 2 0 0 0 i•ercent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 0 0 onfiguration LTR Delay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound ovement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR (veh/h) 5 12 50 (m) (veh/h) 1291 1398 583 lc 0.00 0.01 0.09 45% queue length 0.01 0.03 0.28 ontrol Delay (s/veh) 7.8 7.6 11.8 OS A A 8 pproach Delay (s/veh) — -- 11.8 pproach LOS — -- B Copyright 02010 University of orida, All Rights Reserved HCS+T1+ Version 5.8 file:///C:/Users/scorcoran.EEA/AppData/Local/Temp/u2k7D74.tmp Attachment 5 Generated: 4/18/2012 11:08 AM 4/18/2012 Page 40 of 71 4 Two -Way Stop Control Page 1 of 1 TWO-WAY STOP CONTROL SUMMARY eneral Information Site Information Analyst SBC Intersection Oakwood and Center Agency/Co. Eriksson Engineering Jurisdiction Des Plaines Date Performed 4/18/2012 Analysis Year 2012 Total Volumes 'Analysis Time Period PM Peak Hour Project Description East/WestStreet: Oakwood Avenue North/South Street: Center Street Intersection Orientation: North-South Study Period (hrs): 0.25 ehicle Volumes and Adjustments ajor Street Northbound Southbound ovement 1 2 3 4 5 6 L T R L T R olume (veh/h) 6 105 8 11 189 9 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR (veh/h) 6 119 9 12 214 10 Percent Heavy Vehicles 2 — -- 2 — — edian Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 onfiguration LTR LTR pstream Signal 0 0 nor Street Eastbound Westbound ovement 7 8 9 10 11 12 L T R L T R olume (veh/h) 7 21 22 Peak -Hour Factor, PHF 0.88 0.88 0.88 1.00 1.00 1.00 Hourly Flow Rate, HFR veh/h) 7 23 25 0 0 0 'ercent Heavy Vehicles 2 2 2 0 0 0 -ercent Grade (%) 0 0 tared Approach N N Storage 0 0 T Channelized 0 0 anes 0 1 0 0 0 0 onfiguration LTR 4 elay, Queue Length, and Level of Service pproach Northbound Southbound Westbound Eastbound ovement 1 4 7 8 9 10 11 12 1 ane Configuration LTR LTR LTR (veh/h) 6 12 55 (m) (veh/h) 1290 1398 587 lc 0.00 0.01 0.09 •5% queue length 0.01 0.03 0.31 Control Delay (s/veh) 7.8 7.6 11.8 LOS A A B pproach Delay (s/veh) — -- 11.8 pproach LOS — -- 8 Copyrighto 2010 University of Florida, All Rights Re erved HCS+TM Version 5.6 file:///C:/Users/scorcoran.EEA/AppData/Local/Temp/u2k9FB4.tmp Attachment 5 Generated: 4/18/2012 11:06 AM 4/18/2012 Page 41 of 71 el Orr 0 F- 1.144k 18 35 • 11 DES PLAINES ILLINOIS DES PLAINES ZONING BOARD MEETING SEPTEMBER 29, 2015 MINUTES The Des Plaines Zoning Boarci Meeting held its regularly scheduled meeting on Tuesday, September 29, 2015, at 7:30 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Catalano Saletnik, Hofherr, Schell, Green, Szabo ALSO PRESENT: George Sakas, AICP, Director/Community & Economic Development Davorka Kirincic, Associate Planner/Community & Economic Development 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 cases. APPROVAL OF MINUTES: A motion was made by Board Member Hofherr, seconded by Board Member Green, to approve the meeting minutes of September 8, 2015, as amended. AYES: Hofheir, Green, Schell, Szabo NAYES: None ABSTAIN: Catalano, Saletnik ***MOTION CARRIED 40*** Acting Chair Szabo noted that the case scheduled for Old Business will be first this evening. OLD BUSINESS 1. Address: 1225 Forest Avenue Case Number: 15-046-V Petitioner is requesting a Standard Variation to Section 12-9-7 the 1998 City of Des Plaines Zoning Ordinance, as amended, to expand the restaurant portion of a building in the C-3 Zoning District with 56 parking spaces, instead of not less than 75. PIN: 09-20-400-025-0000,09-20-400-030-0000 Petitioner: Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL 60018 Attachment 6 Page 42 of 71 Owner: Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL 60018 Acting Chair Szabo swore in Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL & Michael W. Hartel, Designhaus Inc., 1020 Elk Grove Town Center, Elk Grove Village, IL. Mr. Hartel advised that Staff recommended Petitioner receive an agreement for expansion of his parking lot. He noted and referred to Aldi's letter/parking agreement (noting an additional 25 parking spaces with 59 parking spaces on site at the restaurant). It was noted this is a one-year agreement with renewal if business prospers. Board Member Hofherr asked, per the addendum, Aldi's letter, with spaces at the West end, if the additional parking is at the South end of the building. Mr. Psihogios advised — yes. Board Member Green asked if signage noting additional parking will be placed at the Aldi's parking lot. Mr. Psihogios advised — yes. Acting Chair Szabo asked Staff to summarize the Staff Report. Issue: Analysis Address: Existing Zoning: Petitioner: The petitioner is requesting a Standard Variation to Section 12-9-7 the 1998 City of Des Plaines Zoning Ordinance, as amended, to expand the restaurant portion of a building in the C-3 Zoning District with 56 parking spaces, instead of not less than 75. 1225 Forest Avenue PIN: 09-20-400-025-0000, 09-20-400-030-0000 C-3, General Commercial Zoning District Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL 60018 Owner(s): Louis Psihogios for Boston Fish Market, 1225 Forest Avenue, Des Plaines, IL 60018 In reviewing this variation request, staff has considered the following information: Boston Fish Market has requested a parking variation to allow for a 2,400 square foot restaurant addition and an outside patio. In 2011 Boston Fish Market was granted a Conditional Use Permit to operate a Wholesale Goods Establishment with Limited Accessory Retail Sales at 1225 Forest Avenue within the M-1, Limited Manufacturing Zoning District. In addition to the wholesale and retail sales of fish products, a restaurant was operating at the location. Restaurants are not a permitted use in the M-1 Zoning District, but are permitted by right within the C-3 Zoning District. In 2013 the 1.5 -acre parcel at 1225 Forest Avenue, was reclassified from the M-1, Limited Manufacturing Zoning District to the C3, General Commercial District to allow for the legalization of a 560 square foot dining area within the facility. At the time 50 parking spaces were shown on the approved plans. The existing floor plan within the 28,683 square foot building includes warehouse and food processing areas, refrigeration and freezer areas, as well as shipping and receiving and office areas adjacent to the interior truck dock. An additional 2,400 square -foot dining area is proposed in front of the retail counter. There are 56 parking spaces shown on the proposed site plan, where 75 parking spaces are required for the proposed office, Attachment 6 Page 43 of 71 food processing, and interior restaurant operations. Per Department policy the seasonal outdoor dining areas do not require additional parking spaces. A traffic study was prepared by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) in October 2010 with an addendum to include the retail sales use completed in October 2011. The initial study concluded: that the facility was projected to generate a very limited volume of traffic, especially during the critical morning and evening peak hours; generate less traffic than other uses that could occupy the site; that the existing three access drives will be sufficient to ensure efficient and orderly access with limited impact on Forest Avenue; and that the proposed facility would have a limited impact on the operation of the Lee Street/Forest Avenue intersection. The addendum found that the low volume of additional traffic to be generated by the retail space would have limited, if any, impact on the operation of the roadway system. The Mannheim Road/Forest Avenue intersection is scheduled to be improved to provide (1) a traffic signal, (2) a separate left -turn lane, a through lane and a shared through/right-turn lane on both approaches of Mannheim Road and (3) a separate left -turn lane and a shared through/right turn lane on both approaches of Forest Avenue. A second addendum to the traffic study was prepared in August of this year to address the proposed expansion of the restaurant use. The addendum evaluated the traffic volumes, loading dock operations, and parking. The addendum noted that while the area for indoor seating would increase, the area of outdoor seating shown on the plans would decrease from existing conditions. The addendum also notes that "With a total of 56 parking spaces, it can be seen that the parking to be provided with the expansion may not meet the peak parking demand of the expanded facility. However, the owner of the facility has indicated that he will obtain an agreement with one of the neighboring property owners to use their parking lot for overflow parking. If necessary, the owner has also indicated that he may use valet parking to increase the number of vehicles that could be accommodated within the facility's parking lot." The requested variation of 19 parking spaces is 25% of the 75 required spaces. Per Section 12-3-6.F of the Zoning Ordinance, a parking variation of up to 30 percent may be approved by the Zoning Board of Appeals as a standard variation. Recommendation: Staff does not recommend approval of the above -requested parking variation at this time based on review of the information presented by the applicant and the standards and conditions imposed by Section 12-3-6.H (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. Staff believes that the Zoning Board of Appeals should not approve a variation without an executed off-site parking agreement for a minimum of 19 parking spaces. The Zoning Board may deny the application or continue the case until an agreement is brought before the board. If the applicant obtains a long-term (5 -year minimum) off-site parking agreement within 500 feet of the property that is executed and recorded with the Cook County Recorder of Deeds, staff would recommend the following conditions of approval: 1. Fencing and gate shall be removed from the entrance to the West Parking lot. A minimum of 21 spaces shall be located outside of a gated area. 2. Petitioner shall install signage to indicate the location of customer and employee parking areas. 3. Petitioner shall install signage to direct customers to the location of off-site parking. 4. All parking spaces shown on the Site Plan (Exhibit B) shall be accessible for the parking of vehicles and kept clear of debris. Attachment 6 Page 44 of 71 Zoning Board of Appeals Procedure Under Section 12-3-6.F of the Zoning Ordinance (Variations) the Zoning Board of Appeals has the authority to approve, approve subject to conditions, or deny the above-mentioned variance for a reduction in parking in the C-3 zoning district. Board Member Green asked exactly where the gate is being moved to the South. Mr. Mangum advised — the proposed location would be in line with the building. Board Member Catalano asked why the agreement isn't longer than one year. Mr. Hartel advised — Aldi staff and Petitioner agree and prefer a one-year agreement. Mr. Mangum advised — it is preferred to obtain a long- term agreement now. Mr. Hartel stated, by moving the gate back, only a swing gate would be appropriate, and that would take up parking spaces. He noted that clear signage would indicate customer parking is available. Now patrons are parking in the street. Board Member Schell asked if this agreement would be renewed annually. Mr. Mangum advised — a longer- term agreement is preferable. Board Member Hofherr asked if the gate can be removed. Mr. Psihogios advised— the fence provides security (for partner contracts; shipping requests). He noted the gate could be open during business hours and closed at night. Board Member Schell asked if it would be workable if the gate is moved forward. Mr. Hartel advised — it would affect the maneuverability; fence would get hit. Board Member Green stated: • per the site plan, the current location of the gate is prohibitive for customer parking, the gate would have to moved back to allow more customer spaces outside the gate. Mr. Mangum concurred, stating that patrons wouldn't have to walk around the gate. Mr. Hartel noted with the gate being opened full-time, there is accessibility via the sidewalk. • no patrons are parking in adjacent area. He stressed that signage is required. Petitioner concurred. Acting Chair Szabo asked if anyone is in favor of this project. No one responded. He asked if anyone objects to this proposal. The following came forward: • Douglas M. Barnes Alarm Security, 1245 Forest Avenue, Unit 12 Mr. Barnes advised, per his previous comments, his office is East of the restaurant. He noted the sign has not yet been placed. There are 11 parking spaces in front with no handicapped spaces. Mr. Barnes noted he placed $300 worth of signage to deter restaurant patrons from parking in the lot east of the restaurant. He stated he doesn't know where the parking spaces will be obtained. Acting Chair Szabo stated he believes a lease is appropriate rather than a letter (denoting a signature with no title under it). Acting Chair Szabo asked if the Board has any questions. Board Member Hofherr stated he is concerned with: • debris which blocks what could be employee parking Attachment 6 Page 45 of 71 • a one-year time frame for the parking agreement Board Member Hofherr stated he would like to recommend a postponement until Petitioner obtains a longer- term agreement. Board Member Saletnik stated that not having a long-term agreement is not prudent. He stated the gate should be relocated because patrons are not aware there is parking on the opposite side of the gate. Mr. Psihogios advised — as long as we are doing a wholesale business with Aldi staff, they are requesting an annual agreement. He referred to Mr. Barnes' comments and noted the owner of the neighboring building has not commented. Mr. Psihogios advised that patrons of this neighbor are also parking on the street. Mr. Psihogios stated a sign will be placed by the gate. He noted the area on the opposite side of the gate is a safety issue (due to policies/regulations of shipping seafood). Board Member Hofherr asked about the debris. Mr. Psihogios advised — the waste cans can be moved further back which will allow 15 parking spaces for employees. Board Member Saletnik asked, since the Aldi's parking lot is never packed, what the City's policy is to assisting in contacting Aldi staff. Mr. Mangum stated ideally parking within 500 ft. is preferable, and a private agreement is preferred. Mr. Psihogios advised that staff from Aldi Corporate Office is requesting an annual agreement. Board Member Green stated that typical parking agreements are recorded documents (3-5 years) with a site plan designating parking spaces. Mr. Hartel stated a request could be posed to Aldi staff for a longer-term agreement. Acting Chair Szabo stated the letter (from Aldi) is not sufficient; a legal document is preferred. Mr. Sakas stated the ZBA could suggest the number of years for a more appropriate agreement. Board Member Schell concurred and suggested the number of years is acceptable, but a legal document in writing is preferable. Board Member Saletnik stated a site -plan drawing is required as a part of an agreement. Board Member Hofherr suggested: • conditions stated by Staff/City of Des Plaines be presented to Aldi staff • perhaps the South part of the Aldi lot could be sold to Petitioner Mr. Psihogios stated that this business was developed 5 years ago. He noted an agreement with Aldi staff is in process to pave the vacant outlot to the West as a parking lot for Boston Fish Market; that's why there is a current annual agreement. A motion was made by Board Member Hofherr to approve with Conditions as noted by Staff and review of an actual document. Acting Chair Szabo suggested the document be obtained beforehand. Board Member Hofherr therefore withdrew his motion. A motion was made by Board Member Green, seconded by Board Member Saletnik, to postpone this matter until October 13, 2015, so the Petitioner can obtain a recorded document/lease of a five-year or less agreement with a site plan designating parking spaces. AYES: Green, Saletnik, Catalano, Hofherr, Schell, Szabo NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * Attachment 6 Page 46 of 71 NEW BUSINESS 1. Address: 959-971 Lee Street Case Number: 15 -064 -CU -V Petitioner is requesting a Conditional Use permit under Section 12-7.3-F-3 and a major variation to Section 12-7-3-F-4 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to construct an assisted living facility with a building height of approximately 60'- 6" to the midpoint of roof, instead of not higher than 45' in the C-3 Zoning District. PIN: 09 -20 -208 -003 -0000,09-20-208-004-0000,09-20-208-025-0000,09-20-208-026-0000 Petitioner: Edward Soski, 959 Lee Street, Des Plaines, IL 60016 Owner: 959 Lee Street LLC, 959 Lee Street, Des Plaines, IL 60016 Acting Chair Szabo swore in Edward Soski, 959 Lee Street, Des Plaines, IL 60016 & Ronald G. Billy, Jr., AIA, LEED AP BD+C, President, Tyson and Billy Architects, P.C., 4000 Morsay Drive, Rockford, IL 61107. Mr. Billy reminded they were here a couple of years ago and have now returned. He explained the project: • five -story building • 68 units • Assisted Living/Memory Care • rendering was displayed Board Member Green asked about the history on this project. Acting Chair Szabo stated there has been significant changes. Mr. Mangum shared that in 2012, the project was approved. With a Conditional Use Permit and a variance, the one-year time period has lapsed. The only changes that occurred following the last ZBA meeting was architectural revisions. Acting Chair Szabo asked: • if the use has changed at all. Petitioner advised — no • if patrons will all be residents. Mr. Billy advised — yes Board Member Hofherr asked why the project didn't proceed. Mr. Soski advised — due to financing; a new application for financing has been submitted. Board Member Schell asked why the building is higher now. Mr. Billy advised — same height as before, variance request due to units, economics, and parking. Acting Chair Szabo asked if in 2012, 60 ft. 6 inches was proposed. Mr. Mangum advised — it was a five -story building with the same floor plan, but with a different roof type based on the architectural revisions. Board Member Saletnik asked/stated: • if the major changes are gables and parapets. Mr. Billy advised — this is exactly what was approved in 2012. Mr. Mangum advised — the design was refined after the ZBA approved it. • he is concerned about height however with gables, it appears lower; still a huge building for the site Attachment 6 Page 47 of 71 Acting Chair Szabo asked if the Board has any further questions. Acting Chair Szabo asked Staff to summarize the Staff report. Issue: Analysis: Proposed Use Petitioner Owner PIN Plan of Operation Existing Use Surrounding Land Use Existing Zoning Surrounding Zoning Street Classification The petitioner is requesting a Conditional Use permit under Section 12- 7.3-F-3 and a major variation to Section 12-7-3-F-4 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to construct an assisted living facility with a building height of approximately 60'-6" to the midpoint of roof, instead of not higher than 45' in the C-3 Zoning District. Assisted Living Facility Edward Soski, 959 Lee Street, Des Plaines, IL 60016 959 Lee Street LLC, 959 Lee Street, Des Plaines, IL 60016 09 -20 -208 -003 -0000,09-20-208-004-0000,09-20-208-025-0000,09- 20-208-026-0000 Twenty-four hour assisted living facility providing 68 units (51 assisted living, 17 memory care) with a maximum of 21 employees per shift. Printing Company, Auto Repair Service and Tire Shop, Hot Dog Stand North: Multi -Family Residential (Henrich House — Senior Housing) East: Institutional/Commercial (Des Plaines Park District Maintenance) South: Commercial (Auto Body Repair) West: Commercial (Office, Trade Contractor) C-3, General Commercial North: R-4, Central Core Residential East: C-3, General Commercial South: C-3, General Commercial West: C-3, General Commercial Lee Street is classified as an arterial street and Oakwood Avenue as a local street according to the City's Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recommends low density multi -family residential for most of the site and office for the remainder. Attachment 6 Page 48 of 71 The applicant, Edward Soski, has applied for a Conditional Use Permit and Major Variation to construct an Assisted Living Facility at 959-997 Lee Street. A similar proposal was approved in 2012 as Case #12 -042 - CU -V (Ordinance Z-27-12), but those entitlements have since expired. The site is located at the northeast corner of Lee Street and Oakwood Avenue and consists of four lots totaling 36,281 square -feet. The site currently contains eight structures and four businesses. Printing and graphics businesses are located within a 4,260 square foot building at the northern edge of the site. An automotive repair and tire shop are located within the attached structures at the southern end of the site. The property is currently accessed by three curb cuts on Lee Street, two on Oakwood Avenue, and two off the public alley to the east. A five story, 65,308 square -foot, 68 -unit Assisted Living Facility is proposed. A major variation is sought because proposed height of the building is approximately 60'-6" to the midpoint of the roof, instead of not higher than 45'. Revere Healthcare, Ltd, proposes to manage an Illinois licensed assisted living facility providing housing and assistance to seniors. The facility will be in operation twenty-four hours a day seven days a week with a peak of 21 staff members during the morning shift. The facility would contain 51 assisted living units and 17 memory care units. Additional resident services provided on site would include food service, with a first floor kitchen and dining room, administrative and health professional offices, a chapel, housekeeping, and m aintenance. The masonry -clad building would be oriented towards Lee Street with the main entrance, gift shop, and other active uses occupying the street frontage. An additional entrance at the rear of the building would provide access to the 28 -space parking lot with drop-off and loading areas. The proposed amount of parking would meet the Zoning Ordinance requirement of one space per 5 beds (68/5=14) plus two spaces per three employees (2/3 x 21=14). The parking lot would be accessed by one curb cut on Oakwood Avenue and two drive entrances from the adjacent alley. The attached traffic study, which was reviewed by the City's Engineering Division, found that: • The volume of traffic generated by the development is minimal (10 to 15 vehicles per hour) due to the nature of the use. • The net change in area traffic volumes is positive because the project replaces four higher traffic generating uses. • Three existing driveways along Lee Street will be removed which reduces both vehicular and pedestrian conflicts points and allows the creation of five on -street parking spaces. • The proposed driveway on Oakwood Avenue will be narrower than the existing driveway creating more room for on -street parking east of the drive. • An on-site loading space is provided with access to the alley for truck maneuvers. • The proposed project will also reduce the volume of trucks in Downtown Des Plaines. • The development requires and provides 28 on-site parking spaces. Conditional Use Findings: As required by Section 12-3-4.E (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: Attachment 6 Page 49 of 71 Comment: An Assisted Living Facility is a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 12-7-3 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 a low density residential and office uses for this site, however, an Assisted Living Facility is a Conditional Use in the current Zoning Ordinance. 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 Assisted Living Facility would front on Lee Street, an arterial street that is a gateway into Downtown. While the proposed structure would be taller than is allowed in the C-3 District, the structure would be considerably lower in height that the adjacent nine -story multi -family residential structure to the north and would not be out of scale with other buildings in the area that surrounds Downtown. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the Assisted Living Facility operation 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 wellbeing of the community. 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: Based on the information provided and the traffic study, the proposed Assisted Living Facility is not anticipated to create additional traffic, noise, or odors that could be detrimental to surrounding land uses. 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: Attachment 6 Page 50 of 71 Comment: The proposed project would reduce the number of existing curbs cuts. According to the traffic study provided, there are is no evidence of potential interference with traffic patterns. L The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: All existing structures on the property would be demolished, however, the proposed project would not 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: A major variation is requested for a building height of greater than 45 -feet, otherwise it appears that the proposed conditional use complies with all additional regulations within the Zoning Ordinance. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit and Variation requests for the establishment of an Assisted Living Facility, based on review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4.E (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to conditions of approval: 1. Prior to issuance of the Building Permit, the existing lots shall be combined through the Subdivision process. 2. Prior to issuance of the Building Permit, the Site Plan shall be revised to add a minimum of 3 secured bicycle parking spaces for employees and visitors within 50' of the building entrance. 3. Prior to issuance of the Building Permit, a photometric plan shall be submitted that meets the following requirements: a minimum of 1 -foot candle of lighting in parking areas, not to exceed 2.0 - foot candles at commercial district property lines and 0.2 -foot candles at multiple family residential district property lines. Zoning Board of Appeals Procedure: Under Sections 12-3-4.D.3 of the Zoning Ordinance (Conditional Uses) and 12-3-6.G (Major Variations) the Zoning Board of Appeals has the authority to recommend that the City Council approve, approve subject to conditions, or disapprove the above-mentioned Conditional Use Permit and Major Variance for the establishment of an Assisted Living Facility in the C-3 zoning district. The City Council has the final authority on the project. Acting Chair Szabo asked how many feet away the Heinrich House is from this property. Mr. Soski advised — 50-75 yards and 12 stories. Mr. Mangum noted a letter was received by Mr. & Mrs. Mensching. Acting Chair Szabo asked if anyone in the audience is in favor of this project. No one responded. He asked if anyone objects to this proposal. The following came forward: • Mr. & Mrs. Mensching 1370 Oakwood Mr. Mensching stated the Heinrich House is 9-10 stories and about 15 ft. from the property line. He stated their current home was built in 1892. Concerns are: Attachment 6 Page 51 of 71 o 5-6 story building o parking o seems understaffed o area already has non-stop traffic (a forklift currently blocks the street) o inconceivable that an Assisted Living building will be near a railroad and the busiest street in Des Plaines o ambulances and emergency service vehicles impact the neighborhood o building is too high; will not be able to see the sky o was not aware this was approved in 2012; the posted notices are not sufficient because the sign is only in front of the property on Lee Street, a deficiency in notifying the public Board Member Hofherr asked if the Mensching's property is East of the project. Mr. Mensching advised — yes. Mr. Soski stated he meets the parking requirement. He noted that as he owns another business (a printing company), he concurs that the street is busy. As the printing company will no longer exist with this project moving forward, all the noise and traffic goes away. Acting Chair Szabo asked if the Board has any questions. A motion was made by Board Member Hofherr, seconded by Board Member Green, to recommend approval for the Conditional Use Permit and variation request for an Assisting Living facility with Conditions as noted by Staff. AYES: Hofherr, Green, Catalano, Saletnik, Szabo NAYES: Schell ***MOTION CARRIED 5-1*** Acting Chair Szabo asked what the status is on the Plan and ZBA Commissions. Mr. Mangum advised a City Council meeting will be held on October 5, 2015. He noted the Ordinance will likely name the Planning and Zoning Board effective January 1, 2016. Mr. Sakas stated a Board and Chair would be selected at that time as well. He noted membership is a Mayoral appointment. Mr. Sakas stated a vote, per meeting, must take place for an Acting Chair. A motion was made by Board Member Schell, seconded by Board Member Green, to propose permanent Chairman to be Chair Szabo and Deputy/Vice Chairman as Board Member Hofherr until January 1, 2016. AYES: Schell, Green, Catalano, Hofherr, Szabo NAYES: Saletnik ***MOTION CARRIED 5-1*** ADJOURNMENT A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to adjourn the meeting at 8:48 p.m. Attachment 6 Page 52 of 71 AYES: Hofherr, Catalano, Green, Saletnik, Schell, Szabo NAYES: None * * *MOTION CARRIED UNANIMOUSLY* * * Sincerely, Gale Cerabona Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 6 Page 53 of 71 September 29, 2015 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, 959-997 Lee Street, Case # 15 -064 -CU -V RE: Request to authorize a Conditional Use Permit and Major Variation for construction of an Assisted Living Facility Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on September 29, 2015 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Mr. Edward Soske, petitioner, and Mr. Ronald Billy, Jr., architect for the petitioner presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the Conditional Use Permit and Major Variation, subject to conditions of approval. 3. Two members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (5-1) that the City Council approve the Conditional Use Permit and Major Variation for the construction of an Assisted Living Facility, subject to conditions of approval. Respectfully submitted, James Szabo, Des Plaines Zoning Board of Appeals, Chairman cc: City Officials Aldermen File Attachment 7 Page 54 of 71 CITY OF DES PLAINES ORDINANCE Z - 32 - 15 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR AN ASSISTED LIVING FACILITY IN THE C-3 ZONING DISTRICT AT 959- 997 LEE STREET, DES PLAINES, ILLINOIS. (Case #15 -064 -CU -V). WHEREAS, 959 Lee Street, LLC ("Petitioner"), is the owner of the property commonly known as 959-997 Lee Street, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the C-3 General Commercial Zoning District of the City ("C-3 District"); and WHEREAS, the Property is improved with eight buildings ("Existing Buildings") that are currently used as a printing business, automotive business, and automobile repair shop; and WHEREAS, the Petitioner desires to demolish the Existing Buildings and construct a new building 60 -feet, six -inches in height on the Subject Property ("New Building") for use as an assisted living facility for senior citizens; and WHEREAS, pursuant to Section 12-7-3.F.3 of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), assisted living facilities are permitted in the C-3 District only with a conditional use permit; and WHEREAS, pursuant to Sections 12-7-3.F.4 and 12-7-3.L of the Zoning Ordinance, buildings located within the C-3 District may not exceed 45 feet in height; and WHEREAS, the Petitioner submitted applications to the City of Des Plaines Department of Community and Economic Development ("Department") for: (i) a conditional use permit to allow the operation of an assisted living facility within the New Building on the Subject Property ("Conditional Use Permit") in accordance with Section 12-7-3.F.3 ofthe Zoning Ordinance; and (ii) a major variation from Section 12-7-3.F.4 and Section 12-7-3.L of the Zoning Ordinance to allow the height ofthe New Building to be 60 feet, six inches ("Major Variation"); and WHEREAS, the Petitioner's applications were referred by the Department to the Zoning Board of Appeals of the City of Des Plaines ("Board") within 15 days after the receipt thereof; and WHEREAS, within 90 days after the date of the Petitioner's applications a public hearing was held by the Board on September 29, 2015 pursuant to notice published in the Journal on September 11, 2015; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 1 Page 55 of 71 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 September 29, 2015, summarizing the testimony and evidence received by the Board and stating the Board's recommendation, by a vote of 5-1, to approve the Petitioner's applications, subject to conditions; and WHEREAS, the Petitioner made certain representations to the Board with respect to the proposed Conditional Use Permit and Major Variation, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting this request for the Conditional Use Permit and Major Variation, 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 and major variations set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated September 30, 2015, 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 applications 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 depicted on the "ALTA/ACSM Land Title Survey" prepared by Accurate Survey Service, Inc., consisting of one sheet, dated June 18, 2012, attached to, and by this reference made a part of, this Ordinance as Exhibit A, and is legally described as follows: [INSERT LEGAL DESCRIPTION] PINs: 09-20-208-003-0000, 09-20-208-004-0000, 09-20-208-025-0000, and 09-20-208- 026-0000. Commonly known as 959-997 Lee Street, Des Plaines, Illinois 2 Page 56 of 71 SECTION 3. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 5 ofthis Ordinance, the City Council hereby grants the Petitioner the Conditional Use Permit to allow the operation of an assisted living facility within the New Building on the Subject Property. The Conditional Use Permit granted by this Ord nance s consistent with and equivalent to a "special use" as referenced in Section 11-13-25 ofthe Illinois Municipal Code, 65 ILCS 5/11-13-25. SECTION 4. MAJOR VARIATION. The City Council finds that the Major Variation satisfies the standards set forth in Section 12-3-6.H 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 5 of this Ordinance, the City Council hereby grants the Major Variation for the Subject Property to the Petitioner. 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 the terms and conditions of this Ordinance. The Zoning Administrator may extend the Major Variation if the Petitioner requests an extension in accordance with Section 12-3-6.L ofthe Zoning Ordinance. SECTION 5. CONDITIONS. The Conditional Use Permit granted in Section 3 and the Major Variation granted in Section 4 ofthis 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, as amended pursuant to Sections 5.B.2 and 5.B.3 of this Ordinance, except for minor changes and site work approved by the Director of the Department in accordance with all applicable City codes, 3 Page 57 of 71 ordinances, and standards, including, without limitation, Sections 12-3-4.H, "Limitations on Conditional Uses," and 12-3-4.I, "Effect of Approval," of the Zoning Ordinance: the set of plans titled "Assisted Living & Memory Care Facility," consisting of seven sheets, prepared by Tyson and Billy Architects, P.C., and consisting of the following individual plans, copies of which are attached to and, by this reference, made a part ofthis Ordinance as Group Exhibit B (collectively, the "Plans"): 1. The site plan, consisting of one sheet, and dated September 5, 2012; 2. The first floor plan, consisting of one sheet, and dated June 18, 2012; 3. The second floor plan, consisting of one sheet, and dated June 26, 2012; 4. The third floor plan, consisting of one sheet, and dated June 26, 2012; 5. The fourth and fifth floor plans, consisting of one sheet, and dated June 26, 2012; and 6. The exterior elevations, consisting of two sheets, and dated September 12, 2012. C. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. The City shall not issue a building permit for construction of the New Building unless and until the lots within the Subject Property are consolidated pursuant to, and in accordance with, Title 13 of the City Code of the City of Des Plaines. 2. The City shall not issue a building permit for the construction of the New Building unless and until the Plans are amended to depict at least three secured bicycle parking spaces for use by employees and visitors located within 50 feet of either the east or west entrance to the New Building. Upon approval of the amended Plans by the Director of the Department, in his sole discretion, the amended Plans will be incorporated into, and made a part of, this Ordinance without further action by the City Council. 3. The City shall not issue a building permit for the construction of the New Building unless and until the Petitioner submits, and the Director of the Department approves, in his sole discretion, a photometric plan that depicts: (a) at least one foot-candle of light in the parking areas located adjacent to, and to the west and south of, the New Building; and (b) not more than two 4 Page 58 of 71 foot-candles of light at the east, south, and northwest property lines of the Subject Property and not more than 0.2 foot-candles of light at the northeast property line of the Subject Property ("Photometric Plan"). Upon approval of the Photometric Plan by the Director of the Department, in his sole discretion, the Photometric Plan will be incorporated into, and made a part of, the Plans and this Ordinance, without further action by the City Council. SECTION 6. 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 Ord nance s 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 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 5 of this Ordinance, the Conditional Use Permit granted in Section 3 of this Ordinance and the Major Variation granted in Section 4 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 12-4-7 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 General Commercial District. Further, in the event of such revocation of the Conditional Use Permit and Major Variation, 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 5 Page 59 of 71 circumstances. The Petitioner acknowledges that public notices and hearings have been held with respect to the 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 12-4-7 of the Zoning Ord i is provided to the Petitioner. SECTION 7. 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; nance 3. the filing with the City Clerk by the Petitioner 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 7.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 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. 6 Page 60 of 71 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: #37434324v2 7 (Signature) Page 61 of 71 ALTA/ACSV LA\ T TL PARCEL 1: LOTS 12, 13, 14 AND 15 IN BLOCK 3 IN J. C. ROBINSON'S ADDITION TO DES PLAINES IN SECTION 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. S PARCEL 2: THAT PART OF THE NORTHEAST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST AND ADJACENT TO THE WEST LINE OF SAID LOTS 12-15, IN BLOCK 3, IN J.C. ROBINSON'S ADDITION TO DES PLAINES, AND BOUNDED ON THE EAST BY THE EAST RIGHT OF WAY LINE OF LEE STREET AS MONUMNETED AND OCCUPIED: MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 12 IN SAID J.C. ROBINSON'S ADDITION TO DES PLAINES; THENCE NORTH 59 DEGREES 45 MINUTES 42 SECONDS WEST ALONG THE EXTENSION OF THE NORTH LINE OF SAID LOT 12 TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF LESS STREET AS MONUMENTED AND OCCUPIED; THENCE SOUTH 30 DEGREES 32 MINUTES 05 SECONDS WEST ALONG SAID EAST LINE OF LEE STREET, A DISTANCE OF 263.46 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 10.00 FEET, AN ARC LENGHT OF 21.62 FEET TO A POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF OAKWOOD AVENUE (ALSO BEING THE SOUTH LINE OF SAID LOT 15); THENCE ALONG A CURVE CONCAVE TO THE EAST, SAID ALSO BEING THE SOUTHWESTERLY LINE OF SAID LOT 15, HAVING A RADIUS OF 10.00 FEET, AND AN ARC LENGTH OF 21.57 FEET TO A POINT OF TANGENCY ON THE WEST LINE OF SAID LOT 15; THENCE NORTH 3D DEGREE 13 MINUTES 01 SECONDS EAST, ALONG THE WEST LINES OF SAID LOTS 15-12, IN BLOCK 3, A DISTANCE OF 260.74- FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. NOTES: 1.) COMMONLY KNOWN AS: 959 — 997 LEE ST., DES PLAINES, IL 2.) SURVEY BASED ON TITLE COMMITMENT BY CHICAGO 11TLE INSURANCE CO. ORDER NO. 1410 0085320D5 KA, EFFECTIVE DATE MARCH 15, 2012 3.) PIN # OF PROPERTY: PARCEL # 09-26-20B-003-000 N. 1/2 LOT 12 09-20-208-004-000 S. 1/2 LOT 12 09-20-208-025-000 LOT 13 09-20-208-026-000 LOTS 14 & 15 RV 11.) BASED UPON RENEW OF THE FEDERAL EMERGENCY MANAGEMENT EMERGENCY FLOOD INSURANCE RATE MAP. FOR THE CITY OF DES PLAINES NUMBER 17031CO217J WITH A MAP EFFECTIVE DATE DF AUGUST 19, 2008, THE PROPERTY I5 LOCATED WITHIN ZONE "X", "AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. 4.) AREA OF PARCEL 1= 35,291 SQ. FT. = 0.B1D ACRES AREA OF PARCEL 2 = 990 SQ. FT. = 0.023 ACRES TOTAL AREA OF PROPERTY = 36,2B1 50. FT. = 0.833 ACRES 5.) TOTAL AREA OF BUILDINGS & SILO FOOTPRINT ON LOTS 12-15 = 13,022 SQ. FT. 6.) N OF HANDICAP PARKING SPACE= NO PARKING STRIPES USABLE 7.) # OF STANDARD PARKING SPACES= NO PARKING STRIPES USABLE BJ PROPERTY IS CURRENTLY ZONED "C-3 ( GENERAL COMMERCIAL DISTRICT) 9.) UTILITIES SERVING THE PROPERTY ENTER THROUGH DEDICATED PUBLIC ROADS, AND ALLEY. 10.) THERE ARE 5 VISABLE ENCROACHMENTS PER THIS ALTA SURVEY. 11.) CONTACT JULIE BEFORE DIGGING, 811 OR (BOD) B92-0123 / / -Y G F� 586'38'32"W _ �� 187.97' (588.15)' -i,/ / O cs� /G� Zoe' oG ry hGH 1' / ^� / Q D 3i �q� ��o�//&'''' ROVER AODIT�ON TO DES PLAINES / o / o (NOT INCLUDED) O Oa / GAP BETWEEN ROW \ & LOT CORNER IS 2.75' / a� / .O.B. PARCEL 2 \ i� N.W. CORNER LOT 12 \ / ''?'v / LOT 11 (NOT 1NCLU DEO) / / \ \ 0'& / 0 95T 7 6%`q7-4%. / / / Exhibit A / / ENCROACHMENT NO CITY SIS)EWA K ENCRO ENCROACHMENT NOTE 4 OF 5: CITY SIDEWALKCHES 0.98' 4 .................... .................... .................... T { N8638'2fi"E . N86'34'30''E OU 20 GRAPHIC SCALE 10 20 BO (INFEET ) 1 inch = 20 R. LEGEND UTILITY POLE G 2" HIGH PRESSURE GAS MAIN (PER NI GAS LOCATION MAP) ON OVERHEAD UTILITIES D'J WATER VALVE VAULT TRAFFIC SIGN O� WATER SHUT OFF STREET LAMP FIRE HYDRANT W WATERMAIN STORM SEWER COMBINED SEWER SANITARY SEWER OS SANITARY SEWER MANHOLE © COMBINED SEWER MANHOLE OD STORM SEWER MANHOLE ❑ STORM SEWER CATCH BASIN 0 STORM SEWER INLET W ABANDONED WATERMAIN WATER SERVICE .ta GROUND WATER MONITOR WELL BITUMINOUS PAVEMENT CONCRETE PAVEMENT TO: 1.) 959 LEE STREET. LLC, AN ILLINOIS UMITED LIABILITY CO. 2.) CHICAGO TITLE INSURANCE COMPANY 3.) PRESSTECH, INC. GRAVEL THIS IS TO CERTIFY THAT THIS PLAT AND THE SURVEY ON WHICH IT I5 BASED WERE MADE IN ACCORDANCE NTH THE 2011 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/AGSM LAND 11TLE SURVEYS, JOINTLY ESTABUSHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6, 7(a), 7(b)1, 7(c), 8 ,9, 11(0), and 13 OF TABLE A THEREOF. THE HELD WORK WAS COMPLETED ON MAY 25, 2012. DATE OF PLAT JUNE 1B, 2012. WILUAM C. DOLAND 11, P.LS. 1035—D02732 CURVE TABLE CURVE LENGTH RADIUS C1 21.57' 10.00' C2 23.56' 15.00' C3 37.35' 31.00' C4 21.62' 10.00' PROJECT NO.: 12-144 ACCURATE SURVEY SERVICE, INC. 28662 W. NORTHWEST HWY. BARRINGTON, IL 60010 Millie bG7)o1 / 1735 PRELIMINARY SITE DATA TOTAL SITE AREA ADDRESS PARCEL NUNt8ER5 CURRENT ZONIN& ASSISTED LIVING UNITS MEMORY CARE UNITS HANDICAP SPACES TOTAL PARKIN& SPACES 56,281 5O. FT. 959 - 971 LEE STREET 09 -2O -20B425 1 026 0:1-20-208-005 4 004 C-5 51 UNITS 17 UNITS 2 STALLS 28 STALLS / / / / / / / / / / / / / / / // GAP BETWEEN PROPERTY CORNER & LOT CORNER IS 2.75' LOT 11 (NOT INCLUDED) LOT 57 RIVER ADDITION TO DES PLAINES (NOT INCLUDED) AircL.IF Y , / EI. B 5 I/ OR B DG • / 11. ;ri----,•;;%:=-7.;=SilE5EMBREIMMISIMIZIEBINIMEINZEI 7 1 _L_ T PRELIMrNARY 51T1 SCALD: I" • 40' Exhibit B —s. ITEM SITE AREA CLD& AREA (1ST rLJ CLD& AREA (TOT/4..) PAR. LOT AREA/ UNIT 13L05 441 -.94:00P DECK) CLD& 4 -fl W 0r PF -AC.) FRONT YARD SIDE YARD REAR YARD PARKINS (A5515T. LIV) PARKINS (STAFF) BULK REGULATIONS TABU ORDINANG2 BeG. N/A WA WA N/A WA TABLe 15.2 WA TABLE 752 TABLE 797 TABLE 7.52 4.7 4.7 PROPOSED 96251 50. FT. 12741 O. rT. 64,015 90. Pr. 1.76 555 SG. FT. 52'-6' MIN. I0-0' MIN. 10-0' MIN- 4S-6' 14 14 N/A WA N/A WA WA 45 PT. MAX. WA MIN. 5 FT. MIN. 5 FT. MIN- 5 Pr. 14 14 CONPORNANGE WA N/A WA N/A WA NO WA YES YES YES YI 9 YES NORTH VICINITY MAP NO SCALE Raw. Doko 0 s 13 c 0 c 0 a 31 Shook Shook No. PSP -I or I.heea Page 63 of 71 ■ r TRACT 2 - r }000000000 0000000 0000000 11 111 Pal - r I I I I L J L J STAIR UP EMPLOYEE LOUNGE EXERCISE r r 1.I -1 r DOCTOR EXAM NURSE/ WAITING CORRIDOR DRY/ FOLDING OFFICE STORAGE OFFICE OFFICE 7 d OPEN COUNTER GIFT SHOP NEE 0 BIKE RAC' O 0 TACT2 r / N r r— - r ///////1inrri1777l777nrrin7i1777l777/777i777i14/ T MULTI-PURPOSE -1- ROOM 1 - ROOM H at - - r - r 1- A 0 CORRIDOR SOILED LINENS CORRIDOR 000000000000000000000 > 0000000000 000 0 0000000 )(,0_0(,0_0„ 0_0_ O 0 0 0 000Q0GC0000QOQGQ)Q0Q000Q000000C O 0O0O0C0o0000000 10000000000 0o0C „ 0_0_ 0_0 0 0 0 0 0 0 0 O C O 0 O PRIVATE DINING KITCHEN 10 6" _711 TRAC - u STAIR U_v_V_v_V O 0 0 0 10'1-2" PRELIMINARY FIRST FLOOR FLAN SCALE 1/8" = 1'-0" NORTH 0 Q 0 C 3 3 3 w 0 0 1 w 1 Z ,V /toict 0 LL q5q - ern LEE STREET. DE5 PLAINES N d 2 Protect Numbe FIRST FLOOR Rev. Date Sheet No: A101 of / sheets Exhibit B Page 64 of 71 NURS STATION DINING / ACTIVITY ROOM DES PLANES STAFFING Shift Total AM PM Night Administration 1 1 Business Office Staff / Receptionist 2 1 1 DON/RN 0 0 RN 1 1 CNAs 16 6 6 4 Alzheimer's coordinator 1 1 Dietary Supervisor/Chef 1 1 Dietary Staff 1 4 3 Activities Personnel 2 2 Maintenance 1 1 Housekeeping/Laundry 3 1 1 1 Marketing 0.5 0.5 Social Service 1 1 Total 36.5 20.5 11 5 17 - MEMORY CARE UNITS - SECOND FLOOR PRELIMINARY SECOND FLOOR PLAN SCALE 1/8" = 11-0" NORTH rer E 0 T 9 0 C C 0 11 3 3 3 s z 9501 - 0191 LEE STREET, DES PLA INES, IL u1 0 A 0 a Rev. Date Sheet No: A102 of b sheets Exhibit B Page 65 of 71 11 - ASSISTED LIVING UNITS - THIRD FLOOR PRELIMINARY THIRD FLOOR PLAN SCALE 1/5" = 1'-0" NORTH rer fir v 4-1 v N r- 4-1 m =n rl S el LthIT ei i O i ri N O U In tOc tB c O H E 0 T 9 0 C C 6) 11 3 3 3 s z ASSISTED LIVING 4 MEMORY CARE 959 - 991 LEE STREET, DES PLAINES, IL a N 1/46 A 0 0 ¶ 11z a Rev. Date Sheet No: A103 of b sheets Exhibit B Page 66 of 71 UNIT -AL -5 UNIT -AL -2 STAIR STAIR CORRIDOR CORRIDOR UNIT -AL UNIT -AL LOEBY COMMON AREA/ TV AT 51-1-1 FLOOR COMPUTER UNIT -AL -2 UNIT -AL -2 UNIT -AL -2 11 - ASSISTED LIVING UNITS - EACH FLOOR PRELIMINARY 1 FOURTH 4 FIFTH FLOOR PLANS A104 SCALE 1/8" = 1'-0" NORTH rer V 0- 4-1v N r- 4-1 = n rl S ei LthIT ei i O i „In` U I tOc tB c O H E 0 T 9 0 C C 6) 11 3 3 3 s z 959 - 971 LEE STREET, DE5 PLANES, IL A 0 0 trtr a 4th 45th FLOOR PLANS Rev. 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Petitioner shall, and does 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 acknowledges and agrees 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 against damage or injury of any kind and at any time. 3. Petitioner acknowledges that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, 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 procedures required by Section 12-4-7 of the City's Zoning Ordinance are followed. 10 Page 70 of 71 4. Petitioner agrees to and does 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 of its obligations under this Unconditional Agreement and Consent. 5. Petitioner shall, and does 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: 959 LEE STREET, LLC By: By: SUBSCRIBED and SWORN to before me this day of , 2015. Notary Public 11 Page 71 of 71 ftDEsPLAWES COMMITTEE OF THE WHOLE 3a FIRE DEPARTMENT 405 S. River Road Des Plaines, IL 60016 P: 847.391.5333 desplai nes.org MEMO RAN DUM Date: October 1, 2015 To: Michael Bartholomew, City Manager From: Alan Wax, Fire Chief ? GJ William Kushner, Chief of Police Dorothy Wisniewski, Assistant City Manager/Finance Director Subject: Proposed Amendment to the City Code to Reduce Central Station and Local Burglar and Fire Alarm Registration Fees from $25 to $15 Issue: The provisions of Chapter 7, titled Alarm Systems, of Title 5 of the City Code, titled "Public Health and Safety," was amended by the City Council in May, 2015. Amendments included eliminating obsolete or conflicting language, clarifying types of alarm subscribers that are exempt from fee payments, standardizing which types of occupancies are required to connect alarms directly to the dispatch center, standardizing false alarm fees between burglar and fire alarm systems, and increasing alarm registration fees for central station and local alarm systems. In August, the City sent notification to all alarm subscribers of the changes that were approved. Shortly thereafter, Public Safety Committee Chairman Sayad asked that the topic of the alarm registration fee increase for central station and local alarms from $10 to $25 be revisited by the Council. After discussion on the topic during the Public Safety Committee portion of the Committee of the Whole meeting during the September 21 City Council meeting, Staff was directed to prepare an ordinance reducing the fee for central station and local alarm registrations from $25 to $15. Analysis: As instructed, Staff has prepared the attached draft ordinance, which amends the registration fee for central station and local alarm systems from $25 to $15. Reconunendation: We recommend that the City Council consider the attached ordinance, which amends the registration fee for central station and local alarm systems from $25 to $15. Please place this on the agenda of the Public Safety Committee during the Committee of the Whole portion of the October 19, 2015 City Council meeting. Attachment: Ordinance Page 1 of 3 CITY OF DES PLAINES ORDINANCE M - 20 - 15 AN ORDINANCE AMENDING SECTION 5-7-10 OF THE DES PLAINES CITY CODE REDUCING ALARM REGISTRATION FEES. WHEREAS, the City is ahome rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Section 5-7-10 of the Des Plaines City Code ("City Code") sets forth a fee schedule for the registration of alarm systems within the City ("Alarm Registration Fee Schedule"); and WHEREAS, the City desires to update the Alarm Registration Fee Schedule to reduce the fees for registering central station alarm systems and local alarm systems from $25 to $15; and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to amend the Alarm Registration Fee Schedule 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 the findings of the City Council. SECTION 2: SCHEDULE OF FEES. Section 10, titled "Schedule of Fees," of Chapter 7, titled "Alarm Systems," of Title 5, titled "Public Health and Safety," of the City Code is hereby amended to read as follows: "5-7-10: SCHEDULE OF FEES: Section Fee Description Fee 5-7-2-D & E Receiving Station Alarms — Registration Fee $125.00 5-7-3-B Central Station Alarms — Registration Fee $25.0015.00 5-7-4-A Local Alarm — Registration Fee $25.0015.00 5-7-7-A False Alarm Penalties (Both Police Department and Fire Department False Alarms) Number of Occurrences Per Calendar Year Penalty per Occurrence 0-2 $0.00 3-4 $100.00 5-6 $250.00 7-8 $500.00 9+ $750.00 1 Page 2 of 3 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. 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 Amending Alarm Registration Fees Title 5 Chapter 7 Section 10 #37448316_v2 2 Page 3 of 3 4DES PLAINES UNFINISHED BUSINESS la COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org MEMORANDUM Date: To: From: Subject: October 6, 2015 Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development Scott Mangum, AICP, Senior Planner Map Amendment, Preliminary Planned Unit Development and Tentative Plat of Subdivision at: 800 E. Northwest Highway, Case #15 -024 -MAP -SUB -PUD (7t' Ward) Issue: An Amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the properties from the M-2 General Manufacturing District to the R-4 Central Core Residential District; and A Preliminary Planned Unit Development (PUD) is requested under Section 12-3-5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 24 townhome buildings with 127 units and a 270 -unit Apartment Building on approximately 20.8 acres as the Buckingham Place PUD with a requested PUD exception from the R-4, Central Core Residential Zoning District standards for lot sizes as small as 4,875 square feet, instead of not less than 10,000 square feet. Analysis: At the October 5th City Council meeting Ordinance Z-25-15 was approved on first reading by a vote of 5-4 with direction to amend two conditions of approval and remove five conditions of approval as described in the petitioner's letter and discussed at the City Council meeting. All changes have been made and are reflected in Ordinance Z-25-15, as amended. Recommendation: I recommend that the City Council consider second reading of Ordinance Z-25-15, as amended. Exhibits: Ordinance Z-25-15, as amended, authorizing a Map Amendment from the M-2, General Manufacturing District to the R-4 Central Core Residential District and a Preliminary Planned Unit Development to allow for the construction of 24 townhome buildings with 127 units and a 270 -unit Apartment Building on approximately 20.8 acres as the Buckingham Place PUD with a requested PUD exception from the R-4, Central Core Residential Zoning District standards for lot sizes as small as 4,875 square feet, instead of not less than 10,000 square feet. Exhibit A: Development Concept Plan, prepared by BSB Design, and dated July 10, 2015. Page 1 of 14 CITY OF DES PLAINES ORDINANCE Z - 25 - 15 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT AND A PRELIMINARY PLAT OF PLANNED UNIT DEVELOPMENT FOR 800 E. NORTHWEST HIGHWAY, DES PLAINES, ILLINOIS. (Case #15 -024 -MAP - SUB -PUD). WHEREAS, Buckingham Properties, Inc., d/b/a Dearborn Buckingham ("Petitioner"), is the contract purchaser of the property consisting of approximately 20.8 acres, located in the M-2 General Manufacturing District ("M-2 District"), commonly known as 800 E. Northwest Highway, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is currently unimproved and used in part for the storage of materials; and WHEREAS, the Petitioner desires to construct on the subject property: (i) 24 townhouse buildings consisting of 127 residential units ("Townhouses"); (ii) a five -story multi -family residential building consisting of 279 residential units ("Apartment Building"); and (iii) a parking structure containing 467 off-street parking spaces and a surface parking lot containing 73 off-street parking spaces (collectively, "Proposed Development'); and WHEREAS, pursuant to Section 12-7-4.E of the Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), the Townhouses and the Apartment Building are not permitted within the M-2 District; and WHEREAS, pursuant to Sections 12-3-7 and 12-3-5 of the Zoning Ordinance, and Title 13 of the City Code of the City of Des Plaines, as amended ("Subdivision Regulations"), the Petitioner filed, with the consent ofthe owner ofthe Subject Property, an application with the City for the approval of (i) a map amendment ("Proposed Map Amendment') to the "Zoning Map of the City of Des Plaines" ("Zoning Map") to rezone the Subject Property from the M-2 District to the R-4 Central Core Residential District ("R-4 District"); (ii) a preliminary plat of planned unit development ofthe Subject Property ("Proposed Preliminary Plat ofPUD"), including a proposed exception within the proposed planned unit development; and (iii) a preliminary plat of subdivision for the Subject Property ("Proposed Preliminary Plat of Subdivision"); and WHEREAS, within fifteen (15) days after the receipt thereof, the Petitioner's application was referred by the Department of Community and Economic Development to the Plan Commission of the City of Des Plaines ("Conunission"); and WHEREAS, within ninety (90) days after the date of the Petitioner's application, a public hearing was held by the Commission on July 27, 2015 pursuant to publication in the Journal on July 10, 2015; and 1 Page 2of14 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 Commission heard competent testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the provisions of the Zoning Ordinance; and WHEREAS, pursuant to Section 13-2-3 of the Subdivision Regulations, on July 27, 2015 the Commission approved, by a vote of 3-0, the Proposed Preliminary Plat of Subdivision; and WHEREAS, pursuant to Sections 12-3-7 and 12-3-5 of the Zoning Ordinance, the Commission filed a written report with the City Council on July 27, 2015, summarizing the testimony and evidence received by the Commission and stating its recommendation, by a vote of 3-0, to approve the Proposed Map Amendment and the Proposed Preliminary Plat of PUD, subject to conditions; and WHEREAS, the Petitioner made representations to the Commission with respect to the Proposed Map Amendment, the Proposed Preliminary Plat of Subdivision, and the Proposed Preliminary Plat of PUD, which representations are hereby found by the City Council to be material and upon which the City Council relies in approving the Proposed Map Amendment and the Proposed Preliminary Plat of PUD; and WHEREAS, the City Council has considered the written report of the Commission, the applicable standards for map amendments and planned unit developments set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated July 28, 2015, and has determined that it is in the best interest of the City and the public to approve the Proposed Map Amendment and the Proposed Preliminary Plat of PUD 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 the approval of the Proposed Map Amendment and Proposed Preliminary Plat of PUD. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as: 2 Page 3of14 PARCEL 1: THAT PART OF LOT "A" IN BENJAMIN CONSOLIDATION OF THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF SEEGER'S ROAD AND NORTH OF THE NORTHERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY, ALSO ALL THAT PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF THE DES PLAINES VALLEY RAILWAY RIGHT OF WAY AND WESTERLY OF THE WESTERLY LINE OF THE ST. PAUL, MINNEAPOLIS AND SAULTE ST MARIE RAILROAD RIGHT OF WAY AND SOUTH OF THE CENTER OF ELK GROVE ROAD, RECORDED IN THE OFFICE OF THE RECORDER OF COOK COUNTY, ILLINOIS, ON APRIL 7, 1922 IN BOOK 169 OF PLATS PAGE 16, AS DOCUMENT 7455426 BOUNDED BY A LINE DESCRIBED AS FOLLOWS; TO WIT: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17 WITH THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY, BEING A LINE 66 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE CHICAGO AND NORTHWESTERN RIGHT OF WAY; THENCE SOUTH 58 DEGREES 58 MINUTES 20 SECONDS EAST ALONG THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY 587.70 FEET; THENCE NORTH 31 DEGREES EAST DISTANCE OF 25 FEET; THENCE NORTH 31 DEGREES 03 MINUTES 40 SECONDS EAST A DISTANCE OF 150 FEET; THENCE SOUTH 58 DEGREES 58 MINUTES 20 SECONDS EAST A DISTANCE OF 25 FEET; THENCE NORTH 31 DEGREES 03 MINUTES 40 SECONDS EAST A DISTANCE OF 1015.48 FEET TO THE CENTER OF WELLER CREEK; THENCE NORTH 48 DEGREES 17 MINUTES 20 SECONDS WEST ALONG THE CENTER OF WELLER CREEK A DISTANCE OF 51.52 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 40 SECONDS WEST ALONG THE CENTER OF WELLER CREEK, A DISTANCE OF 666.38 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 40 SECONDS WEST, A DISTANCE OF 817.07 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. AREA OF PARCEL 1 = 615.352 SQ. FT. OR 14.1 ACRES PARCEL 2: THAT PART OF LOT "A IN BENJAMIN CONSOLIDATION OF PART OF THE NORTHWEST 1/4 OF SECTION 17 AND PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 7, 1922 AS DOCUMENT 745526, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17 WITH THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY, BEING A LINE 66.0 FEET NORTHEASTERLY OF AND 3 Page 4of14 PARALLEL WITH THE NORTHEASTERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY; THENCE ALONG THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY, BEING A LINE SOUTH 58 DEGREES 57 MINUTES 00 SECONDS EAST, A DISTANCE 59.83 FEET FOR A POINT OF BEGINNING, SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT PART OF SAID LOT "A" CONVEYED BY THOMAS INDUSTRIES, INC., TO LITTLEFUSE, INC, BY DEED RECORDED AS DOCUMENT 18478096; THENCE NORTH 31 DEGREES 03 MINUTES 00 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID PROPERTY, A DISTANCE OF 816.97 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 165.65 FEET; THENCE SOUTH 82 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 364.94 FEET; THENCE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 457.54 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 00 SECONDS WEST, A DISTANCE OF 151.63 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF LOT "A" BEING ALSO THE NORTHEASTERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY; THENCE ALONG THE SOUTHWESTERLY LINE OF LOT "A" BEING A LINE SOUTH 58 DEGREES 57 MINUTES 00 SECONDS EAST, A DISTANCE OF 619.31 FEET TO AN INTERSECTION WITH A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF SAID LOT "A" AND PASSING THROUGH THE POINT OF BEGINNING, THENCE NORTH 31 DEGREES 03 MINUTES 00 SECONDS EAST, ALONG THE LAST DESCRIBED LINE, A DISTANCE OF 66.0 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. AREA OF PARCEL 2 = 330.439 SQ. FT. OR 7.60 ACRES PINS: 09-18-215-004-0000, 09-17-100-038-0000,09-17-100-039-0000. Commonly known as 800 E. Northwest Highway, Des Plaines, Illinois. SECTION 3. APPROVAL OF PROPOSED MAP AMENDMENT. Subject to and contingent upon the conditions set forth in Section 8 of this Ordinance, and pursuant to Section 12-3-7 of the Zoning Ordinance, the City Council has considered the factors relevant to the approval of map amendments and has determined that the procedure for the review of map amendments has been satisfied. The City Council hereby approves the Proposed Map Amendment, and the Zoning Map is hereby amended to rezone the Subject Property from the M- 2 District to the R-4 District. 4 Page 5of14 SECTION 4. APPROVAL OF PROPOSED PRELIMINARY PLAT OF PUD. Subject to and contingent upon the conditions set forth in Section 8 of this Ordinance, and pursuant to Section 12-3-5 of the Zoning Ordinance, the City Council hereby approves the Proposed Preliminary Plat of PUD, titled "Development Concept Site Illustrative Plan," consisting of one sheet, prepared by BSB Design, and with a latest revision date of July 10, 2015, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit A. The City Council hereby directs the Zoning Administrator to accept the Proposed Preliminary Plat of PUD, subject to and contingent upon the conditions set forth in Section 8 of this Ordinance. SECTION 5. ACKNOWLEDGEMENT OF REQUEST FOR EXCEPTIONS. The City Council hereby acknowledges that pursuant to Section 12-3-5.0 of the Zoning Ordinance, the Petitioner has requested, and the Proposed Preliminary Plat of PUD contemplates, the following exception from the bulk regulations of the R-4 District set forth in Section 12-7-2.G of the Zoning Ordinance: an exception to permit a minimum lot area of 4,875 square feet, where a minimum lot area of 10,000 square feet is required. At the time of cons derat on of a proposed final plat of planned unit development, a final plat of subdivision, and a final development plan for the Subject Property, the City Council will consider the requested exceptions set forth in this Section 5 in accordance with Section 12-3-5.D of the Zoning Ordinance. SECTION 6. SUBMISSION OF FINAL PLAT OF PLANNED UNIT DEVELOPMENT AND FINAL PLAT OF SUBDIVISION. Pursuant to and in accordance with Section 12-3-5.D.3 of the Zoning Ordinance and Section 13-2-4 of the Subdivision Code, the adoption of this Ordinance authorizes the Petitioner to submit a final plat of planned unit development and a final plat of subdivision for the Subject Property to the City. 5 Page 6of14 SECTION 7. EFFECT OF APPROVAL OF PROPOSED PRELIMINARY PLAT OF PUD. Pursuant to Section 12-3-5.D.3 ofthe Zoning Ordinance, the approval ofthe Proposed Preliminary Plat of PUD for the Subject Property, as provided in Section 4 of this Ordinance, will not be deemed or interpreted as authorizing or entitling the development or the improvement of the Subject Property in any manner whatsoever unless and until the City Council approves, by ordinance or resolution duly adopted, as the case may be: (i) a conditional use permit for a planned unit development for the Property, pursuant to Section 12-3-5.D.5 of the Zoning Ordinance; and (i ) a final plat of subdivision, pursuant to Section 13-2-8 of the Subdivision Regulations. Nothing herein will be deemed or interpreted as obligating or requiring the City Council to approve a conditional use permit for a planned unit development or a final plat of subdivision. Further, the City Council has no obligation to consider or approve a conditional use permit for a planned unit development or a final plat of subdivision unless and until: A. The Petitioner complies with the applicable procedures for the review and approval of a final plat of planned unit development for the Subject Property, as set forth in Section 12-3-5.D.5 ofthe Zoning Ordinance; and B. The Petitioner complies with the applicable procedures for review and approval of a final plat of subdivision for the Property, as set forth in Chapter 2 of the Subdivision Regulations. SECTION 8. CONDITIONS OF APPROVAL. The approvals of the Map Amendment granted pursuant to Section 3 of this Ordinance and of the Proposed Preliminary Plat of PUD granted pursuant to Section 4 of this Ordinance are expressly subject to and contingent upon compliance by the Petitioner with each and all ofthe following conditions, all at the sole cost and expense ofthe Petitioner: 6 Page 7 of 14 A. The Petitioner must prepare and submit to the City: (i) a final plat of planned unit development for the Subject Property that meets all the requirements of Section 12- 3-5 and Appendix A-4 (Minimum Submittal requirements for PUDs) of the Zoning Ordinance; and (ii) a final plat of subdivision that meets all the requirements of the Subdivision Regulations. B. The Petitioner must submit to the City final development plans for the Proposed Development that depict and comply with, and are approved by the governmental agencies and City officials described in, each of the following requirements: i. Subject to Illinois Department of Transportation ("IDOT") approval, the Petitioner will work with staff regarding reasonable curb radii and turn lane storage lane requests at Northwest Highway intersections. ii. The final development plans must include an aerial fire apparatus access road plan that is approved by the Chief of the City's Fire Department. These fire apparatus access road plans must depict, for each building within the Proposed Development that exceed 30 feet in height measured from grade to the eve of a pitched roof, top of a parapet, or the intersection of the exterior wall and the roof, aerial fire apparatus access roads that are a minimum of 26 feet wide, not including shoulders, that serve the building. At least one aerial fire apparatus access road must be located not less than 15 feet and not more than 30 feet from each such building and must be oriented parallel to one side of the building, which side will be determined by the City's fire code official. No overhead utility and power lines will be 7 Page 8of14 located over fire apparatus access roads or between fire apparatus access roads and the building served by the road. iii. iv. The Proposed Development must include two water connections to the City's 10 -inch water main located in the right-of-way under the south side of Northwest Highway. v. The final development plans must depict the boundaries of the regulatory floodway and floodplain. vi. The Proposed Development must include designated areas for snow Storage. vii. The final development plans must include plans and specifications for all street lighting within the Proposed Development, including controllers. viii. The final development plans must depict: (i) a 100 -year design pipe for the overland flow route to the detention basins on the Property; and (ii) equalizer pipes interconnecting the detention basins. C. Prior to the commencement of construction, the Petitioner must provide a letter from the Metropolitan Water Reclamation District of Greater Chicago ("MWRD") stating that the MWRD has no objection the layout of the of the buildings or the utilities crossing over the MWRD's sewer easements. D. Prior to the commencement of construction, the Petitioner must provide the City proof that it has obtain the following permits or approvals for the Proposed Development: (i) a MWRD WMO permit; (ii) any necessary approvals or permits from IDOT; (iii) any necessary approvals or permits from the Illinois 8 Page 9of14 Environmental Protection Agency; and (iv) a National Pollutant Discharge Elimination System permit from the Illinois Environmental Protection Agency. E. The Petitioner must pay all applicable fees for building permits and related approvals. F. The Petitioner must obtain written final engineering approval of the Proposed Development from the City's Director of Public Works and Engineering. G. The Petitioner shall comply with Illinois Environmental Protection Agency No Further Remediation rules, regulations, and conditions. H. The Petitioner must install road lighting approved in advance and in writing by the Director of Public Works and Engineering along all roads within the Proposed Development. L The Petitioner must record against the Subject Property a maintenance covenant that requires the owners of the Subject Property to provide for the shared maintenance of all utilities (with the exception of water mains), landscaping, paved areas (including snow plowing), and other common areas of the Subject Property. J. The Petitioner must prepare and submit to the City for approval plans to address the sidewalk discontinuity at the northwest corner of the apartment building on the Property. K. The Petitioner must prepare and submit to the City for approval a traffic signage plan and a pavement marking plan. L. Subject to approval by the Illinois Department of Transportation, the Petitioner will work with staff regarding reasonable curb radii design requests at Northwest Highway intersections. 9 Page 10 of 14 M. The Petitioner must construct and install access roads that are capable of bearing the weight of the City's heaviest emergency vehicle. N. The Petitioner must construct and install fire hydrants within the Proposed Development in accordance with the fire flow and hydrant spacing requirements of Appendices B and C of the 2012 edition of the International Fire Code. O. The Petitioner must install fire sprinklers in all of the residential units on the Property. P. The Petitioner must provide sufficient emergency vehicle turning radius on roads located within the Proposed Development, as determined by the City's fire code official in his sole discretion, which turning radius must accommodate the City's largest emergency vehicle. The Petitioner must provide the City's fire code official an auto turn analysis for all fire apparatus access roads. All construction documents and development plans depicting the fire alarm systems for the Proposed Development must be sufficient in clarity so as to indicate the location, nature, and extent ofthe work proposed for the Property and show in detail that all ofthe fire systems will conform to the 2012 edition of the International Fire Code and all other applicable building codes, laws, ordinances, statutes, rules and regulations. R. The Petitioner must remove all fill piles from the Property. SECTION 9. TIME PERIOD FOR SUBMISSION OF FINAL PLAT OF PLANNED UNIT DEVELOPMENT AND FINAL PLAT OF SUBDIVISION. Pursuant to and in accordance with Section 12-35-4.D.3 of the Zoning Ordinance and Section 13-2-10.B of the Subdivision Regulations, respectively, the Petitioner must submit for review and approval by the Q. 10 Page 11 of 14 City: (a) a final plat of planned unit development for the Subject Property no later than the date that is 180 days after the effective date of this Ordinance; and (b) a final plat of subdivision for the Subject Property no later than the date that is 12 months after the effective date of the approval of the Proposed Preliminary Plat of Subdivision by the Commission. SECTION 10. 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. SECTION 11. 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] PASSED this day of , 2015. APPROVED this day of , 2015. VOTE: AYES NAYS ABSENT ATTEST: MAYOR CITY CLERK Published in pamphlet form this Approved as to form: 11 Page 12 of 14 day of , 2015. CITY CLERK Peter M. Friedman, General Counsel F:\JRG\Coleman\DP Ordinance approving preliminary PUD plat and zoning map amendment (Buckingham Place (800 E. Nort) JRG REDLND REV 10-12-2015.docx 12 Page 13 of 14 Town Homes Three Story Front Loaded Garage 34 Units 2 Garage Spaces per Unit e C 8 G M-2 GENERAL MANUFACTURING 100 year lbw/plan' R-3 TOWNHOUSE RESIDENTIAL J Multifamily Building Five Stories Residential/Five Level Parking 270 Units 20 - Studio 7.4% 149 -1 Bedroom 55.2% 101 - 2 Bedroom 37.4% 467 Garage Spaces (93 Garage Spaces per Level) 73 Surface Spaces North Exhibit A Drive Connection M-2 - GENERAL MANUFACTURING ,rte r--- �'_ .� T --a Existing Trees to Remain M-2 GENERAL MANUFACTURING 0 30 60 120 240 Monument Si.n 10' Bike Path Row Houses Three Story Rear Loaded Garage 93 Units 2 Garage Spaces per Building Existing Trees to Remain Y. �G1 I��YfWstori*- 1 1 BSB DESIGN Pi.Ma 111n0*80074 WT45 SKY SIR acIYR mw.bx B SUSS TS OEMS DEVELOPMENT CONCEPT WE ILLUSTRATIVE PLAN LS1.0 Page 14 of 14 Y IDES PLAINES ILL 1 N O I S UNFINISHED BUSINESS 2a COM UNITYAND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org MEMORANDUM Date: To: From: Subject: October 9, 2015 Michael G. Bartholomew, MCP, LEED AP, City Manager George Sakas, AICP, Director of Community and Economic Development Scott Mangum, AICP, Senior Planner Conditional Use Permit and Variation for a Motor Vehicles Sales operation, 1529 Rand Road, Case #15 -058 -CU -V (1st Ward) Issue: The petitioner is requesting a Conditional Use permit under Section 12-7-3.F.3 and a major variation to Table 12-7-3-1 of the 1998 City ofDesPlaines Zoning Ordinance, as amended: to authorize a motor vehicle sales operation, on a site of less than 25,000 square feet in the C-3 Zoning District. Analysis: At the October 5h City Council meeting Ordinance Z-31-15 authorizing a Conditional Use Permit and Major Variation to operate a Motor Vehicle Sales establishment at 1529 Rand Road was approved on first reading by a vote of 6-2. Recommendation: I recommend that the City Council consider second reading of Ordinance Z-31-15. Exhibits: Ordinance authorizing a Conditional Use Permit and Major Variation to operate a Motor Vehicle Sales establishment at 1529 Rand Road. Exhibit A: Plat of Survey prepared by Studnicka and Associates, Ltd., and dated January 16, 2014. Exhibit B: Site Pan, Floor Plan, Elevation, and Renderings prepared by DBH & Associates Architect, Inc., and dated September 4, 2015. Page 1 of 22 CITY OF DES PLAINES ORDINANCE Z - 31 - 15 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND MAJOR VARIATION FOR THE OPERATION OF A MOTOR VEHICLE SALES ESTABLISHMENT ON A LOT LESS THAN 25,000 SQUARE FEET IN THE C-3 ZONING DISTRICT AT 1529 RAND ROAD, DES PLAINES, ILLINOIS. (Case #15 -058 -CU -V). WHEREAS, Jidd Motors, Inc. ("Petitioner"), is the lessee of the property commonly known as 1529 Rand Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the C-3 General Commercial Zoning District of the City ("C-3 District") and has a lot area of approximately 23,398 square feet; and WHEREAS, the Property is improved with a building that was formerly used as a motorcycle sales establishment ("Building"); and WHEREAS, the Petitioner desires to demolish a portion of the Building and operate a motor vehicle sales establishment on the Subject Property; and WHEREAS, pursuant to Section 12-7-3.F.3 of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), motor vehicle sales are permitted in the C-3 District only with a conditional use permit; and WHEREAS, pursuant to Section 12-7-3.F and Table 12-7-3-1 of the Zoning Ordinance, motor vehicle sales establishments must be located on properties of 25,000 square feet or more; and WHEREAS, the Petitioner submitted applications to the City of Des Plaines Department of Community and Economic Development ("Department") for: (i) a conditional use permit to allow motor vehicle sales on the Subject Property ("Conditional Use Permit") in accordance with Section 12-7-3.F.3 of the Zoning Ordinance; and (ii) a major variation from Section 12-7-3.F and Table 12-7-3-1 of the Zoning Ordinance to allow a motor vehicle sales establishment on the Subject Property ("Major Variation"); and WHEREAS, A & F Holdings, LLC, owns the Property and has consented to the Petitioner's applications; and WHEREAS, the Petitioner's applications were referred by the Department to the Zoning Board of Appeals of the City of Des Plaines ("Board") within 15 days after the receipt thereof; and WHEREAS, within 90 days after the date of the Petitioner's applications a public hearing 1 Page 2 of 22 was held by the Board on September 8, 2015 pursuant to notice published in the Journal on August 21, 2015; 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 September 8, 2015, summarizing the testimony and evidence received by the Board and stating the Board's recommendation, by a vote of 6-0, to approve the Petitioner's applications, subject to conditions; and WHEREAS, the Petitioner made certain representations to the Board with respect to the proposed Conditional Use Permit and Major Variation, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting this request for the Conditional Use Permit and Major Variation, 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 and major variations set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated September 14, 2015, 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 applications 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 depicted on the "Plat of Survey" prepared by Studnicka and Associates, Ltd., consisting of one sheet, dated January 16, 2014 attached to, and by this reference made a part of, this Ordinance as Exhibit A, and is legally described as follows: LOTS THIRTY-SIX (36) TO FORTY-THREE (43), BOTH INCLUSIVE, IN BLOCK EIGHT (8) IN DES PLAINES CENTER, BEING A SUBDIVISION IN SECTION SEVENTEEN (17), TOWNSHIP FORTY-ONE (41) NORTH, RANGE TWELVE (12), EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF RECORDED APRIL 18, 1927 AS DOCUMENT 9618825 AND FILED IN 2 Page 3 of 22 THE OFFICE OF THE REGISTRAR OF TITLE OF COOK COUNTY, ILLINOIS, ON JUNE 20, 1927 AS DOCUMENT 359251 N COOK COUNTY, ILLINOIS; EXCEPT THAT PORTION TAKEN FOR HIGHWAY PURPOSES CONSISTING OF THOSE PARTS OF LOTS THIRTY-SEVEN (37), THIRTY EIGHT (38), THIRTY-NINE (39), FORTY (40), FORTY-ONE (41) AND FORTY-TWO (42) IN BLOCK EIGHT (8) AFORESAID LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED CURVED LINE, TO WIT: BEGINNING AT A POINT OF CURVATURE IN THE NORTHEASTERLY LINE OF SAID LOT THIRTY-SEVEN (37), (BEING ALSO THE SOUTHWESTERLY LINE OF RAND ROAD AS NOW LOCATED AND ESTABLISHED) DISTANT 1.59 FEET SOUTHEASTERLY OF THE MOST NORTHERLY CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 290.00 FEET, WITH A CENTRAL ANGLE OF 46 DEGREES 30 MINUTES AND TANGENT TO SAID SOUTHWESTERLY LINE OF RAND ROAD A DISTANCE OF 235.36 FEET TO A POINT OF TANGENCY TO THE NORTHEASTERLY LINE OF SAID LOT FORTY-TWO (42) (BEING ALSO THE SOUTHWESTERLY LINE OF LEE STREET AS NOW LOCATED AND ESTABLISHED) DISTANCE 7.40 FEET NORTHWESTERLY TO THE SOUTHEASTERLY CORNER THEREOF AND EXCEPT THAT PART CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION BY DEED RECORDED OCTOBER 15, 1981 AS DOCUMENT NO. 26028596 DESCRIBED AS FOLLOWS: THAT PART OF LOTS 36 TO LOT 43, BOTH INCLUSIVE IN BLOCK 8 IN DES PLAINES CENTER, BEING A SUBDIVISION IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 18, 1927 AS DOCUMENT NO. 9618825 IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 36; THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINES OF SAID LOTS 36 AND 37, A DISTANCE OF 26.59 FEET; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY RIGHT-OF- WAY LINE ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 290.00 FEET, A DISTANCE OF 237.60 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 42, A DISTANCE OF 7.40 FEET NORTHWESTERLY OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY, ALONG THE EASTERLY LINES OF SAID LOTS 42 AND 43, ALONG A CURVE TO THE RIGHT HAVE A RADIUS OF 239.26 FEET; A DISTANCE OF 32.47 FEET TO THE SOUTHEAST CORNER OF SAID LOT 43; THENCE WESTERLY, ALONG THE SOUTH LINE OF SAID LOT 43, A DISTANCE OF 11.80 FEET THENCE NORTHEASTERLY, A DISTANCE OF 12.79 FEET TO A POINT 4.62 FEET WEST IF THE EAST LINE OF SAID LOT 43 (AS MEASURED RADIALLY); THENCE NORTHERLY, A DISTANCE OF 58.21 FEET TO A POINT 12.92 FEET WEST OF THE EAST LINE OF SAID LOT 41 (AS MEASURED RADIALLY); THENCE NORTHWESTERLY, ALONG A CURVE TO THE LEFT TANGENT TO THE LAST DESCRIBED COURSE HAVING A RADIUS OF 230.00 FEET, A DISTANCE OF 169.19 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1614.85 FEET, A DISTANCE OF 51.78 FEET TO A POINT 3 Page 4 of 22 ON THE NORTHEASTERLY LINE OF SAID LOT 36; THENCE NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 36, A DISTANCE OF 7.54 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PINs: 09-1720-5122-0000, 09-17-205-036-0000 Commonly known as 1529 Rand Road, Des Plaines, Illinois SECTION 3. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 5 ofthis Ordinance, the City Council hereby grants the Petitioner the Conditional Use Permit to allow motor vehicle sales on the Subject Property. The Conditional Use Permit granted by this Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 ofthe Illinois Municipal Code, 65 ILCS 5/11-13-25. SECTION 4. MAJOR VARIATION. The City Council finds that the Major Variation satisfies the standards set forth in Section 12-3-6.H 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 5 of this Ordinance, the City Council hereby grants the Major Variation for the Subject Property to the Petitioner. 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 the terms and conditions of this Ordinance. The Zoning Administrator may extend the Major Variation if the Petitioner requests an extension in accordance with Section 12-3-6.L ofthe Zoning Ordinance. SECTION 5. CONDITIONS. The Conditional Use Permit granted in Section 3 and the Major Variation granted in Section 4 ofthis Ordinance shall be, and are hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: 4 Page 5 of 22 A. Submission of Final Plans. The Conditional Use Permit and the Major Variation will not be effective unless and until the Petitioner submits, and the City approves, the following plans in accordance with the following provisions: 1. The Petitioner must submit to the City, and the Director of the Department must approve, a landscape plan ("Landscape Plan") that depicts: (a) a landscaped area that is at least three -feet wide located between (i) the north and east property lines of the Subject Property and (ii) the sidewalk pavement of the Rand Road and River Road rights-of-way ("Landscaped Area"); (b) within the Landscaped Area, either at least one shrub for every three feet of frontage along the Rand Road and River Road rights -of way or a continuous hedge, measuring at least 18 inches in height at planting and not more than four feet in height at maturity; (c) within the Landscaped Area, ground cover and not less than four shade trees; and (d) a six -foot - high wood privacy fence generally located along the west property line of the Subject Property and adjacent to, and to the southwest of, the portion of the Building remaining after demolition, and at a specific location determined by the Director of the Department in his sole discretion. Upon approval of the Landscape Plan by the Director of the Department, the Landscape Plan will be incorporated into, and made a part of, this Ordinance without further action by the City Council. 2. The Petitioner must submit to the City, and the Director of the Department must approve, a photometric plan ("Photometric Plan") that depicts the maximum number of horizontal foot-candles on residential properties adjacent to the west property line of the Subject Property as not more than 0.2 foot-candles. Upon approval of the Photometric Plan by the Director of the Department, the Photometric Plan will be incorporated into, and made a part of, this Ordinance without further action by the City Council. B. 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, Sections 12-3-4.H, "Limitations on Conditional Uses," and 12-3-4.I, "Effect of Approval," of the Zoning Ordinance: 1. The plans prepared by DBH & Associates, Architects Inc., consisting of nine sheets, and with a latest revision date of September 4, 2015, as to sheets 1, 4, 5, 8, and 9, and August 7, 2015, as to sheets 2, 3, 6, 7, a copy of which 5 Page 6 of 22 plans is attached to and, by this reference, made a part of this Ordinance as Exhibit B (collectively, the "Plans"); 2. The Landscape Plan submitted by the Petitioner and approved by the City in accordance with Section 5.A.1 ofthis Ordinance; and 3. The Photometric Plan submitted by the Petitioner and approved by the City in accordance with Section 5.A.2 ofthis Ordinance. C. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. Prior to occupancy, the Petitioner shall complete the site improvements depicted on the Plans and the Landscape Plan. 2. The Petitioner may not store or display more than 22 vehicles for sale outside of the building on the Subject Property at any single time. 3. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. 4. All parking areas shall be surfaced and striped to meet all applicable Building Code hard surface requirements. SECTION 6. 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 ofthis 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. 6 Page 7 of 22 B. In the event that the Petitioner fails to 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 5 of this Ordinance, the Conditional Use Permit granted in Section 3 of this Ordinance and the Major Variation granted in Section 4 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 12-4-7 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 General Commercial District. Further, in the event of such revocation of the Conditional Use Permit and Major Variation, 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 adoption ofthis Ordinance, has considered the possibility ofthe 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 12-4-7 of the Zoning Ord i is provided to the Petitioner. SECTION 7. 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; nance 3. the filing with the City Clerk by the Petitioner of an unconditional agreement and consent to accept and abide by each and all ofthe 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 7 Page 8 of 22 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 7.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 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] 8 Page 9 of 22 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) & Major Variation for Motor Vehicle Sales at 1529 Rand Road #37318067_v3 9 Page 10 of 22 Exhibit A N m q °°avFiQ w w0 ..au W yO y p wxw 0f�/1 z[::Fa �'..D.z10 Ep 01ra^. C.1Q.- 0 .00. 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G., DES PLAINE RIVER ROAD L..32.47 r RM�239.26 _ � 1 I 5g.12 I °a 1 0 0 CV CV 11 9 S), 41F �• O z 0 8 R=106.77 HARDING AVENUE A Page 11 of 22 *:IUllnl Ni' Demeke Berhanu-Haile Architect / DBH & Associates Architects Inc. 164 Division St Suite 201 / Elgin IL. 601201(847) 269-9368 Ted M. Virgilio / Branecki-Virgilio & Associates, Inc. Consulting Civil Engineers 79 North Broadway / Des Plaines, IL 600161 Phone: 847-298-4525 Exhibit B Omar. Jldd Motors 655 Rand Rd, Des Plaines, IL 60016 Project Site: urea Rind Rd. des Plain.., IL eoo I e Des Plaines BUILDING CODE 2012 International Building Code 2012 International Residential Code for 1 & 2 Family Dwellings 2012 International Mechanical Code 2012 International Fuel Gas Code 2012 International Fire Code 2000 NFPA 101 Life Safety Code 2011 National Electrical Code (NFPA 70) 2004 State of Illinois Plumbing Code 2012 International Property Maintenance Code 2012 Illinois Energy Conservation Code Des Plaines Zoning Parking Requirements Automotive Sales Lots 1 space for every 200 sq. ft. of gross floor area, plus 1 spaces for every 10 -vehicle display spaces. Total Site area 23,398 SF Existing Building gross Sf area 8,302 SF Portion of Building to be demolished 5,874 SF Portion of Building to be remodeled 2,428 SF Parking Requirements Automotive Sales Lots: 1 space for every 200 sq. ft. of gross floor area, plus 1 space for every 10 -vehicle display spaces. Customer parking provided (Green) 14 stalls Storage Parking provided (Blue) 22 stalls Employee Parking provided (Red) 4 stalls N REVISIONS DROWN BY: N0. DATE DESCRIPTION SCALE e/m/1s FitliBSt PROJECT NO. 09-2015 SA <wWkS,hem<i! RS 9101'15 SA <wWkS,hem<4! RS SHEET TITLE : DRAWING NO. 1 Page 12 of 22 -205-089 09- 1,7-20 5-088 0 9- 1,7 -20 5-0 87 09-17-205-082 -17;205-082 09-17-205-066 Exisiting Building Aerial View 9' 05-088 7-205-0187 09 -06,1 009hh720 5-084 4qlr-O-91r722057083 7ito 0947-205-082 tP - 408 2 0947-205-066 09-17-205-122 lifillii SataliteTopo imaging Exhibit B 164 Division St Suite 201/ Elgin IL. 60120 Offier. JIdd motors Ras Rand Rd, Dos mines, IL 60016 Project Site: 1029 Rind Rd, Bre Plums' IL 09010 REVISIONS DRAIN Ert: NO. DATE DESCRIPTION SCAM 9/07/15 rEVIN SET PROJECT NO. 09-2015 DIE SHEET TITLE DRAWING NO. 2 Page 13 of 22 ctrl 1°k ANNUAL CHANCE FLOOD DISCHARGE CONTAINED' IN C.ULVCRT r I 1t _ BROWN ST r.v1 % r t'',Ik PERRY Si "--, tib _ -r- r rf 1 t ' l y.• d • , L S'p,6S - PCRRY S7 . ( T rye 17 - , '7'fikTRW '-P-,-. '3J.," - O /.r'`'e0r q JE��F((FERONTt�*R .. al ,soN % �F , ('. S'. 14. A r-. • Citi}' Ot 1)eyPlai11es 1700$1- 0 .3ARL'AN D.V E'w • Z• O• NE :•11irETti'� J�a. ZONE f: •.:.: J' ZONE X ! e ,�*�'• rz >>I 3H Exhibit B & Assocc 1. tom' �0 [, eltr J i't • MP STI- r. s, Arcn1tocts Inc, Omer. Jldd Mfrs 855 Rand Rd, Des Plains, IL 60016 Project Site. 16210 Rand Rd, Des Plsriss, IL 50010 J• w•• =' MAP SCALE 1" = 500' 0 0 i I-1 F-1 500 1000 I I FEET METE t !II �JIII PANEL 0217J FIRM FLOOD INSURANCE RATE MAP COOK COUNTY, ILLINOIS AND INCORPORATED AREAS PANEL 217 OF 832 (SEE MAP INDEX FOR FIRM PANEL LAYOUT) MUNI y2M,lU'1IIY MRS Mel Medic CC ,C,01. TI' ICON )a Ir J LES PLAINES.CI YOf 1'CO91 421I J MMMu la Um. 1110 Map Nunxr 10101011 Whir tlx.lu 00 uxl xk.. M>rire map oak. Vn Cantrunip• /lumbar Mo. nleun >,outa eealoeo, 00.0.0• ero.taamvw-ue weeacer .,er:t; MAP NUMBER 17031CO217J MAP REVISED AUGUST 19, 2008 Federal Emergency Management .lgeney l nue s an official copy of a perion of the abce referenced flood map. k was eOtraeted using F-PAITOn-Line. Tide map does net renrt changes or amendments which may have teen 'rade subsequent to tna date o1 the kite block. For the late*: produc: informat on abct.t National =food Insurance Prosaism good maps check the FEMA -good Map Store at wwn•.rosc.fema.pov` REVISIONS N. DATE DESCRIPTION 6/or/15 Fen SET DRAM 9Y: PRAIECT NO. 09-2015 FLE Flood Map SHEET TITLE DRAWING 50. Page 14 of 22 1 space for every 200 sq. ft. of gross floor area, plus 1 space for every 11D -vehicle display spaces. Customer parking provided (Green) 14 stalls Storage Parking provided (Blue) 22 stalls Employee Parking provided (Red) 4 stalls Ornamental - Black metal 4` High Fence Portion of Building to be demolished 5'-0" 10-8" 3fi'-0 8C 0 20-0' .L01 57-451 ti Rind Road New hydrant, fight posts TBD by DOT 5' upper blocks 50'total Graphic Scale >>I 3H Exhibit B &Associctes, Arc nitocts Inc. 164 Division St Suite 201/ Elgin IL. 60120 Owner. JIdd Motors 855 Rand Rd, Dei Plaines, IL 80018 Project Site: 1529 Rand Rd, Dan Malmo, L 80011 NO. DATE REVISIONS DESCRIPTION CRAW 1 9f: SCALE 9/97/15 FEU ET PROJECT NO. 09-2915 SaswgkSsjeme 3/F.$ ... ugkSspeme 4I1»c FILE SHEET TIRE Site Plan DRAWING NO. 4 Page 15 of 22 &Associctes, Arc nitccts Inc, 164 Division St Suite 2011 Elgin IL. 60120 Exhibit B Owner Add Motors 855 nand Rd, Pea Plaines, IL BOO18 Project Site: 1529 Rind Rd, DM Minn. L e001 • REVISIONS DRAWN er: NO. DATE DESCRIPTION SCALE 6/P7/15 EMI SET PROJECT NO. 09-2015 SVONIS SHEET TIRE : Overview DRAWING NO. Page 16 of 22 3 East Elevation 164 Division St Suite 201/ Elgin IL. 60120 North Elevation No Scale DDIga Exhibit B South Elevation & Assoc c tes, Architects Inc. . 0.1 West Elevation OKIw 'Add Motors 811 Rand Rd, Des Plaines, IL 80016 Project: 1029 Rind Rd, Dss Maws, IL 80015 REVISIONS CONN ?T NO. DATE DESCRIPTION ZI E: 8/07/15 RSIM 4l PROJECT ND. 09-2015 FILL: SHEET TIRE Elevations DRAWING N0. Page 17 of 22 83'-4" 77'-6" 38'-5" 10'-0" i 8'8" 20'0" J 13'-10" L 0 O O u 0 Skylight position a 4 Centered Between Trusses 4 m >>I 3H &Associctes, Arc nitccts Inc, 164 Division St Suite 2011 Elgin IL. 60120 Owner. %Odd Motors 855 Reed Rd, Des Plaines, IL 60018 Project Site: 1059 Rind Rd, DM Plains., L 90010 N0. DATE 8/81/15 REVISIONS DESCRIPTION REVEL ff1 DRAWN er: SUMO RIE PROJECT N0. 09-2015 SHEET TIRE : Floor Plan DRAWING NO. 7 Exhibit B Page 18 of 22 View of South from Lee St D)1B3H Exhibit B & Assoactes, Arc nit cts Inc 164 Division St Suite 201/ Elgin IL. 60120 Owner: Jkld Motors 855 Rand Rd, Dos Plaines, IL 60016 ProjectSite: 1529 Rend Fkl, Des Plaines, 1L001• N REVISIONS NO. 2 DATE 8/07A5 SO7915 A01115 DESCRIPTION REYBYSET F.S DRAWN BY: SCAM RLD PROJECF NO. 99-2015 SHEET TfTLE : Rendering DRAWING NO. 8 Page 19 of 22 D)1B3H Exhibit B View of Southeast Corner & Assoactes, Arc nit cts Inc 164 Division St Suite 201/ Elgin IL. 60120 Owner. JIdd Motors 855 Rand Rd, Dee Plaines, IL 600113 Project Sib3: 1029 Mind Rd, DssP1iis, L some REVISIONS NO. DATE 6/07/15 AsTWIS DESCRIPTION EMI ET vs4 SG4.<1! RS ORM BE SUM RLE PROJECT NO. 09-2015 SHEET TIRE : Rendering DRAWING NO. Page 20 of 22 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, Jidd Motors, Inc. ("Petitioner"), applied to the City of Des Plaines for: (i) a conditional use permit ("Conditional Use Permit") pursuant to Section 12-7-3.F.3 of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), and (ii) a major variation to Section 12-7-3.F.3 and Table 12-7-3-1 of the Zoning Ordinance ("Major Variation") to allow a motor vehicle sales establishment on that certain property commonly known as 1529 Rand Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is owned by A & F Holdings, LLC ("Owner"); 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 and the Major Variation, 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 the Ordinance, and the Owner desires to evidence its consent to recording the Ordinance against the Subject Property; NOW, THEREFORE, Petitioner does hereby agree and covenant as follows: 1. Petitioner and Owner shall, and do 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 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 12-4-7 of the City's Zoning Ordinance are followed. 12 Page 21 of 22 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 Agreement and Consent. 5. Petitioner and Owner shall, and do 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: JIDD MOTORS, INC. By: By: ATTEST: A & F HOLDINGS, LLC By: By: SUBSCRIBED and SWORN to before me this day of , 2015. Notary Public 13 Page 22 of 22