20170306 Council Packet, Amended, with Attachments
Monday, March 6, 2017
Closed Session – 6:00 p.m.
Regular Session – 7:00 p.m.
Room 102
CALL TO ORDER
CLOSED SESSION
PERSONNEL
PENDING LITIGATION
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
(matters not on the Agenda)
CITY CLERK ANNOUNCEMENTS
ALDERMEN ANNOUNCEMENTS
AS AMENDED 3/3/2017
CLOSED SESSION START TIME – 6:00 P.M.
COMMITTEE OF THE WHOLE ITEM #4B. ADDED
SUPPLEMENTAL INFORMATION ATTACHED
FOR THE FOLLOWING ITEMS:
- COMMITTEE OF THE WHOLE #2D.
- NEW BUSINESS #6A. (REPLACE PREVIOUSLY ISSUED ITEM WITH THIS PACKET)
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CONSENT AGENDA
1. Approve the Purchase of Two (2) Ford Focus Sedans through the State of Illinois CMS Contract #4018033
from Landmark Ford, 2401 Prairie Crossing Drive, Springfield, IL in the Amount of $31,522. Budgeted
Funds – Equipment Replacement Fund.
1a. RESOLUTION R-32-17: A Resolution Authorizing the Purchase of Two Ford Focus Sedans from Landmark
Ford
2. Approve the Purchase of a SnoGo Model WK Snowblower with Available Options through the National Joint
Powers Alliance Contract #080117-WAS to Lindco Equipment Sales, Inc., 2168 E. 88th Drive, Merrillville, IN
in the Amount of $119,077. Budgeted Funds – General Fund/Equipment.
2a. RESOLUTION R-34-17: A Resolution Authorizing the Purchase of a Wausau SnoGo Model WK from
Lindco Equipment Sales, Inc.
3. Waive Bidding Requirements and Approve Renewal of Service Contract with B&F Construction Code
Services, Inc. in an Amount Not-to-Exceed $50,000 for Purposes of Continuing Large-Scale Building Plan
Reviews
3a. RESOLUTION R-39-17: A Resolution Approving an Agreement with B&F Construction Code Services, Inc.
for Professional Plan Review Services
4. Approve Purchase of Two (2) Wanco Message Boards through the General Services Administration Contract
#GS-07F-5791R from Millennium Products, Inc., 6346 Heron Parkway, Clarkson, MI in the Amount of
$57,637.91. Budgeted Funds – Equipment Replacement and Asset Forfeiture Funds.
4a. RESOLUTION R-40-17: A Resolution Authorizing the Purchase and Delivery of Two Wanco Message
Boards
5. Approve Purchase of Trackless MT7 with Attachments through HGAC Buy Contract #GRO1 -15 from
Trackless Vehicles, Ltd., in the Amount of $170,835.10. Budgeted Funds – Equipment Replacement Fund.
5a. RESOLUTION R-41-17: A Resolution Authorizing the Purchase and Delivery of a Trackless Municipal
Tractor from Trackless Vehicles, Ltd.
6. Award Bid of the 2017 Parkway Restoration and Planting Contract to TNT Landscape Construction, Inc., 847
S. Randall Road, Elgin, IL in the Amount of $64,248.25. Budgeted Funds – Water Fund/R&M Water
Distribution, TIF #1 Downtown City Maintenance, and General Fund/Miscellaneous Contractual Services.
6a. RESOLUTION R-42-17: A Resolution Awarding the 2017 Parkway and Planting with Installation Services
Contract to TNT Landscape Construction, Inc.
7. SECOND READING – ORDINANCE M-7-17: An Ordinance Making Appropriations to Defray the
Expenses of the City of Des Plaines, Cook County, Illinois for Municipal Purposes Designated as the “Annual
Appropriation Ordinance” for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017
8. Authorize the City Clerk to Advertise for Bid the City-Owned Parking Garages Lighting and Exit Sign
Upgrade Project
9. Authorize City Clerk to Bid 2017 CIP Concrete Improvements – MFT-17-00000-01-GM, 2017 CIP Street &
Utility Improvements – Contract A, 2017 CIP Street & Utility Improvements – Contract B, and 2017 Street &
Utility Improvements – Contract C
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10. Authorize City Clerk to Bid TIF #7 Mannheim Road Improvements Project
11. Minutes/Regular Meeting – February 21, 2017
12. Minutes/Closed Session – February 21, 2017
END OF CONSENT AGENDA
COMMITTEE OF THE WHOLE
1. FINANCE & ADMINISTRATION – Alderman Don Smith, Chair
a. Warrant Register in the Amount of $3,775,327.05 – RESOLUTION R-44-17
2. COMMUNITY DEVELOPMENT – Alderman Mike Charewicz, Chair
a. Conditional Use Permit for a Massage Establishment – 1517 E. Oakton Street, Case #17-007-CU –
ORDINANCE Z-5-17
b. Class 7c Resolution Request – “The Oaks Shopping Center” Butera Market - 1517 Lee Street –
RESOLUTION R-45-17
c. Conditional Use Permit for an Electronic Message Board – 380 Northwest Highway, Case #17-005-
CU-V – ORDINANCE Z-6-17
d. Conditional Use Permit for a Localized Alternative Sign Regulation to Allow 300 Square Feet of Wall
Signage in the C-3 General Commercial District – Mariano’s – 10 E. Golf Road, Case #17-011-CU –
ORDINANCE Z-7-17 (back-up material to be sent under separate cover)
3. PUBLIC SAFETY – Alderman Dick Sayad, Chair
a. Discussion of Fire Department 2016 Overtime Budget
4. LEGAL & LICENSING – Alderman Patricia Haugeberg, Chair
a. Discussion Regarding the Regulation of Short Term Rental Properties (verbal report only from
Director of Community & Economic Development)
b. Discussion and Report Out of Closed Session on Internal Investigation Regarding Ethics Code
Violation (if necessary)
5. ENGINEERING – Alderman Denise Rodd, Chair
a. Consideration of Proposal from V3 Companies of Illinois, Ltd., 7325 Janes Avenue, Woodridge, IL in
the Not-to-Exceed Amount of $227,229.09 for Phase I Engineering Services for an S-Curve
Pedestrian/Bicycle Underpass and Agreement with Union Pacific Railroad Company for their
Participation in the Phase I Engineering Design of Said Underpass in the Not-to-Exceed Amount of
$20,000. Budgeted Funds – Capital Projects – RESOLUTION R-43-17
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”
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UNFINISHED BUSINESS
1. Award Bid for the 2017 Contract of Landscape Maintenance for City-Owned Greenspace to Diaz Group,
LLC, 2143 W. 51st Place, Chicago, IL in the Annual Amount of $108,130.98. Budgeted Funds – Facilities
and Grounds/Miscellaneous Contractual Services – RESOLUTION R-35-17 (deferred from 2/21/2017 City
Council Agenda)
NEW BUSINESS: IF REPORTED OUT BY COMMITTEE
1. a. RESOLUTION R-44-17: Warrant Register in the amount of $3,775,327.05
2. a. ORDINANCE Z-5-17: An Ordinance Granting a Conditional Use Permit for a Massage Establishment
in the C-3 Zoning District at 1517 East Oakton Street, Des Plaines, Illinois (Case #17-007-CU)
b. RESOLUTION R-45-17: A Resolution Supporting and Consenting to Class 7c Incentive for the
Property Located at 1517 Lee Street
c. ORDINANCE Z-6-17: An Ordinance Granting a Conditional Use Permit and Variations for an
Electronic Message Board Pole Sign Located at 380 Northwest Highway, Des Plaines, Illinois (Case
#17-005-CU-V)
d. ORDINANCE Z-7-17: An Ordinance Approving a Localized Alternative Sign Regulation
Plan/Conditional Use Permit for 10 East Golf Road, Des Plaines, Illinois (Case #17-011-CU)
3. a. n/a
4. a. n/a
b. n/a
5. a. RESOLUTION R-43-17: A Resolution Approving Task Order No. 9 with V3 Companies of Illinois,
Ltd., for Phase I Engineering and an Agreement with Union Pacific Railroad Company for their
Participation in Phase I Engineering for an S-Curve Pedestrian/Bicycle Underpass
6. a. RESOLUTION R-46-17: A Resolution Regarding Medical Insurance Program for Elected Officials
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 accessibilit y of the
meeting(s) or facilities, contact the ADA Co ordinator at 391-5486 to allow the City to make reasonable accommodations for these
persons.
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: March 1, 2017
To: Michael G. Bartholomew, MCP, LEED AP, City Manager
Michael McMahon, Community and Economic Development Director
From: Johanna Bye, AICP, Senior Planner
CC: Lauren Pruss, AICP, Economic Development Coordinator
Subject: Conditional Use for 10 E. Golf Road, 17-011-CU (4th Ward)
Issue: The petitioner is requesting a Conditional Use permit under Section 12-11-8 of the 1998 City of Des
Plaines Zoning Ordinance, as amended, for a Localized Alternative Sign Regulation in order to install three
wall signs totaling 300 square feet in area, when 125 square feet is permitted, in the C-3 Zoning District.
Analysis:
Conditional Use Report
Address: 10 E. Golf Road
Owners: Golf Road Ventures LLC, 2250 Southwind Boulevard, Bartlett, IL 60103
Petitioner: Lisa Neal, 232 W. Interstate Road, Addison, IL 60101
Case Number: 17-011-CU
Real Estate Index
Number: 09-18-100-004-0000
Ward: #4, Dick Sayad
Existing Zoning: C-3 General Commercial District
Existing Land Use: Previously an industrial use; construction of a new commercial building
(grocery) nearly complete
MEMORANDUM
Page 1 of 34
Surrounding Zoning: North: Single-Family Residential
South: General Commercial; Single-Family Residential
East: Single-Family Residential
West: General Commercial; Single-Family Residential
Surrounding Land Use: North: Residential
South: Commercial; Residential
East: Residential
West: Commercial; Residential
Street Classification: E. Golf Road is an arterial road
Comprehensive Plan: The Comprehensive Plan designates the site Community Commercial
The applicant, Lisa Neal of Doyle Signs, has requested a Conditional Use Permit for a Localized Alternative
Sign Regulation in order to install three wall signs totaling 300 square feet in area, when 125 square feet is
permitted, at 10 E. Golf Road. Mariano’s, the owner and user of the site, is nearing completion of a new
73,770 square foot grocery store on the 9.194 acre site. The site is accessed by four curbs cuts, two off of E.
Golf Road and two off of S. Mount Prospect Road. There are 401 parking spaces.
The petitioner proposes to install three ground signs (one each off of E. Golf Road, S. Mount Prospect Road,
and the intersection) and three wall signs (one each on the west, south, and east facades) at the site. The three
ground signs meet all zoning regulations for monument signs, including size, height and setbacks. Though
three wall signs are permitted, the total area of all wall signs exceeds what is permitted (125 square feet for
all wall signs) by 175 square feet (three signs at 100 square feet each, for a total of 300 square feet, are
proposed). The City Council has the authority to approve sign variations; however, no variation may be
granted which increases any dimension (height, length, width or area) to an amount over fifty percent (50%)
of the corresponding dimensions normally permitted, which in this case would be 187.5 square feet. As a
result, the petitioner is requesting a Localized Alternative Sign Regulation (a Conditional Use) to allow the
three wall signs to total 300 square feet in area. Please note that one wall sign, the sign on the south façade,
has received a permit and has been installed, as alone it does not exceed the 125 square feet permitted for all
wall signs. A request to waive the traffic study requirement was granted after review by staff based of the
proposed site plan and size of the operation.
Standards For Conditional Uses: The Planning and Zoning Board considered the particular facts and
circumstances of the conditional use requested in terms of the following standards. The petitioner has
addressed each of these standards in the Zoning Application.
1. The proposed conditional use is in fact a conditional use established within the specific zoning district
involved;
2. The proposed conditional use is in accordance with the objectives of the city's comprehensive plan and this
title;
3. The proposed conditional use is designed, constructed, operated, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity;
4. The proposed conditional use is not hazardous or disturbing to existing neighboring uses;
5. 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
Page 2 of 34
schools; or the persons or agencies responsible for the establishment of the proposed conditional use shall
provide adequately any such services;
6. The proposed conditional use does not create excessive additional requirements at public expense for public
facilities and services and not be detrimental to the economic welfare of the community;
7. 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;
8. The proposed conditional use provides vehicular access to the property that does not create an interference
with traffic on surrounding public thoroughfares;
9. The proposed conditional use does not result in the destruction, loss, or damage of a natural, scenic, or
historic feature of major importance; and
10. The proposed conditional use complies with all additional regulations in this title specific to the
conditional use requested. (Ord. Z-8-98, 9-21-1998)
The Planning and Zoning Board met on February 28, 2017 to consider the Conditional Use. The petitioner
presented the proposed sign details and stated that they would like to externally illuminate all three wall signs,
despite the sign on the east façade not being permitted to be illuminated per the Zoning Ordinance (12-11-
6(B)) as a result of the facade not facing a street or public highway. The Planning and Zoning Board discussed
the fact that the sign proposed for the east façade faces a park and that residences would not be affected by
the illumination, and did not concur with staff’s condition that the sign on the east façade not be illuminated.
One member of the public spoke about the development in general, not relevant to signage, and asked how
the City and Mariano’s were going to address concerns he has about seeing the building from his backyard.
Recommendation: The Planning and Zoning Board recommended (5-0) that the City Council approve the
Conditional Use permit for a Massage Establishment in the C-3 General Commercial District, subject to the
condition that the applicant be granted a variation as part of the Conditional Use to allow for the wall sign on
the east façade to be externally illuminated.
I recommend approval of the requested Conditional Use based upon the facts and circumstances presented in
the staff report, subject to the following condition: the wall sign on the east facade not be illuminated, either
internally or externally. Per the Zoning Ordinance (12-11-6(B)), if a building is located adjacent to a
residential zoning district, any wall sign installed on a non-street facing facade of the building that faces the
residential zoning district shall not be illuminated.
Pursuant to Section 12-3-4(D) (Conditional Uses), the City Council has the authority to approve, approve with
modifications, or disapprove the application.
It is requested that this item be placed on the March 6, 2017 City Council meeting agenda.
Attachments:
Attachment 1: Petitioner’s Conditional Use Application
Attachment 2: Location Map
Attachment 3: Site and Context Photos
Attachment 4: Request for Waiver of Traffic Study
Attachment 5: Letter from Planning & Zoning Board to the Mayor
Attachment 6: Draft Minutes excerpt of the February 28, 2017 Planning & Zoning Board hearing
Page 3 of 34
Exhibits:
Ordinance Z – 7 – 17 approving a Localized Alternative Sign Regulation Plan/Conditional Use Permit for 10
E. Golf Road.
Exhibit A: Land Title Survey prepared by Compass Surveying LTD and dated February 13, 2014
Exhibit B: Site Plan prepared by Doyle General Sign Contractors and dated May 17, 2016
Exhibit C: Building Elevations prepared by Doyle General Sign Contractors and dated May 17, 2016
Exhibit D: Sign Details prepared by Doyle General Sign Contractors and dated May 17, 2016
Exhibit E: Plan of Operation prepared by Lisa Neal and dated January 30, 2017
Exhibit F: Unconditional Agreement and Consent
Page 4 of 34
Attachment 1 Page 5 of 34
Attachment 1 Page 6 of 34
Attachment 1 Page 7 of 34
Attachment 1 Page 8 of 34
Attachment 1 Page 9 of 34
Attachment 2 Page 10 of 34
10 E. Golf Road – Public Notice
10 E. Golf Road – Installed Wall Sign on South Facade
10 E. Golf Road – View of East Facade
10 E. Golf Road – View of West Facade
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To Whom It May Concern::
Please find this letter to serve as our request to waive the need
for a traffic study. We do not feel that there is a need for the
traffic study due to the fact that the request is to permit and
install two wall mounted signs. The wall-mounted signs will not
interfere in any way with the traffic patterns at this location.
Should you have any further questions or concerns please feel
free to contact me.
Lisa Neal
Doyle Signs, Inc
Doyle Signs, Inc., General Sign Contractors
232 Interstate Road, P.O. Box 1068
Addison, IL 60101
Office: (630)543-9490 Fax: (630)543-9493
Attachment 4 Page 12 of 34
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
March 1, 2017
Mayor Bogusz and Des Plaines City Council
CITY OF DES PLAINES
Subject: Planning and Zoning Board, 10 E. Golf Road, 17-011-CU, 4th Ward
RE: Consideration of a Conditional Use for a Localized Alternative Sign Regulation at 10 E. Golf
Road
Honorable Mayor and Members of the Des Plaines City Council:
The Planning and Zoning Board met on February 28, 2017 to consider a Conditional Use Permit under Section
12-11-8 of the 1998 City of Des Plaines Zoning Ordinance, as amended, for a Localized Alternative Sign
Regulation to allow 300 square feet of wall signage total, when 125 square feet is permitted, at 10 E. Golf
Road, located in the C-3 General Commercial District of the City.
1. The Petitioner presented the proposal for three wall signs totaling 300 square feet in area. The
petitioner stated that they would like to externally illuminate all three wall signs, despite the sign on
the east façade not being permitted to be illuminated per the Zoning Ordinance (12-11-6(B)) as a result
of the facade not facing a street or public highway.
2. The Community and Economic Development Department recommended approval of the requested
Conditional Use Permit for a Localized Alternative Sign Regulation to allow 300 square feet of wall
signage total, subject to the condition that the wall sign on the east façade not be illuminated, as
restricted by the Zoning Ordinance (12-11-6(B)).
3. The Planning and Zoning Board discussed the fact that the sign proposed for the east façade faces a
park and that residences would not be affected by the illumination. The Planning and Zoning Board
did not concur with staff’s condition that the sign on the east façade not be illuminated.
4. The Planning and Zoning Board recommended (5-0) that the City Council approve the Conditional
Use Permit under Section 12-11-8 of the 1998 City of Des Plaines Zoning Ordinance, for a Localized
Alternative Sign Regulation to allow 300 square feet of wall signage total, when 125 square feet is
permitted, at 10 E. Golf Road, located in the C-3 General Commercial District of the City, subject to
the condition that the applicant be granted a variation as part of the Conditional Use to allow for the
wall sign on the east façade to be externally illuminated.
Respectfully submitted,
James Szabo,
Des Plaines Planning and Zoning Board, Chairman
Cc: City Officials and Aldermen
Attachment 5 Page 13 of 34
Case #17-011-CU-10 E. Golf Road-Conditional Use Permit
February 28, 2017
Page 1
DES PLAINES PLANNING AND ZONING BOARD MEETING
February 28, 2017
MINUTES
1. Address: 10 E. Golf Road Case 17-011-CU
The petitioner is requesting a Conditional Use Permit under Section 12-11-8 of the 1998 City of Des
Plaines Zoning Ordinance, as amended, for a Localized Alternative Sign Regulation in order to install three
wall signs totaling 300 square feet in area, when 125 square feet is permitted, in the C-3 Zoning District.
PIN: 09-18-100-004-0000
Petitioner: Lisa Neal, 232 W. Interstate Road, Addison, IL 60101
Owner: Golf Road Ventures LLC, 2250 Southwind Boulevard, Bartlett, IL 60103
Chairman Szabo swore in Terrence J. Doyle, 232 W. Interstate Road, Addison, IL 60101, who advised the
three wall signs proposed are typical Mariano’s signage and are proposed to be fabricated aluminum letters
mounted flush on the facade. Mr. Doyle stated they are illuminated with flood lamps that project onto the
signs. The building is 73,000 square feet and the signs represent less than 2% of the total façade area. The
signs are reasonable considering the size of the building. He stated that they do not agree with the condition
that the sign on the east façade not be illuminated, as the closest residence is 480’ away and they have not
had any issues with sign lighting at any of their other locations. If there is an issue, Mariano’s will be a good
neighbor and dim the lights. Board Member Green asked why the sign on the east façade needs to be
illuminated. Mr. Doyle stated the sign can be seen from Golf Road.
Board Member Saletnik stated that the sign on the west façade seems to be a bigger issue. Economic
Development Coordinator Lauren Pruss stated that this sign is permitted to be illuminated as it faces a street,
though the sign on the east façade does not and the Zoning Ordinance does not allow for this sign to be
illuminated. Board Member Saletnik asked if the Planning and Zoning Board can reject staff’s proposed
condition. Ms. Pruss stated yes, since it is a Conditional Use, though the City Council has final authority on
the matter. Board Member Hofherr stated that he has seen the lights at night and that they shine onto the
building and are not an issue.
Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did:
Issue: The petitioner is requesting a Conditional Use permit under Section 7.3-6.C of the 1998 City of Des
Plaines Zoning Ordinance, as amended, to operate a Food Processing Establishment in the C-3 Zoning
District.
Analysis:
Address: 10 E. Golf Road
Owners: Golf Road Ventures LLC, 2250 Southwind Boulevard, Bartlett, IL 60103
Petitioner: Lisa Neal, 232 W. Interstate Road, Addison, IL 60101
Case Number: 17-011-CU
Attachment 6 Page 14 of 34
Case #17-011-CU-10 E. Golf Road-Conditional Use Permit
February 28, 2017
Page 2
Real Estate Index
Number: 09-18-100-004-0000
Ward: #4, Dick Sayad
Existing Zoning: C-3 General Commercial District
Existing Land Use: Previously an industrial use; construction of a new commercial building (grocery)
nearly complete
Surrounding Zoning: North: Single-Family Residential
South: General Commercial; Single-Family Residential
East: Single-Family Residential
West: General Commercial; Single-Family Residential
Surrounding Land Use: North: Residential
South: Commercial; Residential
East: Residential
West: Commercial; Residential
Street Classification: E. Golf Road is an arterial road
Comprehensive Plan: The Comprehensive Plan designates the site Community Commercial
The applicant, Lisa Neal of Doyle Signs, has requested a Conditional Use Permit for a Localized Alternative
Sign Regulation in order to install three wall signs totaling 300 square feet in area, when 125 square feet is
permitted, at 10 E. Golf Road. Mariano’s, the owner and user of the site, is nearing completion of a new
73,770 square foot grocery store on the 9.194 acre site. The site is accessed by four curbs cuts, two off of E.
Golf Road and two off of S. Mount Prospect Road. There are 401 parking spaces.
The petitioner proposes to install three ground signs (one each off of E. Golf Road, S. Mount Prospect Road,
and the intersection) and three wall signs (one each on the west, south, and east facades) at the site. The three
ground signs meet all zoning regulations for monument signs, including size, height and setbacks. Though
three wall signs are permitted, the total area of all wall signs exceeds what is permitted (125 square feet for
all wall signs) by 175 square feet (three signs at 100 square feet each, for a total of 300 square feet, are
proposed). The City Council has the authority to approve sign variations; however, no variation may be
granted which increases any dimension (height, length, width or area) to an amount over fifty percent (50%)
of the corresponding dimensions normally permitted, which in this case would be 187.5 square feet. As a
result, the petitioner is requesting a Localized Alternative Sign Regulation (a Conditional Use) to allow the
three wall signs to total 300 square feet in area. Please note that one wall sign, the sign on the south façade,
has received a permit and has been installed, as alone it does not exceed the 125 square feet permitted for all
wall signs. A request to waive the traffic study requirement was granted after review by staff based of the
proposed site plan and size of the operation.
Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3-
4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has
the following comments:
A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning
district involved:
Attachment 6 Page 15 of 34
Case #17-011-CU-10 E. Golf Road-Conditional Use Permit
February 28, 2017
Page 3
Comment: A Localized Alternative Sign Regulation is a Conditional Use, as specified in Section 12-11-8 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 Community Commercial use for the site.
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 wall signs face E. Golf Road and S. Mount Prospect Road, two arterial roads lined
with commercial buildings and uses. The signs have been designed to keep with the size and architecture of
the building.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: The proposed wall signs will be constructed in accordance with established safety standards and
will be flush mounted to the building so as to not affect surrounding properties.
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: The proposed wall signs will have no effect on essential public facilities and 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 wall signs would not create a burden on public facilities nor would they be a
detriment to the economic well-being of the community.
G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or the general welfare by
reason of excessive production of traffic, noise, smoke fumes, glare or odors:
Comment: The proposed wall signs are not anticipated to create additional traffic or noise that could be
detrimental to surrounding land uses. However, Staff does recommend that the wall sign on the east façade,
which is not on a street and faces a residential zoning district, not be illuminated, either internally or
externally.
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 wall signs will not create an interference with traffic on surrounding public
thoroughfares.
I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic,
or historic features of major importance:
Attachment 6 Page 16 of 34
Case #17-011-CU-10 E. Golf Road-Conditional Use Permit
February 28, 2017
Page 4
Comment: The proposed wall signs would not cause the destruction, loss, or damage of any natural, scenic
or historic features of major importance. The wall signs will be placed on a newly constructed building.
J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance
specific to the Conditional Use requested:
Comment: Approval of the proposed Conditional Use for a Localized Alternative Sign Regulation will allow
the petitioner to exceed the maximum allowed area for all wall signs. The petitioner is proposing 300 square
feet of wall signage, when 125 square feet is permitted.
Recommendation: I recommend approval of the Conditional Use Permit for a Localized Alternative Sign
Regulation in order to install three wall signs totaling 300 square feet in area, when 125 square feet is
permitted, 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 the following condition: the wall sign on the east facade not be illuminated, either internally or
externally. Per the Zoning Ordinance (12-11-6(B)), if a building is located adjacent to a residential zoning
district, any wall sign installed on a non-street facing facade of the building that faces the residential zoning
district shall not be illuminated.
Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for
Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend
that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use
Permit for a Localized Alternative Sign Regulation in the C-3 General Commercial District. The City Council
has the final authority on the proposal.
Chairman Szabo asked if anyone is in favor of the proposal. No one responded. He asked if anyone objects.
The following came forward and was sworn in:
•Kenneth Lewis 120 Harvey Avenue
Mr. Lewis advised that he lives on the south side of Golf Road and that the rear of his property
faces the newly constructed Mariano’s. He stated that the building is an eyesore and that the
building lights are on until late in the evening. He asked what the City or Mariano’s will do to
improve the privacy in his yard. He inquired about Mariano’s building a wall. He stated that he
was not informed for the construction of the new building, but was informed for this Conditional
Use for signage.
Board Member Saletnik stated that the site and building were constructed per the requirements of the Zoning
Ordinance, and that is why the public did not need to be notified. Chairman Szabo stated that he may want
to consider reaching out to the manager at the Mariano’s.
A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to recommend
approval to City Council, subject to the condition that the applicant be granted a variation as part of
the Conditional Use to allow for the wall sign on the east façade to be externally illuminated.
AYES: Hofherr, Green, Saletnik, Schell, Szabo
NAYES: None
***MOTION CARRIED UNANIMOUSLY***
Chairman Szabo advised a recommendation for approval would be provided to City Council.
Attachment 6 Page 17 of 34
1
CITY OF DES PLAINES
ORDINANCE Z - 7 - 17
AN ORDINANCE APPROVING A LOCALIZED
ALTERNATIVE SIGN REGULATION
PLAN/CONDITIONAL USE PERMIT AND VARIATION
FOR 10 EAST GOLF ROAD, DES PLAINES, ILLINOIS
(Case #17-011-CU). ______________________________
WHEREAS, Golf Road Ventures, LLC ("Owner"), is the owner of that certain property
commonly known as 10 East Golf Road Des Plaines, Illinois (“Subject Property”); and
WHEREAS, the Subject Property is located in the C-3, General Commercial District ("C-
3 District"); and
WHEREAS, Lisa Neal on behalf of Roundy’s Illinois, LLC d/b/a Mariano’s #541
(“Petitioner”) desires to install three illuminated wall signs, one of which does not face a street;
and
WHEREAS, pursuant to Section 12-11-6.B of the City of Des Plaines Zoning Ordinance
of 1998, as amended ("Zoning Ordinance"), non-street facing wall signs may not be illuminated;
and
WHEREAS, Petitioner filed an application to the City of Des Plaines Department of
Community and Economic Development ("Department") for (i) a Conditional Use Permit
("Conditional Use Permit") for a localized alternative sign regulation plan that includes three wall
signs totaling 300 square feet where a maximum of 125 square feet is permitted, pursuant to
Sections 12-11-8 of the Zoning Ordinance; and (ii) a major variation from Section 12-11-6.B of
the Zoning Ordinance to permit the illumination of a non-street facing wall sign (“Variation”);
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 Planning and
Zoning Board of the City of Des Plaines (“PZB”); and
WHEREAS, within ninety (90) days after the date of the Petitioner's application, a public
hearing was held by the PZB on February 28, 2017 pursuant to publication in the Des Plaines
Journal on February 10, 2017; and
WHEREAS, notice of the public hearing was mailed to all property owners within 300
feet of the Subject Property; and
Page 18 of 34
2
WHEREAS, during the public hearing the PZB 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 12-3-4 of the Zoning Ordinance, the PZB filed a written
report with the City Council on February 28, 2017, summarizing the testimony and evidence
received by the PZB and stating its recommendation, by a vote of 7-0, to approve Petitioner’s
application, subject to certain conditions; and
WHEREAS, the Petitioner made certain representations to the PZB with respect to the
proposed conditional use, 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 Variation; and
WHEREAS, the City Council has considered the written report of the PZB, together with
the applicable standards for conditional use permits set forth in the Zoning Ordinance, and the
Community and Economic Development Staff Memorandum dated March 1, 2017, including the
attachments and exhibits thereto, and has determined that it is in the best interest of the City and
the public to grant the Petitioner's application in accordance with the provisions of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof, the same constituting the factual basis for this Ordinance.
SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject
Property is legally described as follows:
PARCEL 1:
THAT PART OF FRACTIONAL WEST ½ OF THE NORTHWEST
FRACTIONAL ¼ OF FRACTIONAL SECTION 18, TOWNSHIP 41 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT IN THE CENTER LINE OF GOLF
ROAD, AS NOW LAID OUT, 213.46 FEET SOUTHWESTERLY AS
MEASURED ON SAID CENTER LINE OF THE INTERSECTION OF SAID
CENTER LINE WITH THE EAST LINE OF SAID WEST ½ OF THE
NORTHWEST ¼ OF SECTION 18, THENCE NORTHWESTERLY AT RIGHT
ANGLES TO SAID CENTER LINE OF GOLF ROAD 250 FEET, THENCE
SOUTHWESTERLY PARALLEL TO THE CENTER LINE OF GOLF ROAD,
398.75 FEET MORE OR LESS TO AN INTERSECTION WITH THE WEST
LINE OF SAID SECTION 18, THENCE SOUTH ON THE WEST LINE OF
Page 19 of 34
3
SECTION 18, 255.98 FEET MORE OR LESS TO AN INTERSECTION WITH
THE CENTER LINE OF GOLF ROAD, THENCE NORTHEASTERLY ON THE
CENTER LINE OF GOLF ROAD, 453.79 FEET MORE OR LESS TO THE
PLACE OF BEGINNING IN COOK COUNTY, ILLINOI. (EXCEPT THAT
PART FILLING IN GOLF ROAD)
PARCEL 2:
THAT PART OF THE NORTHWEST FRACTIONAL ¼ OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF FRACTIONAL SECTION 18 AFORESAID;
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 18, 250
FEET; THENCE EASTERLY ON A LINE FORMING AN ANGLE OF 81
DEGREES 50 MINUTES FROM THE SOUTH TO EAST WITH SAID WEST
LINE OF SECTION 18, 50.51 FEET FOR A POINT OF BEGINNING OF THE
TRACT HEREIN DESCRIBED SAID POINT BEING THE SOUTHWESTERLY
CORNER OF LOT 70 IN HERZOG’S FIFTH ADDITION TO DES PLAINES;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID HERZOG’S
FIFTH ADDITION TO DES PLAINES 142.96 FEET; THENCE SOUTHERLY
ON A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY LINE OF
HERZOG’S FIFTH ADDITION TO DES PLAINES 160 FEET; THENCE
WESTERLY ON A LINE PARALLEL WITH THE SOUTHERLY LINE OF
HERZOG’S FIFTH ADDITION TO DES PLAINES 120.00 FEET TO AN
INTERSECTION WITH THE EAST LINE OF MOUNT PROSPECT ROAD,
BEING A LINE 50 FEET EAST OF AND PARALLEL WITH THE WEST LINE
OF SAID SECTION 18; THENCE NORTH ALONG THE EAST LINE OF
MOUNT PROSPECT ROAD, 161.64 FEET TO THE POINT OF BEGINNING IN
COOK COUNTY, ILLINOIS
PARCEL 3:
THAT PART OF FRACTIONAL WEST ½ OF THE NORTHWEST
FRACTIONAL ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST
OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER
LINE OF SEEGERS ROAD NOW KNOWN AS GOLF ROAD OF COOK
COUNTY, ILLINOIS EXCEPT (1) THE EAST 83.56 FEET THEREOF (2) THAT
PART THEREOF FALLING WITHIN THE BOUNDARIES OF HERZOG’S
FIFTH ADDITION TO DES PLAINES A SUBDIVISION OF PART OF THE
SOUTHWEST ¼ OF SECTION 7, AND PART OF THE NORTHWEST ¼ OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN, (3) PARCELS 1 AND 2 AS HEREINABOVE
DESCRIBED IN COOK COUNTY, ILLINOIS (4) THE EAST 17 FEET OF THE
WEST 50 FEET TAKEN PURSUANT TO ORDERS ENTERED IN CASE 84 L
52056.
Page 20 of 34
4
EXCEPTING FROM PARCELS 1 AND 3 THAT PART OF THE LAND TAKEN
FOR ROAD PURPOSES BY CONDEMNATION PROCEEDINGS HAD IN
CASE NO. 67 L 13163, DESCRIBED AS FOLLOWS: THAT PART OF THE
FRACTIONAL WEST ½ OF THE NORTHWEST FRACTIONAL QUARTER OF
FRACTIONAL SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE CENTER LINE, OF GOLF (EVANSTON-ELGIN)
ROAD, WITH THE WEST LINE OF THENCE NORTHEASTERLY ALONG A
LINE PARALLEL WITH THE CENTER LINE OF GOLD (EVANSTON-ELGIN)
ROAD, A DISTANCE OF 33.79 FEET FOR A POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG AN EXTENSION OF THE LAST
DESCRIBED LINE A DISTANCE OF 17.41 FEET TO A POINT ON A LINE
PARALLEL WITH AND DISTANT 50 FEET EAST OF THE WEST LINE OF
SAID SECTION 18; THENCE SOUTH ALONG SAID LINE PARALLEL WITH
AND DISTANCE 50 FEET EAST OF WEST LINE OF SAID SECTION 18 A
DISTANCE OF 157 FEET TO A POINT; THENCE SOUTHEASTERLY ALONG
A STRAIGHT LINE A DISTANCE OF 63.20 FEET TO A POINT ON A LINE
PARALLEL WITH A DISTANCE 55 FEET NORTHWESTERLY OF THE
CENTER LINE OF GOLF (EVANSTON-ELGIN) ROAD; THENCE
NORTHEASTERLY ALONG SAID LINE, PARALLEL WITH AND DISTANCE
55 FEET NORTHWESTERLY OF THE CENTERLINE OF GOLF (EVANSTON-
ELGIN) ROAD A DISTANCE OF 90.0 FEET TO A POINT; THENCE
SOUTHEASTERLY ALONG A STRAIGHT LINE A DISTANCE OF 90.12 FEET
TO A POINT ON THE RIGHT OF WAY LINE OF GOLF (EVANSTON-ELGIN)
ROAD SAID NORTHERLY LINE OF GOLF (EVANSTON-ELGIN) ROAD
BEING PARALLEL WITH AND DISTANCE 50.0 FEET NORTHWESTERLY
OF THE CENTERLINE OF GOLF (EVANSTON-ELGIN) ROAD; THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY LINE OF GOLF
(EVANSTON-ELGIN) ROAD TO A POINT IN SAID EAST LINE OF MOUNT
PROSPECT ROAD; THENCE NORTH ALONG SAID EAST LINE OF MOUNT
PROSPECT ROAD, A DISTANCE OF 204.79 FEET TO THE POINT OF
BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
ALSO THAT PART OF THE FRACTIONAL WEST ½ OF THE NORTHWEST
FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE
12, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT THE
INTERSECTION OF THE CENTERLINE OF GOLF (EVANSTON-ELGIN)
ROAD, WITH THE WEST LINE OF SECTION 18; THENCE NORTH ALONG
THE WEST LINE OF SAID SECTION 18 A DISTANCE OF 255.98 FEET TO A
POINT; THENCE NORTHEASTERLY ALONG A LINE PARALLEL WITH
THE CENTER LINE OF GOLF (EVANSTON-ELGIN) ROAD, A DISTANCE OF
33.79 FEET FOR A POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG AN EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF
17.41 FEET TO A POINT ON A LINE PARALLEL WITH, AND DISTANCE 50
FEET EAST OF THE WEST LINE OF SAID SECTION 18; THENCE NORTH
Page 21 of 34
5
ALONG SAID LINE PARALLEL WITH, AND DISTANCE 50 FEET EAST OF
THE WEST LINE OF SAID SECTION 18; THENCE NORTH ALONG SAID
LINE PARALLEL WITH AND DISTANCE 50 FEET EAST OF THE WETS LINE
OF SAID SECTION 18 A DISTANCE OF 499.37 FEET TO A POINT; THENCE
NORTHWESTERLY ALONG A STRAIGHT LINE, A DISTANCE OF 17.17
FEET TO A POINT ON THE EASTERLY LINE OF MOUNT PROSPECT ROAD,
SAID LINE BEING PARALLEL WITH AND DISTANCE 33 FEET EAST OF
THE WEST LINE OF SAID SECTION 18; THENCE SOUTH ALONG SAID
EASTERLY LINE OF MOUNT PROSPECT ROAD, A DISTANCE OF 505.55
FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
ALSO EXCEPTING THEREFROM THAT PART OF FRACTIONAL WEST ½
OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE
12 LYING NORTH OF THE CENTER LINE OF SEEGER’S ROAD WHICH IS
IN THE FOLLOWING DESCRIBED TRACT: COMMENCING AT THE
NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH ALONG
THE WEST LINE OF SAID SECTION 18 FOR A DISTANCE OF 1134 FEET;
THENCE NORTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE
OF 102 DEGREES 25 MINUTES TO THE LEFT WITH A PROLONGATION OF
THE LAST DESCRIBED COURSE FOR A DISTANCE OF 21.2 FEET TO THE
POINT OF BEGINNING, WHICH IS ON THE EASTERLY RIGHT OF WAY
LINE OF MOUNT PROSPECT ROAD, THENCE NORTHEASTERLY ALONG
A CONTINUATION OF THE LAST DESCRIBED COURSE FOR A DISTANCE
OF 407.5 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY
LINE OF SEEGER ROAD; THENCE SOUTHWESTERLY ALONG SAID
NORTHERLY RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 177
DEGREES 18 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE
LAST DESCRIBED COURSE FOR A DISTANCE OF 412 FEET TO A POINT
ON THE EASTERLY RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF
105 DEGREES 7 MINUTES TO THE RIGHT WITH A PROLONGATION OF
THE LAST DESCRIBED COURSE FOR A DISTANCE OF 17.5 FEET MORE
OR LESS THAN POINT OF BEGINNING, AS DEDICATED FOR ROAD
PURPOSES BY INSTRUMENT DATED NOVEMBER 26, 1930 AND
RECORDED APRIL 28, 1931 AS DOCUMENT 10890723.
PIN: 09-18-100-004-0000
Commonly known as 10 East Golf Road, Des Plaines, Illinois
SECTION 3. CONDITIONAL USE PERMIT. Subject to and contingent upon the
conditions, restrictions, limitations and provisions set forth in Section 4 of this Ordinance, the City
Council hereby grants the Petitioner the Conditional Use Permit to authorize a localized alternative
sign regulation plan for the Subject Property that includes three wall signs totaling 300 square feet
Page 22 of 34
6
in area where a maximum of 125 square feet is permitted. The Conditional Use Permit granted by
this Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-
25 of the Illinois Municipal Code, 65 ILCS 5/11-13-25.
SECTION 4. VARIATIONS. The City Council finds that the Variation satisfies the
standards set forth in Section 3.6-8 of the Zoning Ordinance and, pursuant to the City’s home rule
powers, that the 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 Variation for the Subject Property to the Petitioner.
SECTION 5. CONDITIONS. The Conditional Use Permit granted in Section 3 of this
Ordinance shall be, and is hereby, expressly subject to and contingent upon the following
conditions, restrictions, limitations, and provisions:
A. Compliance with Law and Regulations. The development, use, operation, and
maintenance of the Subject Property, by the Petitioner must comply with all applicable City codes
and ordinances, as the same have been or may be amended from time to time, except to the extent
specifically provided otherwise in this Ordinance.
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.That certain "Land Title Survey" prepared by Compass Surveying LTD, consisting
of one sheet, and dated February 13, 2014, attached to, and by this reference made
a part of, this Ordinance as Exhibit A; and
Page 23 of 34
7
2.That certain "Site Plan" prepared by Doyle General Sign Contractors, consisting of
one sheet, and dated May 17, 2016, attached to, and by this reference made a part
of, this Ordinance as Exhibit B.
3.Those certain "Building Elevations" prepared by Doyle General Sign Contractors,
consisting of one sheet, and dated May 17, 2016, attached to, and by this reference
made a part of, this Ordinance as Exhibit C.
4.Those certain "Sign Details" prepared by Doyle General Sign Contractors,
consisting of one sheet, and dated May 17, 2016, attached to, and by this reference
made a part of, this Ordinance as Exhibit D.
5.That certain "Plan of Operation" prepared by Lisa Neal, consisting of one sheet,
and dated January 30, 2017, attached to, and by this reference made a part of, this
Ordinance as Exhibit E.
SECTION 6. RECORDATION; BINDING EFFECT. A copy of this Ordinance must
be recorded in the Office of the Cook County Recorder of Deeds. This Ordinance and the
privileges, obligations, and provisions contained herein run with the Subject Property and inure to
the benefit of, and are binding upon, the Petitioner and its respective personal representatives,
successors, and assigns, including, without limitation, subsequent purchasers of the Subject
Property.
SECTION 7. FAILURE TO COMPLY WITH CONDITIONS.
A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined
not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00)
for each offense. Each and every day that a violation of this Ordinance is allowed to remain in
effect shall constitute a complete and separate offense. In addition, the appropriate authorities of
the City may take such other action as they deem proper to enforce the terms and conditions of
this Ordinance, including, without limitation, an action in equity to compel compliance with its
Page 24 of 34Page 24 of 34
8
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 4 of this Ordinance, the Conditional Use Permit granted in Section 3 of this
Ordinance may be revoked after notice and hearing before the Zoning Administrator of the City,
all in accordance with the procedures set forth in Section 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 District. Further, in the event of such revocation of the Conditional Use
Permit, the City Manager and City's General Counsel are hereby authorized and directed to bring
such zoning enforcement action as may be appropriate under the circumstances. The Petitioner
acknowledges that public notices and hearings have been held with respect to the 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
Ordinance is provided to the Petitioner.
SECTION 8. EFFECTIVE DATE.
A. This Ordinance shall be in full force and effect only after the occurrence of the
following events:
1. its passage and approval by the City Council in the manner provided by law;
2. its publication in pamphlet form in the manner provided by law;
3.the filing with the City Clerk by the Petitioner, not less than 60 days after the
passage and approval of this Ordinance, of an unconditional agreement and consent
Page 25 of 34
9
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 F; 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.4 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 9. 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]
Page 26 of 34
10
PASSED this _____day of ____________, 2017.
APPROVED this _____ day of ____________, 2017.
VOTE: AYES _____ NAYS _____ ABSENT ______
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
______ day of ________________, 2017.
CITY CLERK Peter M. Friedman, General Counsel
I, __________________________, being the owner or other party in interest of the
property legally described within this Ordinance, having read a copy of the Ordinance, do hereby
accept, concur and agree to develop and use the Subject Property in accordance with the terms of
this Ordinance.
Dated:
(Signature)
DP-Ordinance Approving a Conditional Use Permit (CUP) for a Localized Alternative Sign Regulation Plan and Variation at 10 E. Golf Road
Page 27 of 34
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To Whom It May Concern::
Mariano’s Market is looking for relief from the sign code in
order to install two wall signs to the East and West building
elevations. The signs will measure 99 square feet each and will
exceed the allowable square footage allowed by the sign code.
The sign code allows this location to have 125 square maximum
for the lot. Mariano’s had permitted a wall sign for the South
Elevation that currently measures 99 square feet.
Should you have any further questions or concerns please feel
free to contact me.
Lisa Neal
Doyle Signs, Inc
Doyle Signs, Inc., General Sign Contractors
232 Interstate Road, P.O. Box 1068
Addison, IL 60101
Office: (630)543-9490 Fax: (630)543-9493
Exhibit E Page 32 of 34
EXHIBIT F
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The City of Des Plaines, Illinois ("City"):
WHEREAS, Lisa Neal on behalf of Roundy’s Illinois, LLC d/b/a Mariano’s #541
(“Petitioner”), applied to the City of Des Plaines for a conditional use permit for a localized
alternative sign regulation plan ("Conditional Use Permit") that includes three wall signs totaling
300 square feet where a maximum of 125 square feet is permitted; on that certain property
commonly known as 10 East Golf Road, Des Plaines, Illinois ("Subject Property") pursuant to
Section 12-3-4 of the City of Des Plaines Zoning Ordinance of 1998, as amended; and
WHEREAS, the Subject Property is owned by Golf Road Ventures, LLC ("Owner"),
which has consented to the Petitioner's application; and
WHEREAS, the Subject Property is located within the C-3 General Commercial District;
and
WHEREAS, Ordinance No. Z-__-17 adopted by the City Council of the City of Des
Plaines on , 2017 ("Ordinance"), grants approval of the Conditional Use
Permit, subject to certain conditions; and
WHEREAS, Petitioner and Owner desire to evidence to the City its unconditional
agreement and consent to accept and abide by each of the terms, conditions, and limitations set
forth in said Ordinance, and the Petitioner desires to evidence its consent to recording the
Ordinance against the Subject Property upon obtaining fee simple title thereto;
NOW, THEREFORE, Petitioner and Owner do hereby agree and covenant as
follows:
1. Petitioner and Owner hereby unconditionally agree to accept, consent to and abide
by all of the terms, conditions, restrictions, and provisions of that certain Ordinance
No. Z-__-17, adopted by the City Council on _______________, 2017.
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 and 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
Exhibit F Page 33 of 34
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.
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 hereby agrees 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: ROUNDY’S ILLINOIS, LLC D/B/A
MARIANO’S #541
By: By:
SUBSCRIBED and SWORN to
before me this _______ day of
___________________, 2017.
Notary Public
ATTEST: GOLF ROAD VENTURES, LLC
By:
SUBSCRIBED and SWORN to
before me this _______ day of
___________________, 2017.
____________________________________
Notary Public
Exhibit F Page 34 of 34
OFFICE OF THE MAYOR
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5301
desplaines.org
Date: February 23, 2017
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Matthew J. Bogusz, Mayor
Subject: Elected Officials Health Insurance
Issue: Change the City’s insurance plan for Elected Officials to match what is offered to City employees.
Analysis: The City Council recently signed contracts with AFSCME and MECCA which represent 102
employees collectively. These contracts eliminate PPO1 and HMO2 as medical insurance options to
employees as of January 1, 2018. The 53 non-represented employees have also been notified that those
options will no longer be offered to them as of January 1, 2018.
Some Aldermen have consistently rejected the elimination of health insurance to Elected Officials.
February 1, 2016 – A motion was made to direct Staff to prepare an ordinance or resolution to eliminate the
health insurance benefit for elected officials. Aldermen Smith and Rodd agreed. Aldermen Haugeberg,
Robinson, Sayad, Brookman and Chester did not agree. Motion failed.
February 1, 2017 - A motion was made to direct Staff to prepare a referendum question for the November 8,
2016 ballot as follows: “Should the City of Des Plaines offer the health and dental insurance benefit for
elected officials?” Alderman Smith and Rodd agreed. Aldermen Haugeberg, Robinson, Sayad, Brookman
Chester and Charewicz did not agree. Motion failed.
March 21, 2016 - Ordinance M-9-16 was presented retaining the health insurance benefit for elected
officials. Ayes: Chester, Charewicz, Haugeberg, Robinson, Sayad, Brookman. Nays: Smith, Rodd.
Motion carried.
April 4, 2016 – Mayoral veto of Ordinance M-9-16 retaining the health insurance benefit for elected
officials.
April 18, 2016 – Motion to override the veto by Mayor Bogusz announced on April 4, 2016. Ayes:
Haugeberg, Robinson, Sayad, Brookman, Chester, Charewicz. Nays: Rodd, Smith. Motion carried.
MEMORANDUM
Page 1 of 4
August 8, 2016 – Petitions were submitted to place an advisory referendum question on the November 8,
2016 ballot. “Shall part-time elected officials of the City of Des Plaines receive taxpayer-funded health,
dental and life insurance benefits?”
August 18, 2016 – Advisory referendum on whether Elected Officials should receive health insurance was
withdrawn after challenges were filed. Petition circulator Wayne Woodworth stated that it would have been
too costly to provide legal defense and they didn’t want the City to incur additional legal fees for the
electoral board.
Elected Officials should not receive a benefit that they voted to eliminate from the employees.
Recommendation: I recommend approval of Resolution R-46-17 changing the City’s insurance plan for
Elected Officials to match what is offered to City employees.
Attachment:
Resolution R-46-17
Page 2 of 4
CITY OF DES PLAINES
RESOLUTION R-46-17
A RESOLUTION DECLARING INTENT OF MAYOR AND
CITY COUNCIL NOT TO ELECT TO ENROLL IN PPO1
AND HMO2 PLANS COMMENCING JANUARY 2018.
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, the City has made health insurance coverages offered to its full time
employees available by ordinance to the Mayor and the City Council, which the elected officials
may, but are not required to, enroll in, under the same terms as the City’s full time employees; and
WHEREAS, the City Manager and human resources staff have determined that two
currently offered health insurance coverage plans, PPO1 and HMO2, are no longer cost-effective
means of providing appropriate levels of coverage for the City’s full time employees, and thus are
in the process of eliminating these plans; and
WHEREAS, on January 3, 2017, the City Council adopted Resolution R-5-17, which
approved a new contract with City employees represented by AFSCME which eliminated PPO1
and HMO2 as coverage options starting in 2018; and
WHEREAS, on February 6, 2017, the City Council adopted Resolution R-23-17, which
approved a new contract with City employees represented by MECCA which eliminated PPO1
and HMO2 as coverage options starting in 2018; and
WHEREAS, on February 7, 2017, City employees not represented by a union were
notified that PPO1 and HMO2 would not be available coverage options beginning in 2018 ; and
WHEREAS, in the interest of parity and fairness the Mayor and the members of the City
Council have decided to voluntarily forgo the option of maintaining PPO1 or HMO2 as coverage
options for themselves commencing as of January 1, 2018;
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: DECLARATION. The Mayor and the City Council declare their intention
to forgo PPO1 and HMO2 as health insurance coverage options commencing January 1, 2018.
SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
Page 3 of 4
PASSED this ___ day of _________________, 2017.
APPROVED this ___ day of ____________________, 2017.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
Page 4 of 4