The URL can be used to link to this page

20190520 Council Packet Monday, May 20, 2019 Closed Session – 6:00 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION PERSONNEL COLLECTIVE BARGAINING LITIGATION PROBABLE OR IMMINENT LITIGATION SALE, PURCHASE, OR LEASE OF PROPERTY REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PRESENTATION RAND PARK DOG TRAINING CLUB DONATION SWEARING-IN CEREMONY BATTALION CHIEF WILLIAM RICE FIRE LIEUTENANT MICHAEL KISZKOWSKI CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS | CONSENT AGENDA 1. ORDINANCE M-14-19: Approving a New Class A Liquor License for Taqueria Mexico 2000 #3 Corporation, 965 Elmhurst Road, Replacing a Class F Liquor License 2. RESOLUTION R-96-19: Approving Task Order No. 9 with SpaceCo, Inc., Rosemont, IL in an Amount Not- to-Exceed $279,500 for 2019 CIP Contract C – Construction Engineering Services 3. RESOLUTION R-101-19: Approving the Third Amendment to the Agreement with SpeedLink, New Port Richey, FL in the Amount of $63,995.00. Budgeted Funds – IT/R&M Equipment. 4. RESOLUTION R-98-19: Awarding the Bid for Thermoplastic Lane Marking #158 through the Suburban Purchasing Cooperative (Northwest Municipal Conference) to Superior Road Striping, Inc., Melrose Park, Illinois in the Not-to-Exceed Amount of $55,000. Budgeted Funds – Capital Projects/Street Pavement Markings and TIF #1 Miscellaneous Contractual Services. 5. RESOLUTION R-99-19: Awarding the Bid for the 2019 CIP Concrete Improvements MFT 19-00000-01- GM Project to Low Bidder Martam Construction, Inc., Elgin, IL in the Amount of $1,283,475.00. Budgeted Funds – Motor Fuel Tax. 6. RESOLUTION R-100-19: Awarding the 2019 CIP Contract A – Street & Utility Improvements Project to Lowest Responsible Bidder John Neri Construction Co., Inc., Addison, IL in the Amount of $6,676,386.45. Budgeted Funds – Capital Projects and CIP Water/Sewer Funds. 7. RESOLUTION R-102-19: Approving the 2019-2020 Annual Membership Renewal to the Northwest Municipal Conference (NWMC) in the Amount of $25,528.00. Budgeted Funds – Elected Office. 8. Minutes/Regular Meeting – May 6, 2019 9. SECOND READING – ORDINANCE M-13-19: Approving a New Class E Liquor License for Allegretti’s Stuffed Pizza, Inc., 933 E. Oakton Street 10. SECOND READING – ORDINANCE Z-7-19: Granting a Conditional Use Permit to Operate a Commercially Zoned Assembly Use in the C-3 Zoning District at 2064 S. River Road, Des Plaines, Illinois 11. RESOLUTION R-105-19: Approving the Purchase of One Utility Step Van per Specifications to Northwest Trucks, Inc., Palatine, IL in the Amount of $167,243. Budgeted Funds – Equipment Replacement. 12. RESOLUTION R-106-19: Approving the Police Department Elevator Modernization Project with Anderson Elevator Company, Broadview, Illinois, in the Amount of $154,700. Budgeted Funds – General/Public Works & Engineering/Facilities & Grounds Maintenance/Police Department. END OF CONSENT AGENDA | COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION – Chairman to be Determined a. Warrant Register in the Amount of $3,393,159.63 – RESOLUTION R-103-19 2. COMMUNITY DEVELOPMENT – Chairman to be Determined a. Consideration of a Major Variance for a Proposed Billboard at 2811 Mannheim Road – ORDINANCE Z-6-19 b. Consideration of Revocation and Cancellation of the Cook County Class 6b Property Tax Abatement at 521 Santa Rosa Drive – RESOLUTION R-80-19 c. Consideration of Rezoning from C-3 to R-4, Major Variances, and Conditional Use for Congregate Housing at 915 Lee Street (Case #19-014-CU-MAP) – ORDINANCE Z-11-19 d. Consideration of a Resolution in Support of a Cook County Class 6b Tax Incentive for Core Sherwin, LLC, 1600-1710 Sherwin Avenue – RESOLUTION R-104-19 e. Consideration of Conditional Use for Commercially Zoned Assembly Use, a Conditional Use for a Private School and a Major Variation for Off-Street Parking at 820-848 Lee Street, Case #19-015-CU- V – ORDINANCE Z-12-19 f. Consideration of a Request to Convene the Joint Review Board, Conduct a Public Hearing at the August 5, 2019 City Council Meeting, and to Create an Interested Parties Registry for the Purposes of Creating a Proposed Tax Increment Finance District Related to the Oakton Corridor – RESOLUTION R-97-19 3. LEGAL & LICENSING – Chairman to be Determined a. Consideration of a Lease Agreement with Onesti Entertainment Corporation for the Operation of the Des Plaines Theatre – RESOLUTION R-107-19 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. SECOND READING – ORDINANCE Z-39-18: Amending the Text of Section 12-11-6 of the Des Plaines Zoning Ordinance Regarding Billboards (First Reading Occurred on 12/17/2018 City Council Agenda; Deferred Second Reading from 4/15/2019 City Council Agenda to 5/20/2019) | NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-103-19: Warrant Register in the amount of $3,393,159.63 2. a. ORDINANCE Z-6-19: Approving a Major Variation from Section 12-11-6.B of the City of Des Plaines Zoning Ordinance at 2811 Mannheim Road b. RESOLUTION R-80-19: Requesting the Revocation and Cancellation of a Class 6b Classification for the Property Located at 521 Santa Rosa Drive c. ORDINANCE Z-11-19: Approving a Zoning Map Amendment, Major Variances, and Conditional Use Permit for a Congregate Housing Center at 915 Lee Street d. RESOLUTION R-104-19: Approving a Resolution in Support of a Cook County Class 6b Tax Incentive for Core Sherwin, LLC, 1600-1710 Sherwin Avenue e. ORDINANCE Z-12-19: Granting Conditional Use Permits and a Major Variation at 820-848 Lee Street f. RESOLUTION R-97-19: Convening the Joint Review Board, Setting the Time and Place for a Public Hearing, and Creating an Interested Parties Registry for the Designation of a Redevelopment Project Area on Oakton Street, the Approval of a Tax Increment Redevelopment Plan and Project, and the Adoption of Tax Increment Allocation Financing 3. a. RESOLUTION R-107-19: Approving a Lease Agreement with the Onesti Entertainment Corporation for the Operation of the Des Plaines Theatre 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. OFFICE OF the MAYOR 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: May 15, 2019 To: Aldermen Cc: Michael G. Bartholomew, City Manager From: Matthew J. Bogusz, Mayor Subject: Presentation At the beginning of the May 20, 2019 City Council Meeting, Rand Park Dog Training Club will be presenting a donation to the City of Des Plaines Police and Fire Departments. This donation will be spent on the safety and care of the Police canines and Fire Department animal rescues. MEMORANDUM Page 1 of 1 FIRE DEPARTMENT 405 S. River Road Des Plaines, IL 60016 P: 847.391.5333 desplaines.org Date: May 1, 2019 To: Michael Bartholomew, City Manager From: Alan Wax, Fire Chief Subject: Swearing-In of Battalion Chief William Rice and Fire Lieutenant Michael Kiszkowski Issue: Due to the retirement of Christopher Wozny that created a vacancy in the Battalion Chief ranks, we are promoting Lieutenant William Rice to the position of Battalion Chief. With Lieutenant Rice’s promotion to Battalion Chief, Firefighter/Paramedic Michael Kiszkowski is being promoted to the Lieutenant position being vacated by Rice. Analysis: For both positions, these gentlemen were subject to rigorous processes, and they did very well. Based on their past performances and these assessments, I am confident that they will be very successful in their new positions. We ask that these men be introduced and ceremonially sworn-in to their new posts at the May 20th City Council meeting. Recommendation: I request that the Mayor swear-in Battalion Chief Rice and Lieutenant Kiszkowski to their new positions at the beginning of the City Council meeting on May 20, 2019; and I invite the Mayor, Aldermen, and public to join me in congratulating these personnel on their promotions. MEMORANDUM 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: April 24, 2019 To: Honorable Aldermen From: Matthew J. Bogusz, Local Liquor Commissioner Cc: Vickie Baumann, Secretary/Licensing Division Subject: Liquor License Request for a Change in Liquor License Classification and Location Attached please find a Liquor License request for the following applicant: Taqueria Mexico 2000 #3 Corp 965 Elmhurst Rd (previously at 967 ½ Elmhurst Rd) Class A – Tavern / 250 seats or less - consumption on premises only - New Increase from 32 to 33 Class F – Restaurant Dining Room- Beer Only - Decrease from 1 to 0 The complete application packet is on file in the Community and Economic Development Department. The required posting will be completed May 20, 2019 and all necessary fees have been secured. This request will come before you on the Consent Agenda of the City Council meeting of Monday, May 20, 2019. Matthew J. Bogusz Mayor Local Liquor Commissioner Attachments: Ordinance M-14-19 Application Packet Page 1 of 9 [Deleted text is struck through; inserted text is bold and double underlined.] 1 CITY OF DES PLAINES ORDINANCE M - 14 - 19 AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE AND REMOVE ONE C L A S S F L I Q U O R L I C E N S E . WHEREAS, Taqueria Mexico 2000 #3 Corp., ("Applicant") submitted an application to the Department of Community and Economic Development for a change in liquor license classification from a Class F liquor license to a Class A liquor license for the premises located at 965 South Elmhurst Road, Des Plaines, Illinois ("Premises"), pursuant to Chapter 4 of Title 4 of the Des Plaines City Code ("City Code"); and WHEREAS, the City desires to issue one Class A liquor license to the Applicant for the Premises; and WHEREAS, the City Council has determined that it is in the best interest of the City to grant the Applicant a Class A liquor license for the Premises; 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: APPROVAL OF LIQUOR LICENSE. The City Council hereby grants the Applicant a Class A Liquor License for the Premises. SECTION 3: 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: 4-18-1: FEE SCHEDULE: Section Fee Description Number Term Fee New Chapter 4 Liquor Control 4-4-5A License Fees and Number Class Number Term Initial Fee Annual Fee Class A 32 33 Annual $3,630.00 $1,815.00 *** Class F 1 0 Annual $2,860.00 $1,430.00 *** Page 2 of 9 [Deleted text is struck through; inserted text is bold and double underlined.] 2 SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. PASSED this _____day of ____________, 2019. A P P R O V E D this _____ day of ____________, 2019. V O T E : AYES _____ NAYS _____ ABSENT ______ M A Y O R ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2019. C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l DP-Ordinance Add One Class E Liquor License for Allegrettis 933 E Oakton St Page 3 of 9 Page 4 of 9Attachment 1 Page 5 of 9Attachment 1 Page 6 of 9Attachment 1 Page 7 of 9Attachment 1 Page 8 of 9Attachment 1 Page 9 of 9Attachment 1 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: April 22, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: 2019 Capital Improvement Program (CIP) Projects - Contract C Construction Engineering Issue: Due to the size of this year’s capital improvement program, we are unable to provide in house staffing for construction engineering services for Contract C. Accordingly, we requested a proposal from the design engineering firm on the project, SpaceCo Inc., to provide the construction engineering. The 2019 City budget includes funding for this professional consulting in connection with the project. Analysis: The proposal submitted by SpaceCo, Inc. allows for a Resident Engineer, two inspectors and two substitutes to cover absences during the course of the $4.1 million construction project. SpaceCo has successfully provided the City with construction engineering personnel on previous capital improvement program projects; most recently, the 2018 CIP Contracts A and B and the Lee Street Streetscape Improvements. They have demonstrated their engineering competence and understanding of the construction and permitting requirements associated with these projects. In addition, we have had a positive work experience with them in the past. The hourly rates are consistent with prior construction engineering assignments. The summary of SpaceCo Inc. proposal is below. 2019 Capital Improvement Program Contact C Estimated Workload Breakdown 1-Resident Engineer 500 hours @ $145.00 per hour $ 72,500.00 2-Engineering Inspectors 900 hours each @ $115.00 per hour $207,000.00 Total Cost $279,500.00 Recommendation: We recommend approval of Task Order No. 9 with SpaceCo, Inc., 9575 West Higgins Road, Suite 700, Rosemont, IL 60018, in an amount not to exceed of $279,500 for the 2019 CIP Contract C - Construction Engineering Services. Source of funding is budgeted Capital Projects Funds. Attachments: Resolution R-96-19 Exhibit A – Task Order No. 9 MEMORANDUM Page 1 of 10 1 CITY OF DES PLAINES RESOLUTION R - 96 - 19 A RESOLUTION APPROVING TASK ORDER NO. 9 WITH SPACECO, INC. FOR CONSTRUCTION ENGINEERING SERVICES. ____________________________________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on June 5, 2017, the City Council approved Resolution R-105-17, authorizing the City to enter into a master contract ("Master Contract") with SpaceCo, Inc. ("Consultant") for the performance of certain engineering services for the City as such services are needed over time; and WHEREAS, the City desires to procure 1,400 hours of construction inspection services related to the 2019 CIP Street and Utility Improvements – Contract C project ("Services") to assist the Department of Public Works and Engineering; and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of the City of Des Plaines and the City’s purchasing policy, the City Council has determined that procurement of the Services does not require competitive bidding because the Services require a high degree of professional skill where the ability or fitness of the individual plays an important part; and WHEREAS, the City has a positive existing relationship with the Consultant, which has satisfactorily performed engineering services for the City in the past; and WHEREAS, the City requested a proposal from Consultant to perform the Services; and WHEREAS, Consultant submitted a proposal for the performance of the Services in the not-to-exceed amount of $279,500; and WHEREAS, the City has sufficient funds in the Capital Projects Fund for the procurement of the Services from Consultant; and WHEREAS, the City desires to enter into Task Order No. 9 under the Master Contract for the performance of the Services by Consultant in the not-to-exceed amount of $279,500 ("Task Order No. 9"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 9 with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: Page 2 of 10 2 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 TASK ORDER NO. 9. The City Council hereby approves Task Order No. 9 in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE TASK ORDER NO. 9. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 9 only after receipt by the City Clerk of at least one executed copy of Task Order No. 9 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of Task Order No. 9 from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal Task Order No. 9 will, at the option of the City Council, be null and void. 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 ____________, 2019. APPROVED this _____ day of _____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Task Order No 9 from SpaceCo for Engineering Services CIP Contract C Page 3 of 10 TASK ORDER NO. 9 TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND SPACECO, INC. FOR CONSTRUCTION ENGINEERING SERVICES In accordance with Section 1.2 of the Master Contract dated June 5, 2017 between the City of Des Plaines (the “City”) and SPACECO, Inc., 9575 West Higgins Road, Suite 700, Rosemont, IL 60018 (the “Consultant”), the Parties agree to the following Task Order Number 9: 1. Contracted Services: The Consultant will perform the services described in the "Scope of Basic Services" set forth in the "Construction Engineering Services Proposal for Capital Improvement Program – Contract C, Des Plaines, Illinois, SPACECO Project No. 10531.02" prepared by Consultant, submitted to the City, and dated April 19, 2019 ("Proposal"). 2. Project Schedule (attach schedule if appropriate): The Project Schedule is set forth in the Capital Improvement Program Street and Utility Improvements 2019 CIP - Contract C Street and Utility Improvements Specification Booklets. 3. Project Completion Date: The Consultant will diligently and continuously prosecute the Services until their completion, per the 2019 Capital Improvement Program – Contract C Street and Utility Improvements Specification Booklets. 4. Project Specific Pricing (if applicable): In exchange for the Contracted Services, the Consultant will receive compensation on a time and materials basis in the amounts set forth in the Pricing Schedule attached to the Master Contract as Attachment B, but in no event will the compensation paid to the Consultant exceed $279,500 as set forth in the Proposal under the section titled "Fees". 5. Additional Changes to the Master Contract (if applicable): Not applicable. In the event of a conflict between any provision of the Proposal and this Task Order No. 9 of the Master Contract, this Task Order No. 9 and the Master Contract will control. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Exhibit A Page 4 of 10 2 CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works & Engineering __________________________________ Name (Printed or Typed) ____________________, 2019 ____________________, 2019 Date Date If greater than, $2,500, the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 2019 Date If greater than $20,000, the City Council must approve the Task Order in advance and the City Manager's signature is required. _______________________________________ Signature City Manager ____________________, 2019 Date #26478055_v1 Exhibit A Page 5 of 10 April 19, 2019 VIA EMAIL Mr. Jon Duddles, PE Assistant Director of Public Works and Engineering City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Phone: 847-391-5464 Fax: 847-297-6801 RE: CONSTRUCTION ENGINEERING SERVICES PROPOSAL 2019 CAPITAL IMPROVEMENT PROGRAM – CONTRACT C DES PLAINES, ILLINOIS (SPACECO Project No. 10531.02) Dear Jon: In response to your request, SPACECO, Inc. is pleased to provide you with this proposal for construction engineering services related to the construction of the 2019 CIP – Contract “C”. The purpose of these services is to provide Phase III Construction Observation and Engineering for the proposed project. The following describes our Understanding of the Assignment, Scope of Services, and Fee. UNDERSTANDING OF THE ASSIGNMENT Our Team has recently completed the Phase I and Phase II portions of the project. The City of Des Plaines is seeking a qualified civil engineering firm to provide construction observation and Resident Engineer services for the proposed improvements. The project will be bid in the spring of 2019 with construction set to commence around May 6, 2019. ASSUMPTIONS This proposal is based upon the constructions bid documents listed below: • Plans for proposed City of Des Plaines 2019 Street & Utility Improvements Contract C with latest revisions of March 1, 2019 prepared by SPACECO, Inc. • Notice to Bidders, Standard Specification, Supplemental Specification and Recurring Special Provisions for 2019 CIP Contract C prepared by SPACECO, Inc. • In an effort to reduce direct printing costs any major printing shall be coordinated with City of Des Plaines and executed by the City. Exhibit A Page 6 of 10 2 SCOPE OF BASIC SERVICES TASK 1 – REVIEW PLANS AND SPECIFICATIONS WITH ASSIGNED FIELD STAFF: 1. Provide City with List of Assigned Staff for the Project. 2. Verification of the Scope of Work. 3. Document the Existing Conditions. TASK 2 – SCHEDULE AND ATTEND PRE-CONSTRUCTION MEETING: 1. Notify the City’s Utility Representatives of the Time and Place of Meeting. 2. Notify Affected City Departments / Divisions 3. Transcribe Minutes of the Meeting. 4. Assist the City with contract award, contractor references and availability, material selection and approval. TASK 3 – ASSIST IN THE NOTIFICATION TO RESIDENTS AFFECTED BY CONSTRUCTION: 1. Draft Letters to Individual Households, Businesses, Schools, and Park with Proposed Schedule to be mailed by the City. 2. Provide Contact Person for Information / Complaints – an Emergency 24 Hr. Phone will be required for each project engineer. 3. Provide the City with pertinent information related to the project, i.e. schedule updates, milestone completion, traffic control and pedestrian access modifications, etc. for inclusion into the City of Des Plaines Construction Update Blog. TASK 4 – CONSTRUCTION OBSERVATION: 1. Provide Full Time Resident Engineer(s) / Inspector(s) for the major construction activities during the 2019 construction season up to the interim completion date of November 20, 2019. 2. Provide support Inspector(s) / Technician(s) as needed. 3. Provide Quality Assurance / Quality Control of Materials as required by the City. We intend to partner with a Geotechnical Consultant to provide the QA material testing services, scheduling of testing with be coordinated by the Resident Engineer. 4. Verify initial installation of Construction Warning Signs & Devices in Accordance with the Plans. 5. Inspect, document, and inform the Contractor and the Village of the adequacy of the establishment and maintenance of traffic control. Perform all necessary traffic control checks. SPACECO, Inc. will document deficiencies and Contractor response to notice of. SPACECO, Inc. will also inform the City and IDOT of deficiencies and if Contractor does not correct enforce as contract stipulates. 6. Coordinate Work with the Utility Companies, City Water, Sewer Divisions and Street Lighting Division. 7. Maintain Project Diary and Daily Inspection Reports. 8. Submit Monthly Progress Reports to City. 9. Monitor and Coordinate the submittal Review Process. Exhibit A Page 7 of 10 3 TASK 5 – CONSTRUCTION DOCUMENTATION: 1. Track Quantities Related to Each Pay Item. 2. Establish and Maintain Schedule for Progress Payments. 3. Develop and Verify Payment Requests. 4. Assure that all Documentation follows IDOT Standards. TASK 6 – CONSTRUCTION CLOSE OUT: 1. Verify Final Measurements / Quantities with Contractor. 2. Prior to Final Inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. 3. Develop a FINAL PUNCHLIST and verify satisfactory completion. 4. Provide a Final Project Accounting/Documentation. 5. Provide As-Built Drawings in Electronic Format. 6. Conduct Final Inspection with Village Representatives. 7. Process Final Payment. 8. Complete Project Close-Out and Submit all Paperwork Required. SUPPLEMENTAL SERVICES Normal and customary engineering and surveying services do not include service in respect to the following categories of work which are usually referred to as Supplemental Services. If the Client shall so advise SPACECO, Inc., we shall perform or obtain from others such serv ices. SPACECO, Inc. will be paid on an hourly basis or based on subsequent proposal/contract agreements, at the option of Client. Additional Supplemental Services for the project include, but are not limited to the following: • Services due to major changes in the general scope of the project. • Revising studies, reports, and design documents which the Client, the municipality, and/or other governmental agencies have previously approved. • Providing Engineering Design and Construction Services for: • Unusual or unanticipated improvements. • Additional off-site improvements requested by the Client or governmental agencies. • Improvements necessary to the project development beyond those being included under Basic Services herein. • Retaining walls over three feet in height. • NPDES/Erosion Control Report. • Traffic impact studies, capacity analyses, warrant studies, intersection design studies, construction documents for any traffic control devices (signals, etc.). • Determining the 100-year Base Flood Elevation (BFE) and developing the required documentation in support of the floodplain fill activities. • Meetings with the Client, Contractor(s), the municipal staff, or others during the course of design or construction not included under Basic Services. • Giving testimony as an expert witness for the Client in litigation or other court proceedings involving this project. • Photocopying and final printing. Reimbursable expenses including messenger, overnight delivery services, facsimile, photography, postage, mileage, tolls and mounting drawings. Exhibit A Page 8 of 10 Exhibit A Page 9 of 10 5 Estimated Workload Breakdown. Item Staff Estimated Hours Hourly Rate Budget Task 1-6 Samantha Roti, EIT 900 115.00$ 103,500.00$ Task 1-6 Matthew Murphy, EIT 900 115.00$ 103,500.00$ Task 1-6 Ted Ward, P.E.500 145.00$ 72,500.00$ TOTAL ESTIMATED BUDGET NOT TO EXCEED:279,500.00$ 2019 Capital Improvement Program Contract C Exhibit A Page 10 of 10 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: May 2, 2019 To: Michael G. Bartholomew, City Manager From: Romeo Sora, Director Information Technology Subject: Barracuda 995 Backup Server Maintenance Agreement Renewal Issue: The 2019 budget includes funding for the City’s Barracuda 995 Backup Server Maintenance Agreement renewal with SpeedLink. Analysis: On May 4, 2016, the City issued a Bid in order to solicit qualified vendors to furnish the City with a Barracuda Backup 995 Server. On May 18, 2016, the City received two bids. The first bid was from SpeedLink totaling $119,646.00, while the second bid was from SHI International Corp totaling $124,000.00. SpeedLink was awarded the bid to furnish the City of Des Plaines with the Barracuda Backup 995 server, and all applicable service and maintenance subscriptions. SpeedLink is a “Partner of Record” with Barracuda, and as such has preferential pricing in place with Barracuda that other vendors would not receive. SpeedLink has consistently provided the City of Des Plaines with the lowest price pertaining to Barracuda products and services. Recommendation: I re commend the City Council waive bidding requirements and approve the Third Amendment to the Agreement with SpeedLink, 4039 Floramar Ter, New Port Richey, FL 34652, in the amount of $63,995.00. The maintenance agreement will be funded from the budgeted IT R&M Equipment Account (100-20-230-0000-6305). Attachments: Attachment A - Barracuda Partner of Record Letter Resolution – R-101-19 Exhibit A – Third Amendment of Agreement Exhibit 1 – SpeedLink Quote Page 1 of 8 Page 2 of 8Attachment A CITY OF DES PLAINES RESOLUTION R - 101 - 19 A RESOLUTION APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH SPEEDLINK SOLUTIONS, INC. FOR BACKUP SERVER MAINTENANCE AND CLOUD STORAGE SERVICES.________________________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, Speedlink Solutions, Inc. (“Vendor”) currently provides the City with subscriptions to (i) Barracuda Backup 995 Server Energizer Updates, (ii) Instant Replacement; and (iii) Barracuda Backup 995 Server Unlimited Cloud Storage (collectively, “Subscriptions”) pursuant to that certain “City of Des Plaines Contract for Pricing and Delivery of a Barracuda Backup Server” dated as of June 17, 2016 (“Agreement”); and WHEREAS, the Subscriptions provide services relating to the City’s Barracuda 995 Backup Server (“Server”) including updates and maintenance services, replacement protection in the event the Server becomes inoperable, and unlimited cloud-based backup storage for Server data; and WHEREAS, on June 5, 2017, City Council approved Resolution No. R-103-17, approving the First Amendment to the Agreement, which renewed the Agreement for an additional one-year term beginning June 17, 2017 and ending June 17, 2018; and WHEREAS, on May 21, 2018, City Council approved Resolution No. R-108-18, approving the Second Amendment to the Agreement, which renewed the Agreement for a second additional one-year term beginning June 18, 2018 and ending June 18, 2019; and WHEREAS, the City and Vendor desire to further amend the Agreement to renew the Agreement for a third additional one-year term beginning on June 19, 2019 and ending on June 19, 2020 ("Third Amendment") in an amount not to exceed $63,995; and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of Des Plaines and the City purchasing policy, the City Council desires to waive competitive bidding for the continued procurement of the Subscriptions from the Vendor; and WHEREAS, sufficient funds have been appropriated to procure the Subscriptions during the 2019 fiscal; and WHEREAS, the City Council has determined that entering into the Third Amendment with Vendor will serve and be in the best interest of the City; Page 3 of 8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the purchase of the Subscriptions is hereby waived. SECTION 3: APPROVAL OF THIRD AMENDMENT. The City Council hereby approves the Third Amendment in substantially the form attached to this Resolution as Exhibit A. SECTION 4: EXECUTION OF THIRD AMENDMENT. The City Manager and the City Clerk are authorized and directed to execute and seal, on behalf of the City, the Third Amendment upon receipt by the City Clerk of at least one original copy of the Third Amendment executed by Vendor; provided, however, that if the executed copy of the Third Amendment is not received by the City Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the City Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2019. APPROVED this _____ day of _____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Barracuda 995 Backup Server Maintenance Agreement with Speedlink 2019 Page 4 of 8 THIRD AMENDMENT OF AGREEMENT BY AND BETWEEN THE CITY OF DES PLAINES AND SPEEDLINK SOLUTIONS, INC. FOR BACKUP SERVER MAINTENANCE AND CLOUD STORAGE SERVICES THIS THIRD AMENDMENT is made and entered into as of the _____ day of _________, 2019, by and between the City of Des Plaines, an Illinois home rule municipal corporation (“City”), and Speedlink Solutions, Inc., a Florida corporation ("Vendor"). In consideration of the recitals and mutual covenants and agreements set forth in this Renewal, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows: Section 1. Recitals. A.The City and the Vendor entered into that certain "City of Des Plaines Contract for Pricing and Delivery of a Barracuda Back Up Server" dated as of June 16, 2016 ("Agreement"). B.Pursuant to the Agreement, the City agreed to procure from the Vendor a new Barracuda 995 Backup Server (“Server”) and one-year subscriptions to (i) the Barracuda Backup 995 Server Energizer Updates; (ii) Instant Replacement; (iii) and Barracuda Backup 995 Server Unlimited Cloud Storage, as more fully described in Exhibits A and B attached to and incorporated into the Agreement (collectively, "Subscriptions"), and the Vendor agreed to provide the Server and Subscriptions to the City. C.On June 5, 2017, the City and Vendor entered into that certain “First Amendment of Agreement By and Between the City of Des Plaines and Speedlink Solutions, Inc. for Backup Server Maintenance and Cloud Storage Services,” which amended the Agreement to provide for a one-year renewal term and renew the term of the Agreement for a period commencing June 17, 2017 and ending June 18, 2018 (“First Amendment”). D.On May 21, 2018, the City and Vendor entered into that certain “Second Amendment of Agreement By and Between the City of Des Plaines and Speedlink Solutions, Inc. for Backup Server Maintenance and Cloud Storage Services,” which amended the Agreement to provide for a one-year renewal term and renew the term of the Agreement for a period commencing June 18, 2018 and ending June 18, 2019 (“Second Amendment”). E.Section 7.H of the Agreement provides that the City and the Vendor may mutually agree to amend the Agreement, provided the amendment is reduced to writing. F.The City and Vendor desire to further amend of the Agreement (“Third Amendment”) to allow for a Third one-year renewal term of the Subscriptions (“Third Subscription Renewal”) commencing June 19, 2019 and ending June 19, 2020 (“Third Renewal Term”). Section 2.Definitions. A.Definitions. All initial-capitalized words and phrases used throughout this Third Amendment have the meanings set forth in the various provisions of this Third Amendment. If a word or phrase is not specifically defined in this Third Amendment or the Third Subscription Renewal, it has the same meaning as in the Agreement. Page 5 of 8Exhibit A B. Rules of Construction. Except as specifically provided in this Third Amendment, all terms, provisions and requirements contained in the Agreement and the remain unchanged and in full force and effect. In the event of a conflict between the text of the Agreement or the text of the First Amendment and the text of this Third Amendment, the text of this Third Amendment controls. Section 3. Third Renewal. The City and Vendor hereby amend Section 3 of the Agreement to allow for a Third one-year renewal term for the Subscriptions and hereby renew the term of the Agreement for the Subscriptions for a period commencing June 18, 2018 and ending June 18, 2019. Section 4. Pricing. During the Third Subscription Renewal, the City will pay the Vendor for the Services in accordance with the Schedule of Prices attached to, and by this reference made a part of, this Third Amendment as Exhibit 1. Section 5. Termination. Either the City or the Vendor may terminate this Third Amendment, the Third Subscription Renewal, and the Agreement without cause by delivering to the other party written notice of termination, which termination will be effective 90 days after the delivery of the notice. Section 6. Effect. All terms, conditions, and provisions of the Agreement that are not specifically amended, modified, or supplemented by this Third Amendment will remain unchanged and in full force and effect as if fully set forth herein. In the event of a conflict between the text of the Agreement, or any part thereof, or the text of the First Amendment and the text of this Third Amendment, the text of this Third Amendment will control. IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by their duly authorized representatives. (SIGNATURE PAGE FOLLOWS) Page 6 of 8Exhibit A ATTEST: CITY OF DES PLAINES By: By: Jennifer L. Tsalapatanis, City Clerk Michael Bartholomew, City Manager Date: Date: WITNESS: SPEEDLINK SOLUTIONS, INC. By: By: Print Name: Print Name: Date: Date: Page 7 of 8Exhibit A Quote Date 4/22/2019 Quote # BC-DSPLN256 Name / Address City of Des Plaines Accts Payable 1420 Miner St Des Plaines, IL 60016-4498 P.O. No.Terms Net 30 Due Date 5/22/2019 Rep JE Account # DESPLAINES FOB Phone # 630-904-5254 Fax #E-mail jevans@speedlnk.com Total Subtotal Sales Tax (0.0%) Freight is prepay and add on all orders Signature 4039 Floramar Ter New Port Richey, FL 34652 Item Description Qty Cost Total BBS 995 renewal BC-BBS995a-e1 BBS 995 1 Year EU 1 12,943.00 12,943.00T BC-BBS995a-h1 BBS 995 1 Year IR 1 15,843.00 15,843.00T BC-BBS995-b1 BBS995 1 Year Unlimited Cloud Backup Storage 1 35,209.00 35,209.00T Support renewal on Barracuda BBS995 63,995.00 BAR-BS-788513 Support expires 06/18/2019 _____________________________________ Thank you for the Opportunity to provide this quote. Prices are good for 30 Days. $63,995.00 $63,995.00 $0.00 Page 8 of 8Exhibit 1 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: April 26, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Bid Award through NWMC – Thermoplastic Lane Marking Issue: The approved 2019 budget includes $55,000 for pavement marking improvements throughout the City. Analysis: The Public Works and Engineering Department contracts thermoplastic street lane marking each year based on a citywide survey of existing markings. Thermoplastic is a plastic resin applied while hot, which gives it a much longer wear life than latex paint. This project consists of removing and remarking centerlines, crosswalks, stop bars, and parking lane lines. Attached is a copy of the Suburban Purchasing Cooperative (Northwest Municipal Conference) contract #158 extension summary for thermoplastic lane marking. Below are the effective rates for 2019 which reflects no increase in rates from 2018: Item Description Unit of Measure 2019 4 inch marking line Lineal feet $0.52 6 inch marking line Lineal feet $0.76 12 inch marking line Lineal feet $1.52 24 inch marking Line Lineal feet $3.78 Letters & Symbols Square feet $3.51 Removal Square feet $0.41 Recommendation: We recommend approval of the thermoplastic lane marking bid award #158 through the Suburban Purchasing Cooperative (Northwest Municipal Conference), from Superior Road Striping Inc., 1967 Cornell Court, Melrose Park, Illinois 60160, in the not-to-exceed amount of $55,000. This project will be funded from budgeted Capital Projects Street Pavement Markings (400-00-000-0000.6165) and TIF #1 Miscellaneous Contractual Services (201-00-000-0000.6195). Attachments: Attachment 1 - Suburban Purchasing Cooperative Contract #158 Extension Award Letter Resolution R-98-19 MEMORANDUM Page 1 of 4 Attachment 1 Page 2 of 4 1 CITY OF DES PLAINES RESOLUTION R - 98 - 19 A RESOLUTION AUTHORIZING THE PROCUREMENT OF STREET LANE MARKING WORK FROM SUPERIOR ROAD STRIPING, INC. 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, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the City has appropriated funds in the Capital Projects Street Pavement Markings Fund and the TIF #1 Miscellaneous Contractual Services Fund for use by the Public Works and Engineering Department during the 2019 fiscal year for the procurement of pavement and street lane marking work (“Work”); and WHEREAS, the City is a member of the Northwest Municipal Conference ("NWMC"), a corporate organization representing municipalities and townships located within the State of Illinois and the Counties of Cook, DuPage, Kane, Lake and McHenry; and WHEREAS, the City participates in the NWMC Suburban Purchasing Cooperative ("SPC"), which permits local governments to purchase commodities and services according to contracts bid and negotiated by the NWMC, resulting in significant savings for the City; and WHEREAS, the SPC sought bids for SPC Contract #158 for the procurement of the Work; and WHEREAS, the SPC identified Superior Road Striping, Inc. (“Contractor”) as the lowest responsible bidder for SPC Contract #158; and WHEREAS, the City has determined that the SPC's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, the City Council has determined that it is in the best interest of the City to procure the Work from Contractor in accordance with Contract #158 in the unit price amounts of $0.52 per linear foot for four-inch lines, $0.76 per linear foot for six-inch lines, $1.52 per linear foot for 12-inch lines, $3.78 per linear foot for 24-inch lines, $3.51 per square foot for letters and symbols, and $0.41 per square foot for the removal of pavement and street markings, all in the total not-to-exceed amount of $55,000; Page 3 of 4 2 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 PROCUREMENT. The City Council approves the procurement of the Work from Contractor pursuant to SPC Contract #158 in the total not-to-exceed amount of $55,000. SECTION 3: AUTHORIZATION OF PROCUREMENT. The City Manager is authorized and directed to execute such documents approved by the General Counsel and to make such payments, on behalf of the City, as are necessary to complete the procurement of the Work from Contractor pursuant to SPC Contract #158 in the total not-to-exceed amount of $55,000. 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 _________________, 2019. APPROVED this ___ day of ____________________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Contract for Street Lane Marking with Superior Road Striping through NWMC 2019 Page 4 of 4 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: May 1, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: 2019 Capital Improvement Program (CIP) Concrete Improvements MFT 19-00000-01-GM – Bid Award Issue: Bids for the 2019 CIP Concrete Improvements, MFT 19-00000-01-GM were opened on May 1, 2019. The scope of work includes removal and replacement of uneven sidewalk, deteriorated or settled curb and gutter, and landscape restoration at various locations throughout the City. The project also includes removal of existing alley pavements and constructing previous concrete pavement at the following locations: LOCATION LIMITS ACTIVITY Thacker/Oakwood Ct Third -Dead End Alley Reconstruction Algonquin/Van Buren Wolf -Fifth Alley Reconstruction Oakwood/Walnut Cora-White Alley Reconstruction Analysis: Following are the bid results: BIDDER’S NAME BID AMOUNT Martam Construction, Inc $ 1,283,475.00 A Lamp Concrete Contractors, Inc $ 1,301,985.50 Schroeder & Schroeder, Inc $ 1,602,801.50 The Engineer’s Estimate was $1,216,669.57. Recommendation: References supplied by the low bidder, Martam Construction, Inc., are favorable. We recommend award of the 2019 CIP Concrete Improvements, MFT 19-00000-01-GM project to Martam Construction, Inc., 1200 Gasket Drive, Elgin, IL 60120, in the amount of $1,283,475.00. Source of funding is budgeted funds: Motor Fuel Tax. Attachments: Attachment 1 - Bid Tabulation Resolution R-99-19 Exhibit A - Contract MEMORANDUM Page 1 of 39 Attended By: Unit Quantity S.F.53475 S.F.53700 S.F.150 L.F.1171 EACH 151 IN.-DIA.51 IN.-DIA.142 L.F.2464 L.F.2594 L.F.95 L.F.50 L.F.125 C.Y.140 C.Y.240 C.Y.140 S.Y.2020 S.Y.2110 S.Y.570 S.Y.570 S.Y.1540 L.F.60 S.Y 580 S.Y.1975 S.Y.310 S.Y.165 TON 239 EACH 13 EACH 7 EACH 4 EACH 27 L.F.47 L.F.107 EACH 9 S.F.21 L.F.140 S.Y.283 L.F.21565 Ea/CAL MO 6 L.S.1 L.S.1 C.Y.0 L.F.0 TON 0 C.Y.0 S.Y.0 5 $1,283,475.00 $1,301,985.50 $1,602,801.50 Total Bid As Read:$1,283,475.00 $1,301,985.50 $1,602,801.50 As Calculated: 80.00$ 65.00$ AUP 5 DRIVEWAY PAVEMENT REMOVAL AND HMA REPLACEMENT 63.00$ 50.00$ 36.00$ AUP 4 POROUS GRANULAR EMBANKMENT 65.00$ 40.00$ AUP 3 TEMPORARY PAVEMENT PATCH 80.00$ 30.00$ 200.00$ AUP 2 EXPLORATION TRENCH 285.00$ 250.00$ 250.00$ 75.00$ 2,100.00$ 4,669.50$ 20.00$ 5,660.00$ 16.50$ 6,750.00$ 2,500.00$ 12,000.00$ 12,000.00$ 7,500.00$ 7,500.00$ 6,750.00$ 35 TELESCOPING STEEL SIGN SUPPORT 12.33$ 1,726.20$ 25.00$ 3,500.00$ 4,174.25$ 18.00$ 5,094.00$ TOPSOIL PLACEMENT, 4" AND SODDING 38 45,000.00$ 45,000.00$ 27,500.00$ 91.00$ 546.00$ 250.00$ 1,500.00$ 300.00$ 1,800.00$ 350.00$ 2,100.00$ 27,500.00$ 39 TRAFFIC CONTROL AND PROTECTION 172,520.00$ 2.00$ 43,130.00$ 8.50$ 183,302.50$ 111,491.05$ 8.00$ 37 TOPSOIL PLACEMENT, 4" AND SEEDING 5.17$ 25.00$ 630.00$ 50.00$ 1,050.00$ 20.00$ 420.00$ 472.50$ 30.00$ 1,350.00$ SIGN PANEL, TYPE 1 22.50$ 36 34 25.00$ 3,500.00$ 15.00$ 33 REMOVE SIGN PANEL ASSEMBLY 40.00$ 32 150.00$ 4,050.00$ 9,450.00$ 7.05$ 25.00$ 1,175.00$ 10.00$ 470.00$ 31 THERMOPLASTIC PVMT. MARKING LINE, 12 INCH 2.95$ 138.65$ 15.00$ 705.00$ 2,675.00$ 754.35$ 3,210.00$ 50.00$ 5,350.00$ 6,750.00$ 150.00$ 150.00$ 125.00$ 500.00$ 175.00$ 700.00$ 500.00$ 250.00$ 2,250.00$ 50.00$ 450.00$ AUP 1 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL 700.00$ 9,100.00$ 850.00$ 11,050.00$ 27 MH, CB, VV TO BE ADJUSTED, NEW FRAME & LID 695.00$ 9,035.00$ 850.00$ 11,050.00$ 9,450.00$ 5,145.00$ 950.00$ 6,650.00$ 850.00$ 5,950.00$ 1,350.00$ 4,050.00$ 250.00$ 40 CONTRACTOR FURNISHED CONSTRUCTION LAYOUT 2,500.00$ 29 68.00$ 150.00$ PORTABLE TOILET THERMOPLASTIC PVMT MARKING - LINE, 24" 360.00$ ITEMS TO BE FURNISHED AND CONSTRUCTED ONLY IF REQUESTED IN WRITING BY THE ENGINEER 8,250.00$ 25 22,320.00$ 78.00$ 24,180.00$ 80.00$ 24,800.00$ 85.00$ 24 DRIVEWAY PAVEMENT REMOVAL AND 8" P.C.C. REPL. 28 SANITARY MH TO BE ADJUSTED, NEW FRAME & LID 735.00$ INLET FILTER 125.00$ 30 CURB BOXES TO BE ADJUSTED TEMPORARY AGGREGATE, CA-6 16.00$ 3,824.00$ 11.00$ 6,270.00$ 12.00$ 6,840.00$ 80.00$ 46,400.00$ 86.00$ 49,880.00$ 50.00$ 3,000.00$ 50.00$ 3,000.00$ 3,900.00$ HMA DRIVEWAY SURFACE COURSE, REMOVAL & REPL.40.75$ 6,723.75$ 26,350.00$ DRIVEWAY PAVEMENT REMOVAL AND 6" P.C.C. REPL.138,250.00$ 65.00$ 128,375.00$ 70.00$ 138,250.00$ 72.00$ 142,200.00$ 55.00$ 9,075.00$ 50.00$ 41,760.00$ PAVEMENT PATCHING 75.00$ 43,500.00$ 72.00$ STORM SEWER, PVC SDR 26, PERFORATED W/ SLEEVE, 6" DIA.60.00$ 3,600.00$ 146,300.00$ 85.00$ 130,900.00$ PERVIOUS CONCRETE PAVEMENT, 8" 65.00$ 95.00$ 6,840.00$ 300,300.00$ 125.00$ 192,500.00$ 195.00$ 30.00$ 4,200.00$ 38.00$ 5,320.00$ 80,800.00$ 25.00$ 50,500.00$ 40.00$ 1.50$ 3,165.00$ 2.00$ 4,220.00$ 15 GRANULAR EMBANKMENT 37.50$ 5,250.00$ 56.00$ 7,840.00$ 7,170.00$ 1.00$ 239.00$ 18.00$ 4,302.00$ 26 72.00$ 50,500.00$ 28.00$ 56,560.00$ 25.00$ 2.00$ 4.00$ 8,440.00$ 7.00$ 3,990.00$ 12.00$ 54.00$ 350.00$ 70.00$ 30.00$ 8,910.00$ 600.00$ 14.75$ 50,000.00$ 50,000.00$ 40,000.00$ 40,000.00$ 30.00$ 69.00$ 39,330.00$ 67.00$ 10,080.00$ 375.00$ 4,250.00$ 5.00$ 625.00$ 45.00$ 45,600.00$ 175.00$ 99,750.00$ 38,190.00$ 80.00$ 4,220.00$ 9,660.00$ 56.00$ 13 EARTH EXCAVATION 3.00$ 375.00$ 3.00$ 6,300.00$ 42.00$ 5,880.00$ 42.88$ 6,003.20$ 40.00$ 5,680.00$ 35.00$ 4,970.00$ 14,784.00$ 5.00$ 12,320.00$ 6.00$ 18 P.C.C. PAVEMENT, 8" 17 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION 19 AGGREGATE BASE COURSE, TYPE B, 8" 22 21 20 11 23 7 TREE REMOVAL (OVER 15 INCH-DIA.)80.00$ 11,360.00$ 35.00$ 4,970.00$ 31.00$ 2,945.00$ 59.00$ 9 COMB. CURB AND GUTTER REPLACEMENT, VARIOUS TYPES 27.00$ 70,038.00$ 9,856.00$ 6.00$ 14,784.00$ 39.00$ 4,750.00$ 10,800.00$ 1,950.00$ EARTH EXCAVATION (WIDENING) 40.00$ 2,000.00$ 27.00$ NEW TY B CURB 42.00$ 40.25$ 37.00$ 3,515.00$ 72,632.00$ 27.50$ 71,335.00$ 1,350.00$ 8 COMB. CURB AND GUTTER REMOVAL 5,605.00$ 50.00$ 16 34.00$ 56.00$ 7,840.00$ 45.00$ PAVEMENT REMOVAL, 20" 4.00$ 101,166.00$ 28.00$ 13,440.00$ 10 INTEGRAL CURB REMOVAL & REPLACEMENT 12 CURB KEYWAY 40.00$ 2,000.00$ 39.00$ 14 TREE ROOT PRUNING 86.75$ 13,099.25$ 1,171.00$ 2,342.00$ 1.00$ 1,171.00$ 2.00$ 2,342.00$ 1.00$ 120.00$ 18,120.00$ 125.00$ 18,875.00$ 4 REINFORCEMENT BARS, EPOXY COATED 2.00$ 1,530.00$ 35.00$ 1,785.00$ 20.00$ 1,020.00$ 6 TREE REMOVAL (6 TO 15 INCH-DIA.)100.00$ 322,200.00$ 6.75$ 362,475.00$ 7.50$ 402,750.00$ 20.00$ 3,000.00$ 28.00$ 4,200.00$ 85.00$ 12,835.00$ 35.00$ 5,250.00$ 37.50$ 5,625.00$ 1 SIDEWALK REMOVAL 1.50$ 80,212.50$ 1.20$ 64,170.00$ 3 DETECTABLE WARNINGS 5,100.00$ 30.00$ 2 PCC SIDEWALK 2.50$ 133,687.50$ 1.50$ 80,212.50$ Approved Engineer's Estimate Item No.Item Unit Price Total Unit Price Skokie, IL 60016 Estimate:$1,216,669.57 County:Cook Date:5/1/2019 Name of Bidder: Jon Duddles Terms: Section:2019 CIP Concrete Improvements MFT 19-00000-01 GM Elgin, IL 60120 Schaumburg, IL 60193 Local Agency:Des Plaines Time:10:00 AM Address of Bidder:1200 Gasket Dr 1900 Wright Blvd 7306 Central Park Martam Construction, Inc A Lamp Concrete Contractors, Inc Schroeder & Schroeder Inc Total Unit Price Total Unit Price Total 6.00$ 322,200.00$ 6.00$ Attachment 1 Page 2 of 39 1 CITY OF DES PLAINES RESOLUTION R - 99 - 19 A RESOLUTION APPROVING AN AGREEMENT WITH MARTAM CONSTRUCTION, INC. FOR THE 2019 CIP CONCRETE IMPROVEMENTS, MFT-19-00000-01-GM. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds in the Motor Fuel Tax Fund for use by the Department of Public Works and Engineering during the 2019 fiscal year for the CIP Concrete Improvements, which include the removal and replacement of uneven sidewalk, deteriorated or settled curb, gutters, and landscape restoration with sod at various locations throughout the City (“Work”); and WHEREAS, pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, the City issued an invitation for bids for the performance of the Work; and WHEREAS, the City received three bids, which were opened on May 1, 2019; and WHEREAS, Martam Construction, Inc. ("Vendor") submitted the lowest responsible bid in the amount of $1,283,475; and WHEREAS, the City desires to enter into an agreement with Vendor for the performance of the Work in the not-to-exceed amount of $1,283,475 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Vendor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, final Agreement only after receipt by the City Clerk of at least one executed copy of the Agreement from Vendor; provided, however, that if the City Clerk does not receive one executed Page 3 of 39 2 copy of the Agreement from Vendor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement will, at the option of the City Council, be null and void. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2019. APPROVED this _____ day of _____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Agreement with Martam Const for CIP Concrete Improvements 2019 Page 4 of 39 Printed 4/12/2019 Page 1 of 2 BLR 12320 (Rev. 01/09/14) Local Public Agency Formal Contract PROPOSAL SUBMITTED BY Contractor’s Name Street P.O. Box City State Zip Code STATE OF ILLINOIS COUNTY OF COOK CITY OF DES PLAINES (Name of City, Village, Town or Road District) FOR THE IMPROVEMENT OF STREET NAME OR ROUTE NO. SECTION NO. 19-00000-01-GM TYPES OF FUNDS MOTOR FUEL TAX SPECIFICATIONS (required) PLANS (required) CONTRACT BOND (when required) For Municipal Projects Department of Transportation Submitted/Approved/Passed Concurrence in approval of award Mayor President of Board of Trustees Municipal Official Regional Engineer Date Date For County and Road District Projects Submitted/Approved Highway Commissioner Date Submitted/Approved County Engineer/Superintendent of Highways Date Martam Construction, Inc. 1200 Gasket Drive Elgin, IL 60120 X X Exhibit A Page 5 of 39 Printed 4/12/2019 Page 2 of 2 BLR 12320 (Rev. 01/09/14) County COOK Local Public Agency CITY OF DES PLAINES Section Number MFT 19-00000-01-GM Route 1. THIS AGREEMENT, made and concluded the day of , Month and Year between the CITY of DES PLAINES acting by and through its MAYOR AND CITY COUNCIL known as the party of the first part, and his/their executors, administrators, successors or assigns, known as the party of the second part. 2.Witnesseth: That for and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring to these presents, the party of the second part agrees with said party of the first part at his/their own proper cost and expense to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3.And it is also understood and agreed that the LPA Formal Contract Proposal, Special Provisions, Affidavit of Illinois Business Office, Apprenticeship or Training Program Certification, and Contract Bond hereto attached, and the Plans for Section MFT 19-00000-01-GM , in DES PLAINES , approved by the Illinois Department of Transportation on , are essential documents of this Date contract and are a part hereof. 4. IN WITNESS WHEREOF, The said parties have executed these presents on the date above mentioned. Attest: The CITY of DES PLAINES Clerk By Party of the First Part (Seal) (If a Corporation) Corporate Name By President Party of the Second Part (If a Co-Partnership) Attest: Secretary Partners doing Business under the firm name of Party of the Second Part (If an individual) Party of the Second Part 20th May, 2019 Martam Construction, Inc. Exhibit A Page 6 of 39 Exhibit A Page 7 of 39 STATE OF ILLINOIS ) ) SS COUNTY OF __________ ) CONTRACTOR’S CERTIFICATION ________________________________________[contractor’s executing officer], being first duly sworn on oath, deposes and states that all statements herein made are made on behalf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the “Patriot Act”) or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. DATED: ____________________, 20___. MARTAM CONSTRUCTION, INC. By: _________________________________ Name: _________________________________ Title: _________________________________ Attest: By: _________________________________ Name: _________________________________ Title: _________________________________ Subscribed and Sworn to before me on ____________________, 20___. My Commission expires: __________________ ____________________________ Notary Public (SEAL) Exhibit A Page 8 of 39 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF MFT 19-00000-01-GM ATTACHMENT 1 SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS 1. Project: 2019 Concrete Program – MFT 19-00000-01-GM The scope of work includes removal and replacement of sidewalk, curb and gutter, driveway aprons, pavement patching, alley reconstruction using pervious concrete standards, landscape restoration with sod and other miscellaneous items at various locations in Des Plaines. 2. Work Site: STREET NAME LIMITS Curb Replacements Various Sidewalk Replacements Citywide Thacker/Oakwood Ct Third-Dead End Algonquin/Van Buren Wolf-Fifth Oakwood/Walnut Cora-White 3. Permits, Licenses, Approvals, and Authorizations: Contractor must obtain all required governmental permits, licenses, approvals, and authorizations, except: ☐[Identify permits, licenses, and approvals obtained, or to be obtained, by Owner] ☒No Exceptions Exhibit A Page 9 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -2- 4. Commencement Date: ☐the date of execution of the Contract by Owner. ☐______________ days after execution of the Contract by Owner. ☒Monday, June 03, 2019 5. Completion Date: Starting and Substantial Completion Dates: The following starting and substantial completion dates apply to this contract as designated by street: ☐ ______________ days after the Commencement Date plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract ☒Wednesday, November 20, 2019 plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract Completion includes the approved and acceptable construction of all pay items: including concrete correction (punch) list items, all hot-mix asphalt items including surface courses and all landscape restoration work, including topsoil and sod placement. Days and Hours of Work. Workdays for this Contract are Monday through Friday between the hours of 7AM to 6PM. No work shall be done or equipment operated outside of these permitted hours. No work shall be done on any Saturdays, Sundays or the following specified days unless otherwise approved by the Project Manager. Thursday July 4, 2019 Independence Day Holiday Monday September 2, 2019 Labor Day Holiday Monday October 14, 2019 Columbus Day Holiday Monday November 11, 2019 Veterans Day Holiday In the event, the Contractor works on Saturday, Sunday, or holiday, during which time the Engineer and/or Inspector(s) are required to be present, the City of Des Plaines shall pay the cost for such overtime engineering services and shall deduct such cost from payments due the Contractor. Overtime engineering services shall be charged at the Engineer’s standard hourly rate for all time over eight hours on any single weekday and for all hours on Saturday, Sunday, and holidays and/or Inspector(s) standard hourly rate applied on a one and one-half (x 1 ½) basis for all time over eight hours on any single weekday and for all hours on Saturday and a double time (x 2) basis for all Sunday and holiday hours of the Inspector’s standard hourly rate. If the amount due the Contractor is not sufficient to cover the cost of overtime engineering Exhibit A Page 10 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -3- service, the Contractor shall reimburse the City of Des Plaines in the amount necessary to cover such costs. The Project Manager shall approve necessary personnel and time for engineering services. Progress Schedule. The Contractor shall submit, for approval by the Engineer, a Progress Schedule, which complies with the requirements of these specifications, and Completion Dates. The Progress Schedule shall include an Estimate of Time and/or Performance Rate for each controlling pay item. Once a Progress Schedule is approved, there shall be no deviation without the written approval of the Engineer. If the Contractor falls 10 or more working days behind the Approved Progress Schedule, they shall provide the Engineer with a revised Progress Schedule that complies with the requirements of the Contract for the Engineer's review. TIME IS OF THE ESSENCE ON THIS CONTRACT AND LIQUIDATED DAMAGES WILL BE ASSESSED FOR EACH DAY THAT THE WORK REMAINS INCOMPLETE PAST THE STATED COMPLETION DATE. 6.Insurance Coverage: A. Worker’s Compensation and Employer’s Liability with limits not less than: (1) Worker’s Compensation: Statutory; (2) Employer’s Liability: $1,000,000 injury-per occurrence; $1,000,000 disease-per employee; $1,000,000 disease-policy limit Such insurance must evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $2,000,000 for vehicles owned, non-owned, or rented. All employees must be included as insureds. C. Comprehensive General Liability with coverage written on an “occurrence” basis and with limits no less than: (1) General Aggregate: $5,000,000. See Subsection F below regarding use of umbrella overage. (2) Bodily Injury: $2,000,000 per person; $2,000,000 per occurrence (3) Property Damage: $2,000,000 per occurrence and $5,000,000 aggregate. Exhibit A Page 11 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -4- Coverage must include: - Premises / Operations - Products / Completed Operations (to be maintained for two years after Final Payment) - Independent Contractors - Personal Injury (with Employment Exclusion deleted) - Broad Form Property Damage Endorsement - Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) - Bodily Injury and Property Damage “X”, “C”, and “U” exclusions must be deleted. Railroad exclusions must be deleted if Work Site is within 50 feet of any railroad track. All employees must be included as insured. ☐D. Builders Risk Insurance. This insurance must be written in completed value form, must protect Contractor and Owner against “all risks” of direct physical loss to buildings, structures, equipment, and materials to be used in providing, performing, and completing the Work, including without limitation fire extended coverage, vandalism and malicious mischief, sprinkler leakage, flood, earth movement and collapse, and must be designed for the circumstances that may affect the Work. This insurance must be written with limits not less than the insurable value of the Work at completion. The insurable value must include the aggregate value of Owner-furnished equipment and materials to be constructed or installed by Contractor. This insurance must include coverage while equipment or materials are in warehouses, during installation, during testing, and after the Work is completed, but prior to Final Payment. This insurance must include coverage while Owner is occupying all or any part of the Work prior to Final Payment without the need for the insurance company’s consent. ☐E. Owner’s and Contractor’s Protective Liability Insurance. Contractor, at its sole cost and expense, must purchase this Insurance in the name of Owner with a combined single limit for bodily injury and property damage of not less than $1,000,000. Exhibit A Page 12 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -5- F. Umbrella Policy. The required coverage may be in the form of an umbrella policy above $2,000,000 primary coverage. All umbrella policies must provide excess coverage over underlying insurance on a following-form basis so that, when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover that loss. ☐G. Deductible. Each policy must have a deductible or self-insured retention of not more than $________. ☒H. Owner as Additional Insured. Owner must be named as an Additional Insured on the following policies: Comprehensive General Liability, Comprehensive Motor Vehicle Liability, and Umbrella Policy. The Additional Insured endorsement must identify Owner as follows: The City of Des Plaines and its boards, commissions, committees, authorities, employees, agencies, officers, voluntary associations, and other units operating under the jurisdiction and within the appointment of its budget. ☐I. Other Parties as Additional Insureds. In addition to Owner, the following parties must be named as additional insured on the following policies: Additional Insured Policy or Policies 7.Contract Price: SCHEDULE OF PRICES ☐A. LUMP SUM CONTRACT For providing, performing, and completing all Work, the total Contract Price of (write in numbers only): $ ________________________________ Exhibit A Page 13 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -6- ☐All Work will be paid on a force account basis, using the terms of Section 109.04(b) of the IDOT Standard Specifications For Road And Bridge Construction 2016, without limitation to “extra work.” Contractor shall be paid in installments (see below). Contractor must submit Pay Requests including itemized statements of the cost of the Work, accompanied and supported by statements and invoices for all labor, materials, transportation charges and other items of the Work, using standard Illinois Department of Transportation schedules and report forms. ☒B. UNIT PRICE CONTRACT NOTE: If Owner has provided a separate form Schedule of Pricing attached to this Attachment 1, then that Schedule of Prices will be used and this Subsection B should not be used. If Owner has not provided a separate form Schedule of Prices, then this Subsection B should be used. For providing, performing, and completing all Work, the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: COMPLETE SCHEDULE OF PRICES IN BID PROPOSAL (BLR 12200a) Unit Price Item Unit Approximate Number of Units Price Per Unit Extension 1 $_________ $_______________ 2 $_________ $_______________ 3 $_________ $_______________ TOTAL CONTRACT PRICE (write in numbers only): $ _____________________________________ ☐C. COMBINED LUMP SUM/UNIT PRICE CONTRACT (1) For providing, performing, and completing all Work related to [describe lump sum work], the total sum of (write in numbers only): Exhibit A Page 14 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -7- $ ______________________________________ (2) For providing, performing, and completing all Work related to [describe unit price work], the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: COMPLETE TABLE AS INDICATED Unit Price Item Unit Approximate Number of Units Price Per Unit Extension 1 $_________ $_______________ 2 $_________ $_______________ 3 $_________ $_______________ TOTAL CONTRACT PRICE, being the sum of (1) plus the extension of (2) (write in numbers only): $ ________________________________________ D. Any items of Work not specifically listed or referred to in the Schedule of Prices, or not specifically included for payment under any Unit Price Item, shall be deemed incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as incidental to the Contract Price, including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents, or its office and engineering staff. 8.Progress Payments: A. General. Owner must pay to Contractor 90 percent of the Value of Work, determined in the manner set forth below, installed and complete in place up to the day before the Pay Request, less the aggregate of all previous Progress Payments. The total amount of Progress Payments made prior to Final Acceptance by Owner may not exceed 90 percent of the Contract Price. B. Value of Work. The Value of the Work will be determined as follows: (1) Lump Sum Items. For all Work to be paid on a lump sum basis, Contractor must, not later than 10 days after execution of the Contract Exhibit A Page 15 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -8- and before submitting its first Pay Request, submit to Owner a schedule showing the value of each component part of such Work in form and with substantiating data acceptable to Owner (“Breakdown Schedule”). The sum of the items listed in the Breakdown Schedule must equal the amount or amounts set forth in the Schedule of Prices for Lump Sum Work. An unbalanced Breakdown Schedule providing for overpayment of Contractor on component parts of the Work to be performed first will not be accepted. The Breakdown Schedule must be revised and resubmitted until acceptable to Owner. No payment may be made for any lump sum item until Contractor has submitted, and Owner has approved, an acceptable Breakdown Schedule. Owner may require that the approved Breakdown Schedule be revised based on developments occurring during the provision and performance of the Work. If Contractor fails to submit a revised Breakdown Schedule that is acceptable to Owner, Owner will have the right either to suspend Progress and Final Payments for Lump Sum Work or to make such Payments based on Owner’s determination of the value of the Work completed. (2) Unit Price Items. For all Work to be paid on a unit price basis, the value of such Work will be determined by Owner on the basis of the actual number of acceptable units of Unit Price Items installed and complete in place, multiplied by the applicable Unit Price set forth in the Schedule of Prices. The actual number of acceptable units installed and complete in place will be measured on the basis described in Attachment 1 to the Contract or, in the absence of such description, on the basis determined by Owner. The number of units of Unit Price Items stated in the Schedule of Prices are Owner’s estimate only and may not be used in establishing the Progress or Final Payments due Contractor. The Contract Price will be adjusted to reflect the actual number of acceptable units of Unit Price Items installed and complete in place upon Final Acceptance. C. Application of Payments. All Progress and Final Payments made by Owner to Contractor will be applied to the payment or reimbursement of the costs with respect to which they were paid and will not be applied to or used for any pre- existing or unrelated debt between Contractor and Owner or between Contractor and any third party. 9.Per Diem Administrative Charge: ☒$1,275.00 per IDOT SSRB Exhibit A Page 16 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 1 -9- ☐No Charge 10. Standard Specifications: The Contract includes the following Illinois Department of Transportation standard specifications, each of which are incorporated into the Contract by reference: ☒"State of Illinois Standard Specifications for Road and Bridge Construction" (SSRB) ☒"Standard Specifications for Water and Sewer Main Construction in Illinois" (SSWS) ☒"Illinois Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). The Contract also includes Owner’s City Code and Building Codes. References to any of these manuals, codes, and specifications means the latest editions effective on the date of the bid opening. See Attachment 4 for any special project requirements. Exhibit A Page 17 of 39 Special Provisions Page 1 of 1Printed 04/15/19 BLR 11310 (Rev. 10/04/17) Local Public Agency City of Des Plaines County Cook Section Number 19-00000-01-GM The following Special Provision supplement the "Standard Specifications for Road and Bridge Construction", adopted April 1, 2016 , the latest edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways", and the "Manual of Test Procedures of Materials" in effect on the date of invitation of bids, and the Supplemental Specification and Recurring Special Provisions indicated on the Check Sheet included here in which apply to and govern the construction of the above named section, and in case of conflict with any parts, or parts of said Specifications, the said Special Provisions shall take precedence and shall govern. Exhibit A Page 18 of 39 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF MFT 19-00000-01-GM ATTACHMENT 2 SPECIFICATIONS INDEX OF SPECIAL PROVISIONS The following Index is provided for the Bidder's convenience only. Bidders are advised to thoroughly read each Special Provision and familiarize themselves with their content. PAGE NUMBER DESCRIPTION 1 SPECIAL PROVISIONS 1 CONTRACTOR SAFETY RESPONSIBILITY 1 COOPERATION BY CONTRACTOR 2 DIRT ON PAVEMENT 2 OBSTRUCTION OF STREETS AND RIGHTS OF WAY 2 TESTING OF MATERIALS 3 RECORD DRAWING SURVEY POINT FILE 4 SIDEWALK REMOVAL, PORTLAND CEMENT CONCRETE SIDEWALK, DETECTABLE WARNINGS 5 REINFORCEMENT BARS, EPOXY COATED 5 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT 7 INTEGRAL CURB AND GUTTER REMOVAL AND REPLACEMENT 8 CURB KEYWAY 8 PAVEMENT REMOVAL, 20’’ 9 PORTLAND CEMENT CONCRETE PAVEMENT REMOVAL AND REPLACEMENT 10 AGGREGATE BASE COURSE, TYPE B 11 PERVIOUS CONCRETE PAVEMENT, 8 INCH 12 PVC STORM SEWER 13 HOT-MIX ASPHALT DRIVEWAY SURFACE COURSE REMOVAL AND REPLACEMENT 14 TEMPORARY AGGREGATE, CA-6 15 MANHOLE, CATCH BASIN, VALVE VAULT ADJUSTMENT AND RECONSTRUCTION 16 SANITARY MANHOLE ADJUSTMENT AND RECONSTRUCTION Exhibit A Page 19 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 2 -2- 17 SIGN PANEL, TYPE 1 18 TELESCOPING STEEL SIGN SUPPORT 19 TOPSOIL PLACEMENT 4 INCHES AND SODDING 19 TOPSOIL PLACEMENT 4 INCHES AND SEEDING 20 PORTABLE TOILETS 21 TRAFFIC CONTROL AND PROTECTION OTHER ATTACHMENTS: SUPPLEMENTAL SPECIFICATIONS AND RECURRING SPECIAL PROVISIONS IDOT HIGHWAY STANDARDS TRENCH BACKFILL TABLES FOR CONCRETE PIPES NO PARKING SIGN GEOTECHNICAL REPORT Exhibit A Page 20 of 39 9 KALGEn APPENDIX Exhibit A Page 21 of 39 10 KALGEn APPENDIX A BORINGS LOGS AND LOCATIONS CONTRACT A Exhibit A Page 22 of 39 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF MFT 19-00000-01-GM ATTACHMENT 3 LIST OF DRAWINGS INDEX OF SHEETS Sheet No. Description 1 COVER SHEET 2 LEGEND 3 SUMMARY OF QUANTITIES 4 TYPICAL SECTIONS 5 - 6 ALGONQUIN/ VAN BUREN 7 - 8 OAKWOOD/WALNUT 9 THACKER/OAKWOOD 10-11 TYPICAL DETAILS 12 EROSION AND SEDIMENT CONTROL DETAILS Exhibit A Page 23 of 39 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF MFT 19-00000-01-GM ATTACHMENT 4 SPECIAL PROJECT REQUIREMENTS PRE-CONSTRUCTION MEETING Prior to commencing any construction operations, there shall be a Pre-Construction Meeting conducted at the Public Works and Engineering Office, Des Plaines Civic Center, 1420 Miner Street, Room 504. The Engineer will set the date and time of the Pre-Construction Meeting after execution of the Contract by both parties. The Contractor's full time Superintendent must attend the Pre-Construction meeting. The following shall be submitted for review at the Pre-Construction meeting: Progress Schedule (submit 3 working days prior) for review Superintendent 24-hour emergency phone number, field phone number, pager number and cellular telephone number Name and 24-hour emergency telephone number of the person in the direct employ of the Contractor who is responsible for administrating the Traffic Control on the Contract. List of Subcontractors, including quantity and type of work to be sublet, their qualifications, references and certified copies of their subcontract agreements. List of Material Suppliers and phone numbers Mix Designs for concrete and hot-mix asphalt items to be incorporated in the Contract All Subcontractors are required to either attend the Pre-Construction meeting or attend a Field Pre-Construction meeting with the Resident Engineer and the Contractor's Superintendent prior to the beginning of any sub-let work. CLAIMS The Contractor agrees to save and hold harmless the Owner and the Engineer from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of the use of the streets or sidewalks, or resulting from the excavations, openings, Exhibit A Page 24 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 4 -2- obstructions, or defects that may be made or left in the streets or sidewalks by the Contractor or their several agents, or any other person engaged in the performance of this Contract. The Contractor shall save the Owner and the Engineer harmless from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of any infringement of any patent rights or royalties claimed by any one on account of machinery, instrument tools, materials, principals or processes used by them or about said work. PROCEDURE FOR RESOLVING PROPERTY DAMAGE CLAIMS The General Contractor agrees to adhere to the following procedure to resolve all property damage claims that are related to the performance of all Work on this Contract. It is the responsibility of the General Contractor to require that all Subcontractors and Material Suppliers follow this claim procedure. The City reserves the right to withhold one and one half times the estimated cost of the damages from sums due the General Contractor until all claims related to performance of their Work are resolved as herein provided. Upon receipt of a claim against the General Contractor for property damage allegedly caused or related to the performance of their Work under this Contract, the General Contractor shall, within 5 working days of receipt of such claim: Acknowledge the claim, in writing, to the property owner. Furnish the Engineer with written acknowledgement of receipt of the claim, including a copy of the claim and all information related to it. If the claim is not settled (or the General Contractor does not agree to settle the claim) within 5 days, the General Contractor shall: Forward the claim to the General Contractor’s Insurance Carrier. Furnish the Engineer with a copy of the Insurance Carrier’s written acknowledgement of receipt of the claim The General Contractor shall either settle or deny the claim within 60 calendar days from initial receipt of the claim, the General Contractor shall: Notify the Engineer, in writing, of claims that have been settled or denied, including the terms of the settlement or the reason for the denial. Notify the property owner if there is a decision to deny their claim and shall include in the Notice of Denial the name and address of the person authorized to accept service of process on behalf of the General Contractor. When a claim is allowed in any amount, within 30 days of the award, pay to the property Exhibit A Page 25 of 39 MFT 19-00000-01-GM - 2019 CONCRETE PROGRAM ATTACHMENT 4 -3- owner the amount of the award. If the Contractor does not make payment to the property owner within the 30 day period, the Owner shall be authorized to make the payment in the amount of the award on behalf of the General Contractor and deduct the amount of the payment from the amount due the General Contractor on the next payment due the Contractor under this Contract. Exhibit A Page 26 of 39 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF MFT 19-00000-01-GM APPENDIX 1 PREVAILING WAGE ORDINANCE Exhibit A Page 27 of 39 Exhibit A Page 28 of 39 Exhibit A Page 29 of 39 Exhibit A Page 30 of 39 Exhibit A Page 31 of 39 Exhibit A Page 32 of 39 Exhibit A Page 33 of 39 Exhibit A Page 34 of 39 Exhibit A Page 35 of 39 Exhibit A Page 36 of 39 Exhibit A Page 37 of 39 Exhibit A Page 38 of 39 Exhibit A Page 39 of 39 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: April 18, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: 2019 Capital Improvement Program (CIP) Street & Utility Improvements, Contract A – Bid Award Issue: Bids for the 2019 CIP Street & Utility Improvements, Contract A were opened on April 22, 2019. Analysis: The scope of work includes street rehabilitation or reconstruction and utility work at the following locations: LOCATION LIMITS ACTIVITY COMMENCING Westview Dr Touhy-Jarvis Rehabilitation, 8” Water Main Summer 2019 Sprucewood Ave Birchwood-Jarlath Rehabilitation, 8” Water Main Summer 2019 Sherwin Ave River-Magnolia Rehabilitation, 8” Water Main Summer 2019 Chestnut St Howard-Dead End Rehabilitation, 8” Water Main Summer 2019 Circle St Prospect-Illinois Reconstruction, 8” Water Main Summer 2019 Spruce Ave Mannheim-Prospect Rehabilitation, 8” Water Main Summer 2019 David Dr Rusty-Joseph Rehabilitation, 8” Water Main Summer 2019 Following are the bid results: BIDDER’S NAME BID AMOUNT Acqua Contractors Corp. $6,670,000.00 * John Neri Construction Co. $6,676,386.45 Orange Crush L.L.C. $6,762,423.50 DiMeo Brothers, Inc. $6,879,701.00 A Lamp Concrete Contractors $6,968,888.05 Martam Construction, Inc. $7,787,584.30 *Incomplete and Non-Responsible Bid MEMORANDUM Page 1 of 66 The Engineer’s Estimate was $5,482,490.50. Upon reviewing the low bidder’s, Acqua Contractors Corp., proposal, Public Works and Engineering staff determined that Acqua’s submission was incomplete and non-responsive. Specifically, the low bidder did not include required information in its sworn work history which would allow staff to determine whether the bidder is capable of completing the project. After requesting additional information from the bidder and examining the documents provided, City staff determined that Acqua Contractors Corp. did not have sufficient experience, equipment, personnel, or resources to guarantee that it could perform the work in a timely and proficient manner. Based on this determination, City staff recommends that the City Council reject Acqua Contractors Corp.’s bid and award to the next low bidder, John Neri Construction Co. Recommendation: References supplied by the John Neri Construction Co., Inc. are favorable. We recommend award of the 2019 CIP Contract A - Street and Utility Improvements project to John Neri Construction Co., Inc., 770 Factory Road, Addison, IL 60101, in the amount of $6,676,386.45. Funding source will be the Capital Projects Fund and CIP Water/Sewer Fund. Attachments: Attachment 1 - Bid Tabulation Attachment 2 - May 7, 2019 Letter to Acqua Contractors Corp. Resolution R-100-19 Exhibit A - Contract Page 2 of 66 Attended By: $114.00 136,800.00$ $200.00 240,000.00$ $114.00 218,652.00$ $135.00 258,930.00$ $94.00 28,294.00$ $100.00 30,100.00$ $60.00 18,060.00$ $112.00 24,416.00$ $100.00 21,800.00$ $94.00 6,768.00$ $80.00 5,760.00$ $80.00 5,760.00$ $10.00 15,600.00$ $4.00 6,240.00$ $71.00 17,750.00$ $30.00 7,500.00$ $40.00 10,000.00$ $4,800.00 115,200.00$ $4,700.00 112,800.00$ $6.00 144,000.00$ $1.00 24,000.00$ $1.00 24,000.00$ $1,000.00 2,000.00$ $2,000.00 4,000.00$ $4,200.00 25,200.00$ $4,350.00 26,100.00$ $4,500.00 27,000.00$ $200.00 35,000.00$ $125.00 21,875.00$ $200.00 400.00$ $150.00 300.00$ $700.00 1,400.00$ $850.00 148,750.00$ $800.00 140,000.00$ $1,100.00 2,200.00$ $1,000.00 2,000.00$ $700.00 1,400.00$ $1,750.00 306,250.00$ $1,100.00 192,500.00$ $2,250.00 4,500.00$ $1,500.00 3,000.00$ $700.00 1,400.00$ $250.00 43,750.00$ $500.00 87,500.00$ $320.00 640.00$ $500.00 1,000.00$ $700.00 1,400.00$ $74.00 392,940.00$ $10.00 53,100.00$ $75.00 7,500.00$ $10.00 1,000.00$ $35.00 3,500.00$ $250.00 3,750.00$ $50.00 750.00$ $71.00 62,480.00$ $10.00 8,800.00$ $25.00 22,000.00$ $119.00 12,971.00$ $125.00 13,625.00$ $149.00 16,241.00$ $150.00 16,350.00$ $200.00 21,800.00$ $119.00 1,000,314.00$ $155.00 1,302,930.00$ $306.00 3,060.00$ $175.00 1,750.00$ $100.00 1,000.00$ $116.00 2,320.00$ $120.00 2,400.00$ $118.00 51,802.00$ $135.00 59,265.00$ $105.00 46,095.00$ $700.00 16,100.00$ $500.00 11,500.00$ $5,600.00 207,200.00$ $6,000.00 222,000.00$ $6,350.00 234,950.00$ $1,650.00 8,250.00$ $2,200.00 11,000.00$ $5,500.00 11,000.00$ $6,000.00 12,000.00$ $4,500.00 9,000.00$ $4,600.00 9,200.00$ $4,500.00 9,000.00$ $850.00 33,150.00$ $1,000.00 39,000.00$ $550.00 21,450.00$ $1,650.00 18,150.00$ $2,000.00 22,000.00$ $3,600.00 50,400.00$ $3,800.00 53,200.00$ $3,000.00 42,000.00$ $4,200.00 4,200.00$ $4,500.00 4,500.00$ $850.00 56,100.00$ $800.00 52,800.00$ $550.00 36,300.00$ $2,200.00 88,000.00$ $2,250.00 90,000.00$ $3,600.00 90,000.00$ $4,250.00 106,250.00$ $3,000.00 75,000.00$ $600.00 30,600.00$ $200.00 10,200.00$ $500.00 12,500.00$ $150.00 3,750.00$ $400.00 10,000.00$ $100.00 14,000.00$ $100.00 14,000.00$ $100.00 3,900.00$ $55.00 2,145.00$ $25.00 975.00$ $30.00 6,390.00$ $45.00 9,585.00$ $36.00 3,096.00$ $55.00 4,730.00$ $35.00 3,010.00$ $40.00 32,000.00$ $2.00 1,600.00$ $150.00 25,200.00$ $140.00 23,520.00$ $10.00 1,680.00$ Unit Price TotalUnit Price Total Total Martam Construction, Inc.DiMeo Brothers, Inc. 1200 Gasket Drive720 Richard Lane Elgin, IL 60120Elk Grove, IL 60007 415 W. Belden Avenue, #R 321 S. Center Street 1900 Wright Blvd Addison, IL 60101 Hillside, IL 60162 Schaumburg, IL 60193 Unit Price Acqua Contractors Orange Crush L.L.C.A Lamp Concrete Contractors Local Agency:Des Plaines Time:10:30 AM Address of Bidder: County:Cook Date:4/22/2019 Name of Bidder: Section:2019 CIP Contract A - Street & Utility Improvements Estimate:$5,482,490.50 Proposal Guarantee: Jon Duddles Terms: Approved Engineer's Estimate Item No.Item Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 EXPLORATION TRENCH FOOT 800 $5.00 4,000.00$ $5.00 4,000.00$ $3.00 2,400.00$ $10.00 8,000.00$ $1.00 800.00$ 2 INLET FILTERS EACH 168 $100.00 16,800.00$ $100.00 16,800.00$ $125.00 21,000.00$ $125.00 21,000.00$ 3 TREE REMOVAL (6 TO 15 INCH-DIAMETER)IN-DIA 213 $25.00 5,325.00$ $29.00 6,177.00$ $22.00 4,686.00$ $45.00 9,585.00$ $30.00 6,390.00$ 4 TREE REMOVAL (OVER 15 INCH-DIAMETER)IN-DIA 86 $50.00 4,300.00$ $39.00 3,354.00$ $25.00 2,150.00$ $50.00 4,300.00$ 5 TREE TRUNK PROTECTION EACH 140 $80.00 11,200.00$ $121.00 16,940.00$ $90.00 12,600.00$ $110.00 15,400.00$ $25.00 3,500.00$ 6 TREE ROOT PRUNING EACH 39 $100.00 3,900.00$ $80.00 3,120.00$ $110.00 4,290.00$ $110.00 4,290.00$ 7 M.H., C.B., V.V., TO BE REMOVED EACH 51 $350.00 17,850.00$ $250.00 12,750.00$ $400.00 20,400.00$ $250.00 12,750.00$ $350.00 17,850.00$ 8 ABANDON EXISTING VALVE AND VAULT EACH 25 $350.00 8,750.00$ $250.00 6,250.00$ $400.00 10,000.00$ $150.00 3,750.00$ 9 C.B., TY-C, 2' DIA., CURB FRAME & HIGH FLOW GRATE EACH 40 $1,500.00 60,000.00$ $1,600.00 64,000.00$ $1,650.00 66,000.00$ $1,550.00 62,000.00$ $1,750.00 70,000.00$ 10 C.B., TY-A, 4' DIA., CURB FRAME & HIGH FLOW GRATE EACH 25 $2,800.00 70,000.00$ $3,750.00 93,750.00$ $3,500.00 87,500.00$ $4,000.00 100,000.00$ 11 C.B., TY-A, 5' DIA., BEEHIVE GRATE EACH 1 $2,800.00 2,800.00$ $3,700.00 3,700.00$ $4,600.00 4,600.00$ $6,000.00 6,000.00$ $5,000.00 5,000.00$ 12 M.H.,C.B.,V.V. TO BE ADJUSTED, NEW FRAME & LID EACH 66 $650.00 42,900.00$ $800.00 52,800.00$ $700.00 46,200.00$ $650.00 42,900.00$ 13 M.H.,C.B.,V.V. TO BE RECONSTRUCTED, NEW FRAME & LID EACH 11 $1,400.00 15,400.00$ $1,800.00 19,800.00$ $1,400.00 15,400.00$ $1,500.00 16,500.00$ $1,500.00 16,500.00$ 14 STORM MANHOLE, TY-A, 4' DIA, ROUND FRAME & CLOSED LID EACH 14 $3,200.00 44,800.00$ $3,500.00 49,000.00$ $4,000.00 56,000.00$ $3,750.00 52,500.00$ 15 STORM MANHOLE, TY-A, 5' DIA, ROUND FRAME & CLOSED LID EACH 2 $7,500.00 15,000.00$ $4,500.00 9,000.00$ $4,800.00 9,600.00$ $7,500.00 15,000.00$ $4,500.00 9,000.00$ 16 SAN. M.H. TO BE ADJUSTED, NEW FRAME & LID EACH 39 $700.00 27,300.00$ $1,000.00 39,000.00$ $1,400.00 54,600.00$ $650.00 25,350.00$ 17 SAN. M.H. TO BE RECONSTRUCTED, NEW FRAME & LID EACH 5 $1,600.00 8,000.00$ $2,000.00 10,000.00$ $2,000.00 10,000.00$ $1,500.00 7,500.00$ $1,500.00 7,500.00$ 18 SANITARY MANHOLE, TY-A, 4' DIA, ROUND FRAME & CLOSED LID EACH 2 $3,200.00 6,400.00$ $5,000.00 10,000.00$ $5,400.00 10,800.00$ $9,500.00 19,000.00$ 19 FIRE HYDRANT REMOVAL EACH 23 $500.00 11,500.00$ $400.00 9,200.00$ $600.00 13,800.00$ $400.00 9,200.00$ $650.00 14,950.00$ 20 FIRE HYDRANT AND AUXILIARY VALVE EACH 37 $5,500.00 203,500.00$ $6,500.00 240,500.00$ $5,800.00 214,600.00$ $8,500.00 314,500.00$ 21 WATER MAIN, 4 INCH DUCTILE IRON PIPE , CL 52 FOOT 20 $60.00 1,200.00$ $175.00 3,500.00$ $95.00 1,900.00$ $70.00 1,400.00$ $90.00 1,800.00$ 22 WATER MAIN, 6 INCH DUCTILE IRON PIPE , CL 52 FOOT 439 $70.00 30,730.00$ $170.00 74,630.00$ $143.00 62,777.00$ $90.00 39,510.00$ 23 WATER MAIN, 8 INCH DUCTILE IRON PIPE , CL 52 FOOT 8,406 $75.00 630,450.00$ $125.00 1,050,750.00$ $148.50 1,248,291.00$ $120.00 1,008,720.00$ $130.00 1,092,780.00$ 24 WATER MAIN, 12 INCH DUCTILE IRON PIPE , CL 52 FOOT 10 $120.00 1,200.00$ $150.00 1,500.00$ $140.00 1,400.00$ $130.00 1,300.00$ 25 CARRIER PIPE, 8 INCH DUCTILE IRON PIPE, CL 52 FOOT 109 $120.00 13,080.00$ $160.00 17,440.00$ $154.00 16,786.00$ $95.00 10,355.00$ $150.00 16,350.00$ 26 CASING PIPE, 14 INCH DUCTILE IRON PIPE, CL 52, IN TRENCH FOOT 109 $140.00 15,260.00$ $155.00 16,895.00$ $160.00 17,440.00$ $110.00 11,990.00$ 27 CASING SPACERS EACH 15 $100.00 1,500.00$ $85.00 1,275.00$ $200.00 3,000.00$ $100.00 1,500.00$ $300.00 4,500.00$ 28 WATER SERVICE LINE, 1 INCH FOOT 880 $15.00 13,200.00$ $10.00 8,800.00$ $10.00 8,800.00$ $20.00 17,600.00$ 29 WATER SERVICE LINE, 1 1/2 INCH FOOT 5,310 $15.00 79,650.00$ $7.00 37,170.00$ $0.01 53.10$ $22.00 116,820.00$ $25.00 132,750.00$ 30 WATER SERVICE LINE, 2 INCH FOOT 100 $20.00 2,000.00$ $12.00 1,200.00$ $50.00 5,000.00$ $50.00 5,000.00$ 31 WATER SERVICE SADDLE, 1 1/2 INCH EACH 175 $475.00 83,125.00$ $1,250.00 218,750.00$ $500.00 87,500.00$ $500.00 87,500.00$ $600.00 105,000.00$ 32 WATER SERVICE SADDLE, 2 INCH EACH 2 $500.00 1,000.00$ $1,500.00 3,000.00$ $500.00 1,000.00$ $700.00 1,400.00$ 33 CORPORATION STOP, 1 1/2 INCH EACH 175 $575.00 100,625.00$ $1,000.00 175,000.00$ $800.00 140,000.00$ $550.00 96,250.00$ $600.00 105,000.00$ 34 CORPORATION STOP, 2 INCH EACH 2 $600.00 1,200.00$ $1,500.00 3,000.00$ $750.00 1,500.00$ $850.00 1,700.00$ 35 CURB STOP, 1 1/2 INCH EACH 175 $575.00 100,625.00$ $1,200.00 210,000.00$ $1,000.00 175,000.00$ $500.00 87,500.00$ $600.00 105,000.00$ 36 CURB STOP, 2 INCH EACH 2 $600.00 1,200.00$ $1,800.00 3,600.00$ $950.00 1,900.00$ $750.00 1,500.00$ 37 CURB BOX, 1 1/2 INCH EACH 175 $375.00 65,625.00$ $100.00 17,500.00$ $200.00 35,000.00$ $500.00 87,500.00$ $600.00 105,000.00$ 38 CURB BOX, 2 INCH EACH 2 $400.00 800.00$ $100.00 200.00$ $200.00 400.00$ $700.00 1,400.00$ 39 GATE VALVE, 4 INCH, VALVE BOX EACH 2 $2,500.00 5,000.00$ $6,000.00 12,000.00$ $1,600.00 3,200.00$ $3,000.00 6,000.00$ $2,650.00 5,300.00$ 40 GATE VALVE, 6 INCH, 48 INCH DIA VAULT, ROUND FRAME, CLOSED LID EACH 6 $3,500.00 21,000.00$ $7,500.00 45,000.00$ $4,000.00 24,000.00$ $4,000.00 24,000.00$ 41 GATE VALVE, 8 INCH, 48 INCH DIA VAULT, ROUND FRAME, CLOSED LID EACH 24 $3,200.00 76,800.00$ $7,750.00 186,000.00$ $4,350.00 104,400.00$ $6,250.00 150,000.00$ $5,000.00 120,000.00$ 42 WATER MAIN FITTINGS, RESTRAINED JOINT POUND 24,000 $1.00 24,000.00$ $0.10 2,400.00$ $0.01 240.00$ $1.00 24,000.00$ 43 PIPE REMOVAL, ALL SIZES AND TYPES FOOT 1,560 $10.00 15,600.00$ $10.00 15,600.00$ $5.00 7,800.00$ $10.00 15,600.00$ $1.00 1,560.00$ 44 STORM SEWER, PVC, SDR 26, 6 INCH PERFORATED WITH SOCK FOOT 250 $40.00 10,000.00$ $30.00 7,500.00$ $36.00 9,000.00$ $35.00 8,750.00$ 45 STORM SEWER, DUCTILE IRON PIPE, 10 INCH, CL 52 FOOT 218 $85.00 18,530.00$ $100.00 21,800.00$ $86.00 18,748.00$ $85.00 18,530.00$ $85.00 18,530.00$ 46 STORM SEWER, PVC, SDR 26, 12 INCH FOOT 72 $70.00 5,040.00$ $125.00 9,000.00$ $65.00 4,680.00$ $80.00 5,760.00$ 47 STORM SEWER, DUCTILE IRON PIPE, 12 INCH, CL 52 FOOT 1,918 $70.00 134,260.00$ $125.00 239,750.00$ $151.00 289,618.00$ $100.00 191,800.00$ $90.00 172,620.00$ 48 STORM SEWER, REINFORCED CONCRETE PIPE, 12 INCH CL III FOOT 301 $50.00 15,050.00$ $120.00 36,120.00$ $118.00 35,518.00$ $70.00 21,070.00$ 49 STORM SEWER, REINFORCED CONCRETE PIPE, 24 INCH CL III FOOT 1,200 $80.00 96,000.00$ $175.00 210,000.00$ $139.00 166,800.00$ $120.00 144,000.00$ $75.00 90,000.00$ John Neri Construction Co. 770 Factory Road Addison, IL 60101 Attachment 1 Page 3 of 66 Attended By: Unit Price TotalUnit Price Total Total Martam Construction, Inc.DiMeo Brothers, Inc. 1200 Gasket Drive720 Richard Lane Elgin, IL 60120Elk Grove, IL 60007 415 W. Belden Avenue, #R 321 S. Center Street 1900 Wright Blvd Addison, IL 60101 Hillside, IL 60162 Schaumburg, IL 60193 Unit Price Acqua Contractors Orange Crush L.L.C.A Lamp Concrete Contractors Local Agency:Des Plaines Time:10:30 AM Address of Bidder: County:Cook Date:4/22/2019 Name of Bidder: Section:2019 CIP Contract A - Street & Utility Improvements Estimate:$5,482,490.50 Proposal Guarantee: Jon Duddles Terms: Approved Engineer's Estimate Item No.Item Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total John Neri Construction Co. 770 Factory Road Addison, IL 60101 550.00$ 57 PVC TRAP, 12 INCH EACH 1 $550.00 $1,250.00 1,250.00$ $1,250.00 1,250.00$ $850.00 850.00$ $500.00 500.00$ $750.00 750.00$ $1,000.00 1,000.00$ 18,900.00$ $13.00 12,285.00$ 5,760.00$ $13.00 12,285.00$ $18.00 17,010.00$ $12.00 11,340.00$ $16.00 15,120.00$ $20.00 7,200.00$ $60.00 4,320.00$ $60.00 4,320.00$ $100.002,520.00$ 11,340.00$ $25.00 1,800.00$ $100.0072 945 $35.00 $12.00 EACH FOOT 97 98 REMOVE SIGN PANEL ASSEMBLY TELESCOPING STEEL SIGN SUPPORT $20.00 320.00$ $25.00 400.00$ $80.00 $2.00 2,202.00$ $3.00 3,303.00$ $7.00 1,883.00$ $10.00 2,690.00$ 7,200.00$ $14.00 307,300.00$ $14.00 307,300.00$ $1.20 240.00$ $2.00 400.00$ 329,250.00$ 220.00$ $12.00 12,540.00$ $15.00 15,675.00$ $5.00 109,750.00$ $5.00 109,750.00$ 10,450.00$ 219,500.00$ $1.00 27.00$ $1.00 27.00$ $78.00 239,070.00$ $70.00 214,550.00$ 27.00$ 243,667.50$ $90.00 49,500.00$ $80.00 44,000.00$ $6.00 11,430.00$ $4.00 7,620.00$ 42,900.00$ 1,905.00$ $75.00 26,250.00$ $60.00 21,000.00$ $72.00 441,360.00$ $65.00 398,450.00$ 459,750.00$ 15,750.00$ $9.30 59,854.80$ $12.00 77,232.00$ $160.00 8,000.00$ $80.00 4,000.00$ 57,924.00$ 5,500.00$ $47.00 76,375.00$ $40.00 65,000.00$ $1.50 32,248.50$ $3.00 64,497.00$ 32,500.00$ 21,499.00$ $2.00 13,912.00$ $1.00 6,956.00$ $47.00 209,855.00$ $30.00 133,950.00$ 89,300.00$ $47.00 310,200.00$ $20.00 132,000.00$ $51.00 81,141.00$ $30.00 47,730.00$ $3.50 68,978.00$ $4.00 78,832.00$ $18.00 80,352.00$ $10.00 44,640.00$ $145.00 7,250.00$ $75.00 3,750.00$ $145.00 13,050.00$ $85.00 7,650.00$ 2,500.00$ $65.00 16,250.00$ $42.00 10,500.00$ $30.00 42,000.00$ $12.00 16,800.00$ $5.00 44,350.00$ $4.00 35,480.00$ $23.00 347,530.00$ $28.00 423,080.00$ $21.50 324,865.00$ $88.00 40,480.00$ $80.00 36,800.00$ $135.00 25,650.00$ $25.00 4,750.00$ $150.00 28,500.00$ $1.00 5,490.00$ $1.00 5,490.00$ $75.00 270,750.00$ $68.00 245,480.00$ $65.00 234,650.00$ $6.00 355,200.00$ $7.00 414,400.00$ $27.00 31,590.00$ $25.00 29,250.00$ $35.00 40,950.00$ $10.00 191,750.00$ $1.00 19,175.00$ $1.00 35,170.00$ $2.00 70,340.00$ $1.20 42,204.00$ $52.00 36,504.00$ $42.00 29,484.00$ $52.00 32,708.00$ $60.00 37,740.00$ $45.50 28,619.50$ $85.00 45,475.00$ $50.00 26,750.00$ $1,250.00 18,750.00$ $250.00 3,750.00$ $750.00 11,250.00$ $675.00 13,500.00$ $210.00 4,200.00$ $825.00 8,250.00$ $215.00 2,150.00$ $110.00 1,100.00$ $495.00 20,295.00$ $175.00 7,175.00$ $565.00 24,860.00$ $195.00 8,580.00$ $90.00 3,960.00$ $465.00 42,315.00$ $175.00 15,925.00$ $70.00 6,370.00$ 1,816.65$ 1,775.40$ 240.00$ $1.65 $6.60 $15.00 $1.10 $1.00 $79.50 $10.00 $10.00 $15.00 2,202.00$ 2,152.00$ 240.00$ 675.00$ 242,135.00$ 10,450.00$ 65,850.00$ 263,400.00$ 300.00$ $1.50 300.00$ 400.00$ $25.00 $79.00 $10.00 $3.00 $12.00 $2.00 $8.00 $15.00 $9.00 $25.00 27.00$ 249,797.50$ 8,882.50$ 109,750.00$ 219,500.00$ 2,752.50$ 2,421.00$ 2,690.00$ 400.00$ $1.00 $81.50 $8.50 $5.00 $10.00 $1.50 $2.50 $10.00 $25.00 27.00$ 229,875.00$ 5,225.00$ 109,750.00$ 263,400.00$ 350.00$ 2,752.50$ 2,152.00$ 480.00$ $1.00 $75.00 $5.00 $5.00 $12.00 $1.75 $2.50 $8.00 $30.00 540.00$ 190,030.00$ 15,675.00$ 21,950.00$ 241,450.00$ 250.00$ 2,202.00$ 269 16 $20.00 $62.00 $15.00 $1.00 $11.00 $1.25 $2.00 27 3,065 1,045 21,950 21,950 200 1,101 FOOT TON TON SQ. YD. SQ. YD. SQ. YD. FOOT FOOT FOOT 94 95 96 THERMOPLASTIC PVMT. MARKING LINE, 6 INCH THERMOPLASTIC PVMT. MARKING LINE, 24 INCH GUARDRAIL REMOVAL 88 89 90 91 92 93 AGGREGATE (PRIME COAT) AGGREGATE SHOULDER, TYPE B, 6" HOT MIX ASPHALT SURFACE COURSE, MIX D, N50, 2 INCH GRADING AND SHAPING PARKWAYS AND DITCHES TOPSOIL PLACEMENT, 4 INCH AND SODDING THERMOPLASTIC PVMT. MARKING LINE, 4 INCH $78.00 $1.00 7,200.00$ 118,248.00$ 64,728.00$ 264,000.00$ 71,595.00$ 6,956.00$ $20.00 $1.00 $9.00 $110.00 $45.00 472,010.00$ 32,248.50$ 70,796.00$ 4,250.00$ 14,000.00$ $75.00 1,905.00$ $80.00 $6.00 $14.50 $40.00 $45.00 $1.00 245,575.00$ 89,375.00$ $20.00 $80.00 $1.00 6,750.00$ 103,467.00$ 53,568.00$ 297,000.00$ 73,186.00$ 10,434.00$ $55.00 44,000.00$ $85.00 $40.00 456,685.00$ 32,248.50$ 57,924.00$ 500.00$ 22,750.00$ $77.00 52,250.00$ 10,477.50$ $75.00 $5.25 $12.00 $45.00 $46.00 $1.50 187,530.00$ 68,250.00$ $74.50 $95.00 $5.50 9,000.00$ 88,686.00$ 71,424.00$ 237,600.00$ 57,276.00$ 11,129.60$ $42.00 $42.00 $1.50 $9.00 $10.00 $65.00 $100.00 $4.50 $16.00 $36.00 $36.00 $1.60 32,248.50$ 64,360.00$ 5,850.00$ 78,832.00$ 66,960.00$ 231,000.00$ $69.00 $81.00 $5.00 422,970.00$ 44,550.00$ 9,525.00$ $43.00 $40.00 $1.50 $10.00 4,000.00$ 21,000.00$ $80.00 $60.00 191,995.00$ 65,000.00$ $4.00 $15.00 $35.00 $35.00 $1.50 55,685.00$ 10,434.00$ 57,924.00$ 3,500.00$ 10,500.00$ 355,540.00$ 41,250.00$ 3,810.00$ $2.00 13,500.00$ 78,832.00$ 53,568.00$ 264,000.00$ 79,550.00$ 10,434.00$ 151,810.00$ 55,250.00$ 21,499.00$ $1.00 $9.00 $70.00 $30.00 $58.00 $75.00 550 1,905 $150.00 $4.00 $12.00 $40.00 $50.00 $1.50 $34.00 $34.00 1,625 21,499 6,436 50 350 6,130 LEVELING BINDER (HAND METHOD), N50 BITUMINOUS MATERIALS (PRIME COAT) 90 19,708 4,464 6,600 1,591 6,956 4,465 POROUS GRANULAR EMBANKMENT PREPARATION OF BASE AGGREGATE BASE COURSE, TYPE B, 8 INCH TEMPORARY PAVEMENT PATCH DRIVEWAY HMA SURFACE COURSE REMOVAL AND REPLACEMENT HOT MIX ASPHALT BINDER COURSE, IL-19, N50, 4 INCH TON SQ. YD. TON SQ. YD. TON GAL. CLASS C PATCHES, TYPE IV, 10 INCH PAVEMENT REMOVAL MILLING, 6 INCH PAVEMENT REMOVAL, 14 INCHES EARTH EXCAVATION EARTH EXCAVATION - WIDENING GEOTECHNICAL FABRIC FOR GROUND STABILIZATION GRANULAR EMBANKMENT CU.YD. SQ. YD. 85 86 87 SQ. YD. SQ. YD. SQ. YD. CU.YD. CU.YD. SQ. YD. CU.YD.79 80 81 82 83 84 73 74 75 76 77 78 50 SANITARY SEWER REPAIR, REMOVE & REPLACE, 8 INCH PVC, SDR 26 FOOT 91 $200.00 18,200.00$ $180.00 16,380.00$ $155.00 14,105.00$ $275.00 25,025.00$ 51 SANITARY SEWER REPAIR, REMOVE & REPLACE, 10 INCH PVC, SDR 26 FOOT 41 $300.00 12,300.00$ $185.00 7,585.00$ $165.00 6,765.00$ $325.00 13,325.00$ $80.00 3,280.00$ 52 SANITARY SEWER REPAIR, REMOVE & REPLACE, 12 INCH PVC, SDR 26 FOOT 44 $325.00 14,300.00$ $195.00 8,580.00$ $180.00 7,920.00$ $360.00 15,840.00$ 53 SANITARY SEWER REPAIR, REMOVE & REPLACE, 12 INCH DIP, CL 52 FOOT 20 $350.00 7,000.00$ $190.00 3,800.00$ $200.00 4,000.00$ $390.00 7,800.00$ $100.00 2,000.00$ 54 SANITARY SEWER REPAIR, REMOVE & REPLACE, 15 INCH PVC, SDR 26 FOOT 10 $350.00 3,500.00$ $225.00 2,250.00$ $225.00 2,250.00$ $410.00 4,100.00$ 55 SANITARY SEWER LATERAL REPAIR, REMOVE & REPLACE, 6 INCH PVC, SDR 26 FOOT 535 $50.00 26,750.00$ $30.00 16,050.00$ $1.00 535.00$ $36.00 19,260.00$ $60.00 32,100.00$ 56 SANITARY SEWER WYE FITTINGS, ANY SIZE PVC, SDR 26 EACH 15 $400.00 6,000.00$ $500.00 7,500.00$ $150.00 2,250.00$ $750.00 11,250.00$ 58 SANITARY SEWER LINING WITH CURED-IN-PLACE LINER, 8 INCH FOOT 702 $35.00 24,570.00$ $43.00 30,186.00$ $47.50 33,345.00$ $45.00 31,590.00$ $46.50 32,643.00$ 59 SANITARY SEWER LINING WITH CURED-IN-PLACE LINER, 12 INCH FOOT 629 $48.00 30,192.00$ $38.00 23,902.00$ $43.00 27,047.00$ $50.00 31,450.00$ 60 TRENCH BACKFILL CU.YD.19,175 $25.00 479,375.00$ $1.00 19,175.00$ $0.05 958.75$ $10.00 191,750.00$ $1.00 19,175.00$ 61 SIDEWALK REMOVAL SQ. FT.35,170 $1.25 43,962.50$ $1.50 52,755.00$ $1.75 61,547.50$ $2.00 70,340.00$ 62 P.C.C. SIDEWALK SQ. FT.59,200 $5.00 296,000.00$ $5.50 325,600.00$ $6.75 399,600.00$ $5.50 325,600.00$ $6.00 355,200.00$ 63 DETECTABLE WARNINGS SQ. FT.1,170 $20.00 23,400.00$ $19.00 22,230.00$ $30.00 35,100.00$ $20.00 23,400.00$ 64 REINFORCEMENT BARS, EPOXY COATED FOOT 5,490 $1.00 5,490.00$ $0.86 4,721.40$ $1.50 8,235.00$ $1.00 5,490.00$ $2.00 10,980.00$ 65 DRIVEWAY PAVEMENT REM. & P.C.C. REPL., 6 INCH SQ. YD.3,610 $55.00 198,550.00$ $55.00 198,550.00$ $75.00 270,750.00$ $64.00 231,040.00$ 66 DRIVEWAY PAVEMENT REM. & P.C.C. REPL., 8 INCH SQ. YD.460 $65.00 29,900.00$ $65.00 29,900.00$ $80.00 36,800.00$ $78.00 35,880.00$ $75.00 34,500.00$ 67 REMOVE AND RESET BRICK PAVER DRIVEWAY APRON SQ. YD.190 $75.00 14,250.00$ $25.00 4,750.00$ $110.00 20,900.00$ $110.00 20,900.00$ 68 COMB. CONCRETE CURB AND GUTTER REMOVAL FOOT 8,870 $3.00 26,610.00$ $5.00 44,350.00$ $4.00 35,480.00$ $9.00 79,830.00$ $4.00 35,480.00$ 69 COMB. CONCRETE CURB AND GUTTER REPLACEMENT FOOT 15,110 $16.00 241,760.00$ $20.00 302,200.00$ $21.00 317,310.00$ $23.00 347,530.00$ 70 CONCRETE BASE COURSE, 6 INCH SQ. YD.250 $50.00 12,500.00$ $47.00 11,750.00$ $65.00 16,250.00$ $65.00 16,250.00$ $50.00 12,500.00$ $15.0071TEMPORARY AGGREGATE, CA-6 TON 1,400 $10.00 2,000.00$ 14,000.00$ $10.00 14,000.00$ $0.10 140.00$ $105.00 5,250.00$ $95.00 4,750.00$ 72 PAVEMENT PATCHING, 6 INCH SQ. YD.50 $40.00 $50.00 $65.00 21,000.00$ $1.00 1,400.00$ $50.00 2,500.00$ $55.00 $1.50 $11.00 Attachment 1 Page 4 of 66 Attended By: Unit Price TotalUnit Price Total Total Martam Construction, Inc.DiMeo Brothers, Inc. 1200 Gasket Drive720 Richard Lane Elgin, IL 60120Elk Grove, IL 60007 415 W. Belden Avenue, #R 321 S. Center Street 1900 Wright Blvd Addison, IL 60101 Hillside, IL 60162 Schaumburg, IL 60193 Unit Price Acqua Contractors Orange Crush L.L.C.A Lamp Concrete Contractors Local Agency:Des Plaines Time:10:30 AM Address of Bidder: County:Cook Date:4/22/2019 Name of Bidder: Section:2019 CIP Contract A - Street & Utility Improvements Estimate:$5,482,490.50 Proposal Guarantee: Jon Duddles Terms: Approved Engineer's Estimate Item No.Item Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total John Neri Construction Co. 770 Factory Road Addison, IL 60101 $200,000.00 200,000.00$ $700,000.00 700,000.00$ $338,000.00 338,000.00$ $222,820.60 222,820.60$ $176,525.00 176,525.00$ $105,000.00 105,000.00$ $60,000.00 60,000.00$ $50,000.00 50,000.00$ $56,000.00 56,000.00$ $50,000.00 50,000.00$ $62,500.00 62,500.00$ $50,000.00 50,000.00$ $375.00 8,625.00$ $125.00 2,875.00$ $250.00 5,750.00$ 23 1 1 $300.00 6,900.00$ $30,000.00 30,000.00$ $75,000.00 75,000.00$ 101 102 PORTABLE TOILETS CONTRACTOR'S FURNISHED CONSTRUCTION LAYOUT TRAFFIC CONTROL AND PROTECTION EA. CAL. MO. LUMP SUM LUMP SUM $29.00 9,280.00$ $25.00 8,000.00$ $25.00 100 $150.00 3,450.00$ $175.00 4,025.00$ $29.00 9,280.00$ $20.00 6,400.00$ $22.00 8,000.00$ 7,040.00$ 6,400.00$ 320 $20.00 SQ. FT.99 SIGN PANEL, TYPE 1 $6,879,701.00 $7,787,584.30$6,879,701.00As Calculated:$6,670,000.00 $6,676,386.45 $6,762,423.50Total Bid:As Read:$6,670,000.00 $6,676,386.45 $6,762,423.50 $6,968,888.05 $6,968,888.05 $7,787,584.30 $250.00 5,750.00$ Attachment 1 Page 5 of 66 1 CITY OF DES PLAINES RESOLUTION R - 100 - 19 A RESOLUTION REJECTING A LOW BID AND APPROVING AN AGREEMENT WITH JOHN NERI CONSTRUCTION CO. FOR THE 2019 CAPITAL IMPROVEMENT STREET AND UTILITY IMPROVEMENTS PROJECT, CONTRACT A. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds in the Capital Projects Fund and Water Fund for use by the Department of Public Works and Engineering during the 2019 fiscal year for the 2019 Capital Improvement Program Street and Utility Improvements, Contract A, which includes street reconstruction, street rehabilitation, and utility work at certain locations (collectively, "Work"); and WHEREAS, pursuant to Chapter 10 of Title 1 of the of the City of Des Plaines City Code and the City purchasing policy, the City solicited bids for the procurement of the Work; and WHEREAS, the City received six bids, which were opened on April 22, 2019; and WHEREAS, the low bid submitted by Acqua Contractors Corp. of Addison, Illinois is not a responsive bid due to failure to provide a complete sworn work history as under the Contract; and WHEREAS, in addition, the City’s Public Works staff recommends that, based on a variety of factors, Acqua Contractors Corp. does not qualify as a responsible bidder for a project of this scope and complexity; and WHEREAS, accordingly, staff recommends that the bid submitted by Acqua Contractors Corp. should be rejected; and WHEREAS, John Neri Construction ("Contractor") submitted the lowest responsible bid in the not-to-exceed amount of $6,676,386.45; and WHEREAS, the City desires to enter into a contract with Contractor for the performance of the Work in the not-to-exceed amount of $6,676,386.45 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Contractor; Page 10 of 66 2 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 LOW BID. The bid submitted by Acqua Contractors Corp. is hereby rejected. The City Manager is directed to notify Acqua Contractors Corp. of this determination and to return the bid security submitted for this contract to this bidder as required by Section 9 of the General Instructions to Bidders. SECTION 3: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement with the Contractor in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Agreement only after receipt by the City Clerk of at least one executed copy of the Agreement from Contractor; provided, however, that if the City Clerk does not receive one executed copy of the Agreement from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement will, at the option of the City Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this ___ day of _________________, 2019. APPROVED this ___ day of ____________________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Agreement with John Neri Const for 2019 CIP Contract A Street and Utility Improvements Project Page 11 of 66 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A STREET AND UTILITY IMPROVEMENTS Prepared By CITY OF DES PLAINES PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 MINER STREET/NORTHWEST HIGHWAY DES PLAINES, ILLINOIS 60016 Exhibit A Page 12 of 66 -i- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A TABLE OF CONTENTS Page ARTICLE I The Work........................................................................................... 1 1.1 Performance of the Work .................................................................... 1 1.2 Commencement and Completion Dates ............................................... 2 1.3 Required Submittals ............................................................................ 2 1.4 Review and Interpretation of Contract Provisions ................................ 3 1.5 Conditions at the Work Site; Record Drawings.................................... 3 1.6 Technical Ability to Perform ............................................................... 4 1.7 Financial Ability to Perform ................................................................ 4 1.8 Time ................................................................................................... 4 1.9 Safety at the Work Site ........................................................................ 5 1.10 Cleanliness of the Work Site and Environs .......................................... 5 1.11 Damage to the Work, the Work Site, and Other Property ..................... 5 1.12 Subcontractors and Suppliers .............................................................. 6 1.13 Simultaneous Work By Others ............................................................ 6 1.14 Occupancy Prior to Final Payment ...................................................... 6 1.15 Owner’s Right to Terminate or Suspend Work for Convenience .......... 6 ARTICLE II Changes And Delays.......................................................................... 7 2.1 Changes .............................................................................................. 7 2.2 Delays ................................................................................................. 7 ARTICLE III Contractor’s Responsibility For Defective Work ............................ 8 3.1 Inspection; Testing; Correction of Defects ........................................... 8 3.2 Warranty of Work ............................................................................... 8 3.3 Owner’s Right to Correct .................................................................... 9 ARTICLE IV Financial Assurances ......................................................................... 9 4.1 Bonds .................................................................................................. 9 4.2 Insurance ............................................................................................. 9 4.3 Indemnification ................................................................................. 10 ARTICLE V Payment ........................................................................................... 10 5.1 Contract Price ................................................................................... 10 5.2 Taxes and Benefits ............................................................................ 10 Exhibit A Page 13 of 66 -ii- 5.3 Progress Payments ............................................................................ 10 5.4 Final Acceptance and Final Payment ................................................. 11 5.5 Liens ................................................................................................. 11 5.6 Deductions ........................................................................................ 12 ARTICLE VI Disputes And Remedies ................................................................... 13 6.1 Dispute Resolution Procedure ........................................................... 13 6.2 Contractor’s Remedies ...................................................................... 13 6.3 Owner’s Remedies ............................................................................ 13 6.4 Owner’s Special Remedy for Delay ................................................... 15 6.5 Terminations and Suspensions Deemed for Convenience .................. 15 ARTICLE VII Legal Relationships And Requirements ......................................... 15 7.1 Binding Effect ................................................................................... 15 7.2 Relationship of the Parties ................................................................. 15 7.3 No Collusion/Prohibited Interests ...................................................... 15 7.4 Assignment ....................................................................................... 16 7.5 Confidential Information ................................................................... 16 7.6 No Waiver......................................................................................... 16 7.7 No Third Party Beneficiaries ............................................................. 17 7.8 Notices .............................................................................................. 17 7.9 Governing Laws ................................................................................ 17 7.10 Changes in Laws ............................................................................... 18 7.11 Compliance with Laws ...................................................................... 18 7.12 Compliance with Patents ................................................................... 19 7.13 Time ................................................................................................. 19 7.14 Severability ....................................................................................... 19 7.15 Entire Agreement .............................................................................. 20 7.16 Amendments ..................................................................................... 20 Contractor’s Certification Attachment 1: Schedule of Prices Attachment 2: Supplemental Schedule of Contract Terms Attachment 3: Specifications Attachment 4: List of Drawings Attachment 5: Special Project Requirements Appendix 1: Prevailing Wage Ordinance Exhibit A Page 14 of 66 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A In consideration of the mutual promises set forth below, the City of Des Plaines, 1420 Miner Street / Northwest Highway, Des Plaines, Illinois 60016, an Illinois municipal corporation (“Owner”), and John Neri Construction Company, Inc., 770 Factory Road, Addison, IL 60101 a Corporation (“Contractor”), make this Contract as of May 20, 2019, and hereby agree as follows: ARTICLE I: THE WORK 1.1 Performance of the Work Contractor, at its sole cost and expense, must provide, perform, and complete all of the following, all of which is herein referred to as the “Work”: 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner described and specified in this Contract, all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary to accomplish the Project at the Work Site, both as defined in Attachment 2, in accordance with the specifications attached hereto as Attachment 3, the drawings identified in the list attached hereto as Attachment 4, and the Special Project Requirements attached hereto as Attachment 5. 2. Permits. Except as otherwise provided in Attachment 2, procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith. 3. Bonds and Insurance. Procure and furnish all Bonds and all certificates and policies of insurance specified in this Contract. 4. Taxes. Pay all applicable federal, state, and local taxes. 5. Miscellaneous. Do all other things required of Contractor by this Contract, including without limitation arranging for utility and other services needed for the Work and for testing, including the installation of temporary utility lines, wiring, switches, fixtures, hoses, connections, and meters, and providing sufficient sanitary conveniences and shelters to accommodate all workers and all personnel of Owner engaged in the Work. 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and Exhibit A Page 15 of 66 2019 CIP - CONTRACT A CONTRACT -2- expedition consistent therewith, with only new, undamaged and first quality equipment, materials, and supplies. 1.2 Commencement and Completion Dates Contractor must commence the Work not later than the “Commencement Date” set forth on Attachment 2 and must diligently and continuously prosecute the Work at such a rate as will allow the Work to be fully provided, performed, and completed in full compliance with this Contract not later than the “Completion Date” set forth in Attachment 2. The time of commencement, rate of progress, and time of completion are referred to in this Contract as the “Contract Time.” 1.3 Required Submittals A. Submittals Required. Contractor must submit to Owner all documents, data, and information specifically required to be submitted by Contractor under this Contract and must, in addition, submit to Owner all such drawings, specifications, descriptive information, and engineering documents, data, and information as may be required, or as may be requested by Owner, to show the details of the Work, including a complete description of all equipment, materials, and supplies to be provided under this Contract (“Required Submittals”). Such details must include, but are not limited to, design data, structural and operating features, principal dimensions, space required or provided, clearances required or provided, type and brand of finish, and all similar matters, for all components of the Work. B. Number and Format. Contractor must provide three complete sets for each Required Submittal. All Required Submittals, except drawings, must be prepared on white 8-1/2” x 11”. Two blueline prints and one sepia transparency of each drawing must be provided. All drawings must be clearly marked in the lower right-hand corner with the names of Owner and Contractor. C. Time of Submission and Owner’s Review. All Required Submittals must be provided to Owner no later than the time, if any, specified in this Contract for their submission or, if no time for submission is specified, in sufficient time, in Owner’s sole opinion, to permit Owner to review the same prior to the commencement of the part of the Work to which they relate and prior to the purchase of any equipment, materials, or supplies that they describe. Owner will have the right to require such corrections as may be necessary to make such submittals conform to this Contract. All such submittals will, after final processing and review with no exception noted by Owner, become a part of this Contract. No Work related to any submittal may be performed by Contractor until Owner has completed review of such submittal with no exception noted. Owner’s review and stamping of any Required Submittal will be for the sole purpose of examining the general management, design, and details of the proposed Work, does not relieve Contractor of the entire responsibility for the performance of the Work in full compliance with, and as required by or pursuant to this Contract, and may not be regarded as any assumption of risk or liability by Owner. Exhibit A Page 16 of 66 2019 CIP - CONTRACT A CONTRACT -3- D. Responsibility for Delay. Contractor is responsible for any delay in the Work due to delay in providing Required Submittals conforming to this Contract. 1.4 Review and Interpretation of Contract Provisions Contractor represents and warrants that it has carefully reviewed this Contract, including all of its Attachments, and the drawings identified in Attachment 4, all of which are by this reference incorporated into and made a part of this Contract. Contractor must, at no increase in the Contract Price, provide workmanship, equipment, materials, and supplies that fully conform to this Contract. Whenever any equipment, materials or supplies are specified or described in this Contract by using the name or other identifying feature of a proprietary product or the name or other identifying feature of a particular manufacturer or vendor, the specific item mentioned is understood as establishing the type, function and quality desired. Other manufacturers’ or vendors’ products may be accepted, provided that the products proposed are equivalent in substance and function to those named as determined by Owner in its sole and absolute discretion. Contractor must promptly notify Owner of any discrepancy, error, omission, ambiguity, or conflict among any of the provisions of this Contract before proceeding with any Work affected thereby. If Contractor fails to give such notice to Owner, then the subsequent decision of Owner as to which provision of this Contract governs is final, and any corrective work required does not entitle Contractor to any damages, to any compensation in excess of the Contract Price, or to any delay or extension of the Contract Time. When the equipment, materials, or supplies furnished by Contractor cannot be installed as specified in this Contract, Contractor must, without any increase in the Contract Price, make all modifications required to properly install the equipment, materials, or supplies. Any such modification is subject to the prior review and consent of Owner. 1.5 Conditions at the Work Site; Record Drawings Contractor represents and warrants that it has had a sufficient opportunity to conduct a thorough investigation of the Work Site and the surrounding area and has completed such investigation to its satisfaction. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time based upon conditions found at, or in the vicinity of, the Work Site. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures, and other investigations is or has been provided by Owner, or is or has been otherwise made available to Contractor by Owner, such information is or has been provided or made available solely for the convenience of Contractor and is not part of this Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Work Site, or that the conditions indicated are representative of those existing at any particular location, or that the conditions indicated may not change, or that unanticipated conditions may not be present. Exhibit A Page 17 of 66 2019 CIP - CONTRACT A CONTRACT -4- Contractor is solely responsible for locating all existing underground installations by prospecting no later than two workdays prior to any scheduled excavation or trenching, whichever is earlier. Contractor must check all dimensions, elevations, and quantities indicated in this Contract within the same time period as set forth above for prospecting underground installations. Contractor must lay out the Work in accordance with this Contract and must establish and maintain such locations, lines and levels. Wherever pre-existing work is encountered, Contractor must verify and be responsible for dimensions and location of such pre-existing work. Contractor must notify Owner of any discrepancy between the dimensions, elevations and quantities indicated in this Contract and the conditions of the Work Site or any other errors, omissions or discrepancies which Contract may discover during such inspections. Full instructions will be furnished by Owner should such error, omission, or discrepancy be discovered, and Contractor must carry out such instructions as if originally specified and without any increase in Contract Price. Before Final Acceptance of the Work, Contractor must submit to Owner two sets of Drawings of Record, unless a greater number is specified elsewhere in this Contract, indicating all field deviations from Attachment 2 or the drawings identified in Attachment 4. 1.6 Technical Ability to Perform Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.7 Financial Ability to Perform Contractor represents and warrants that it is financially solvent, and Contractor has the financial resources necessary to provide, perform and complete the Work in full compliance with, and as required by or pursuant to, this Contract. 1.8 Time Contractor represents and warrants that it is ready, willing, able and prepared to begin the Work on the Commencement Date and that the Contract Time is sufficient time to permit completion of the Work in full compliance with, and as required by or pursuant to, this Contract for the Contract Price, all with due regard to all natural and man-made conditions that may affect the Work or the Work Site and all difficulties, hindrances, and delays that may be incident to the Work. 1.9 Safety at the Work Site Contractor is solely and completely responsible for providing and maintaining safe conditions at the Work Site, including the safety of all persons and property during performance of the Work. This requirement applies continuously and is not limited to normal working hours. Exhibit A Page 18 of 66 2019 CIP - CONTRACT A CONTRACT -5- Contractor must take all safety precautions as necessary to comply with all applicable laws and to prevent injury to persons and damage to property. Contractor must conduct all of its operations without interruption or interference with vehicular and pedestrian traffic on public and private rights-of-way, unless it has obtained permits therefor from the proper authorities. If any public or private right-of-way are rendered unsafe by Contractor’s operations, Contractor must make such repairs or provide such temporary ways or guards as are acceptable to the proper authorities. 1.10 Cleanliness of the Work Site and Environs Contractor must keep the Work Site and adjacent areas clean at all times during performance of the Work and must, upon completion of the Work, leave the Work Site and adjacent areas in a clean and orderly condition. 1.11 Damage to the Work, the Work Site, and Other Property The Work and everything pertaining thereto is provided, performed, completed, and maintained at the sole risk and cost of Contractor from the Commencement Date until Final Payment. Contractor is fully responsible for the protection of all public and private property and all persons. Without limiting the foregoing, Contractor must, at its own cost and expense, provide all permanent and temporary shoring, anchoring and bracing required by the nature of the Work in order to make all parts absolutely stable and rigid, even when such shoring, anchoring and bracing is not explicitly specified, and support and protect all buildings, bridges, roadways, conduits, wires, water pipes, gas pipes, sewers, pavements, curbs, sidewalks, fixtures and landscaping of all kinds and all other public or private property that may be encountered or endangered in providing, performing and completing the Work. Contractor will have no claim against Owner because of any damage or loss to the Work or to Contractor’s equipment, materials, or supplies from any cause whatsoever, including damage or loss due to simultaneous work by others. Contractor must, promptly and without charge to Owner, repair or replace, to the satisfaction of Owner, any damage done to, and any loss suffered by, the Work and any damage done to, and any loss suffered by, the Work Site or other property as a result of the Work. Notwithstanding any other provision of this Contract, Contractor’s obligations under this Section exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of Owner or Contractor, to indemnify, hold harmless, or reimburse Contractor for the cost of any repair or replacement work required by this Section. 1.12 Subcontractors and Suppliers A. Approval and Use of Subcontractors and Suppliers. Contractor must perform the Work with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by Owner in writing. All subcontractors, suppliers, and subcontracts used by Contractor must be acceptable to, and approved in advance by, Owner. Owner’s approval of any subcontractor, supplier, and subcontract does not relieve Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. All Work Exhibit A Page 19 of 66 2019 CIP - CONTRACT A CONTRACT -6- performed under any subcontract is subject to all of the provisions of this Contract in the same manner as if performed by employees of Contractor. Every reference in this Contract to “Contractor” is deemed also to refer to all subcontractors and suppliers of Contractor. Every subcontract must include a provision binding the subcontractor or supplier to all provisions of this Contract. B. Removal of Subcontractors and Suppliers. If any subcontractor or supplier fails to perform the part of the Work undertaken by it in a manner satisfactory to Owner, Contractor must immediately upon notice from Owner terminate such subcontractor or supplier. Contractor will have no claim for damages, for compensation in excess of the Contract Price, or for a delay or extension of the Contract Time as a result of any such termination. 1.13 Simultaneous Work By Others Owner has the right to perform or have performed such other work as Owner may desire in, about, or near the Work Site during the performance of the Work by Contractor. Contractor must make every reasonable effort to perform the Work in such manner as to enable both the Work and such other work to be completed without hindrance or interference from each other. Contractor must afford Owner and other contractors reasonable opportunity for the execution of such other work and must properly coordinate the Work with such other work. 1.14 Occupancy Prior to Final Payment Owner will have the right, at its election, to occupy, use, or place in service any part of the Work prior to Final Payment. Such occupancy, use, or placement in service must be conducted in such manner as not to damage any of the Work or to unreasonably interfere with the progress of the Work. No such occupancy, use, or placement in service may be construed as an acceptance of any of the Work or a release or satisfaction of Contractor’s duty to insure and protect the Work, nor may it, unless conducted in an unreasonable manner, be considered as an interference with Contractor’s provision, performance, or completion of the Work. 1.15 Owner’s Right to Terminate or Suspend Work for Convenience A. Termination or Suspension for Convenience. Owner has the right, for its convenience, to terminate or suspend the Work in whole or in part at any time by written notice to Contractor. Every such notice must state the extent and effective date of such termination or suspension. On such effective date, Contractor must, as and to the extent directed, stop Work under this Contract, cease all placement of further orders or subcontracts, terminate or suspend Work under existing orders and subcontracts, cancel any outstanding orders or subcontracts that may be cancelled, and take any action necessary to protect any property in its possession in which Owner has or may acquire any interest and to dispose of such property in such manner as may be directed by Owner. B. Payment for Completed Work. In the event of any termination pursuant to Subsection 1.15A above, Owner must pay Contractor (1) such direct costs, excluding overhead, as Contractor has paid or incurred for all Work done in compliance with, and as required by or Exhibit A Page 20 of 66 2019 CIP - CONTRACT A CONTRACT -7- pursuant to, this Contract up to the effective date of termination together with ten percent of such costs for overhead and profit; and (2) such other costs pertaining to the Work, exclusive of overhead and profit, as Contractor may have reasonably and necessarily incurred as the result of such termination. Any such payment may be offset by any prior payment or payments and is subject to Owner’s rights to withhold and deduct as provided in this Contract. ARTICLE II: CHANGES AND DELAYS 2.1 Changes Owner has the right, by written order executed by Owner, to make changes in the Contract, the Work, the Work Site, and the Contract Time (“Change Order”). If any Change Order causes an increase or decrease in the amount of the Work, an equitable adjustment in the Contract Price or Contract Time may be made. All claims by Contractor for an equitable adjustment in either the Contract Price or the Contract Time must be made within two business days following receipt of such Change Order, and may, if not made prior to such time, be conclusively deemed to have been waived. No decrease in the amount of the Work caused by any Change Order will entitle Contractor to make any claim for damages, anticipated profits, or other compensation. 2.2 Delays A. Extensions for Unavoidable Delays. For any delay that may result from causes that could not be avoided or controlled by Contractor, Contractor must, upon timely written application, be entitled to issuance of a Change Order providing for an extension of the Contract Time for a period of time equal to the delay resulting from such unavoidable cause. No extension of the Contract Time will be allowed for any other delay in completion of the Work. B. No Compensation for Delays. No payment, compensation, damages, or adjustment of any kind, other than the extension of the Contract Time provided in Subsection 2.2A above, may be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the Work, whether caused by Owner or any other party and whether avoidable or unavoidable. ARTICLE III: CONTRACTOR’S RESPONSIBILITY FOR DEFECTIVE WORK 3.1 Inspection; Testing; Correction of Defects A. Inspection. Until Final Payment, all parts of the Work are subject to inspection and testing by Owner or its designated representatives. Contractor must furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. B. Re-Inspection. Re-inspection and re-testing of any Work may be ordered by Owner at any time, and, if so ordered, any covered or closed Work must be uncovered or opened Exhibit A Page 21 of 66 2019 CIP - CONTRACT A CONTRACT -8- by Contractor. If the Work is found to be in full compliance with this Contract, then Owner must pay the cost of uncovering, opening, re-inspecting, or re-testing, as the case may be. If such Work is not in full compliance with this Contract, then Contractor must pay such cost. C. Correction. Until Final Payment, Contractor must, promptly and without charge, repair, correct, or replace all or any part of the Work that is defective, damaged, flawed, or unsuitable or that in any way fails to conform strictly to the requirements of this Contract. 3.2 Warranty of Work A. Scope of Warranty. Contractor warrants that the Work and all of its components will be free from defects and flaws in design, workmanship, and materials; must strictly conform to the requirements of this Contract; and will be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranty herein expressed is in addition to any other warranties expressed in this Contract, or expressed or implied by law, which are hereby reserved unto Owner. B. Repairs; Extension of Warranty. Contractor, promptly and without charge, must correct any failure to fulfill the above warranty that may be discovered or develop at any time within one year after Final Payment or such longer period as may be prescribed in Attachment 2 or Attachment 5 to this Contract or by law. The above warranty may be extended automatically to cover all repaired and replacement parts and labor provided or performed under such warranty and Contractor’s obligation to correct Work may be extended for a period of one year from the date of such repair or replacement. The time period established in this Subsection 3.2B relates only to the specific obligation of Contractor to correct Work and may not be construed to establish a period of limitation with respect to other obligations that Contractor has under this Contract. C. Subcontractor and Supplier Warranties. Whenever Attachment 2 or Attachment 5 requires a subcontractor or supplier to provide a guaranty or warranty, Contractor is solely responsible for obtaining said guaranty or warranty in form satisfactory to Owner and assigning said warranty or guaranty to Owner. Acceptance of any assigned warranties or guaranties by Owner is a precondition to Final Payment and does not relieve Contractor of any of its guaranty or warranty obligations under this Contract. 3.3 Owner’s Right to Correct If, within two business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this Contract, Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner is entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys’ fees and administrative expenses. Exhibit A Page 22 of 66 2019 CIP - CONTRACT A CONTRACT -9- ARTICLE IV: FINANCIAL ASSURANCES 4.1 Bonds Contemporaneous with Contractor’s execution of this Contract, Contractor must provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, Owner, from a surety company licensed to do business in the State of Illinois with a general rating of A and a financial size category of Class X or better in Best’s Insurance Guide, each in the penal sum of the Contract Price (“Bonds”). Contractor, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, must maintain and keep in force, at Contractor’s expense, the Bonds required hereunder. 4.2 Insurance Contemporaneous with Contractor’s execution of this Contract, Contractor must provide certificates and policies of insurance evidencing the minimum insurance coverages and limits set forth in Attachment 2. For good cause shown, Owner may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as Owner may impose in the exercise of its sole discretion. Such policies must be in a form, and from companies, acceptable to Owner. Such insurance must provide that no change, modification in, or cancellation of any insurance becomes effective until the expiration of 30 days after written notice thereof has have been given by the insurance company to Owner. Contractor must, at all times while providing, performing, or completing the Work, including, without limitation, at all times while correcting any failure to meet warranty pursuant to Section 3.2 of this Contract, maintain and keep in force, at Contractor’s expense, the minimum insurance coverages and limits set forth in Attachment 2. 4.3 Indemnification Contractor hereby agrees to and will indemnify, save harmless, and defend Owner and all of it elected officials, officers, employees, attorneys, agents, and representatives against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Contractor’s performance of, or failure to perform, the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Contractor, except to the extent caused solely by the negligence of Owner. ARTICLE V: PAYMENT 5.1 Contract Price Owner must pay to Contractor, in accordance with and subject to the terms and conditions set forth in this Article V and Attachment 2, and Contractor must accept in full satisfaction for providing, performing, and completing the Work, the amount or amounts set Exhibit A Page 23 of 66 2019 CIP - CONTRACT A CONTRACT -10- forth in Attachment 2 (the “Contract Price”), subject to any additions, deductions, or withholdings provided for in this Contract. 5.2 Taxes and Benefits Owner is exempt from and will not be responsible to pay, or reimburse Contractor for, any state or local sales, use, or excise taxes. The Contract Price includes all other applicable federal, state, and local taxes of every kind and nature applicable to the Work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, or premium is hereby waived and released by Contractor. 5.3 Progress Payments A. Payment in Installments. The Contract Price must be paid in monthly installments in the manner set forth in Attachment 2 (“Progress Payments”). B. Pay Requests. Contractor must, as a condition precedent to its right to receive each Progress Payment, submit to Owner a pay request in the form provided by Owner (“Pay Request”). The first Pay Request must be submitted not sooner than 30 days following commencement of the Work. Owner may, by written notice to Contractor, designate a specific day of each month on or before which Pay Requests must be submitted. Each Pay Request must include (a) Contractor’s certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and (b) Contractor’s certification that all prior Progress Payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. C. Work Entire. This Contract and the Work are entire and the Work as a whole is of the essence of this Contract. Notwithstanding any other provision of this Contract, each and every part of this Contract and of the Work are interdependent and common to one another and to Owner’s obligation to pay all or any part of the Contract Price or any other consideration for the Work. Any and all Progress Payments made pursuant to this Article are provided merely for the convenience of Contractor and for no other purpose. 5.4 Final Acceptance and Final Payment A. Notice of Completion. When the Work has been completed and is ready in all respects for acceptance by Owner, Contractor must notify Owner and request a final inspection (“Notice of Completion”). Contractor’s Notice of Completion must be given sufficiently in advance of the Completion Date to allow for scheduling of the final inspection and for completion or correction before the Completion Date of any items identified by such inspection as being defective, damaged, flawed, unsuitable, nonconforming, incomplete, or otherwise not in full compliance with, or as required by or pursuant to, this Contract (“Punch List Work”). Exhibit A Page 24 of 66 2019 CIP - CONTRACT A CONTRACT -11- B. Punch List and Final Acceptance. The Work may be finally accepted when, and only when, the whole and all parts thereof have been completed to the satisfaction of Owner in full compliance with, and as required by or pursuant to, this Contract. Upon receipt of Contractor’s Notice of Completion, Owner must make a review of the Work and notify Contractor in writing of all Punch List Work, if any, to be completed or corrected. Following Contractor’s completion or correction of all Punch List Work, Owner must make another review of the Work and prepare and deliver to Contractor either a written notice of additional Punch List Work to be completed or corrected or a written notice of final acceptance of the Work (“Final Acceptance”). C. Final Payment. As soon as practicable after Final Acceptance, Contractor must submit to Owner a properly completed final Pay Request in the form provided by Owner (“Final Pay Request”). Owner must pay to Contractor the balance of the Contract Price, after deducting therefrom all charges against Contractor as provided for in this Contract (“Final Payment”). Final Payment must be made not later than 60 days after Owner approves the Final Pay Request. The acceptance by Contractor of Final Payment will operate as a full and complete release of Owner of and from any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses of, by, or to Contractor for anything done, furnished for, arising out of, relating to, or in connection with the Work or for or on account of any act or neglect of Owner arising out of, relating to, or in connection with the Work. 5.5 Liens A. Tit le. Nothing in this Contract may be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this Contract after they have been installed in, incorporated into, attached to, or affixed to, the Work or the Work Site. All such equipment, materials, supplies, and other items will, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such title will not release Contractor from its duty to insure and protect the Work in accordance with the requirements of this Contract. B. Waivers of Lien. Contractor must, from time to time at Owner’s request and in any event prior to Final Payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the Work or the public funds held by Owner exists in favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the Work or this Contract (“Lien”) and that no right to file any Lien exists in favor of any person whatsoever. C. Removal of Liens. If at any time any notice of any Lien is filed, then Contractor must, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or disposition, Owner will have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys’ fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. Exhibit A Page 25 of 66 2019 CIP - CONTRACT A CONTRACT -12- D. Protection of Owner Only. This Section does not operate to relieve Contractor’s surety or sureties from any of their obligations under the Bonds, nor may it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner’s retention of funds pursuant to this Section is deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner will have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner’s interests would thereby be served. 5.6 Deductions A. Owner’s Right to Withhold. Notwithstanding any other provision of this Contract and without prejudice to any of Owner’s other rights or remedies, Owner will have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or Final Payment that may be or become due under this Contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: (1) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Contractor is liable under this Contract; (3) state or local sales, use, or excise taxes from which Owner is exempt; (4) Liens or claims of Lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the Work; (7) inability of Contractor to complete the Work; (8) failure of Contractor to properly complete or document any Pay Request; (9) any other failure of Contractor to perform any of its obligations under this Contract; or (10) the cost to Owner, including attorneys’ fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner’s remedies set forth in Section 6.3 of this Contract. B. Use of Withheld Funds. Owner is entitled to retain any and all amounts withheld pursuant to Subsection 5.6A above until Contractor has either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner is entitled to apply any money withheld or any other money due Contractor under this Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys’ fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this Contract. ARTICLE VI: DISPUTES AND REMEDIES 6.1 Dispute Resolution Procedure A. Notice of Disputes and Objections. If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the Contract Price or Contract Time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor must, nevertheless, proceed without delay to perform the Work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, Exhibit A Page 26 of 66 2019 CIP - CONTRACT A CONTRACT -13- interpretation, determination, or decision, Contractor is conclusively deemed to have waived all such disputes or objections and all claims based thereon. B. Negotiation of Disputes and Objections. To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations. Within three business days after Owner’s receipt of Contractor’s written notice of dispute or objection, a conference between Owner and Contractor will be held to resolve the dispute. Within three business days after the end of the conference, Owner must render its final decision, in writing, to Contractor. If Contractor objects to the final decision of Owner, then it must, within three business days, give Owner notice thereof and, in such notice, must state its final demand for settlement of the dispute. Unless Contractor so notifies Owner, Contractor will be conclusively deemed (1) to have agreed to and accepted Owner’s final decision and (2) to have waived all claims based on such final decision. 6.2 Contractor’s Remedies If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within 10 days after receipt of such demand, then Contractor will be entitled to pursue such remedies, not inconsistent with the provisions of this Contract, as it may have in law or equity. 6.3 Owner’s Remedies If it should appear at any time prior to Final Payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the Work with diligence at a rate that assures completion of the Work in full compliance with the requirements of this Contract on or before the Completion Date, or has attempted to assign this Contract or Contractor’s rights under this Contract, either in whole or in part, or has falsely made any representation or warranty in this Contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this Contract or has failed to pay its debts as they come due (“Event of Default”), and has failed to cure any such Event of Default within five business days after Contractor’s receipt of written notice of such Event of Default, then Owner will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the Work Site any such Work; to accelerate all or any part of the Work; and to take any or all other action necessary to bring Contractor and the Work into strict compliance with this Contract. 2. Owner may perform or have performed all Work necessary for the accomplishment of the results stated in Paragraph 1 above and withhold or Exhibit A Page 27 of 66 2019 CIP - CONTRACT A CONTRACT -14- recover from Contractor all the cost and expense, including attorneys’ fees and administrative costs, incurred by Owner in connection therewith. 3. Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the Contract Price. 4. Owner may terminate this Contract without liability for further payment of amounts due or to become due under this Contract. 5. Owner may, without terminating this Contract, terminate Contractor’s rights under this Contract and, for the purpose of completing or correcting the Work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the Work, whether at the Work Site or elsewhere, and either complete or correct the Work with its own forces or contracted forces, all at Contractor’s expense. 6. Upon any termination of this Contract or of Contractor’s rights under this Contract, and at Owner’s option exercised in writing, any or all subcontracts and supplier contracts of Contractor will be deemed to be assigned to Owner without any further action being required, but Owner may not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. 7. Owner may withhold from any Progress Payment or Final Payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys’ fees and administrative expenses, incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. 8. Owner may recover any damages suffered by Owner. 6.4 Owner’s Additional Remedy for Delay If the Work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this Contract, within the Contract Time as such time may be extended by Change Order, then Owner may invoke its remedies under Section 6.3 of this Contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the Work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the Work is delayed beyond the Completion Date, computed on the basis of the “Per Diem Administrative Charge” set forth in Attachment 2, as well as any additional damages caused by such delay. Exhibit A Page 28 of 66 2019 CIP - CONTRACT A CONTRACT -15- 6.5 Terminations and Suspensions Deemed for Convenience Any ter mination or suspension of Contractor’s rights under this Contract for an alleged default that is ultimately held unjustified will automatically be deemed to be a termination or suspension for the convenience of Owner under Section 1.15 of this Contract. ARTICLE VII: LEGAL RELATIONSHIPS AND REQUIREMENTS 7.1 Binding Effect This Contract is binding on Owner and Contractor and on their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every reference in this Contract to a party is deemed to be a reference to the authorized officers, employees, agents, and representatives of such party. 7.2 Relationship of the Parties Contractor will act as an independent contractor in providing and performing the Work. Nothing in, nor done pursuant to, this Contract may be construed (1) to create the relationship of principal and agent, partners, or joint ventures between Owner and Contractor or (2) except as provided in Paragraph 6.3(6) above, to create any relationship between Owner and any subcontractor or supplier of Contractor. 7.3 No Collusion/Prohibited Interests Contractor hereby represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to Owner prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. If at any time it is found that Contractor has, in procuring this Contract, colluded with any other person, firm, or corporation, then Contractor will be liable to Owner for all loss or damage that Owner may suffer thereby, and this Contract will, at Owner’s option, be null and void. Contractor hereby represents and warrants that neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism, and neither Contractor nor any person affiliated with Contractor or that has an economic interest in Contractor or that has or will have an interest in the Work or will participate, in any manner whatsoever, in the Work is, directly or indirectly, engaged in, or facilitating, the Work on behalf of any such person, group, entity or nation. Exhibit A Page 29 of 66 2019 CIP - CONTRACT A CONTRACT -16- 7.4 Assignment Contractor may not (1) assign this Contract in whole or in part, (2) assign any of Contractor’s rights or obligations under this Contract, or (3) assign any payment due or to become due under this Contract without the prior express written approval of Owner, which approval may be withheld in the sole and unfettered discretion of Owner; provided, however, that Owner’s prior written approval will not be required for assignments of accounts, as defined in the Illinois Commercial Code, if to do so would violate Section 9-318 of the Illinois Commercial Code, 810 ILCS 5/9-318. Owner may assign this Contract, in whole or in part, or any or all of its rights or obligations under this Contract, without the consent of Contractor. 7.5 Confidential Information All information supplied by Owner to Contractor for or in connection with this Contract or the Work must be held confidential by Contractor and may not, without the prior express written consent of Owner, be used for any purpose other than performance of the Work. 7.6 No Waiver No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by Owner, nor any order by Owner for the payment of money, nor any payment for, or use, occupancy, possession, or acceptance of, the whole or any part of the Work by Owner, nor any extension of time granted by Owner, nor any delay by Owner in exercising any right under this Contract, nor any other act or omission of Owner may constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming or incomplete Work, equipment, materials, or supplies, nor operate to waive or otherwise diminish the effect of any warranty or representation made by Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of Owner. 7.7 No Third Party Beneficiaries No claim as a third party beneficiary under this Contract by any person, firm, or corporation other than Contractor may be made or be valid against Owner. 7.8 Notices All notices required or permitted to be given under this Contract must be in writing and are deemed received by the addressee thereof when delivered in person on a business day at the address set forth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Owner must be addressed to, and delivered at, the following address: Exhibit A Page 30 of 66 2019 CIP - CONTRACT A CONTRACT -17- with a copy to: Holland & Knight LLP 131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 Attention: Tim Oakley Attention: Peter Friedman Notices and communications to Contractor must be addressed to, and delivered at, the following address: John Neri Construction Co., Inc. 770 Factory Road Addison, IL 60101 The foregoing may not be deemed to preclude the use of other non-oral means of notification or to invalidate any notice properly given by any such other non-oral means. By notice complying with the requirements of this Section, Owner and Contractor each have the right to change the address or addressee or both for all future notices to it, but no notice of a change of address is effective until actually received. 7.9 Governing Laws This Contract and the rights of Owner and Contractor under this Contract will be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois. 7.10 Changes in Laws Unless otherwise explicitly provided in this Contract, any reference to laws includes such laws as they may be amended or modified from time to time. 7.11 Compliance with Laws A. Compliance Required. Contractor must give all notices, pay all fees, and take all other action that may be necessary to ensure that the Work is provided, performed, and completed in accordance with all required governmental permits, licenses or other approvals and authorizations that may be required in connection with providing, performing, and completing the Work, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (see Subsection C of this Section) (a copy of Owner’s ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate applies to this Contract); any other applicable prevailing wage laws; the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes requiring preference to laborers of specified classes; the Illinois Steel Products Procurement Act, 30 ILCS 565/1 et seq.; any statutes prohibiting discrimination because of, or requiring Exhibit A Page 31 of 66 2019 CIP - CONTRACT A CONTRACT -18- affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and the Public Works Discrimination Act, 775 ILCS 10/0.01 et seq.; and any statutes regarding safety or the performance of the Work, including the Illinois Underground Utility Facilities Damage Prevention Act, 220 ILCS 50/1 et seq., and the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. B. Liability for Fines, Penalties. Contractor is solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor’s, or its subcontractors’ or suppliers’, performance of, or failure to perform, the Work or any part thereof. C. Prevailing Wage Act. Contractor and each subcontractor, in order to comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (the “Act”), must submit to the City a certified payroll on a monthly basis, in accordance with Section 5 of the Act. The certified payroll must consist of a complete copy of those records required to be made and kept by the Act. The certified payroll must be accompanied by a statement signed by the contractor or subcontractor that certifies that (1) such records are true and accurate, (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Act, and (3) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Contractor may rely on the certification of a subcontractor, provided that Contractor does not knowingly rely on a subcontractor’s false certification. On two business days’ notice, Contractor and each subcontractor must make available for inspection the records required to be made and kept by the Act (i) to the City and its officers and agents and to the Director of the Illinois Department of Labor and his or her deputies and agents and (ii) at all reasonable hours at a location within the State. D. Required Provisions Deemed Inserted. Every provision of law required by law to be inserted into this Contract is deemed to be inserted herein. 7.12 Compliance with Patents A. Assumption of Costs, Royalties, and Fees. Contractor will pay or cause to be paid all costs, royalties, and fees arising from the use on, or the incorporation into, the Work, of patented equipment, materials, supplies, tools, appliances, devices, processes, or inventions. B. Effect of Contractor Being Enjoined. Should Contractor be enjoined from furnishing or using any equipment, materials, supplies, tools, appliances, devices, processes, or inventions supplied or required to be supplied or used under this Contract, Contractor must promptly offer substitute equipment, materials, supplies, tools, appliances, devices, processes, or inventions in lieu thereof, of equal efficiency, quality, suitability, and market value, for review by Owner. If Owner should disapprove the offered substitutes and should elect, in lieu of a substitution, to have supplied, and to retain and use, any such equipment, materials, supplies, tools, appliances, devices, processes, or inventions as may by this Contract be required Exhibit A Page 32 of 66 2019 CIP - CONTRACT A CONTRACT -19- to be supplied, Contractor must pay such royalties and secure such valid licenses as may be requisite and necessary for Owner to use such equipment, materials, supplies, tools, appliances, devices, processes, or inventions without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should Contractor neglect or refuse to make any approved substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then Owner will have the right to make such substitution, or Owner may pay such royalties and secure such licenses and charge the cost thereof against any money due Contractor from Owner or recover the amount thereof from Contractor and its surety or sureties notwithstanding that Final Payment may have been made. 7.13 Time The Contract Time is of the essence of this Contract. Except where otherwise stated, references in this Contract to days is construed to refer to calendar days. 7.14 Severability The provisions of this Contract will be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Contract is held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Contract will be in any way affected thereby. 7.15 Entire Agreement This Contract sets forth the entire agreement of Owner and Contractor with respect to the accomplishment of the Work and the payment of the Contract Price therefor, and there are no other understandings or agreements, oral or written, between Owner and Contractor with respect to the Work and the compensation therefor. 7.16 Amendments No modification, addition, deletion, revision, alteration or other change to this Contract is effective unless and until such change is reduced to writing and executed and delivered by Owner and Contractor. Exhibit A Page 33 of 66 2019 CIP - CONTRACT A CONTRACT -20- IN WITNESS WHEREOF, Owner and Contractor have caused this Contract to be executed by their properly authorized representatives in two original counterparts as of the Effective Date. CITY OF DES PLAINES By: _________________________________ Name: _________________________________ Title: _________________________________ Attest: By: _________________________________ Name: _________________________________ Title: _________________________________ JOHN NERI CONSTRUCTION CO., INC. By: _________________________________ Name: _________________________________ Title: _________________________________ Attest: By: _________________________________ Name: _________________________________ Title: _________________________________ Exhibit A Page 34 of 66 -1- STATE OF ILLINOIS ) ) SS COUNTY OF __________ ) CONTRACTOR’S CERTIFICATION _______________________________________[contractor’s executing officer], being first duly sworn on oath, deposes and states that all statements herein made are made on behalf of Contractor, that this deponent is authorized to make them, and that the statements contained herein are true and correct. Contractor deposes, states, and certifies that Contractor is not barred from contracting with a unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the “Patriot Act”) or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. DATED: ____________________, 20___. John Neri Construction Co., Inc. By: _________________________________ Name: _________________________________ Title: _________________________________ Attest: By: _________________________________ Name: _________________________________ Title: _________________________________ Subscribed and Sworn to before me on ____________________, 20___. My Commission expires: __________________ ____________________________ Notary Public (SEAL) Exhibit A Page 35 of 66 Attachment 1 Exhibit A Page 36 of 66 Attachment 1 Exhibit A Page 37 of 66 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A ATTACHMENT 2 SUPPLEMENTAL SCHEDULE OF CONTRACT TERMS 1. Project: 2019 CIP – Contract A – Street and Utility Improvements The project includes installation of new water main and service connections, abandonment or removal of old water main pipe, installation of new storm sewers, repair and replacement of storm catch basins, replacement of various existing storm and sanitary sewers, sanitary sewer lining, street rehabilitation, pavement and base replacement, curb and gutter replacement, driveway apron replacement, miscellaneous sidewalk repairs, regrading of parkways, and miscellaneous landscaping restoration. 2. Work Site: Chestnut Street (Howard to Dead End) Circle Street (Prospect to Illinois) David Drive (Joseph to Rusty) Sherwin Avenue (Magnolia to Des Plaines River Rd) Spruce Avenue (Mannheim to Prospect) Sprucewood Avenue (Jarlath to Birchwood) Westview Drive (Touhy to Jarvis) 3. Permits, Licenses, Approvals, and Authorizations: Contractor must obtain all required governmental permits, licenses, approvals, and authorizations, except: ☒ [Identify permits, licenses, and approvals obtained, or to be obtained, by Owner] IEPA – Public Water Supplies Contruction Permit MWRD – Watershed Management Ordinance Permit (WMO) ☐ No Exceptions Exhibit A Page 38 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -2- 4. Commencement Date: ☒ the date of execution of the Contract by Owner. ☐ ______________ days after execution of the Contract by Owner. ☒ OR no later than Monday, May 13, 2019 5. Completion Date: Starting and Substantial Completion Dates: The following starting and substantial completion dates apply to this contract as designated by street: ☐ ______________ days after the Commencement Date plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract ☒ Wednesday, November 27, 2019, plus extensions, if any, authorized by a Change Order issued pursuant to Subsection 2.2A of the Contract Completion includes the approved and acceptable construction of all pay items: including concrete correction (punch) list items, all hot-mix asphalt items including surface courses and all landscape restoration work, including topsoil and sod placement. STREET START DATE SUBSTANTIAL COMPLETION DATE Chestnut Street 5/13/19 8/16/19 Spruce Avenue 5/27/19 8/30/19 Circle Street 6/10/19 8/30/19 Sherwin Avenue 7/8/19 9/28/19 David Drive 7/8/19 10/12/19 Sprucewood Avenue 7/15/19 11/27/19 Westview Drive 7/15/19 11/27/19 Days and Hours of Work. Workdays for this Contract are Monday through Friday between the hours of 7AM to 6PM. No work shall be done or equipment operated outside of these permitted hours. No work shall be done on any Saturdays, Sundays or the following specified days unless otherwise approved by the Project Manager. Monday May 27, 2019 Memorial Day Holiday Thursday July 4, 2019 Independence Day Holiday Monday September 2, 2019 Labor Day Holiday Exhibit A Page 39 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -3- Monday October 14, 2019 Columbus Day Holiday Monday November 11, 2019 Veterans Day Holiday Thursday November 28, 2019 Thanksgiving Day Holiday Friday November 29, 2019 Day After Thanksgiving Holiday In the event, the Contractor works on Saturday, Sunday, or holiday, during which time the Engineer and/or Inspector(s) are required to be present, the City of Des Plaines shall pay the cost for such overtime engineering services and shall deduct such cost from payments due the Contractor. Overtime engineering services shall be charged at the Engineer’s standard hourly rate for all time over eight hours on any single weekday and for all hours on Saturday, Sunday, and holidays and/or Inspector(s) standard hourly rate applied on a one and one-half (x 1 ½) basis for all time over eight hours on any single weekday and for all hours on Saturday and a double time (x 2) basis for all Sunday and holiday hours of the Inspector’s standard hourly rate. If the amount due the Contractor is not sufficient to cover the cost of overtime engineering service, the Contractor shall reimburse the City of Des Plaines in the amount necessary to cover such costs. The Project Manager shall approve necessary personnel and time for engineering services. Progress Schedule. The Contractor shall submit, for approval by the Engineer, a Progress Schedule, which complies with the requirements of these specifications, and Completion Dates. The Progress Schedule shall include an Estimate of Time and/or Performance Rate for each controlling pay item. Once a Progress Schedule is approved, there shall be no deviation without the written approval of the Engineer. If the Contractor falls 10 or more working days behind the Approved Progress Schedule, they shall provide the Engineer with a revised Progress Schedule that complies with the requirements of the Contract for the Engineer's review. TIME IS OF THE ESSENCE ON THIS CONTRACT AND LIQUIDATED DAMAGES WILL BE ASSESSED FOR EACH DAY THAT THE WORK REMAINS INCOMPLETE PAST THE STATED COMPLETION DATE. 6. Insurance Coverage: A. Worker’s Compensation and Employer’s Liability with limits not less than: (1) Worker’s Compensation: Statutory; (2) Employer’s Liability: $1,000,000 injury-per occurrence; $1,000,000 disease-per employee; $1,000,000 disease-policy limit Such insurance must evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $2,000,000 for vehicles owned, non-owned, or rented. Exhibit A Page 40 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -4- All employees must be included as insureds. C. Comprehensive General Liability with coverage written on an “occurrence” basis and with limits no less than: (1) General Aggregate: $5,000,000. See Subsection F below regarding use of umbrella overage. (2) Bodily Injury: $2,000,000 per person; $2,000,000 per occurrence (3) Property Damage: $2,000,000 per occurrence and $5,000,000 aggregate. Coverage must include: - Premises / Operations - Products / Completed Operations (to be maintained for two years after Final Payment) - Independent Contractors - Personal Injury (with Employment Exclusion deleted) - Broad Form Property Damage Endorsement - Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) - Bodily Injury and Property Damage “X”, “C”, and “U” exclusions must be deleted. Railroad exclusions must be deleted if Work Site is within 50 feet of any railroad track. All employees must be included as insured. ☐D. Builders Risk Insurance. This insurance must be written in completed value form, must protect Contractor and Owner against “all risks” of direct physical loss to buildings, structures, equipment, and materials to be used in providing, performing, and completing the Work, including without limitation fire extended coverage, vandalism and malicious mischief, sprinkler leakage, flood, earth movement and collapse, and must be designed for the circumstances that may affect the Work. This insurance must be written with limits not less than the insurable value of the Work at completion. The insurable value must include the aggregate value of Owner-furnished equipment and materials to be constructed or installed by Contractor. Exhibit A Page 41 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -5- This insurance must include coverage while equipment or materials are in warehouses, during installation, during testing, and after the Work is completed, but prior to Final Payment. This insurance must include coverage while Owner is occupying all or any part of the Work prior to Final Payment without the need for the insurance company’s consent. ☐ E. Owner’s and Contractor’s Protective Liability Insurance. Contractor, at its sole cost and expense, must purchase this Insurance in the name of Owner with a combined single limit for bodily injury and property damage of not less than $1,000,000. F. Umbrella Policy. The required coverage may be in the form of an umbrella policy above $2,000,000 primary coverage. All umbrella policies must provide excess coverage over underlying insurance on a following-form basis so that, when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover that loss. ☐G. Deductible. Each policy must have a deductible or self-insured retention of not more than $________. ☒H. Owner as Additional Insured. Owner must be named as an Additional Insured on the following policies: Comprehensive General Liability, Comprehensive Motor Vehicle Liability, and Umbrella Policy. The Additional Insured endorsement must identify Owner as follows: The City of Des Plaines and its boards, commissions, committees, authorities, employees, agencies, officers, voluntary associations, and other units operating under the jurisdiction and within the appointment of its budget. ☐ I. Other Parties as Additional Insureds. In addition to Owner, the following parties must be named as additional insured on the following policies: Additional Insured Policy or Policies 7. Contract Price: SCHEDULE OF PRICES Exhibit A Page 42 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -6- ☐ A. LUMP SUM CONTRACT For providing, performing, and completing all Work, the total Contract Price of (write in numbers only): $ ________________________________ ☐ All Work will be paid on a force account basis, using the terms of Section 109.04(b) of the IDOT Standard Specifications For Road And Bridge Construction 2016, without limitation to “extra work.” Contractor shall be paid in installments (see below). Contractor must submit Pay Requests including itemized statements of the cost of the Work, accompanied and supported by statements and invoices for all labor, materials, transportation charges and other items of the Work, using standard Illinois Department of Transportation schedules and report forms. ☒ B. UNIT PRICE CONTRACT NOTE: If Owner has provided a separate form Schedule of Pricing attached to this Attachment 1, then that Schedule of Prices will be used and this Subsection B should not be used. If Owner has not provided a separate form Schedule of Prices, then this Subsection B should be used. For providing, performing, and completing all Work, the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: COMPLETE TABLE AS INDICATED Unit Price Item Unit Approximate Number of Units Price Per Unit Extension 1 $_________ $_______________ 2 $_________ $_______________ 3 $_________ $_______________ TOTAL CONTRACT PRICE (write in numbers only): $ _____________________________________ Exhibit A Page 43 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -7- ☐ C. COMBINED LUMP SUM/UNIT PRICE CONTRACT (1) For providing, performing, and completing all Work related to [describe lump sum work], the total sum of (write in numbers only): $ ______________________________________ (2) For providing, performing, and completing all Work related to [describe unit price work], the sum of the products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated in the Work by the Unit Price set forth below for such Unit Price Item: COMPLETE TABLE AS INDICATED Unit Price Item Unit Approximate Number of Units Price Per Unit Extension 1 $_________ $_______________ 2 $_________ $_______________ 3 $_________ $_______________ TOTAL CONTRACT PRICE, being the sum of (1) plus the extension of (2) (write in numbers only): $ ________________________________________ D. Any items of Work not specifically listed or referred to in the Schedule of Prices, or not specifically included for payment under any Unit Price Item, shall be deemed incidental to the Contract Price, shall not be measured for payment, and shall not be paid for separately except as incidental to the Contract Price, including without limitation extraordinary equipment repair, the cost of transportation, packing, cartage, and containers, the cost of preparing schedules and submittals, the cost or rental of small tools or buildings, the cost of utilities and sanitary conveniences, and any portion of the time of Bidder, its superintendents, or its office and engineering staff. 8. Progress Payments: A. General. Owner must pay to Contractor 90 percent of the Value of Work, determined in the manner set forth below, installed and complete in place up to Exhibit A Page 44 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -8- the day before the Pay Request, less the aggregate of all previous Progress Payments. The total amount of Progress Payments made prior to Final Acceptance by Owner may not exceed 90 percent of the Contract Price. B. Value of Work. The Value of the Work will be determined as follows: (1) Lump Sum Items. For all Work to be paid on a lump sum basis, Contractor must, not later than 10 days after execution of the Contract and before submitting its first Pay Request, submit to Owner a schedule showing the value of each component part of such Work in form and with substantiating data acceptable to Owner (“Breakdown Schedule”). The sum of the items listed in the Breakdown Schedule must equal the amount or amounts set forth in the Schedule of Prices for Lump Sum Work. An unbalanced Breakdown Schedule providing for overpayment of Contractor on component parts of the Work to be performed first will not be accepted. The Breakdown Schedule must be revised and resubmitted until acceptable to Owner. No payment may be made for any lump sum item until Contractor has submitted, and Owner has approved, an acceptable Breakdown Schedule. Owner may require that the approved Breakdown Schedule be revised based on developments occurring during the provision and performance of the Work. If Contractor fails to submit a revised Breakdown Schedule that is acceptable to Owner, Owner will have the right either to suspend Progress and Final Payments for Lump Sum Work or to make such Payments based on Owner’s determination of the value of the Work completed. (2) Unit Price Items. For all Work to be paid on a unit price basis, the value of such Work will be determined by Owner on the basis of the actual number of acceptable units of Unit Price Items installed and complete in place, multiplied by the applicable Unit Price set forth in the Schedule of Prices. The actual number of acceptable units installed and complete in place will be measured on the basis described in Attachment 1 to the Contract or, in the absence of such description, on the basis determined by Owner. The number of units of Unit Price Items stated in the Schedule of Prices are Owner’s estimate only and may not be used in establishing the Progress or Final Payments due Contractor. The Contract Price will be adjusted to reflect the actual number of acceptable units of Unit Price Items installed and complete in place upon Final Acceptance. C. Application of Payments. All Progress and Final Payments made by Owner to Contractor will be applied to the payment or reimbursement of the costs with respect to which they were paid and will not be applied to or used for any pre- existing or unrelated debt between Contractor and Owner or between Contractor and any third party. Exhibit A Page 45 of 66 2019 CIP - CONTRACT A ATTACHMENT 2 -9- 9. Per Diem Administrative Charge: ☒ $2,300.00 per IDOT SSRB ☐No Charge 10. Standard Specifications: The Contract includes the following Illinois Department of Transportation standard specifications, each of which are incorporated into the Contract by reference: ☒"State of Illinois Standard Specifications for Road and Bridge Construction" (SSRB) ☒"Standard Specifications for Water and Sewer Main Construction in Illinois" (SSWS) ☒"Illinois Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). The Contract also includes Owner’s City Code and Building Codes. References to any of these manuals, codes, and specifications means the latest editions effective on the date of the bid opening. See Attachment 5 for any special project requirements Exhibit A Page 46 of 66 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A ATTACHMENT 3 SPECIFICATIONS INDEX OF SPECIAL PROVISIONS The following Index is provided for the Bidder's convenience only. Bidders are advised to thoroughly read each Special Provision and familiarize themselves with their content. PAGE NUMBER DESCRIPTION 1 SPECIAL PROVISIONS 1 CONTRACTOR SAFETY RESPONSIBILITY 1 COOPERATION BY CONTRACTOR 2 DIRT ON PAVEMENT 2 OBSTRUCTION OF STREETS AND RIGHTS OF WAY 2 TESTING OF MATERIALS 3 RECORD DRAWING SURVEY POINT FILE 4 EXPLORATION TRENCH 4 TEMPORARY AGGREGATE, CA-6 5 TRENCH BACKFILL 5 DUCTILE IRON PIPE WATER MAIN, CLASS 52 6 CARRIER PIPE 7 CASING PIPE 8 CASING SPACERS 8 WATER MAIN CHLORINATION AND TESTING 9 WATER SERVICE AUGERING 10 WATER MAIN RESTRAINED JOINT FITTINGS 11 GATE VALVE, VAULT, FRAME AND CLOSED LID 11 FIRE HYDRANT REMOVAL 12 FIRE HYDRANT AND AUXILIARY VALVE 13 WATER SERVICE LINE 14 WATER SERVICE SADDLES 15 CORPORATION STOP 15 CURB STOP 16 CURB BOX 16 ADJUSTING WATER SERVICE LINES Exhibit A Page 47 of 66 2019 CIP - CONTRACT A ATTACHMENT 3 -2- 17 ADJUST EXISTING CURB BOX 17 ABANDON EXISTING VALVE AND VAULT 18 SANITARY MANHOLE, TYPE A NEW FRAME, CLOSED LID 19 SANITARY MANHOLE ADJUSTMENT AND RECONSTRUCTION 19 SANITARY SEWER MAIN AND LATERAL REPAIR 21 SANITARY SEWER, DUCTILE IRON PIPE, CLASS 52 22 SEWER LINING WITH CURED-IN-PLACE PIPE LINER 28 PIPE REMOVAL, ALL TYPES AND SIZES 29 MANHOLE, CATCH BASIN, VALVE VAULT ADJUSTMENT AND RECONSTRUCTION 30 STORM MANHOLE AND CATCH BASIN CONSTRUCTION 32 STORM SEWER, DUCTILE IRON PIPE 32 PVC STORM SEWER 33 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT 35 SIDEWALK REMOVAL PORTLAND CEMENT CONCRETE SIDEWALK DETECTABLE WARNINGS 36 REINFORCEMENT BARS, EPOXY COATED 36 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT REMOVAL AND REPLACEMENT 37 TEMPORARY PAVEMENT PATCH 37 HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH 38 PAVEMENT REMOVAL 38 PAVEMENT PATCHING 39 AGGREGATE BASE COURSE, TYPE B 39 HOT-MIX ASPHALT DRIVEWAY SURFACE COURSE REMOVAL AND REPLACEMENT 40 REMOVE SIGN PANEL ASSEMBLY 40 SIGN PANEL, TYPE 1 41 TELESCOPING STEEL SIGN SUPPORT 41 GRADING AND SHAPING PARKWAYS AND DITCHES 42 43 TOPSOIL PLACEMENT 4 INCHES AND SODDING TOPSOIL PLACEMENT 4 INCHES AND SEEDING WITH STRAW BLANKET 43 PORTABLE TOILETS 44 TRAFFIC CONTROL AND PROTECTION 45 CASING PIPE, WATER SERVICE 45 HOT-MIX ASPHALT DRIVEWAY PAVEMENT REMOVAL AND REPLACEMENT 46 RESET BRICK PAVER DRIVEWAY APRON 48 INDEX FOR SUPPLEMENTAL SPECIFICATIONS AND RECURRING SPECIAL PROVISIONS 50 CHECK SHEET FOR RECURRING SPECIAL PROVISIONS 51 LOCAL ROADS AND STREETS RECURRING SPECIAL PROVISIONS Exhibit A Page 48 of 66 2019 CIP - CONTRACT A ATTACHMENT 3 -3- 52 BDE SPECIAL PROVISIONS 54 ADJUSTING FRAMES AND GRATES (BDE) 56 CONSTRUCTION AIR QUALITY – DIESEL RETROFIT (BDE) 59 HOT-MIX ASPHALT – DENSITY TESTING OF LONGITUDINAL JOINTS (BDE) 61 HOT-MIX ASPHALT – OSCILLATORY ROLLER (BDE) 63 HOT-MIX ASPHALT – QUALITY CONTROL FOR PERFORMANCE (BDE) 69 HOT-MIX ASPHALT – TACK COAT (BDE) 70 LIGHTS ON BARRICADES (BDE) 72 MANHOLES, VALVE VAULTS, AND FLAT SLAB TOPS 74 METAL FLARED END SECTION FOR PIPE CULVERTS (BDE) 75 PAYMENTS TO SUBCONTRACTORS 76 PORTLAND CEMENT CONCRETE (BDE) 77 PORTLAND CEMENT CONCRETE SIDEWALK (BDE) 78 PROGRESS PAYMENTS (BDE) 79 RECLAIMED ASPHALT PAVEMENT (RAP) AND RECLAIMED ASPHALT SHINGLES (RAS) 89 SUBCONTRACTOR AND DBE PAYMENT REPORTING (BDE) 90 SUBCONTRACTOR MOBILIZATION PAYMENTS (BDE) 91 TRAFFIC CONTROL DEVICES – CONES (BDE) 92 EQUIPMENT RENTAL RATES (LR 109) 93 CONSTRUCTION AND MAINTENANCE SIGNS (LR 702) OTHER ATTACHMENTS: IDOT HIGHWAY STANDARDS TRENCH BACKFILL TABLES NO PARKING SIGN SOIL BORINGS STORM WATER POLLUTION PREVENTION PLAN Exhibit A Page 49 of 66 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A ATTACHMENT 4 LIST OF DRAWINGS INDEX OF SHEETS Sheet No. Description 1 COVER SHEET 2 LEGEND GENERAL NOTES 3 SCHEDULE OF QUANTITIES GENERAL NOTES 4 TYPICAL SECTIONS - 1 5 TYPICAL SECTIONS - 2 6 - 7 CIRCLE STREET 8 - 11 CHESTNUT STREET 12 - 14 SPRUCE AVENUE 15 SHERWIN AVENUE 16 - 17 DAVID DRIVE 18 - 20 WESTVIEW DRIVE 21 - 24 SPRUCEWOOD AVENUE 25 - 26 TYPICAL DETAILS 27 SE-SC DETAIL Exhibit A Page 50 of 66 -1- CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A ATTACHMENT 5 SPECIAL PROJECT REQUIREMENTS PRE-CONSTRUCTION MEETING Prior to commencing any construction operations, there shall be a Pre-Construction Meeting conducted at the Public Works and Engineering Office, Des Plaines Civic Center, 1420 Miner Street, Room 504. The Engineer will set the date and time of the Pre-Construction Meeting after execution of the Contract by both parties. The Contractor's full time Superintendent must attend the Pre-Construction meeting. The following shall be submitted for review at the Pre-Construction meeting: Progress Schedule (submit 3 working days prior) for review Superintendent 24-hour emergency phone number, field phone number, pager number and cellular telephone number Name and 24-hour emergency telephone number of the person in the direct employ of the Contractor who is responsible for administrating the Traffic Control on the Contract. List of Subcontractors, including quantity and type of work to be sublet, their qualifications, references and certified copies of their subcontract agreements. List of Material Suppliers and phone numbers Mix Designs for concrete and hot-mix asphalt items to be incorporated in the Contract All Subcontractors are required to either attend the Pre-Construction meeting or attend a Field Pre-Construction meeting with the Resident Engineer and the Contractor's Superintendent prior to the beginning of any sub-let work. CLAIMS The Contractor agrees to save and hold harmless the Owner and the Engineer from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of the use of the streets or sidewalks, or resulting from the excavations, openings, Exhibit A Page 51 of 66 2019 CIP - CONTRACT A ATTACHMENT 5 -2- obstructions, or defects that may be made or left in the streets or sidewalks by the Contractor or their several agents, or any other person engaged in the performance of this Contract. The Contractor shall save the Owner and the Engineer harmless from all claims, demands, suits, judgment decrees, including costs, expenses and attorney fees on account of, or arising out of any infringement of any patent rights or royalties claimed by any one on account of machinery, instrument tools, materials, principals or processes used by them or about said work. PROCEDURE FOR RESOLVING PROPERTY DAMAGE CLAIMS The General Contractor agrees to adhere to the following procedure to resolve all property damage claims that are related to the performance of all Work on this Contract. It is the responsibility of the General Contractor to require that all Subcontractors and Material Suppliers follow this claim procedure. The City reserves the right to withhold one and one half times the estimated cost of the damages from sums due the General Contractor until all claims related to performance of their Work are resolved as herein provided. Upon receipt of a claim against the General Contractor for property damage allegedly caused or related to the performance of their Work under this Contract, the General Contractor shall, within 5 working days of receipt of such claim: Acknowledge the claim, in writing, to the property owner. Furnish the Engineer with written acknowledgement of receipt of the claim, including a copy of the claim and all information related to it. If the claim is not settled (or the General Contractor does not agree to settle the claim) within 5 days, the General Contractor shall: Forward the claim to the General Contractor’s Insurance Carrier. Furnish the Engineer with a copy of the Insurance Carrier’s written acknowledgement of receipt of the claim Exhibit A Page 52 of 66 2019 CIP - CONTRACT A ATTACHMENT 5 -3- The General Contractor shall either settle or deny the claim within 60 calendar days from initial receipt of the claim, the General Contractor shall: Notify the Engineer, in writing, of claims that have been settled or denied, including the terms of the settlement or the reason for the denial. Notify the property owner if there is a decision to deny their claim and shall include in the Notice of Denial the name and address of the person authorized to accept service of process on behalf of the General Contractor. When a claim is allowed in any amount, within 30 days of the award, pay to the property owner the amount of the award. If the Contractor does not make payment to the property owner within the 30 day period, the Owner shall be authorized to make the payment in the amount of the award on behalf of the General Contractor and deduct the amount of the payment from the amount due the General Contractor on the next payment due the Contractor under this Contract. Exhibit A Page 53 of 66 CITY OF DES PLAINES CONTRACT FOR THE CONSTRUCTION OF 2019 CIP - CONTRACT A APPENDIX 1 PREVAILING WAGE ORDINANCE Exhibit A Page 54 of 66 Exhibit A Page 55 of 66 Exhibit A Page 56 of 66 Exhibit A Page 57 of 66 Exhibit A Page 58 of 66 Exhibit A Page 59 of 66 Exhibit A Page 60 of 66 Exhibit A Page 61 of 66 Exhibit A Page 62 of 66 Exhibit A Page 63 of 66 Exhibit A Page 64 of 66 Exhibit A Page 65 of 66 Exhibit A Page 66 of 66 OFFICE OF the MAYOR 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: May 9, 2019 To: Aldermen Cc: Michael G. Bartholomew, City Manager From: Matthew J. Bogusz, Mayor Subject: Annual Member Dues to the Northwest Municipal Conference Issue: An invoice for annual membership dues to the Northwest Municipal Conference has been received for the 2019-2020 fiscal year. Analysis: The City of Des Plaines is presently a member of the Northwest Municipal Conference. An invoice was recently received in the amount of $25,528.00, which is based on our population figure of 58,364 @ .437 per capita. The amount of the dues has been included in the 2019 Budget under Elected Office. Recommendation: That the City of Des Plaines continue as a member of the Northwest Municipal Conference and remit annual dues of $25,528.00 for the 2010-2020 fiscal year. Attachments: Resolution R-102-19 Exhibit A – Invoice MEMORANDUM Page 1 of 4 CITY OF DES PLAINES RESOLUTION R - 102 - 19 A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO RENEW ITS MEMBERSHIP IN THE NORTHWEST MUNICIPAL CONFERENCE. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City of Des Plaines (“City”) to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., encourages cooperation between governmental entities and agencies; and WHEREAS, the City is a member of the Northwest Municipal Conference (“NWMC”), a regional association of over 40 municipalities that works to strengthen communities and enhance intergovernmental relationships in the north and northwest suburbs of Chicago through the provision of numerous programs and services, such as a joint purchasing program, legislative services, and transportation planning services; and WHEREAS, the City appropriated $25,600.00 in the Elected Office, Membership Dues Fund for membership in the NWMC during the 2019 fiscal year; and WHEREAS, membership dues in the NWMC are based on a fee of $.437 per resident multiplied by the City’s population of 58,364 persons, for a total of $25,528.00 for the 2019-2020 membership year (“Membership Dues”) WHEREAS, the City desires to: (i) renew its membership in the NWMC; and (ii) pay to the NWMC the Membership Dues of $25,528.00; and WHEREAS, the City Council has determined that it is in the best interest of the City to renew its NWMC membership and to pay the Membership Dues to the NWMC; 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 hereby incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF MEMBERSHIP RENEWAL. The City Council hereby approves the renewal of its membership in the NWMC. SECTION 3: AUTHORIZATION OF RENEWAL AND PAYMENT. The City Manager and City Clerk are hereby authorized and directed to execute and attest all necessary Page 2 of 4 documents approved by the General Counsel to renew the City’s membership in the NWMC, and the City Manager is authorized to pay to the NWMC the Membership Dues in the not-to-exceed amount of $25,528.00. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect upon its passage and approval according to law. PASSED this _____ day of ____________, 2019. APPROVED this _____ day of _____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Authorizing the City of Des Plaines to Renew its Membership in the NWMC 2019 Page 3 of 4 INVOICE Co urier Ship to: Voice:(8 47) 296-9200 Fax :(8 47) 296-9207 Invo ic e Number :10505 Invo ic e Date:May 1,2019 Page: Bi ll To: CI TY OF DES PLAINES ATTN:NANCY PE TERSON 142 0 MINER STREET DE S PLAINES, IL 60016 CI TY OF DES PLAINES ATTN:NANCY PE TERSON 142 0 MINER STREET DE S PLAINES, IL 60016 Customer ID Customer PO Payme nt Te rms Ship DateSales Rep ID DE S PLAINES Ne t 30 Day s 1 Quant it y Item De scription Unit Price Amo unt FY 19-20 Nor th wes t M unic ip al Conferenc e 25,528 .00 Member ship Due s Sales Tax 25,528 .00 25,528 .00 Paym ent /Cred it Ap plied Total Inv oice Amount TOTAL Ch eck /Cred it Memo No: Subtot al 25,528 .00 5/31/19 Due Date Northwest Munici pa l Conference 160 0 East Golf Road Suite 0700 De s Pl aine s,IL 60016 Shipping Method Page 4 of 4 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MAY 6, 2019 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by City Clerk Tsalapatanis at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 6, 2019. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith and Charewicz. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. City Clerk Tsalapatanis announced that Mayor Bogusz will not be in attendance for tonight’s meeting and asked for a motion to appoint a Mayor Pro Tem. Moved by Sayad, seconded by Brookman to appoint Alderman Smith as Mayor Pro Tem for tonight’s meeting only. Upon voice vote, motion declared unanimously carried. PRAYER AND PLEDGE: The prayer was offered by Alderman Charewicz, followed by the Pledge of Allegiance to the Flag of the United States of America. PROCLAMATION: Mayor Pro Tem Smith presented Human Resources Director Light with a Proclamation declaring Public Service Recognition Week as May 5 – May 11, 2019. CITIZEN PARTICIPATION: A Representative of the Des Plaines Post Office announced that Saturday, May 11, 2019 is Letter Carrier’s Food Drive Day. Representatives from the Des Plaines Community Foundation Youth Commission presented recognition plaques to Alderman Robinson, Alderman Sayad and Alderman Charewicz. Resident Dan Wilson extended his appreciation to Alderman Robinson, Alderman Sayad, and Alderman Charewicz for their service. U.S. Coast Guard Auxiliary Tim Darrey announced that National Safe Boating Week is May 18-May 24, 2019. Des Plaines Park District Executive Director Don Miletic extended his appreciation to Alderman Robinson, Alderman Sayad and Alderman Charewicz for their dedication to improve the City of Des Plaines. Page 2 of 9 05/06/19 (Cont.) St Zachary Boy Scout Troop 160 thanked Alderman Sayad for his assistance and support and expressed best wished to the outgoing Aldermen. CLERK ANNOUNCEMENTS: Pursuant to City Code, City Clerk Tsalapatanis opened the sole bid received on May 3, 2019 for the Purchase of One Utility Stepvan. The bid was submitted by Northwest Trucks, Inc. Palatine, IL in the amount of $167,243. This bid was referred to Staff for review. City Clerk Tsalapatanis extended her sincerest condolences to the family of Firefighter Paul Miller. City Clerk Tsalapatanis announced that the 50th Anniversary of Municipal Clerk’s Week is May 5-May 11, 2019 and extended her appreciation to all Municipal Clerks. CONSENT AGENDA: Moved by Sayad, seconded by Chester, to establish the Consent Agenda. Motion declared unanimously carried. Moved by Brookman, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Requests were approved; Ordinance M-13-19 was approved; Ordinance M-10-19, M-12-19 were adopted; Resolution R-82-19, R-83-19, R-84-19, R-85-19, R-86-19, R-87-19, R-88-19 were adopted. AWARD 2019 CIP CONTRACT B/ STREET & UTILITY/ DIMEO BROTHERS: Consent Agenda Resolution R-82-19 Moved by Brookman, seconded by Sayad, to Approve Resolution R-82-19, A RESOLUTION APPROVING AN AGREEMENT WITH DIMEO BROTHERS, INC FOR THE 2019 CAPITAL IMPROVEMENTS STREET AND UTILITY IMPROVEMENTS PROJECT, CONTRACT B. Motion declared carried as approved unanimously under Consent Agenda. APPROVE JOHN NERI CONSTRUCTION/ 2019 CIP CONTRACT C/ STREET & UTILITY: Consent Agenda Moved by Brookman, seconded by Sayad, to Approve Resolution R-83-19, A RESOLUTION APPROVING AN AGREEMENT WITH JOHN NERI CONSTRUCTION COMPANY, INC FOR THE 2019 CAPITAL IMPROVEMENT STREET AND UTILITY IMPROVEMENTS PROJECT, CONTRACT C. Motion declared carried as approved unanimously under Consent Agenda. Page 3 of 9 05/06/19 Resolution R-83-19 APPROVE AGMT/WHEN NATURAL CALLS/ ANIMAL CONTROL: Consent Agenda Resolution R-84-19 Moved by Brookman, seconded by Sayad, to Approve Resolution R-84-19, A RESOLUTION APPROVING AN AGREEMENT WITH AL HARDING D/B/A WHEN NATURE CALLS FOR NUISANCE ANIMAL CONTROL SERVICES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ PURCHASE FIRE HYDRANTS/ CORE & MAIN LP: Consent Agenda Resolution R-85-19 Moved by Brookman, seconded by Sayad, to Approve Resolution R-85-19, A RESOLUTION APPROVING AN AGREEMENT WITH CORE & MAIN, LP FOR THE PURCHASE OF MUELLER FIRE HYDRANTS. Motion declared carried as approved unanimously under Consent Agenda. APPROVE AGMT/ LEXIS NEXIS/ E-CRASH SOFTWARE: Consent Agenda Resolution R-86-19 Moved by Brookman, seconded by Sayad, to Approve Resolution R-86-19, A RESOLUTION APPROVING AN AGREEMENT WITH LEXIS NEXIS FOR ECRASH SOFTWARE. Motion declared carried as approved unanimously under Consent Agenda. APPROVE SOFTWARE PURCHASE/ TYLER TECHNOLOGIES: Consent Agenda Ordinance R-87-19 Moved by Brookman, seconded by Sayad, to Approve Resolution R-87-19, A RESOLUTION AUTHORIZING THE PURCHASE OF INCODE COURT SUITE AND BRAZOS E-CITATION SOFTWARE FROM TYLER TECHNOLOGIES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE PURCHASE/ SERVERS AND SERVICES/ NETRIX LLC: Consent Agenda Resolution R-88-19 Moved by Brookman, seconded by Sayad, to Approve Resolution R-88-19, A RESOLUTION APPROVING THE PURCHASE OF SERVERS AND RELATED SERVICES FROM NETRIX, LLC. Motion declared carried as approved unanimously under Consent Agenda. Page 4 of 9 05/06/19 SECOND READING/ ORD. M-10-19/ DISPOSITION OF PROPERTY: Consent Agenda Moved by Brookman, seconded by Sayad, to Approve Second Reading Ordinance M-10-19, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ ORD. M-12-19/ SALE OF 1620-1630 HIGGINS ROAD: Moved by Brookman, seconded by Sayad, to Approve Second Reading Ordinance M-12-19, AN ORDINANCE APPROVING THE SALE OF CITY OWNED PROPERTY LOCATED AT 1620-1630 HIGGINS ROAD, DES PLAINES, ILLINOIS, A SALE, PURCHASE AND ESCROW AGREEMENT, AND RIGHT OF FIRST REFUSAL AGREEMENT. Motion declared carried as approved unanimously under Consent Agenda. APPROVE MINUTES: Consent Agenda Moved by Brookman, seconded by Sayad, to approve the Minutes of the City Council of May 6, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. APPROVE LIQUOR LICENSE/ ALLEGRETTI’S/ 933 E OAKTON: Consent Agenda Ordinance M-13-19 Moved by Brookman, seconded by Sayad, to Approve Ordinance M-13-19, AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS E LIQUOR LICENSE. Motion declared carried as approved unanimously under Consent Agenda. AUTHORIZE CITY TO ADVERTISE TO BID: Moved by Brookman, seconded by Sayad, to Authorize the City Clerk to Advertise for Bid the Des Plaines Theatre Marquee Replacement Project. Motion declared carried as approved unanimously under Consent Agenda. APPROVE MINUTES: Consent Agenda Moved by Brookman, seconded by Sayad, to approve the Closed Session Minutes of the City Council of April 15, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. MAYOR PRO TEM SMITH DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION – Alderman Charewicz, Chair WARRANT REGISTER: Alderman Charewicz presented the Warrant Register for consideration. Moved by Sayad, seconded by Chester, to recommend to the City Council approval of the May 6, 2019 – Warrant Register in the Amount of $5,410,663.81 and further recommend that Resolution R-90-19 be adopted at appropriate time this evening. Upon voice vote, motion declared carried Page 5 of 9 05/06/19 COMMUNITY SERVICES – Alderman Chester, Chair CONSIDERATION OF SOCIAL SERVICES PROGRAM FUNDING: During the FY2019 Budget, the City Council approved $150,000 be allocated to Social Service Funding. These funds will be disbursed to social service agencies that provide services to Des Plaines residents that are in need. The Health and Human Services department utilizes a point system to help assist with the allocation and distribution of the 2019 funding. Thirty-nine agencies requested funding this year. HHS Staff presented a list of the 2019 recommendations and the point system spreadsheet for review and recommended to fund the 39 agencies. Moved by Charewicz, seconded by Brookman to approve a Resolution to Authorize Disbursement of Social Services Funds to thirty-nine Agencies; and further recommend that R-81-19 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. Alderman Sayad abstained. Alderman Chester was informed that the American Legion building at 1291 Oakwood Avenue sustained significant water damage last week due to a faulty roof. The cost to repair the roof will cost approximately $25,000. The consensus of the committee is to bring this item back to the May 20, 2019 meeting for discussion. LEGAL AND LICENSING – Alderman Brookman, Chair CONSIDERATION OF A LICENSE AGMT/ DES PLAINES METRA TRAIN CONCESSION: Director of Community and Economic Development Mike McMahon reviewed a memorandum dated April 25, 2019. With the sudden closure of The Local Coffee Tea and Sweets coffee shop located in the Des Plaines Downtown Metra Train Station on December 21, 2018, the City began the process of terminating the License Agreement with the then licensee and began a search for a new concession operator. In an effort to increase competition and in the interest of transparency, staff prepared a Request for Statements of Interest that was made public on March 8, 2019. A selection committee reviewed the three submittals and conducted interviews with all three parties. After a thorough vetting of the respondents, the committee recommended that the City begin negotiations with CRAFT Management, Inc. DBA CRAFT Donuts and Coffee (CRAFT). John and Allison Reno, the owners of CRAFT, have over 20 years of experience in the food industry and in 2018 opened their first CRAFT location in West Dundee, IL. CRAFT offers unique handmade donuts, utilizing fresh ingredients made daily along with specialty coffee and drink products. After authorization, staff negotiated a licensee agreement with CRAFT. Key points of the agreement are as follows: Page 6 of 9 05/06/19 (Cont.)  The agreement is for an exclusive license for concession within the subject property to provide food and beverage for sale to the general public through a counter service style café;  The initial term of the Agreement will be for five years;  The licensee will pay to the City a monthly fee in the initial amount of $700.00. The license fee will increase on the anniversary of the commencement date by an amount equal to 3% of the previous year's license fee; and  The minimum concession hours is no later than 6 a.m. to 1 p.m. Monday through Friday. The licensee may be open outside of the minimum hours at their discretion. Staff recommended approval of Resolution R-94-19. Moved by Sayad, seconded by Charewicz to Approve a License Agreement for Concessions at the Des Plaines Downtown Metra Train Station; and further recommend that R-94-19 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. CONSIDERATION OF PURCHASE AND SALE AGMT/ 769 HOLIDAY LANE/LEASE TO SELF-HELP CLOSET AND PANTRY: City Manager Bartholomew explained the City and the Self-Help Pantry have been working together for a long time to find a larger location for the Self -Help Closet and Pantry. In October 2000, the City acquired 600 East Algonquin Road, the current location of the Des Plaines Self-Help Closet and Pantry for $200,000 of which the full amount was reimbursed to the City through grants received. The Des Plaines Self-Help Closet and Pantry has out grown its current location. They routinely rent a selfstorage building to store the donations they receive. The plan going forward is that the City would purchase 769 Holiday Lane, make needed repairs, and lease the building to the Des Plaines Self-Help Closet and Pantry. The Pantry would then contribute $125,000 to the needed repairs. Once relocated, the City would sell the current location at 600 East Algonquin Road to help offset the cost of repairs. Staff recommended that the City Council approve Resolution R-95-19. Moved by Charewicz, seconded by Rodd to Authorize City Manager to enter into a purchase and sale agreement for 769 Holiday Lane in the amount of $265,000 with a 90-day due diligence period for the purpose of leasing the property to the Des Plaines Self-Help Closet and Pantry; and further recommend that R-95-19 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. MAYOR PRO TEM SMITH DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION UNFINISHED BUSINESS: Page 7 of 9 05/06/19 CONSIDER CU/ ASSEMBLY USE/ 2064 S RIVER ROAD: Ordinance Z-7-19 Alderman Sayad explained that this item is a continued discussion from the April 15, 2019 City Council meeting. The petitioner, Mr. Peter Mathew Kulangara, is representing the Chicago Social Club. The petitioner is requesting a Conditional Use Permit to operate a Commercially Zoned Assembly Use at 2064 River Road. This property contains a two-story, 2,355 square foot building and a surface parking lot with 15 off-street parking spaces. The building contains an office used by the property owner, Anthony Raimondo, and an office devoted to a tenant, International Leak Detection. The petitioner wishes to obtain a Conditional Use Permit that would allow for the use of the second floor of the building as a social club that would house social and community activities. Alderman Chester obtained clarification on several items specifically, that if the petitioner constructs a paved parking lot Metropolitan Water Reclamation District will require a water vault to be installed. Moved by Chester, seconded by Charewicz to adopt Ordinance Z-7-19, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO OPERATE A COMMERCIALLY ZONED ASSEMBLY USE IN THE C-3 ZONING DISTRICT AT 2064 S. RIVER ROAD, DES PLAINES, ILLINOIS (CASE #19- 007-CU). Upon voice vote, motion declared carried. NEW BUSINESS: WARRANT REGISTER: Resolution R-90-19 Moved by Charewicz, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-90-19, 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: $5,410,663.81. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. AUTHORIZE DISBURSEMNT OF SOCIAL SERVICE FUNDS: Resolution R-81-19 Moved by Chester, seconded by Charewicz, to concur with recommendation of Committee of the Whole to adopt Resolution R-81-19, A RESOLUTION AUTHORIZING THE DISBURSEMENT OF SOCIAL SERVICES FUNDS TO THIRTY-NINE SOCIAL SERVICE AGENCIES. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Rodd, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None ABSTAIN: 1-Sayad Motion declared carried. Page 8 of 9 05/06/19 APPROVE LICENSE AGMT/CRAFT MANAGEMENT/ CONCESSION IN DOWNTOWN TRAIN STATION: Resolution R-94-19 Moved by Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-94-19, A RESOLUTION APPROVING A LICENSE AGREEMENT WITH CRAFT MANAGEMENT, INC FOR THE OPERATION OF A CONCESSION IN THE DOWNTOWN TRAIN STATION. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. APPROVE PURCHASE AND SALE AGMT/ 769 HOLIDAY LANE: Resolution R-95-19 Moved by Brookman, seconded by Chester, to concur with recommendation of the Committee of the Whole to adopt Resolution R-95-19, A RESOLUTION APPROVING THE PURCHASE OF THE PROPERTY LOCATED AT 769 HOLIDAY LANE. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. ACKNOWLEDGE JOHN ROBINSON: Resolution R-91-19 Moved by Brookman, seconded by Rodd, to adopt Resolution R-91-19, A RESOLUTION ACKNOWLEDGING JOHN ROBINSON FOR HIS SERVICE AS ALDERMAN. Upon voice vote, motion declared unanimously carried. ACKNOWLEDGE DICK SAYAD: Resolution R-92-19 Moved by Chester, seconded by Brookman, to adopt Resolution R-92-19, A RESOLUTION ACKNOWLEDGING DICK SAYAD FOR HIS SERVICE AS ALDERMAN. Upon voice vote, motion declared unanimously carried. ACKNOWLEDGE MIKE CHAREWICZ: Resolution R-93-19 Moved by Sayad, seconded by Rodd, to adopt Resolution R-93-19, A RESOLUTION ACKNOWLEDGING MIKE CHAREWICZ FOR HIS SERVICE AS ALDERMAN. Upon voice vote, motion declared unanimously carried. RECESS: Moved by Brookman, seconded by Chester to Recess the meeting at 8:21 p.m. for the presentation of plaques to the outgoing elected officials and the swearing- in of the newly elected officials. Upon voice vote, motion declared unanimously carried. Page 9 of 9 05/06/19 PRESENTATIONS: Mayor Pro Tem Smith presented plaques of appreciation to: John Robinson, Second Ward Alderman, 2009-2019 Dick Sayad, Fourth Ward Alderman, 1999-2007 and 2011-2019 Mike Charewicz, Eighth Ward Alderman, 2011-2019 SWEARING-IN CEREMONY: The Honorable Judge Bruce Lester administered the Oath of Office to the following newly-elected officials: Colt Moylan – Alderman – Second Ward Artur Zadrozny – Alderman – Fourth Ward Malcolm Chester – Alderman – Sixth Ward Andrew Goczkowski – Alderman – Eighth Ward COUNCIL RECONVENED: Mayor Pro Tem Smith called the meeting back to order at 8:40 p.m. Roll call indicated the following Alderman present: Lysakowski, Moylan, Rodd, Zadrozny, Brookman, Chester, Goczkowski. COMMITTEE ON COMMMITTES: Moved by Rodd, seconded by Chester to elect Alderman Smith as Chairman and Alderman Brookman as Co-Chairman of the Committee on Committees. The Committee forms will be made available to Aldermen and a date for a meeting of the Committee on Committees will be announced at a future time. ADJOURNMENT: Moved by Chester, seconded by Brookman, to adjourn the meeting. Motion declared carried. The meeting adjourned at 8:45 p.m. Jennifer L. Tsalapatanis – CITY CLERK APPROVED BY ME THIS DAY OF , 2019 ______________________________ Matthew J. Bogusz, MAYOR 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: April 19, 2019 To: Honorable Aldermen From: Matthew J. Bogusz, Local Liquor Commissioner Cc: Vickie Baumann, Secretary/Licensing Division Subject: Liquor License Request for a New License Increase Attached please find a Liquor License request for the following applicant: Allegretti’s Stuffed Pizza Inc 933 E Oakton St Class E – Restaurant Dining Room - consumption on premises only New Increase from 9 to 10 The complete application packet is on file in the Community and Economic Development Department. The required posting will be completed May 10, 2019 and all necessary fees have been secured. This request will come before you on the Consent Agenda of the City Council meeting of Monday May 6, 2019. Matthew J. Bogusz Mayor Local Liquor Commissioner Attachments: Ordinance M-13-19 Application Packet Page 1 of 8 [Deleted text is struck through; inserted text is bold and double underlined.] 1 CITY OF DES PLAINES ORDINANCE M - 13 - 19 AN ORDINANCE AMENDING THE CITY CODE TO ADD O N E C L A S S E L I Q U O R L I C E N S E . WHEREAS, Allegretti’s Stuffed Pizza, Inc., ("Applicant") submitted an application to the Department of Community and Economic Development for a Class E liquor license for the premises located at 933 East Oakton Street, Des Plaines, Illinois ("Premises"), pursuant to Chapter 4 of Title 4 of the Des Plaines City Code ("City Code"); and WHEREAS, the City desires to issue one Class E liquor license to the Applicant for the Premises; and WHEREAS, the City Council has determined that it is in the best interest of the City to grant the Applicant a Class E liquor license for the Premises; 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: APPROVAL OF LIQUOR LICENSE. The City Council hereby grants the Applicant a Class E Liquor License for the Premises. SECTION 3: 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: 4-18-1: FEE SCHEDULE: Section Fee Description Number Term Fee New Chapter 4 Liquor Control 4-4-5A License Fees and Number Class Number Term Initial Fee Annual Fee Class E 9 10 Annual $3,630.00 $1,815.00 SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. Page 2 of 8 [Deleted text is struck through; inserted text is bold and double underlined.] 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. PASSED this _____day of ____________, 2019. A P P R O V E D this _____ day of ____________, 2019. V O T E : AYES _____ NAYS _____ ABSENT ______ M A Y O R ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2019. C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l DP-Ordinance Add One Class E Liquor License for Allegrettis 933 E Oakton St Page 3 of 8 Page 4 of 8Attachment 1 Page 5 of 8Attachment 1 Page 6 of 8Attachment 1 Page 7 of 8Attachment 1 Page 8 of 8Attachment 1 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: April 3, 2019 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Director of Community and Economic Development Jonathan Stytz, Planner Subject: Consideration of Conditional Use for Commercially Zoned Assembly Use at 2064 S. River Road, Case 19-007-CU (6th Ward) Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use in the C-3 zoning district. Analysis: Address: 2064 River Road Owners: Anthony Raimondo, Jet Properties Inc., 2064 S. River Road, Des Plaines, IL 60018 Petitioner: Peter Mathew Kulangara, Chicago Social Club, 9660 Golf Road, Chicago, IL 60016 Case Number: 19-007-CU Real Estate Index Numbers: 09-28-302-024; -025 Ward: #6, Alderman Malcolm Chester Existing Zoning: C-3 General Commercial Existing Land Use: Commercial (office building) Surrounding Zoning: North: R-1 Single Family South: R-1 Single Family East: R-1 Single Family West: R-1 Single Family MEMORANDUM Page 1 of 38 Surrounding Land Use: North: Open Space (detention basin) South: Single Family Residential East: Forest Preserve West: Single Family Residential Street Classification: River Road is an arterial street. Comprehensive Plan: The Comprehensive Plan designates the site as Commercial. Project Description: The petitioner, Mr. Peter Mathew Kulangara, is representing the Chicago Social Club. The petitioner is requesting a Conditional Use Permit to operate a Commercially Zoned Assembly Use at 2064 River Road. This property contains a two-story, 2,355 square foot building and a surface parking lot with 15 off-street parking spaces. The building contains an office used by the property owner, Anthony Raimondo, and an office devoted to a tenant, International Leak Detection. The petitioner wishes to obtain a Conditional Use Permit that would allow for the use of the second floor of the building as a social club that would house social and community activities. Commercially Zoned Assembly Use is a new land use that was added to the Des Plaines Zoning Ordinance in 2018. The definition of Commercially Zoned Assembly Use is provided below for reference: COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this Chapter. Such uses shall adhere to the off street parking requirements under “Assembly Use”. All the activities that the petitioner wishes to conduct out of this facility would fall under the place of meeting house portions of the Commercially Zoning Assembly Use. Staff is recommending use conditions below to ensure that the activities identified in this application remain consistent unless the Conditional Use Permit is amended in the future. The applicants are not proposing any exterior modifications to the building. Additionally, the parking provided on-site exceeds the amount of parking required by the Zoning Ordinance. Under Section 12-9-7 of the Zoning Ordinance, the existing office uses requires five (5) parking spaces, at one space per 250 square feet of gross floor area. Using the Assembly Use provision of one space per 200 square feet of gross floor area, the site would require six (6) spaces. The current number of spaces (15) exceeds the parking requirement. However, a traffic analysis conducted by K.L.O.A. suggests that parking demand at the Chicago Social Club’s existing location at 9660 Golf Road in Des Plaines currently generates greater demand for parking than currently exists at the subject property. The analysis suggests that additional parking will be required to meet peak parking demand. A condition of approval is being added to the petition to provide more parking within two years. Page 2 of 38 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: Comment: Commercially Zoned Assembly Use is a Conditional Use, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-3 General Commercial District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the site is office and assembly use. The Future Land Use Map found in the Comprehensive Plan designates this site as Commercial. This second story of this building will be reactivated with a variety of uses including offices for the Chicago Social Club, recreational activities such as board games, and other non-secular aspects. The types of activities and hours are identified in the application and staff is recommending conditions be placed on the Conditional Use Permit to ensure that this property is maintained for its intended purpose. 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 petitioner proposes to maintain the exterior of the building as-is. Additionally, no expansion of the building is being proposed at this time. As such, the proposed Conditional Use will be harmonious and appropriate in appearance as no changes are being proposed. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to reactivate the building for a variety of uses including offices, recreational activities and other related aspects as identified in the application. These activities are spread throughout the week which will not be hazardous or disturb the existing neighbors. Additionally, staff is recommending hours of operation restrictions be placed on the Conditional Use Permit to ensure that the surrounding properties are not negatively impacted. 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 existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by 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 Commercially Zoned Assembly Use will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property. The proposed Conditional Use will not be detrimental to the economic well-being of the community. A condition is being added to the application to ensure adequacy of parking for their proposed use. Page 3 of 38 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 Commercially Zoned Assembly Use will have activities dispersed throughout the entire week with most activities occurring during non-peak rush hours. Additionally, the applicants have identified their hours of operation to show that their various activities will occur throughout the week. As such, it is determined that there will not be any detriment to the public or to adjoining properties. Moreover, a condition is being added to the application to provide more parking based on the Parking Demand Study. 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 Commercially Zoned Assembly Use will not create an interference with traffic on surrounding public thoroughfares. According to the attached Traffic Study conducted by K.L.O.A, the traffic will be dispersed throughout the week and most of the traffic generated will occur during non-rush hours. Therefore, the proposed use will not interfere with traffic and the surrounding road network. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed Commercially Zoned Assembly Use will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site were already developed and the petitioner is not proposing any exterior changes or expansions. Any building expansion will result in a new Conditional Use Application and require another public hearing. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Commercially Zoned Assembly Use meets all other requirements of the Zoning Ordinance for the C-3 General Commercial District. No variations or additional actions are requested beyond the Conditional Use Permit. Planning and Zoning Board Review: The Planning and Zoning Board met on March 26, 2019 to consider the proposal. The petitioners presented the proposal for a private social club to occupy the second floor of the subject building. The Chicago Social Club, is currently operating out of 9660 W. Golf Road, Des Plaines, IL (unincorporated Des Plaines) and they are proposing to move to the subject building. The Planning and Zoning Board Members asked if this was a paid membership-based organization, who is part of this organization, what specifically takes place at these meetings and what is the largest group of people to gather at one time. The petitioner mentioned that they meet in the evenings from 4 to 9 pm, but they may go as late as 11 pm. The members consists of 40 people that are in their near-retirement age. The group will meet to go over upcoming charitable events, discuss official club business, play cards, board games and other recreational games. The Community and Economic Development Department recommended approval of the request with several conditions to ensure that there is little to no impact to the surrounding properties. For instance, there is a condition to add more parking to the property as their KLOA Parking Study referenced more parking demand than what zoning requires and what is currently provided. The additional parking shall be constructed within two years of hypothetical City Council approval. Page 4 of 38 A resident at 2030 Birchwood Avenue came forward with the following items: concerns with a new assembly use occupying the subject property, concerns with parking, concerns with potential noise, concerns with the expanded parking lot being constructed in a floodplain, concerns with the amount of people occupying this space; concerns about not knowing what activities are going to take place. The resident mentioned that his neighbors felt as though there was not enough information provided. He submitted a petition signed by several nearby property owners opposing the requested petition. PZB, staff and the petitioner discussed the concerns and all agreed that the petitioner should meet with the neighboring property owners to discuss each concern. Staff asked the resident and the petitioner to meet prior to the assigned City Council meeting and to provide staff with a summary of the discussion. The Planning and Zoning Board recommended (5-1) that the City Council approval of the request with the seven conditions. Conditions of Approval 1. The Subject Property shall only be used as a Commercially Zoned Assembly Use for the following activities: a. Community services; b. Recreational activities and social activities that comply with all applicable codes; c. Charitable events; and d. Office uses directly related to the Chicago Social Club (collectively, “Activities”). 2. Any expansion for any other proposed use or Activities shall require the Owner or Applicant to obtain an amendment to the Conditional Use Permit. 3. The Subject Property shall only be used for the Activities during the following times: a. 4 pm to 9 pm daily; b. 8 am to 5 pm for office hours; and c. Any other hours of operation that are approved by the Director of Community and Economic Development. 4. The Petitioner must add a minimum of 15 parking spaces to the Property to accommodate peak parking demand periods within two years of the approval date of this Ordinance. 5. All non-accessory uses (trailers or other stored items) on the Subject Property must be removed within 90 days of the approval date of this Ordinance. 6. The Activities and the Subject Property must comply at all times with the maximum occupancy load prescribed by the Fire Protection Department. 7. All food service preparation for any participant in the Activities must come from a commercial grade kitchen. Recommendation: I recommend approval of the Conditional Use Permit for the operation of a Commercially Zoned Assembly Use at 2064 River Road based on a 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, as amended. Page 5 of 38 Attachments: Attachment 1: Location Map Attachment 2: Site and Context Photos Attachment 3: Parking Demand Study Attachment 4: Letter from Planning & Zoning Board Chairman to the Mayor and City Council Attachment 5: Draft Excerpt from the March 26, 2019 Planning and Zoning Board Meeting Attachment 6: Petition From Neighboring Residents Opposing Petitioner’s Request Attachment 7: Summary of Meeting Between Petitioner and Neighboring Property Owners Ordinance Z-7-19 Exhibit A: Petitioner’s Project Narrative Exhibit B: Plat of Survey Exhibit C: Floor Plans Exhibit D: Unconditional Agreement and Consent Page 6 of 38 Location Map - 2064 River Road Map created on March 20, 2019. © 2019 GIS Consortium and MGP Inc. All Rights Reserved. The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. Disclaimer: This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. 0 50 100ft GIS Consortium – MapOffice™ Attachment 1 Page 7 of 38Page 7 of 38 2064 River – Public Notice 2064 River – Looking South at Front Parking Lot 2064 River – Looking Southwest at Front Building Facade 2064 River – Looking Southwest at Rear Parking Lot A t t a c h m e n t 2 P a g e 8 o f 3 8 P a g e 8 o f 3 8 Attachment 3 Page 9 of 38Page 9 of 38 Attachment 3 Page 10 of 38Page 10 of 38 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org March 27, 2019 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, 2064 S. River Road, 19-007-CU, 6th Ward RE: Consideration of a Conditional Use under Section 12-7-3(K) to operate a Commercially Zoned Assembly Use – Meeting House request at 2064 S. River Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on March 26, 2019 to consider a Conditional Use under Section 12-7- 3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use – Meeting House in the C-3 zoning district. 1.The petitioners presented the proposal for a private social club to occupy the second floor of the subject building. The Chicago Social Club, is currently operating out of 9660 W. Golf Road, Des Plaines, IL (unincorporated Des Plaines) and they are proposing to move to the subject building. The club consists of approximately 40 members and they meet to discuss charitable events, play cards, board games and to go over official club business. 2.The Planning and Zoning Board Members asked if this was a paid membership-based organization, who is part of this organization, what specifically takes place at these meetings and what is the largest group of people to gather at one time. The petitioner mentioned that they meet in the evenings from 4 to 9 pm, but they may go as late as 11 pm. The members consists of people that are in their near- retirement age. The group will meet to go over upcoming charitable events, discuss official club business, play cards, board games and other recreational games. 3.The Community and Economic Development Department recommended approval of the request with several conditions to ensure that there is little to no impact to the surrounding properties. For instance, there is a condition to add more parking to the property as their KLOA Parking Study referenced more parking demand than what zoning requires and what is currently provided. The additional parking shall be constructed within two years of hypothetical City Council approval. Additionally, if the petitioner’s group occupies the first floor, then the petitioner will have to apply for a Conditional Use Amendment. 4.A resident at 2030 Birchwood Avenue came forward with the following items: concerns with a new assembly use occupying the subject property, concerns with parking, concerns with potential noise, concerns with the expanded parking lot being constructed in a floodplain, concerns with the amount of people occupying this space; concerns about not knowing what activities are going to take place. The resident mentioned that his neighbors felt as though there was not enough information provided. He submitted a petition signed by several nearby property owners opposing the requested petition. 5.PZB, staff and the petitioner discussed the concerns and all agreed that the petitioner should meet with the neighboring property owners to discuss each concern. Staff asked the resident and the petitioner to meet prior to the assigned City Council meeting and to provide staff with a summary of the discussion. Attachment 4 Page 11 of 38Page 11 of 38 6. The Planning and Zoning Board recommended (5-1) that the City Council approval of the request with the seven conditions found in the staff report. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials/Aldermen Attachment 4 Page 12 of 38Page 12 of 38 PUBLIC HEARING NEW BUSINESS Chairman Szabo asked if a representative from Case #4, Little Bulgarian School, is present. Coordinator Ainsworth advised Staff is working on this and suggested it be continued until April 23, 2019. 4. Address: 820-848 Lee Street Case 19-015-CU The petitioner is requesting two Conditional Uses: i) a Commercially Zone Assembly Use to operate a meeting house and ii) a Private School, Elementary and High School under Section 12-7-3.K. of the 1998 Des Plaines Zoning Code, as amended. PINs: 09-17-425-029, -033. Petitioner: George Petrov, Little Bulgarian School, 410 Charing Cross Rd., Elk Grove Village, IL 60007 Owner: Emmanuel Lutheran Church, 855 Lee St, Des Plaines, IL 60016 A motion was made by Board Member Saletnik, seconded by Board Member Fowler, to continue the Little Bulgarian School petition to the April 23, 2019 PZB meeting. AYES: Bader, Fowler Hofherr, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Back to….. 1. Address: 2064 S. River Road Case 19-007-CU The petitioner is requesting a Conditional Use for a Commercially Zoned Assembly Use under Section 12-7-3.K. of the 1998 Des Plaines Zoning Code, as amended, to operate a meeting house/social club out of the subject property. PINs: 09-28-302-024 and -025 Petitioner: Peter Mathew Kulangara, Chicago Social Club, 9660 W. Golf Road, Des Plaines, IL 60016 Owner: Anthony Raimondo, Jet Properties Inc., 2700 S. River Road, Des Plaines, IL 60018 Attachment 5 Page 13 of 38Page 13 of 38 Chairman Szabo swore in Peter Mathew Kulangara, Chicago Social Club, 9660 W. Golf Road, Des Plaines, IL, who stated they started a Social Club; a building has been located to host meetings for seniors after 5 p.m. There are 200 members; however, 5-6 patrons would be present daily. Chairman Szabo asked if the Board has any questions. Board Member Fowler stated then asked:  the web site indicates a Tug of War. Do you do fundraising? Mr. Kulangara stated – yes, this is paid membership organization  there are no Board members listed on the web site. Mr. Kulangara stated – he just began leading the Club one month ago; the web site has not been updated Chairman Szabo asked:  what the meetings entail. Are there meals? Mr. Kulangara stated – yes, when there are meetings. He noted they play cards and wish to add a pool table; they socialize.  how many people would attend? Mr. Kulangara advised – 25 people at the most, but there are 40 members Coordinator Ainsworth asked:  about the hours. Mr. Kulangara stated – 4-9 p.m.  if hours would be during the day. Mr. Kulangara stated – rarely. Coordinator Ainsworth stated a Condition change would then occur. He referenced Condition #3 which states: 3. That the property shall only be used for the aforesaid activities during the following times: a. 4 pm to 9 pm daily; b. 8 am to 5 pm for office hours; and c. Any other others of operation that are approved by the Director of Community and Economic Development. Coordinator Ainsworth stated the hours should be 4-9 p.m. daily. He noted if the times change, this could be managed administratively. Board Member Hofherr asked/stated:  what area will accommodate parking? Mr. Kulangara replied – on the south side  if Petitioner will go further back on the property. Mr. Kulangara replied – we really don’t need that much parking  your memberships may increase and more parking may be needed. Mr. Kulangara stated – we do not wish to increase membership. Coordinator Ainsworth referenced a Attachment 5 Page 14 of 38Page 14 of 38 condition in the staff report to add more parking on-site due to their parking study findings. Board Member Fowler asked if Petitioner is thinking of using the 1st and 2d floors. Coordinator Ainsworth stated – the Applicant is planning to purchase the building. If tenants leave and the first floor opens up, Applicant will return to the PZB. Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use in the C- 3 zoning district. Analysis: Address: 2064 River Road Owners: Anthony Raimondo, Jet Properties Inc., 2700 S. River Road, Des Plaines, IL 60018 Petitioner: Peter Mathew Kulangara, Chicago Social Club, 9660 Golf Road, Chicago, IL 60016 Case Number: 19-007-CU Real Estate Index Numbers: 09-28-302-024; -025 Ward: #6, Alderman Malcolm Chester Existing Zoning: C-3 General Commercial Existing Land Use: Commercial (office building) Surrounding Zoning: North: R-1 Single Family South: R-1 Single Family East: R-1 Single Family West: R-1 Single Family Surrounding Land Use: North: Open Space (detention basin) South: Single Family Residential East: Forest Preserve West: Single Family Residential Attachment 5 Page 15 of 38Page 15 of 38 Street Classification: River Road is an arterial street. Comprehensive Plan: The Comprehensive Plan designates the site as Commercial. Project Description: The petitioner, Mr. Peter Mathew Kulangara, is representing the Chicago Social Club. The petitioner is requesting a Conditional Use Permit to operate a Commercially Zoned Assembly Use at 2064 River Road. This property contains a two-story, 2,355 square foot building and a surface parking lot with 15 off-street parking spaces. The building contains an office used by the property owner, Anthony Raimondo, and an office devoted to a tenant, International Leak Detection. The petitioner wishes to obtain a Conditional Use Permit that would allow for the use of the second floor of the building as a social club that would house social and community activities. Commercially Zoned Assembly Use is a new land use that was added to the Des Plaines Zoning Ordinance in 2018. The definition of Commercially Zoned Assembly Use is provided below for reference: COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this Chapter. Such uses shall adhere to the off street parking requirements under “Assembly Use”. All the activities that the petitioner wishes to conduct out of this facility would fall under the place of meeting house portions of Attachment 5 Page 16 of 38Page 16 of 38 the Commercially Zoning Assembly Use. Staff is recommending use conditions below to ensure that the activities identified in this application remain consistent unless the Conditional Use Permit is amended in the future. The applicants are not proposing any exterior modifications to the building. Additionally, the parking provided on-site exceeds the amount of parking required by the Zoning Ordinance. Under Section 12-9-7 of the Zoning Ordinance, the existing office uses requires five (5) parking spaces, at one space per 250 square feet of gross floor area. Using the Assembly Use provision of one space per 200 square feet of gross floor area, the site would require six (6) spaces. The current number of spaces (15) exceeds the parking requirement. However, a traffic analysis conducted by K.L.O.A. suggests that parking demand at the Chicago Social Club’s existing location at 9660 Golf Road in Des Plaines currently generates greater demand for parking than currently exists at the subject property. The analysis suggests that additional parking will be required to meet peak parking demand. A condition of approval is being added to the petition to provide more parking within two years. 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: Comment: Commercially Zoned Assembly Use is a Conditional Use, as specified in Section 12-7- 3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-3 General Commercial District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Attachment 5 Page 17 of 38Page 17 of 38 Comment: The proposed use of the site is office and assembly use. The Future Land Use Map found in the Comprehensive Plan designates this site as Commercial. This second story of this building will be reactivated with a variety of uses including offices for the Chicago Social Club, recreational activities such as board games, and other non-secular aspects. The types of activities and hours are identified in the application and staff is recommending conditions be placed on the Conditional Use Permit to ensure that this property is maintained for its intended purpose. 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 petitioner proposes to maintain the exterior of the building as-is. Additionally, no expansion of the building is being proposed at this time. As such, the proposed Conditional Use will be harmonious and appropriate in appearance as no changes are being proposed. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to reactivate the building for a variety of uses including offices, recreational activities and other related aspects as identified in the application. These activities are spread throughout the week which will not be hazardous or disturb the existing neighbors. Additionally, staff is recommending hours of operation restrictions be placed on the Conditional Use Permit to ensure that the surrounding properties are not negatively impacted. 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 existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by 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 Commercially Zoned Assembly Use will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property. The proposed Conditional Use will not be detrimental to the economic well-being of the Attachment 5 Page 18 of 38Page 18 of 38 community. A condition is being added to the application to ensure adequacy of parking for their proposed use. 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 Commercially Zoned Assembly Use will have activities dispersed throughout the entire week with most activities occurring during non-peak rush hours. Additionally, the applicants have identified their hours of operation to show that their various activities will occur throughout the week. As such, it is determined that there will not be any detriment to the public or to adjoining properties. Moreover, a condition is being added to the application to provide more parking based on the Parking Demand Study. 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 Commercially Zoned Assembly Use will not create an interference with traffic on surrounding public thoroughfares. According to the attached Traffic Study conducted by K.L.O.A, the traffic will be dispersed throughout the week and most of the traffic generated will occur during non-rush hours. Therefore, the proposed use will not interfere with traffic and the surrounding road network. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed Commercially Zoned Assembly Use will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site were already developed and the petitioner is not proposing any exterior changes or expansions. Any building expansion will result in a new Conditional Use Application and require another public hearing. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Commercially Zoned Assembly Use meets all other requirements of the Zoning Ordinance for the C-3 General Commercial District. No variations or additional actions are requested beyond the Conditional Use Permit. Attachment 5 Page 19 of 38Page 19 of 38 Recommendation: I recommend approval of the Conditional Use Permit for the operation of a Commercially Zoned Assembly Use at 2064 River Road based on a 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, as amended, subject to the following conditions: 1. That the property shall only be used as a Commercially Zoned Assembly Use for the following activities: a. Community services; b. Recreational activities and social activities that complies with all applicable codes; c. Charitable events; and d. Office uses directly related to Chicago Social Club. 2. Any expansion for any other proposed use shall require the property owner/applicant to obtain an amendment to the Conditional Use Permit. 3. That the property shall only be used for the aforesaid activities during the following times: a. 4 pm to 9 pm daily; b. 8 am to 5 pm for office hours; and c. Any other others of operation that are approved by the Director of Community and Economic Development. 4. That the petitioner add a minimum of fifteen (15) parking spaces to accommodate peak parking demand periods within two (2) years of obtaining City Council approval. 5. That any non-accessory uses (trailers or other stored items) be removed within 90 days of obtaining City Council approval. 6. That the maximum number of people gathering on the second floor does not exceed the maximum occupancy load prescribed by the Fire Protection Department. 7. Any food service preparation for any member shall come from a commercial grade kitchen. 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 amendment to an existing Conditional Use Permit for a Commercially Zoned Assembly Use for the property at 2064 River Road. The City Council has final authority on the proposal. Attachment 5 Page 20 of 38Page 20 of 38 Chairman Szabo asked if the Board has further questions. There was none. He asked if anyone in the audience is in favor or opposed to this petition. The following came forward and were sworn in:  Raymond Doerr 2030 Birchwood Mr. Doerr stated he tried to obtain the web site. Board Member Fowler advised the web site is chicagosocialclub.org. He asked if this would be the only meeting space. Will more parking spaces be used (which would be against my fence)? If these meetings go to 9 p.m. or 11 p.m., we wish to know. Initially we were opposed to this. Chairman Szabo concurred about the concern of a social club. Coordinator Ainsworth expounded on Assembly Use. He asked if most members are seniors. Mr. Kulangara advised they are. Mr. Doerr provided a document of neighbor signatures (who were originally opposed to this); 6 signatures were noted and the document was retained as an Exhibit. Storm water detention was briefly discussed. A motion was made by Board Member Hofherr, seconded by Board Member Saletnik, to recommend approval to City Council with Conditions as stated. AYES: Bader, Fowler Hofherr, Saletnik, Szabo NAYES: Schell ***MOTION CARRIED 5-1*** Chairman Szabo stated a favorable recommendation would be submitted to City Council. Coordinator Ainsworth stated this item would be on the April 15, 2019 City Council agenda. He suggests Petitioner meet with neighbors and advise Staff of the result. 2. Address: 100 N. River Road Case 19-012-LSA The petitioner is requesting an amendment to an approved Localized Alternative Sign Regulation Plan/Conditional Use Permit (Case #13-058-LSA) under Sections 12-3-4 and 12- 11-8 of the 1998 Des Plaines Zoning Ordinance, as amended; to increase certain signage and amend all existing signage to reflect a facility name change. Attachment 5 Page 21 of 38Page 21 of 38 Attachment 6 Page 22 of 38Page 22 of 38 Dear Mr Patrick As per the outcome of the zoning meeting on March 2nd, we had meeting with the residents located by 2064 River Rd, desplaines on April 2nd per your request. We met with ms Rachel who was representing the home owners of that neighborhood and explained the intention of Chicago Social Club. As per the meeting, the home owners are very much acceptable with the purchase and purpose of the subject property sale by CSC. The seller attorney will be sending yu a report accordingly regarding this separately. Please let us know if yu need any assistance further or any information regarding this matter. Thankyou Peter Mathew President : Chicago Social Club Sent from my iPhone Attachment 7 Page 23 of 38Page 23 of 38 CITY OF DES PLAINES ORDINANCE Z - 7 - 19 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO OPERATE A COMMERCIALLY ZONED ASSEMBLY USE IN THE C-3 ZONING DISTRICT AT 2064 S.RIVER ROAD, DES PLAINES, ILLINOIS. (Case # 19-007- CU). WHEREAS, the Chicago Social Club (“Petitioner”) is the lessee of the property commonly known as 2064 S. River Road, Des Plaines, Illinois (“Subject Property”); and WHEREAS, the Subject Property is located in the C-3 General Commercial District of the City ("C-3 District") and is currently improved with a two-story commercial building (“Building”); and WHEREAS, Petitioner desires to operate Commercial Zoned Assembly Use within the Building on the Subject Property; and WHEREAS, pursuant to 12-7-3.K of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), the operation of a Commercially Zoned Assembly Use is permitted in the C-3 District only with a conditional use permit; and WHEREAS, Peter Mathew Kulangara, on behalf of Petitioner, submitted an application to the City of Des Plaines Department of Community and Economic Development (“Department”) for a conditional use permit to allow the operation of a Commercially Zoned Assembly Use on the Subject Property ("Conditional Use Permit") in accordance with Sections 12-7-3.F.3 and 12-7-3.K of the Zoning Ordinance; and WHEREAS, the Subject Property is owned by Anthony Raimondo ("Owner"), who has consented to the Petitioner's application; and WHEREAS, the Petitioner's application was referred by the Department to the Planning and Zoning Board of the City of Des Plaines ("PZB") within 15 days after the receipt thereof; and WHEREAS, within 90 days from the date of the Petitioner's application a public hearing was held by the PZB on March 26, 2019 pursuant to notice published in the Des Plaines Journal on March 6, 2019; 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 PZB heard testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the applicable provisions of the Zoning Ordinance; and Page 24 of 38Page 24 of 38 WHEREAS, pursuant to Section 12-3-4 of the Zoning Ordinance, the PZB filed a written report with the City Council on March 27, 2019, summarizing the testimony and evidence received by the PZB and stating the Board's recommendation, by a vote of 5-1, to approve the Petitioner's application for the Conditional Use Permit, subject to certain terms and 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 WHEREAS, the City Council has considered the written report of the PZB, the applicable standards for conditional use permits set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated March 27, 2019, 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 Petitioners’ 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 LOT 4 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO RIVERVIEW, BEING A SUBDIVISION OF THE NORTH 9.75 CHAINS OF THE EAST ½ OF THE SOUTHWEST ¼ AND THE NORTH 9.75 CHAINS WEST OF DES PLAINES ROAD OF THE SOUTHEAST ¼ OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 4 AND THE WEST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 28; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 4 A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING; THNCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 195.25 FEET TO THE WESTERLY LINE OF DES PLAINES AVENUE AS WIDENED; THENCE SOUTH 23 DEGREES 46 MINUTES 30 SECONDS EAST ALONG THE WESTERLY LINE OF SAID DES PLAINES AVENUE A DISTANCE OF 55.96 FEET TO THE NORTHERLY LINE OF ESSER COURT; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID ESSER COURT A Page 25 of 38Page 25 of 38 DISTANCE OF 217.81 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 51.21 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 4 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO RIVERVIEW, BEING A SUBDIVISION OF THE NORTH 9.75 CHAINS OF THE EAST ½ OF THE SOUTHWEST ¼ AND THE NORTH 9.75 CHAINS WEST OF DES PLAINES ROAD OF THE SOUTHEAST ¼ OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 4 AND THE WEST LINE OF THE SOUTHEAST ¼ OF SAID SECTION 28; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 4 A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 252.21 FEET TO THE WESTERLY LINE OF DES PLAINES AVENUE AS WIDENED, THENCE NORTH 23 DEGREES 46 MINUTES 30 SECONDS WEST ALONG THE WESTERLY LINE OF SAID DES PLAINES AVENUE, A DISTANCE OF 47.95 FEET TO THE SOUTHERLY LINE OF ESSER COURT; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID ESSER COURT A DISTANCE OF 232.88 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 43.88 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. PARCEL 3: ALL OF HERETOFORE DEDICATED ESSER COURT, NOW VACATED PER DOCUMENTS RECORDED AS NUMBERS 98110957 AND 0731303100, IN LOT 4 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO RIVERVIEW, BEING A SUBDIVISION OF THE NORTH 9.75 CHAINS OF THE EAST ½ OF THE SOUTHWEST ¼ AND THE NORTH 9.75 CHAINS WEST OF DES PLAINES ROAD OF THE SOUTHEAST ¼ OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PINS: 09-28-302-024 09-28-302-025 Commonly known as 2064 S. River 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 grants the Petitioner a Conditional Use Permit to allow the operation of a Commercial Zoned Assembly Use on the Subject Property. The Conditional Use Permit granted by this Page 26 of 38Page 26 of 38 Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code, 65 ILCS 5/11-13-25. SECTION 4. CONDITIONS. The Conditional Use Permit granted in Section 3 of this Ordinance shall be, and is hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A.Compliance with Law and Regulations. The development, use, operation, and maintenance of the Subject Property, by the Petitioner and Owner 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. Except for minor changes and site work approved by the City Director of Community and Economic Development or Director of Public Works and Engineering (for matters within their respective permitting authorities) in accordance with all applicable City standards, the development, use, operation, and maintenance of the Subject Property by the Petitioner must comply with the following plans provided by Petitioner: 1.That certain "Project Narrative” prepared by Petitioner, consisting of five sheets, and dated January 30, 2019, attached to and, by this reference, made a part of this Ordinance as Exhibit A; and 2.That certain “Plat of Survey” prepared by EZ Surveying, Inc., consisting of one page, and dated February 13, 2019, attached to and, by this reference, made a part of this Ordinance as Exhibit B; and 3.That certain “Floor Plan” prepared by Foster Dale Architects, consisting of one sheet, attached to and, by this reference, made a part of this Ordinance as Exhibit C. C.Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: Page 27 of 38Page 27 of 38 1.The Subject Property shall only be used as a Commercially Zoned Assembly Use for the following activities: a.Community services; b.Recreational activities and social activities that comply with all applicable codes; c. Charitable events; and d.Office uses directly related to the Chicago Social Club (collectively, “Activities”). 2. Any expansion for any other proposed use or Activities shall require the Owner or Applicant to obtain an amendment to the Conditional Use Permit. 3.The Subject Property shall only be used for the Activities during the following times: a.4 pm to 9 pm daily; b. 8 am to 5 pm for office hours; and c.Any other hours of operation that are approved by the Director of Community and Economic Development. 4.The Petitioner must add a minimum of 15 parking spaces to the Property to accommodate peak parking demand periods within two years of the approval date of this Ordinance. 5.All non-accessory uses (trailers or other stored items) on the Subject Property must be removed within 90 days of the approval date of this Ordinance. 6.The Activities and the Subject Property must comply at all times with the maximum occupancy load prescribed by the Fire Protection Department. 7.All food service preparation for any participant in the Activities must come from a commercial grade kitchen. SECTION 5. 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 Owner and their respective personal representatives, successors, and assigns, including, without limitation, subsequent purchasers of the Subject Property. Page 28 of 38Page 28 of 38 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 $75.00 or more than $750.00 for each offense. Each and every day that a violation of this Ordinance is allowed to remain in effect shall constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees. B.In the event that the Petitioner or Owner 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 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 and Owner acknowledge that public notices and hearings have been held with respect to the adoption of this Ordinance, have considered the possibility of the revocation provided for in this Section, and agree not to challenge any such revocation on the grounds of any procedural Page 29 of 38Page 29 of 38 infirmity or any denial of any procedural right, provided that the notice and hearing required by Section 4.7 of the Zoning Ordinance is provided to the Petitioner and the Owner. 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; 3.the filing with the City Clerk by the Petitioner and the Owner, not less than 60 days after the passage and approval of this Ordinance, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, and demonstrating the Petitioner's and Owner’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 D; 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 and the Owner do 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] Page 30 of 38Page 30 of 38 PASSED this _____day of ____________, 2019. APPROVED this _____ day of ____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2019. 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) at 2064 S River Rd for Commercially Zoned Assembly Use Page 31 of 38Page 31 of 38 Exhibit A Page 32 of 38Page 32 of 38 Exhibit A Page 33 of 38Page 33 of 38 Exhibit A Page 34 of 38Page 34 of 38 Ex h i b i t B Page 35 of 38 Page 35 of 38 Exhibit C Page 36 of 38Page 36 of 38 EXHIBIT D UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, the Chicago Social Club (“Petitioner”) applied to the City of Des Plaines for a conditional use permit to allow for the operation of a Commercially Zoned Assembly Use ("Conditional Use Permit") on that certain property commonly known as 2064 S. River Road, Des Plaines, Illinois ("Subject Property") pursuant to Section 12-7-3.F.3 and 12-7-3.K of the City of Des Plaines Zoning Ordinance of 1998, as amended; and WHEREAS, the Subject Property is owned by Anthony Raimondo ("Owner"), who consented to the Petitioner's application; and WHEREAS, Ordinance No. Z-7-19 adopted by the City Council of the City of Des Plaines on __________________, 2019 ("Ordinance"), grants approval of the Conditional Use Permit, subject to certain conditions; and WHEREAS, the Petitioner and the Owner each desires 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 its consent to recording the Ordinance and this Unconditional Agreement and Consent against the Subject Property; NOW, THEREFORE, the Petitioner and the 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-7-19, adopted by the City Council on ___________________, 2019. 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, has 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. Exhibit D Page 37 of 38Page 37 of 38 4.Petitioner agrees 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 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: CHICAGO SOCIAL CLUB By: By: Its:__________________________________ Its:_________________________________ SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2019. Notary Public ATTEST: ANTHONY RAIMONDO By: SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2019. Notary Public Exhibit D Page 38 of 38Page 38 of 38 PUBLIC WORKS AND ENGINEERING DEPARTMENT Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: May 7, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Award Bid – Utility Step Van Truck Issue: The 2019 Budget includes $185,000 in funding to replace a utility step van truck (Vehicle #9024) through the Water/Sewer Equipment Replacement Fund. The City Council authorized the advertisement to bid the purchase of the truck at its April 15, 2019 meeting. Analysis: One bid was received and opened by the City Clerk at the May 6, 2019 City Council meeting. This front line truck is used by the Utility Services Division for repair and maintenance of the water distribution system. The single bid received for this vehicle with associated equipment and outfitting was from Northwest Trucks, Inc., in the amount of $167,243.00. Northwest Trucks, Inc.’s bid has been reviewed and meets the bid specifications. Recommendation: We recommend the purchase of one Utility Step Van per specifications to Northwest Trucks, Inc., 2120 Rand Rd., Palatine, IL 60074, in the amount of $167,243. This purchase will be funded from the Equipment Replacement Fund (500-00-570-0000-8020). Attachments: Resolution R-105-19 Exhibit A – Contract MEMORANDUM Page 1 of 27 1 CITY OF DES PLAINES RESOLUTION R - 105 - 19 A RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY STEP VAN TRUCK FROM NORTHWEST TRUCKS, INC. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds in the Equipment Replacement Fund for use by the Public Works and Engineering Department during the 2019 fiscal year for the purchase of a utility step van truck including associated equipment and outfitting (collectively, “Vehicle”); and WHEREAS, pursuant to Chapter 10 of Title 1 of the City of Des Plaines City Code, the City issued an invitation for bids for the purchase of the Vehicle; and WHEREAS, the City received one bid, which was opened at the May 6, 2019 City Council meeting; and WHEREAS, Northwest Trucks, Inc. (“Vendor”) submitted the lowest responsible bid in the amount of $167,243 for the Vehicle; and WHEREAS, the City desires to enter into an agreement with Vendor for the purchase of the Vehicle in the not-to-exceed amount of $167,243 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Vendor for the purchase of the Vehicle; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement. Page 2 of 27 2 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 __________________, 2019. APPROVED this _____ day of ______________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Purchase of One Replacement Utility Step Van Truck from Northwest Trucks Inc Page 3 of 27 Exhibit A Page 4 of 27 Exhibit A Page 5 of 27 Exhibit A Page 6 of 27 Exhibit A Page 7 of 27 Exhibit A Page 8 of 27 Exhibit A Page 9 of 27 Exhibit A Page 10 of 27 Exhibit A Page 11 of 27 Exhibit A Page 12 of 27 Exhibit A Page 13 of 27 Exhibit A Page 14 of 27 Exhibit A Page 15 of 27 Exhibit A Page 16 of 27 Exhibit A Page 17 of 27 Exhibit A Page 18 of 27 Exhibit A Page 19 of 27 Exhibit A Page 20 of 27 Exhibit A Page 21 of 27 Exhibit A Page 22 of 27 Exhibit A Page 23 of 27 Exhibit A Page 24 of 27 Exhibit A Page 25 of 27 Exhibit A Page 26 of 27 Exhibit A Page 27 of 27 PUBLIC WORKS AND ENGINEERING DEPARTMENT Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: May 6, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Police Department Elevator Modernization Issue: The 2019 Budget includes $155,000 in funding for the modernization of the elevator located at the Police Department. Three proposals were submitted for the Police Department Elevator Modernization project in response to our Request for Proposals and were opened on May 3, 2019. Analysis: The elevator system at the Police Department is original and was installed when the building was constructed in 1974. Some components of the system have been replaced over the years, but the primary equipment is original. This project will encompass replacing all major components of the control and mechanical system s, remodeling of the elevator car, and replacement of the in-ground casing that contains the ram and cylinder, if needed. The casing replacement is included as an alternate in the bid since there is no way to determine its condition without dismantling the elevator. The lowest proposal from Anderson Elevator Company best meets the City’s needs. A summary of the proposed costs are shown below: Base Price Casing Replacement (if needed) Total Anderson Elevator $138,700 $16,000 $154,700 Colley Elevator $132,548 $40,000 $172,548 Urban Elevator Service Incomplete Proposal ----- ----- During the construction phase of the project, the elevator will be out of service for approximately eight weeks. Recommendation: We recommend approval of the Police Department Elevator Modernization Project with Anderson Elevator Company, 2801 South 19th Avenue, Broadview, Illinois, 60155 in the amount of $154,700. Source of funding would be budgeted General Funds, Public Works and Engineering, Facility and Grounds Maintenance, Police Department (100-50-535-6315.003). Attachments: Resolution R-106-19 Exhibit A – Contract MEMORANDUM Page 1 of 48 1 CITY OF DES PLAINES RESOLUTION R - 106 - 19 A RESOLUTION APPROVING AN AGREEMENT WITH ANDERSON ELEVATOR COMPANY FOR THE MODERNIZATION OF THE POLICE DEPARTMENT ELEVATOR. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds in the General Fund, Public Works and Engineering, Facility and Grounds Maintenance, Police Department, for use by the Department of Public Works and Engineering during the 2019 fiscal year for the modernization of the elevator in the Police Department ("Work"); and WHEREAS, pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, City staff issued a request for proposals for the completion of the Work; and WHEREAS, the City received three proposals which were opened on May 3, 2019; and WHEREAS, Southwest Industries, Inc., d/b/a Anderson Elevator Company ("Contractor"), submitted the lowest responsible proposal in the not-to-exceed amount of $154,700; and WHEREAS, the City desires to enter into an agreement with Contractor for the completion of the Work in the not-to-exceed amount of $154,700 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with the Contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement. Page 2 of 48 2 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 __________________, 2019. APPROVED this _____ day of ______________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Agreement with Anderson Elevator for PD Elevator Modernization Page 3 of 48 Exhibit A Page 4 of 48 Exhibit A Page 5 of 48 Exhibit A Page 6 of 48 Exhibit A Page 7 of 48 Exhibit A Page 8 of 48 Exhibit A Page 9 of 48 Exhibit A Page 10 of 48 Exhibit A Page 11 of 48 Exhibit A Page 12 of 48 Exhibit A Page 13 of 48 Exhibit A Page 14 of 48 Exhibit A Page 15 of 48 Exhibit A Page 16 of 48 Exhibit A Page 17 of 48 Exhibit A Page 18 of 48 Exhibit A Page 19 of 48 Exhibit A Page 20 of 48 Exhibit A Page 21 of 48 Exhibit A Page 22 of 48 Exhibit A Page 23 of 48 Exhibit A Page 24 of 48 Exhibit A Page 25 of 48 Exhibit A Page 26 of 48 Exhibit A Page 27 of 48 Exhibit A Page 28 of 48 Exhibit A Page 29 of 48 Exhibit A Page 30 of 48 Exhibit A Page 31 of 48 Exhibit A Page 32 of 48 Exhibit A Page 33 of 48 Exhibit A Page 34 of 48 Exhibit A Page 35 of 48 Exhibit A Page 36 of 48 Exhibit A Page 37 of 48 Exhibit A Page 38 of 48 Exhibit A Page 39 of 48 Exhibit A Page 40 of 48 Exhibit A Page 41 of 48 Exhibit A Page 42 of 48 Exhibit A Page 43 of 48 Exhibit A Page 44 of 48 Exhibit A Page 45 of 48 Exhibit A Page 46 of 48 Exhibit A Page 47 of 48 Exhibit A Page 48 of 48 FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: May 9, 2019 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-103-19, May 20, 2019 Warrant Register Recommendation: I recommend that the City Council approve the May 20, 2019 Warrant Register Resolution R-103-19. Warrant Register……………………………$3,393,159.63 MEMORANDUM Estimated General Fund Balance Balance as of 03/31/2019: $23,104,649 Please use caution when evaluating this number as revenues fluctuate dramatically from month to month due to delays in receiving sales tax revenue from the State and 1st & 2nd installments of property tax revenue. Page 1 of 28 CITY OF DES PLAINES RESOLUTION R-103-19 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. May 20, 2019 Page 2 of 28 Line #Vendor Invoice Invoice Description Amount 1 4160 Real Estate Transfer Tax 7746 Kling, Wanda Refund 04/22/19 Real Estate Transfer Tax Refund 560.00 560.00 2 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 579.70 3 6110 Printing Services 1233 Press Tech Inc 44344 3 Boxes of Business Cards 60.00 4 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1721974 Note Pads, Markers, Whiteboard Cleaner 24.09 5 7200 Other Supplies 1389 Garvey's Office Products Inc PINV1721974 Note Pads, Markers, Whiteboard Cleaner 20.73 684.52 6 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 55.97 7 6100 Publication of Notices 1050 Journal & Topics 180003 Legal Notice - Stepvan Purchase 04/17/2019 86.55 8 6100 Publication of Notices 1050 Journal & Topics 180004 Legal Notice - 2019 CIP Concrete Program 04/17/2019 95.21 9 6100 Publication of Notices 1050 Journal & Topics 180005 Legal Notice - Metro Square Parking Maintenance 04/17/2019 103.86 10 6300 R&M Software 4719 WebQA Incorporated 1015-0190601 FOIA Software Agmt Year 3 of 3 June 1, 2019-May 30, 2020 5,460.00 5,801.59 6,486.11 11 6000 Professional Services 7692 Advantage Government Strategies LLC 1621 Lobbyist Services - April 2019 - R-50-19 5,000.00 12 6000 Professional Services 1016 Alfred G Ronan LTD May 2019 Lobbyist Services - May 2019 R-188-18 5,000.00 13 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 63.47 14 7000 Office Supplies 1644 Warehouse Direct Inc 4266513-0 Copy Paper 119.88 10,183.35 City Administration Division: 210 - City Manager Total 210 - City Manager Division: 120 - City Clerk Total 120 - City Clerk Total 10 - Elected Office Total 00 - Non Departmental Elected Office Division: 110 - Legislative Total 110 - Legislative City of Des Plaines Warrant Register 05/20/2019 Account Fund: 100 - General Fund Department: 00 - Non Departmental Page 3 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 15 6005 Legal Fees 3447 Holland & Knight LLP 5817741 3-19 Non-Retainer 400 Lee Street Transfer 84.00 16 6005 Legal Fees 3447 Holland & Knight LLP MAR 2019 RET March 2019 Retainer 18,500.00 17 6009 Legal Fees - Admin Hearings/Prosecu tions 1073 Bartel, Raymond 19-08 Legal Services 04/18 - 04/29/2019 1,255.00 18 6120 Recording Fees 1139 Cook County of Illinois 2903312019 Recording Fees - Ordinances, Restrictive Covenant 03/27/2019 530.00 19 7500 Postage & Parcel 1041 Federal Express 6-524-45577 Delivery Service 04/12/2019 25.73 20,394.73 20 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 407.91 407.91 21 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 251.43 22 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 (100.00) 151.43 23 5340 Pre-Employment Testing 6969 CareerBuilder Employment Screening LLC AUR1120704 Applicant Background Screenings 03/31-04/30/2019 779.25 24 5530 Employee Assistance Program 4651 Perspectives 92326 Employee Assistance Program 05/01-05/31/2019 620.00 25 6000 Professional Services 1247 Resource Management Assoc 19055 Battalion Chief Assessment 04/04/2019 5,286.86 26 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 63.47 27 7000 Office Supplies 1220 Runco Office Supply 745295-0 2 Boxes of Folders & 1 Box of Protector Sheets 57.45 6,807.03 28 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 63.47 63.47 38,007.92Total 20 - City Administration Total 250 - Human Resources Division: 260 - Health & Human Services Total 260 - Health & Human Services Division: 240 - Media Services Total 240 - Media Services Division: 250 - Human Resources Division: 220 - Legal Total 220 - Legal Division: 230 - Information Technology Total 230 - Information Technology Page 4 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 29 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 157.47 30 6025 Administrative Services 1172 Third Millennium Associates Inc 23351 2019 Vehicle License & Software Services 04/26/2019 16,298.88 31 7000 Office Supplies 1644 Warehouse Direct Inc 4266711-0 Markers, Highlighters, Folders, Etc 85.85 16,542.20 32 6000 Professional Services 6315 B&F Construction Code Services Inc 51114 Plan Review 4/12/19 - Project # 1117859 409.66 33 6000 Professional Services 6315 B&F Construction Code Services Inc 51160 Plan Review 4/19/19 - Project # 1118850 1,069.37 34 6000 Professional Services 7647 Citywide Elevator Inspection Services Inc DT66146 28 Elevator Inspections 4/1/19 -4/11/19 224.00 35 6005 Legal Fees 3447 Holland & Knight LLP 5817679 3-19 Non-Retainer Property Enforcement Matters 189.00 36 6005 Legal Fees 3447 Holland & Knight LLP 5817734 3-19 Non-Retainer Property Enforcement Matters 1,050.05 37 6005 Legal Fees 3447 Holland & Knight LLP 5817738 3-19 Non-Retainer Property Enforcement Matters 1,260.00 38 6005 Legal Fees 3447 Holland & Knight LLP 5817740 3-19 Non-Retainer Property Enforcement Matters 252.00 39 6005 Legal Fees 3447 Holland & Knight LLP 5820925 3-19 Non-Retainer Redevelopment 3,199.50 40 6005 Legal Fees 3447 Holland & Knight LLP 5825735 3-19 Non-Retainer Property Enforcement Matters 2,820.00 41 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 633.86 42 6510 Subsidy - Flood Assistance 6542 Feliciano, Maria L FRP19-013 Flood Rebate - 11/27/2018 1,250.00 43 7000 Office Supplies 1644 Warehouse Direct Inc 4267299-0 Certificate Paper, Envelopes, Stamps, Kitchen Supplies 46.19 44 7000 Office Supplies 1644 Warehouse Direct Inc 4267906-0 1 Box Copy Paper, Certificate Paper 81.51 45 7000 Office Supplies 1644 Warehouse Direct Inc 4271989-0 2 Boxes Copy Paper, Permit Cardstock, Post-It Notes, Batteries 84.71 46 7000 Office Supplies 1644 Warehouse Direct Inc C4267906-0 Return of 1 Box Copy Paper (Incorrect Item) (49.81) Community Development Division: 410 - Building & Code Enforcement Department: 30 - Finance Total 30 - Finance Page 5 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 47 7200 Other Supplies 2016 Signarama 40284 Namplate for New Planner, CED Spec & Elec Insp 15.00 48 7300 Uniforms 1538 Lands' End Business Outfitters SIN7332147 Uniform Shirts (5)268.45 49 7320 Equipment < $5,000 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 344.98 13,148.47 50 6000 Professional Services 3338 Gabriel Environmental Services 0419L0129 Phase I AAI Environmental Site Assessment - 4/5 & 4/16/19 2,250.00 51 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 63.47 52 6195 Miscellaneous Contractual Services 4070 Cerabona, Gale M 113 Planning & Zoning Board Meeting & Minutes - 4/9/19 175.00 53 6195 Miscellaneous Contractual Services 4070 Cerabona, Gale M 114 Planning & Zoning Board Meeting & Minutes - 4/23/19 166.25 54 7000 Office Supplies 1644 Warehouse Direct Inc 4267299-0 Certificate Paper, Envelopes, Stamps, Kitchen Supplies 46.18 55 7000 Office Supplies 1644 Warehouse Direct Inc 4271989-0 2 Boxes Copy Paper, Permit Cardstock, Post-It Notes, Batteries 84.71 56 7200 Other Supplies 2016 Signarama 40284 Namplate for New Planner, CED Specialist & Elec Insp 51.00 57 7200 Other Supplies 1644 Warehouse Direct Inc 4267299-0 Certificate Paper, Envelopes, Stamps, Etc. 8.04 58 7300 Uniforms 1538 Lands' End Business Outfitters SIN7332505 Uniform Shirts (7)350.12 3,194.77 59 5320 Conferences 3957 International Council of Shopping Centers - ICSC 370760 Chicago Deal Making Show Exhibition Booth 10/16- 10/17/2019 755.00 60 6000 Professional Services 5215 CoStar Realty Information Inc 109299905-1 May 2019 Available Property Database 381.60 61 6000 Professional Services 1079 AECOM Technical Services Inc 2000200448 Consulting TO 4 DP Metra Train Feasibility Study 3/9- 4/12/19 8,245.89 62 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 55.97 9,438.46 25,781.70Total 40 - Community Development Total 420 - Planning & Zoning Division: 430 - Economic Development Total 430 - Economic Development Total 410 - Building & Code Enforcement Division: 420 - Planning & Zoning Page 6 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 63 5325 Training 1753 American Public Works Association - APWA 966 51 Attendance Passes - Annual Conference - 05/22 & 05/23/2019 130.00 64 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 123.92 65 6040 Waste Hauling & Debris Removal 1021 Republic Svc #551 0551-014443510 Residential Refuse & Recycling - April 2019, R-35- 14 266,652.00 66 6040 Waste Hauling & Debris Removal 6047 Vintage Tech LLC 20531 Electronics Recycling - 04/19/2019 1,761.60 268,667.52 67 6000 Professional Services 3337 HR Green Inc 125942 2019 Bridge Inspections TO5 - 02/16/2019-03/15/2019, R-3- 18 3,539.97 68 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 373.37 3,913.34 69 6195 Miscellaneous Contractual Services 1107 Ayres Associates 180146 Task Order 2 -2019 Aerial Photography 03/01- 03/30/2019 7,838.25 70 6195 Miscellaneous Contractual Services 1060 Municipal GIS Partners Inc 4472 Geographic Information System Support 04/01- 04/30/2019 16,951.71 24,789.96 71 5325 Training 1753 American Public Works Association - APWA 966 51 Attendance Passes - Annual Conference - 05/22 & 05/23/2019 595.00 72 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 444.05 73 6135 Rentals 6656 Route 12 Rental Co Inc 90773 Stump Grinder Rental - 04/15/2019-04/29/2019 2,144.90 74 6175 Tree Plantings 1153 West Central Municipal Conference 0006773-IN 104 Trees Purchased & Planted - 04/18-04/19/2019, R-4-19 36,735.00 75 6195 Miscellaneous Contractual Services 1931 Oui Oui Enterprises LLC 63017 Portable Restroom Maintenance - 03/07/2019- 04/06/2019 265.00 76 7000 Office Supplies 1066 Office Depot 305043349001 Laminate Pouches, Binder Clips, & Markers 54.93 Total 520 - Geographic Information Systems Division: 530 - Street Maintenance Division: 510 - Engineering Total 510 - Engineering Division: 520 - Geographic Information Systems Public Works & Engineering Division: 100 - Administration Total 100 - Administration Page 7 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 77 7050 Supplies - Streetscape 1757 JCK Contractors Inc 23823 20-22 Yds Top Soil - Parkway Restorations - 04/09/2019 680.00 78 7050 Supplies - Streetscape 2438 Flag Lady Corp The 26743 4 City of Des Plaines Flags - 04/17/2019 1,730.14 79 7050 Supplies - Streetscape 1047 Home Depot Credit Svcs 6193045 5 Sq Ft Sod - Parkway Restoration - 04/17/2019 34.90 80 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10281805 3.0 Cu Yds Top Soil - Parkway Restorations - 04/22/2019 83.70 81 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10281909 3.0 Cu Yds Top Soil - Parkway Restorations - 04/23/2019 83.70 82 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10282096 36 Landscaping Plants - PW - 04/23/2019 678.00 83 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10282121 Bulk Blended Compost 04/23/2019 - PW Landscaping 35.45 84 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10282344 24 Landscaping Plants - PW - 04/24/2019 194.00 85 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10282362 7 Cu Yds Bulk Mulch 04/24/2019 - PW 279.30 86 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10282431 1.5 Cu Yds Top Soil & 1.5 Cu Yds Compost-PW Plant Beds 95.03 87 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10282976 3.0 Cu Yds Mulch - Parkway Tree Plantings - 04/26/2019 119.70 88 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40190 2.94 Tons Asphalt - Potholes - 04/09/2019, R-41-19 84.82 89 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40228 17.07 Tons Asphalt - Water Main Repairs - 04/12/2019, R- 41-19 492.46 90 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40263 2.09 Tons Asphalt - Potholes - 04/16/2019, R-41-19 60.30 91 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40298 1.98 Tons Asphalt - Potholes - 04/17/2019, R-41-19 57.12 92 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40331 19.46 Tons Asphalt - Water Main Repairs - 04/19/2019, R- 41-19 561.41 93 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40374 5.96 Tons Asphalt - Water Main Repairs - 04/22/2019, R- 41-19 171.94 94 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40427 2.0 Tons Asphalt - Potholes - 04/23/2019, R-41-19 57.70 Page 8 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 95 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40484 4.20 Tons Asphalt - Potholes - 04/24/2019, R-41-19 121.17 96 7055 Supplies - Street R&M 7691 Builder's Asphalt LLC 40551 21.13 Tons Asphalt - Water Main Repairs - 04/25/2019, R- 41-19 609.59 97 7300 Uniforms 7213 Bueser, Thomas V Reimb 03/30/2019 3 Uniform Pants - Superintendent 61.86 46,531.17 98 5325 Training 1753 American Public Works Association - APWA 966 51 Attendance Passes - Annual Conference - 05/22 & 05/23/2019 175.00 99 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 200.15 100 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 04-542 Exterior Pest Control - Police & City Hall - 04/01/2019 40.00 101 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 04-542 Exterior Pest Control - Police & City Hall - 04/01/2019 40.00 102 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 04-543 Interior Pest Control - City Hall & Police - 04/01/2019 97.00 103 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 04-543 Interior Pest Control - City Hall & Police - 04/01/2019 96.00 104 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769599272 Mat Service - Police - 04/17/2019 208.46 105 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769602828 Mat Service - Metra Station - 04/24/2019 77.69 106 6315 R&M Buildings & Structures 1025 Bedco Inc 095524 Replace Bearing in Air Handler Chamber-City Hall- 04/03/2019 2,282.95 107 6315 R&M Buildings & Structures 5698 Doors Done Right Inc 10184 Penthouse Door - Police - 04/19/2019 1,607.00 108 7025 Supplies - Custodial 1029 Cintas Corporation 769599270 20 Mop Heads & Mop - City Hall 41.95 109 7025 Supplies - Custodial 1029 Cintas Corporation 769599273 Cleaners, Mats, Scrub, Soap, Paper Towels, Etc - PW - 04/17/2019 333.65 110 7025 Supplies - Custodial 1029 Cintas Corporation 769602829 Cleaners, Mats, Scrubs, Soap, Paper Towels, Etc. - PW - 04/24/20 343.01 111 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 4513358 Returned 1 Cabinet - Fire 63 (158.17) Division: 535 - Facilities & Grounds Maintenance Total 530 - Street Maintenance Page 9 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 112 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 4902305 1 Cabinet - Fire 63 159.00 113 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7101155 4 Cabinets - Fire 63 1,160.98 114 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7142635 Returned 2 Cabinets - Fire 63 (266.18) 115 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7173924 3 Cabinets - Fire 63 569.26 116 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7376494 2 Cabinets - Fire 63 63.00 117 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7511219 3 Cabinets - Fire 63 482.86 118 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7793476 4 Cabinets - Fire 63 267.98 119 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7936827 3 Cabinets - Fire 63 527.60 120 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 8145663 1 Cabinet - Fire 63 166.50 121 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 8196436 1 Cabinet - Fire 63 166.50 122 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 8901762 4 Kitchen Cabinets - Fire 63 82.80 123 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 9901729 5 Kitchen Cabinets - Fire 63 1,001.58 124 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/042236 2 Ballasts - Fire #62 52.68 125 7110 Natural Gas 1064 Nicor 04/15/19 x199377 Natural Gas Service 03/14- 04/12/2019 30.52 126 7110 Natural Gas 1064 Nicor 04/15/19 x507801 Natural Gas Service 03/14- 04/12/2019 97.03 127 7140 Electricity 1033 ComEd 0459113083- 04/19 Electricity Service 03/15- 04/15/2019 7,850.96 128 7140 Electricity 1033 ComEd 2607132134- 04/19 Electricity Service 03/06- 04/04/2019 134.63 129 7140 Electricity 1033 ComEd 2685017085- 04/19 Electricity Service 03/07- 04/05/2019 113.43 130 7140 Electricity 1033 ComEd 4974507003- 04/19 Electricity Service 03/07- 04/05/2019 309.31 131 7140 Electricity 1033 ComEd 5222730006- 04/19 Electricity Service 03/05- 04/03/2019 195.52 132 7140 Electricity 1033 ComEd 5310652035- 04/19 Electricity Service 03/07- 04/05/2019 28.95 133 7140 Electricity 1033 ComEd 5310653096- 04/19 Electricity Service 03/08- 04/05/2019 89.67 134 7140 Electricity 1033 ComEd 5310654039- 04/19 Electricity Service 03/08- 04/05/2019 600.83 135 7140 Electricity 1033 ComEd 5310655063- 04/19 Electricity Service 03/08- 04/05/2019 322.50 Page 10 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 136 7550 Miscellaneous Expenses 1076 Sam's Club Direct 8229 Snacks & Water - Lake Forest Academy Project 73.46 19,666.06 137 5325 Training 1753 American Public Works Association - APWA 966 51 Attendance Passes - Annual Conference - 05/22 & 05/23/2019 210.00 138 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 122.32 139 6135 Rentals 1029 Cintas Corporation 022763204 Mechanics Uniforms - 04/22/2019 163.06 140 6135 Rentals 1029 Cintas Corporation 022765624 Mechanic's Uniform Rental - 04/29/2019 163.06 141 6190 Tow/Storage/Aba ndoned Fees 1567 Schimka Auto Wreckers, Inc 4/29/2019 Tow CED Vehicle to PW - 04/29/2019 90.00 142 6195 Miscellaneous Contractual Services 1741 Praxair Distribution Inc 88935736 Cylinder Rental - 03/20/2019- 04/20/2019 554.14 143 6195 Miscellaneous Contractual Services 7631 T-Mobile USA Inc 965199112-Apr 19 Vehicle Positioning System - 03/21/2019-04/20/2019 252.00 144 6305 R&M Equipment 1660 Safety-Kleen Systems Inc 79582361 Parts Washer Maintenance - 04/18/2019 300.00 145 6310 R&M Vehicles 3157 Nemeth Glass of Illinois Inc 147145 Replace Front Windshield - Police 6042 291.92 146 6310 R&M Vehicles 3157 Nemeth Glass of Illinois Inc 147310 Replaced Windshield 04/29/2019 - Police 6002 283.50 147 7020 Supplies - Safety 7142 Amerisource Industrial Supply Co, Inc C029735 4 Gals Orange Pumice Hand Scrub 60.68 148 7030 Supplies - Tools & Hardware 1536 Snap On Industrial 150_APR_869958 46 Returned Tool Set 01/15/2019 (302.01) 149 7030 Supplies - Tools & Hardware 1536 Snap On Industrial ARV/39559564 Tools & Sockets - Shop 597.90 150 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000238450 2 Amber & 2 Blue Strobe Lights - Police & PW 159.66 151 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000238450 2 Amber & 2 Blue Strobe Lights - Police & PW 159.65 152 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 1-0066302 Filters & Wiper Blades - Stock 641.58 153 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 1-0067034 24 Oil Filters - Police Stock 115.92 154 7040 Supplies - Vehicle R&M 3213 Ehrhardt's RV Trailer Sales 165425 Breakaway Switch & Battery Cover - Fire 7506 44.98 155 7040 Supplies - Vehicle R&M 1501 Foster Coach Sales Inc 16728 Door Shock, Clip, Screw, Ball Stud Bracket - Fire 7706 91.29 156 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 190351P 35 Plow Cutting Edges - Stock 2,468.70 Total 535 - Facilities & Grounds Maintenance Division: 540 - Vehicle Maintenance Page 11 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 157 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-388898 Silicone - Stock 18.99 158 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-389284 Ceramic Pads - CED 2013 33.40 159 7040 Supplies - Vehicle R&M 5573 Henderson Products Inc 291932 5 Fenders & 10 Mount Kits - PW 5102 304.52 160 7040 Supplies - Vehicle R&M 5573 Henderson Products Inc 292198 4 Pin Mounts - Stock 96.05 161 7040 Supplies - Vehicle R&M 1057 Menard Incorporated 32804 Dash and Glass, Windex, Ultra Shine, Etc. - Street Vehicles 67.62 162 7040 Supplies - Vehicle R&M 1057 Menard Incorporated 35525 Sponge Seal - PW 8020 7.69 163 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1180436 Spark Plugs, Brake Cleaner, Carb Choke Cleaner - Stock 46.53 164 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1180741 2 Air Filters & Oil Filter - EMA 6510 & 6511 39.23 165 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1180932 Tail Pipe Extension - PW 5077 19.69 166 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1181056 Penetrating Oil & Spray Lube - Stock 17.38 167 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1182028 Radiator Cap - Fire 7602 3.29 168 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1182029 Radiator Cap - Fire 7602 3.29 169 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1182100 2 Brake Rotors & Brake Pads - CED 2013 104.63 170 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1182197 6 Vinyl Erasers - Stock 102.27 171 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 459107P Bearing - Police 6919 6.91 172 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 459127P Window Regulator - Police 6042 52.45 173 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 459489P Seat Cover - PW 5101 167.20 174 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723426 5 Filters & Curved Radiator Hose - PW 5041 121.04 175 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723521 Return Curved Radiator Hose - PW 5041 (14.79) 176 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723524 2 Air Filters - PW 5041 71.91 177 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723608 Fuel Filter - EMA 6511 13.57 178 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723812 2 Air Filters - Fire Stock 188.24 179 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723835 3 Hydraulic Filters. 3 Air Filters, & Fuel Filter - PW 5027 208.80 Page 12 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 180 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723894 Transmission Fluid - Police 6042 & Stock 53.76 181 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-723985 4 Oil Filters - Stock 18.80 182 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724351 2 Wipers - PW 5027 42.54 183 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724507 Filters, Lights & Brake Chambers - Stock 133.26 184 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724513 Fuel Filter - PW 5007 8.76 185 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724548 2 Oil Filters & Funnels - PW 5007 52.17 186 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724565 Returned Air Filter & Oil Filter (72.21) 187 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724582 12 Oil Filters - Stock 56.40 188 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724590 Wiper - PW 5027 7.56 189 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724799 Cabin Air Filter - PW 5080 16.96 190 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724858 2 Screw Caps - Water 9037 4.38 191 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724926 Alternator, Belt & Tensioner Assembly - Police 6010 395.20 192 7040 Supplies - Vehicle R&M 5971 Whatever It Takes Transmission and Parts 7703140 Transmission Parts - Police 6919 558.29 193 7040 Supplies - Vehicle R&M 5971 Whatever It Takes Transmission and Parts 7714633 Bearing - Police 6919 12.05 194 7040 Supplies - Vehicle R&M 1045 Havey Communications 9256 2 LED Hideaway Lights - Police 6062 174.80 195 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG69409 Valve Ball - Fire 83.21 196 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG69771 Bell Valve & Handle, Ball Joint Kits & Rebuild Kit-Fire 7602 1,501.07 197 7040 Supplies - Vehicle R&M 5823 Interstate Power Systems Inc C042032961:01 Return Fuel Filter - 03/08/2019 (16.93) 198 7040 Supplies - Vehicle R&M 5823 Interstate Power Systems Inc C042033962:01 Sensor, Filters, Transmission Fluid, Etc. - Fire Stock 1,143.97 199 7040 Supplies - Vehicle R&M 1103 Casey Equipment Co C18851 2 Flashing Hoppers - PW 5007 246.96 200 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs P13677556 9 Batteries, Vehicles #9001, #2012 & #5089 183.90 201 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs P13677556 9 Batteries, Vehicles #9001, #2012 & #5089 633.65 202 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs P13982180 6 Batteries - Fire 7602 551.70 Page 13 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 203 7040 Supplies - Vehicle R&M 1575 Pirtek O'Hare S2917158.001 Hydraulic Hose & Fittings - Fire 7801 89.81 204 7040 Supplies - Vehicle R&M 1154 West Side Tractor Sales W72482 Filers & Keepers - PW 5027 & 9014 124.00 205 7300 Uniforms 6029 Magak, Ralph Reimb 04/16/2019 2 Uniform Pants - Vehicle Foreman 35.74 14,188.06 377,756.11 206 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 (350.00) 207 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 245.45 (104.55) 208 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 2,030.90 209 7000 Office Supplies 1644 Warehouse Direct Inc 4275837-0 Copy Paper (6 Cases)205.92 2,236.82 210 5325 Training 7065 Christman, Yvonne 08894 Transpersonal Development (MS2)-PD Soc Worker 02/27- 03/03/2019 1,100.00 211 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 1,461.90 2,561.90 212 6015 Communication Services 1680 Pacific Telemanagement Services 2017117 3 Public Pay Phones Monthly Fee May 2019 228.00 213 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 623.17 214 6110 Printing Services 1142 Copyset Printing Company 55283 Animal Impound Record Form #11 (1000) 201.00 215 6195 Miscellaneous Contractual Services 1817 Aftermath Inc JC2019-2595 Bio-Hazard Clean Up Jail Cell 4/6/2019 210.00 216 7000 Office Supplies 1644 Warehouse Direct Inc 4277271-0 Paper, ID Holders 132.18 Division: 620 - Criminal Investigation Total 620 - Criminal Investigation Division: 630 - Support Services Total 100 - Administration Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Total 50 - Public Works & Engineering Police Department Division: 100 - Administration Total 540 - Vehicle Maintenance Page 14 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 217 7015 Supplies - Police Range 1244 Ray O'Herron Company Inc 1924533-IN 2019 Department Ammunition-Various Caliber - 9mm (200) 1,800.00 218 7015 Supplies - Police Range 6122 Indiana, State of MU013-19 Training Site Rental Fee for TRT Training April 8-12, 2019 508.33 219 7200 Other Supplies 3014 Motorola Solutions Inc 16048776 Batteries for Patrol Portable Radios (15) 1,842.75 220 7200 Other Supplies 1244 Ray O'Herron Company Inc 1921566-IN Sabre MK-3 Mace (12), Tactical Tourniquet (6) 358.22 221 7200 Other Supplies 1244 Ray O'Herron Company Inc 1923521-IN Modular Bandages, Tourniquets 114.30 6,017.95 10,712.12 222 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 363.37 223 6195 Miscellaneous Contractual Services 7696 Sierminski, Debra M CC19-1 Citizen Corps Contractual Services 01/01-03/31/2019 625.00 224 6195 Miscellaneous Contractual Services 3429 Carroll, Beverly S TC19-1 Emergency Management Contractual Services 01/01- 03/31/2019 625.00 225 7200 Other Supplies 1076 Sam's Club Direct 007026 Emergency Operation Center Supplies 296.60 1,909.97 226 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 289.39 227 6195 Miscellaneous Contractual Services 1077 Shred-It USA LLC 8127051950 On-Site Shredding Service-Sta 61 03/26/2019 72.02 228 7200 Other Supplies 1018 Anderson Lock Company LTD 1006473 1 Standard Cut Key 4.05 365.46 229 5325 Training 1252 NIPSTA 04222019 Fire Department Training Classes 04/22/2019 - 06/10/2019 8,040.00 230 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 1,011.97 231 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 608.16 Division: 710 - Emergency Services Fire Department Division: 100 - Administration Total 100 - Administration Total 60 - Police Department Department: 65 - Emergency Management Agency Total 65 - Emergency Management Agency Total 630 - Support Services Page 15 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 232 6035 Dispatch Services 5067 Regional Emergency Dispatch Center 164-20-05 R-141-13 Monthly Dispatch Service May 2019 56,282.00 233 7000 Office Supplies 1644 Warehouse Direct Inc 4268990-0 Signs, Folders, Labels for Label Maker 69.87 234 7025 Supplies - Custodial 1304 HP Products Corporation I4371251 Bowl Cleaner & Butyl Cleaner- Sta 63 86.94 235 7035 Supplies - Equipment R&M 2054 Breathing Air Systems 1066759-IN Repair Parts for Compressor Fill Ports-Sta 61 79.03 236 7035 Supplies - Equipment R&M 1080 Air One Equipment Inc 143580 12 Helmet Edge Trim Replacement Kits 305.80 237 7035 Supplies - Equipment R&M 1080 Air One Equipment Inc 143717 36 Liner, Cushions & Pad Replacements 1,023.00 238 7035 Supplies - Equipment R&M 1660 Safety-Kleen Systems Inc 79582384 Parts Washer Solvent-Sta 61 04/16/2019 159.00 239 7200 Other Supplies 2843 Vision Marketing Passport System Ltd 1722 42 Name Tags 96.15 240 7200 Other Supplies 3354 Kosco Flags & Flagpoles LLC 19146 Three 3'X5' Mourning Flags 117.00 241 7200 Other Supplies 1057 Menard Incorporated 35413 Cable Ties, Grommets, Screwdriver Bits for Mourning Flag Sta 63 34.96 242 7200 Other Supplies 1644 Warehouse Direct Inc 4268990-0 Signs, Folders, Labels for Label Maker 195.43 243 7200 Other Supplies 2031 Rebel's Trophies Inc 79045 Name Plate & Engraving for B/C 10.75 244 7200 Other Supplies 3297 Bound Tree Medical LLC 83183129 6 Head Immobilizers 256.74 245 7300 Uniforms 3212 On Time Embroidery Inc 61196 Nameplate-New Engineer 12.00 246 7300 Uniforms 3212 On Time Embroidery Inc 62248 Braid, Buttons, Maltese - New B/C 50.00 247 7300 Uniforms 3212 On Time Embroidery Inc 62249 Braid & Maltese - 1 New Lieutenant 31.00 248 7300 Uniforms 3212 On Time Embroidery Inc ES 61279 4 T-Shirts & 1 Polo - 1 Paramedic 90.00 249 7300 Uniforms 3212 On Time Embroidery Inc O 61864 Steel Toe Boot, Station Pants - 1 Engineer 263.00 250 7300 Uniforms 3212 On Time Embroidery Inc OE 60074 Class A Shirt - 1 Paramedic 48.00 251 7300 Uniforms 3212 On Time Embroidery Inc OE 60312 Class A Shirt - 1 Paramedic 51.00 252 7300 Uniforms 3212 On Time Embroidery Inc OE 61088 Station Pants, Zip Job Shirt - 1 Paramedic 121.00 Page 16 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 253 7300 Uniforms 3212 On Time Embroidery Inc OE 61314 2 Station Pants, Belt, 2 Polos, 2 Zip Job Shirts - 1 Paramedic 352.00 254 7300 Uniforms 3212 On Time Embroidery Inc OE 62154 2 Station Pants, Mock Turtleneck - 1 Lieutenant 134.00 255 7300 Uniforms 3212 On Time Embroidery Inc OES 61347 2 Pants, 2 Polos, 3 T-Shirts, 2 Cotton Shirts-1 Paramedic 334.00 256 7300 Uniforms 3212 On Time Embroidery Inc OS 61800 3 T-Shirts, Shorts, Station Pants - 1 Paramedic 160.00 257 7300 Uniforms 3212 On Time Embroidery Inc OS 61926 4 T-Shirts & 1 Twill Cap - 1 Paramedic 63.00 258 7300 Uniforms 3212 On Time Embroidery Inc S 62155 2 Cotton Shorts & 2 Mesh Shorts - 1 Paramedic 96.00 259 7320 Equipment < $5,000 3670 Heiman Fire Equipment 0878457-IN 1 Set-Hose Ramps 270.70 260 7320 Equipment < $5,000 1080 Air One Equipment Inc 143489 6 Firefighter Boots 2,364.00 261 7320 Equipment < $5,000 1148 WS Darley & Co 17359077 6 Quick Release Straps 170.84 262 7320 Equipment < $5,000 1148 WS Darley & Co 17359498 2 Replacement Level "A" Chemical Suits 3,598.00 263 7320 Equipment < $5,000 1148 WS Darley & Co 17360092 1 Pair of Suspenders 81.41 264 7500 Postage & Parcel 1566 UPS Store The 2019 / 1Q-Fire UPS Shipping Charges 01/29 thru 02/27/2019 368.43 265 7500 Postage & Parcel 1147 Zoll Medical Corp 2844787 M-6-19 5 Cardiac Monitors/Defibrillators & Assoc Equipment 260.23 266 8010 Furniture & Fixtures 1076 Sam's Club Direct 8167 Office Chair for Fire Dept 219.98 267 8015 Equipment 1147 Zoll Medical Corp 2844787 M-6-19 5 Cardiac Monitors/Defibrillators & Assoc Equipment 149,566.36 227,081.75 268 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 158.57 158.57 227,605.78 269 6025 Administrative Services 1005 A/R Concepts Inc CDP101 Jan 2019 Collection Services Jan 2019 Parking Tickets 11.20 11.20 705,373.11Total 100 - General Fund Total 70 - Fire Department Department: 90 - Overhead Total 90 - Overhead Total 710 - Emergency Services Division: 720 - Fire Prevention Total 720 - Fire Prevention Page 17 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 270 6000 Professional Services 3337 HR Green Inc 126110 TO #1-Library Exterior Sealants - 02/20-04/19/2019, R-3-18 1,798.00 271 6000 Professional Services 1112 Architectural Consulting Group LTD C19-102 TO#2 Int. Ren. - DP Theater - 03/01/2019-04/23/2019, R- 148-18 13,350.00 272 6000 Professional Services 1112 Architectural Consulting Group LTD C19-103 TO#4 Field Services - DP Theatre - 01/01/2019- 04/23/2019, R-2-18 2,508.00 273 6005 Legal Fees 3447 Holland & Knight LLP 5817735 3-19 Non-Retainer Redevelopment 6,264.00 274 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769599271 Mat Service - Train Station - 04/17/2019 77.69 275 6315 R&M Buildings & Structures 7506 Otto Baum Company Inc P6 - Theatre Theatre Exterior Masonry/Facade Repairs-April 2019, R-171-18 78,577.65 276 7050 Supplies - Streetscape 1043 WW Grainger Inc 9152298767 Collapsible Container - Light Pole Banners 205.89 277 7110 Natural Gas 1064 Nicor 04/15/19 x603131 Natural Gas Service 03/14- 04/12/2019 73.00 278 7140 Electricity 1033 ComEd 0237106099- 04/19 Electricity Service 03/08- 04/05/2019 175.45 279 7140 Electricity 1033 ComEd 0392121005- 04/19 Electricity Service 03/07- 04/05/2019 98.10 280 7140 Electricity 1033 ComEd 0445091056- 04/19 Electricity Service 03/08- 04/05/2019 155.98 281 7140 Electricity 1033 ComEd 2901166089- 04/19 Electricity Service 03/07- 04/05/2019 673.97 282 7140 Electricity 1033 ComEd 5310657021- 04/19 Electricity Service 03/08- 04/05/2019 163.43 283 7140 Electricity 1033 ComEd 5310658082- 04/19 Electricity Service 03/08- 04/05/2019 66.30 284 7140 Electricity 1033 ComEd 6045062008- 04/19 Electricity Service 03/08- 04/05/2019 97.31 104,284.77 285 6005 Legal Fees 3447 Holland & Knight LLP 5817739 3-19 Non-Retainer TIF #7 Matters 351.00 286 8100 Improvements 1067 Orange Crush 2018-TIF7-P3FNL R-24-18 US 12/45 Roadway & St Lighting 05/13-06/13/2018 43,994.01 44,345.01 287 7140 Electricity 1033 ComEd 0193753007- 04/19 Electricity Service 03/15- 04/15/2019 83.59 Fund: 207 - TIF #7 Mannheim/Higgins South Total 207 - TIF #7 Mannheim/Higgins South Fund: 230 - Motor Fuel Tax Fund Fund: 201 - TIF #1 Downtown Fund Total 201 - TIF #1 Downtown Fund Page 18 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 288 7140 Electricity 1033 ComEd 0725000037- 04/19 Electricity Service 03/08- 04/08/2019 6.69 289 7140 Electricity 1033 ComEd 1273119011- 04/19 Electricity Service 03/08- 04/08/2019 1,279.31 290 7140 Electricity 1033 ComEd 1521117181- 04/19 Electricity Service 03/07- 04/05/2019 359.52 291 7140 Electricity 1033 ComEd 2644104014- 04/19 Electricity Service 03/06- 04/04/2019 143.28 292 7140 Electricity 1033 ComEd 3471079047- 04/19 Electricity Service 03/07- 04/05/2019 26.66 1,899.05 293 7320 Equipment < $5,000 3670 Heiman Fire Equipment 0878457-IN 1 Set-Hose Ramps 1,000.00 1,000.00 294 6000 Professional Services 1079 AECOM Technical Services Inc 2000200687 R-137-18 62267-Consultant- River Rd Recon 02/23- 03/29/2019 58,471.95 295 6000 Professional Services 1126 Civiltech Engineering Inc 2866-28 Engr Svcs- Rand Rd Sidepath 09/01/2018-03/29/2019 18,400.60 296 6005 Legal Fees 4331 Wheatland Title Guaranty Company 606412 Lee & Forest TL-1325 Lee St Title Commitment Fees 3/20/2019 104.00 76,976.55 77,976.55 297 7300 Uniforms 1164 Uniform Den East Inc 60413 (1) Helix Brand Level II Ballistic Vests (1 Ofc) 402.50 298 7300 Uniforms 1164 Uniform Den East Inc 60769 (2) Helix Brand Level II Ballistic Vests (1 Ofc, 1 Sgt) 795.00 1,197.50 299 5325 Training 7757 Alonso, Daniel Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 300 5325 Training 3764 Bjork, Erik Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 301 5325 Training 3766 Contreras, Andrew Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 Program: 2640 - Forfeit Fund: 260 - Asset Seizure Fund Program: 2620 - DEA Total 2620 - DEA Program: 2520 - Capital Grants Total 2520 - Capital Grants Total 250 - Grant Projects Fund Total 230 - Motor Fuel Tax Fund Fund: 250 - Grant Projects Fund Program: 2510 - Public Safety Grants Total 2510 - Public Safety Grants Page 19 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 302 5325 Training 7280 Kolk, Ryan Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 303 5325 Training 3761 O'Connell, Ryan Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 304 5325 Training 3222 Flanagan, Sean Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 305 5325 Training 3715 Chapman, Michael Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 306 5325 Training 3280 Dvorak, Robert Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 307 5325 Training 3762 Szczerbinski, Oscar Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 308 5325 Training 5491 Armstrong, Jimmy Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 309 5325 Training 3757 Oppegard, Michael Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 310 5325 Training 7281 Azar, Jack Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 311 5325 Training 3225 Barrett, Ryan Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 312 5325 Training 3769 Hart, Brian Reimb 4/8-4/12 Reimbursement for Meals- TRT Training 4/8-4/12/19 236.90 3,316.60 4,514.10 313 6000 Professional Services 7564 Terra Consulting Group Ltd 0023999-IN Plan Review-1723 Busse Small Cell 04/18/2019 250.00 314 6000 Professional Services 7564 Terra Consulting Group Ltd 0024000-IN Plan Review - 825 Oakton Small Cell 04/18/2019 250.00 315 6000 Professional Services 7623 UrbanHydro Engineering Inc 109 Engr Svcs - FEMA Grant Application 04/01- 04/30/2019 400.00 316 6000 Professional Services 1079 AECOM Technical Services Inc 2000200687 R-137-18 62267-Consultant- River Rd Recon 02/23- 03/29/2019 6,496.88 317 6000 Professional Services 1126 Civiltech Engineering Inc 3243-10 Consultant-Rand Rd Sidepath ROW Acquisition 01/01- 03/29/2019 588.62 318 6000 Professional Services 2436 Haeger Engineering LLC 83422 Engr Svcs-Plat of Easement Michael & Brentwood 03/01- 04/16/2019 288.75 319 6005 Legal Fees 3447 Holland & Knight LLP 5817742 3-19 Non-Retainer Rand Road Sidepath Petition 1,029.00 320 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 249.49 Fund: 400 - Capital Projects Fund Total 2640 - Forfeit Total 260 - Asset Seizure Fund Page 20 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 321 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40190 2.94 Tons Asphalt - Potholes - 04/09/2019, R-41-19 47.48 322 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40228 17.07 Tons Asphalt - Water Main Repairs - 04/12/2019, R- 41-19 275.69 323 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40263 2.09 Tons Asphalt - Potholes - 04/16/2019, R-41-19 33.75 324 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40298 1.98 Tons Asphalt - Potholes - 04/17/2019, R-41-19 31.98 325 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40331 19.46 Tons Asphalt - Water Main Repairs - 04/19/2019, R- 41-19 314.29 326 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40374 5.96 Tons Asphalt - Water Main Repairs - 04/22/2019, R- 41-19 96.26 327 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40427 2.0 Tons Asphalt - Potholes - 04/23/2019, R-41-19 32.30 328 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40484 4.20 Tons Asphalt - Potholes - 04/24/2019, R-41-19 67.83 329 7065 Supplies - Capital Maintenance 7691 Builder's Asphalt LLC 40551 21.13 Tons Asphalt - Water Main Repairs - 04/25/2019, R- 41-19 341.26 10,793.58 330 6140 Leases 5109 Konica Minolta Premier Finance 69542198 Konica Minolta 2019 Lease 04/26/2019 - 05/25/2019 4,137.00 331 8005 Computer Hardware 6037 Southern Computer Warehouse Inc IN-000570400 9 QNAP Storage Seagate10TB Hard Drives for Information Tech 2,614.05 332 8005 Computer Hardware 6037 Southern Computer Warehouse Inc IN-000570631 6 QNAP Storage 2TB Samsung Hard Drives for Information Tech 1,986.82 8,737.87 333 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 171.32 171.32 Fund: 500 - Water/Sewer Fund Non Departmental Division: 510 - Engineering Total 510 - Engineering Total 400 - Capital Projects Fund Fund: 420 - IT Replacement Fund Total 420 - IT Replacement Fund Page 21 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 334 5325 Training 1753 American Public Works Association - APWA 966 51 Attendance Passes - Annual Conference - 05/22 & 05/23/2019 280.00 335 6000 Professional Services 6941 Stantec Consulting Services Inc 1501982 TO#6-Model Update & Water Age Analysis-02/01- 04/12/2019 10,578.25 336 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 859.61 337 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 190226 2 Water Meters Tested - 04/24/2019 46.00 338 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 190236 2 Water Meter Tests - 04/30/2019 46.00 339 6195 Miscellaneous Contractual Services 6992 Core & Main LP K450664 47 Meter Installations - 04/08- 04/14/2019 6,429.00 340 6195 Miscellaneous Contractual Services 6992 Core & Main LP K450964 61 Meter Installations - 04/01- 04/07-2019 9,536.00 341 6195 Miscellaneous Contractual Services 6992 Core & Main LP K463345 89 Meter Installations - 04/15- 04/19/2019, R-9-19 12,949.00 342 6305 R&M Equipment 3781 Smith Ecological Systems Company 22130 4 Regulatory Kits and 8 3/8" Grab Rings 1,174.66 343 6305 R&M Equipment 6598 Cummins Inc F2-86914 Generator Inspection - PW 9000 - 03/21/2019 292.00 344 7020 Supplies - Safety 1703 Prosafety Inc 2/859560 Rain Suit - New Water Employee 44.95 345 7020 Supplies - Safety 1703 Prosafety Inc 2/859970 Pullover Boots - Crew Leader 14.95 346 7020 Supplies - Safety 1703 Prosafety Inc 2/860000 2 Pairs of Hip Boots - Water Division 381.90 347 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 95953 Misc Tools & 2 Storage Boxes 37.38 348 7030 Supplies - Tools & Hardware 1536 Snap On Industrial ARV/39698716 5 Sockets 54.35 349 7040 Supplies - Vehicle R&M 1699 Metal Supermarkets Villa Park 1010532 2 Pieces of Steel - Stock 73.00 350 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1182197 6 Vinyl Erasers - Stock 61.36 351 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724507 Filters, Lights & Brake Chambers - Stock 55.53 352 7040 Supplies - Vehicle R&M 1154 West Side Tractor Sales W72482 Filers & Keepers - PW 5027 & 9014 93.44 353 7070 Supplies - Water System Maintenance 4093 HDS White Cap Construction Supply 10010365390 Handicap Safety Sidewalk Plates 590.97 Division: 550 - Water Systems Page 22 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 354 7070 Supplies - Water System Maintenance 1703 Prosafety Inc 2/859690 Spray Paint & Flags - JULIES's 505.20 355 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 245078-000 4 Flare Couplings 535.18 356 7070 Supplies - Water System Maintenance 1072 Prairie Material 888999279 3.50 Cu Yds Concrete - Mainbreak Repairs - 04/11/2019 570.00 357 7070 Supplies - Water System Maintenance 1072 Prairie Material 889011259 3.750 Cu Yds Concrete - Mainbreak Repair - 04/22/2019 600.00 358 7070 Supplies - Water System Maintenance 1072 Prairie Material 889016314 7.0 Cu Yds Concrete - Mainbreak Repairs - 04/23/2019 951.00 359 7070 Supplies - Water System Maintenance 1072 Prairie Material 889016941 1.50 Cu Yds Concrete - Mainbreak Repair - 04/25/2019 192.00 360 7070 Supplies - Water System Maintenance 6992 Core & Main LP K408560 350 Ground Clamps, 800 Meter Washers & 200 4 GA Wire 1,357.50 361 7070 Supplies - Water System Maintenance 6992 Core & Main LP K435124 200 1/2" Meter Couplings 2,000.00 362 7070 Supplies - Water System Maintenance 6992 Core & Main LP K466250 2 Meter Tail Pieces 35.00 363 7105 Wholesale Water - NWWC 2901 Northwest Water Commission 05032019 Wholesale Water Purchase - April 2019, R-183-14 248,442.06 364 7140 Electricity 1033 ComEd 0718079040- 04/19 Electricity Service 03/08- 04/05/2019 101.74 365 7140 Electricity 1033 ComEd 1602149012- 04/19 Electricity Service 03/06- 04/04/2019 130.66 366 7140 Electricity 1033 ComEd 2382141015- 04/19 Electricity Service 03/08- 04/05/2019 145.05 367 7140 Electricity 1033 ComEd 2902009038- 04/19 Electricity Service 03/05- 04/03/2019 517.63 368 7140 Electricity 1033 ComEd 3526170000- 04/19 Electricity Service 03/05- 04/03/2019 61.42 369 7140 Electricity 1033 ComEd 4436122006- 04/19 Electricity Service 03/15- 04/15/2019 3,834.04 370 7140 Electricity 1033 ComEd 5646761001- 04/19 Electricity Service 03/05- 04/03/2019 29.42 371 7140 Electricity 1033 ComEd 6152054027- 04/19 Electricity Service 03/06- 04/04/2019 3,099.53 306,705.78Total 550 - Water Systems Page 23 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 372 5325 Training 1753 American Public Works Association - APWA 966 51 Attendance Passes - Annual Conference - 05/22 & 05/23/2019 485.00 373 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 241.56 374 6305 R&M Equipment 7649 Altorfer Industries Inc PM600280659 Service Call- Generator Repair - 03/29/2019 1,534.98 375 6340 R&M Sewer System 1368 Metropolitan Industries Inc INV005089 Big Bend Pump Station Repairs - 04/29/2019 5,422.00 376 6505 Subsidy - Sewer Lateral Program 7753 Bora, Jeffrey SLP19-006 Sewer Lateral Rebate - 12/03/2018 1,150.50 377 6505 Subsidy - Sewer Lateral Program 7435 Caragiulo, Vito SLP19-007 Sewer Lateral Rebate - 04/03/2019 1,050.00 378 6505 Subsidy - Sewer Lateral Program 7435 Caragiulo, Vito SLP19-008 Sewer Lateral Rebate - 05/01/2019 100.00 379 6505 Subsidy - Sewer Lateral Program 7754 Boyle, Diane SLP19-009 Sewer Lateral Rebate - 05/01/2019 100.00 380 6505 Subsidy - Sewer Lateral Program 7755 Jasarevic, Elvir SLP19-010 Sewer Lateral Rebate - 03/21/2019 1,575.00 381 6505 Subsidy - Sewer Lateral Program 7756 Sibley, Kimberly SLP19-011 Sewer Lateral Rebate - 05/01/2019 100.00 382 6505 Subsidy - Sewer Lateral Program 7750 Jasnic, Slavisa SLP19-012 Sewer Lateral Rebate - 03/15/2019 2,025.00 383 6505 Subsidy - Sewer Lateral Program 7749 Freeman, Thomas E SLP19-013 Sewer Lateral Rebate - 02/25/2019 572.50 384 6510 Subsidy - Flood Assistance 7752 Kross, Kassandra FLP19-012 Flood Rebate - 03/18/2019 2,000.00 385 6510 Subsidy - Flood Assistance 7751 Pagan, Yanira E FRP19-011 Flood Rebate - 01/31/2019 2,000.00 386 7020 Supplies - Safety 1703 Prosafety Inc 2/859600 48 Pairs of Leather Work Gloves 372.00 387 7030 Supplies - Tools & Hardware 1018 Anderson Lock Company LTD 1007644 4 Cage Keys 16.20 388 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1182088 O-Rings & Silicone - PW 8020 48.48 389 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1182197 6 Vinyl Erasers - Stock 40.91 390 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-724507 Filters, Lights & Brake Chambers - Stock 33.32 391 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co P13318 4 Mesh Screens & Valve Ball - PW 8020 212.86 392 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co P13357 Return Screens & Gaskets - PW 8020 (133.88) 393 7075 Supplies - Sewer System Maint 1057 Menard Incorporated 35361 Gorilla Glue - Sluice Gate 4.84 394 7075 Supplies - Sewer System Maint 1057 Menard Incorporated 35420 Weather Shield - Levee 50 59.98 Division: 560 - Sewer Systems Page 24 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 395 7075 Supplies - Sewer System Maintenance 1072 Prairie Material 889013098 1.250 Cu Yds Concrete - Sewer Repair - 04/23/2019 160.00 396 7140 Electricity 1033 ComEd 0096017042- 04/19 Electricity Service 03/08- 04/05/2019 2,484.63 397 7140 Electricity 1033 ComEd 0575134020- 04/19 Electricity Service 03/05- 04/03/2019 140.61 398 7140 Electricity 1033 ComEd 0640144010- 04/19 Electricity Service 03/07- 04/05/2019 134.79 399 7140 Electricity 1033 ComEd 0762050019- 04/19 Electricity Service 03/08- 04/08/2019 32.46 400 7140 Electricity 1033 ComEd 2038128006- 04/19 Electricity Service 03/05- 04/03/2019 72.24 401 7140 Electricity 1033 ComEd 2148094073- 04/19 Electricity Service 03/08- 04/08/2019 119.12 402 7140 Electricity 1033 ComEd 3240002012- 04/19 Electricity Service 03/27- 04/25/2019 563.03 403 7140 Electricity 1033 ComEd 3461136053- 04/19 Electricity Service 03/06- 04/04/2019 29.85 404 7140 Electricity 1033 ComEd 3526009006- 04/19 Electricity Service 03/07- 04/05/2019 75.39 405 7140 Electricity 1033 ComEd 4995025051- 04/19 Electricity Service 03/06- 04/04/2019 31.79 406 7140 Electricity 1033 ComEd 5060090016- 04/19 Electricity Service 03/08- 04/08/2019 257.38 407 7140 Electricity 1033 ComEd 5814097012- 04/19 Electricity Service 03/07- 04/05/2019 30.83 408 7140 Electricity 1033 ComEd 6331089024- 04/19 Electricity Service 03/05- 04/03/2019 175.54 23,318.91 409 6000 Professional Services 6941 Stantec Consulting Services Inc 1491646 TO#5 SCADA & Com Systems Site Eval-12/17/2018- 03/01/2019 12,714.95 12,714.95 342,910.96 410 6015 Communication Services 1552 Verizon Wireless 9828123168 Communication Service 03/14- 04/13/2019 55.97 411 7000 Office Supplies 1644 Warehouse Direct Inc 4266711-0 Markers, Highlighters, Folders, Etc 69.39 125.36 343,036.32Total 500 - Water/Sewer Fund Total 00 - Non Departmental Department: 30 - Finance Total 30 - Finance Total 560 - Sewer Systems Division: 580 - CIP - Water/Sewer Total 580 - CIP - Water/Sewer Page 25 of 28 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 05/20/2019 Account 412 7060 Supplies - Parking Lots 1018 Anderson Lock Company LTD 1006855 Latchset - MetroSq Parking Deck 102.30 413 7140 Electricity 1033 ComEd 0354464001- 04/19 Electricity Service 03/08- 04/05/2019 2,045.71 414 7140 Electricity 1033 ComEd 2239082030- 04/19 Electricity Service 03/07- 04/05/2019 1,032.64 415 7140 Electricity 1033 ComEd 4722388001- 04/19 Electricity Service 03/08- 04/05/2019 21.58 416 7140 Electricity 1033 ComEd 4791127023- 04/19 Electricity Service 03/08- 04/05/2019 2,943.99 417 7140 Electricity 1033 ComEd 4974385007- 04/19 Electricity Service 03/12- 04/10/2019 26.11 418 7140 Electricity 1033 ComEd 5310303000- 04/19 Electricity Service 03/07- 04/05/2019 137.86 6,310.19 419 7140 Electricity 1033 ComEd 5310666002- 04/19 Electricity Service 03/07- 04/05/2019 1,260.15 420 7540 Land Lease 1165 Union Pacific Railroad Mar 2019 Parking Fees March 2019 3,028.72 4,288.87 421 6005 Legal Fees 3447 Holland & Knight LLP 5825736 3-19 Non-Retainer PSEBA Proceedings 826.00 826.00 422 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817678 3-19 Reimb Redevelopment 108.00 423 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817680 3-19 Reimb Redevelopment 4,007.00 424 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817681 3-19 Reimb Redevelopment 790.00 425 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817682 3-19 Reimb Redevelopment 3,253.50 426 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817683 3-19 Reimb Redevelopment 2,220.50 427 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817685 3-19 Reimb Redevelopment 79.00 428 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817739 3-19 Non-Retainer TIF #7 Matters 216.00 429 2493 Escrow - CED Development 3447 Holland & Knight LLP 5817739 3-19 Non-Retainer TIF #7 Matters 1,458.00 12,132.00 1,324,517.41 Fund: 700 - Escrow Fund Total 700 - Escrow Fund Grand Total Fund: 520 - Metra Leased Parking Fund Total 520 - Metra Leased Parking Fund Fund: 600 - Risk Management Fund Total 600 - Risk Management Fund Fund: 510 - City Owned Parking Fund Total 510 - City Owned Parking Fund Page 26 of 28 Line #Vendor Invoice Invoice Description Amount 1 6015 Communication Services 1032 Comcast 04/18/19 x6724 Internet/Cable Service May 2019 16.70 2 6015 Communication Services 1009 AT&T 708R06860004-19 Communication Service 03/16- 04/15/2019 473.20 489.90 489.90 3 6015 Communication Services 1032 Comcast 04/22/19 x6716 Internet/Cable Service May 2019 46.03 46.03 5 6015 Communication Services 1032 Comcast 04/11/19 x1141 Internet/Cable Service 04/18- 05/17/2019 249.85 6 6015 Communication Services 1032 Comcast 04/20/19 x6732 Internet/Cable Service May 2019 68.45 7 6015 Communication Services 1533 Wide Open West LLC 11526044Apr201 9A Internet/Cable Service x6044 04/21-05/20/2019 146.96 8 6015 Communication Services 1533 Wide Open West LLC 11526044Apr201 9B Internet/Cable Service x1245 04/21-05/20/2019 1,825.30 9 6015 Communication Services 1533 Wide Open West LLC 11526044Apr201 9C Internet/Cable Service x1246 04/21-05/20/2019 1,139.50 3,430.06 3,965.99 11 6195 Miscellaneous Contractual Services 6035 IL Dept of Natural Resources IDNR Lyman-1 Permit Fee for S Lyman Ave Roadway/Utility Imp Project 1,080.00 1,080.00 12 6015 Communication Services 1533 Wide Open West LLC 11526044Apr201 9D Internet/Cable Service x0573 04/21-05/20/2019 420.00 420.00 420.00 5,465.99Grand Total Fund: 500 - Water/Sewer Fund Division: 550 - Water Systems Total 550 - Water Systems Total 500 - Water/Sewer Fund Fund: 400 - Capital Projects Fund Total 400 - Capital Projects Fund Total 90 - Overhead Total 100 - General Fund Department: 90 - Overhead Department: 65 - Emergency Management Agency Total 65 - Emergency Management Agency Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Total 60 - Police Department City of Des Plaines Warrant Register 05/20/2019 Account Fund: 100 - General Fund Police Department Manual Payments Page 27 of 28 Amount Transfer Date Automated Accounts Payable 1,324,517.41$ **5/20/2019 Manual Checks 5,465.99$ **5/3/2019 Payroll 1,292,352.81$ 5/10/2019 -$ Electronic Transfer Activity: Bank of America Credit Card -$ Chicago Water Bill ACH -$ Postage Meter Direct Debits 12,394.07$ *5/8/2019 Utility Billing Refunds -$ First Merit Bank Fees -$ FEMA Buyouts -$ Debt Service -$ IMRF Payments 122,459.38$ 5/8/2019 Employee Medical Trust 635,969.97$ 5/1/2019 Total Cash Disbursements:3,393,159.63$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Twentieth Day of May 2019 Ayes ______ Nays _______ Absent _______ Jennifer L. Tsalapatanis, City Clerk Matthew J. Bogusz, Mayor City of Des Plaines Warrant Register 05/20/2019 Summary RHS Payout Page 28 of 28 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 14, 2019 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Director of Community and Economic Development Patrick Ainsworth, AICP, Economic Development Coordinator Subject: Consideration of a Major Variance for a proposed billboard at 2811 Mannheim Road Issue: The petitioner is requesting a variance (Major Variance) to reduce the required 300 foot setback to 127 feet from a billboard sign to a residentially zoned property line (ComEd property) in order to construct a new billboard at the southeast corner of the subject property under Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended. Analysis Case Number 19-011-V Address: 2811 Mannheim Road Petitioner: Daniel Dowd from Dowd, Dowd & Mertes, LTD, 701 Lee Street, Suite 790 Des Plaines, IL 60016 on behalf of Mike Scheid of Image Media Owner: Prominence Des Plaines LLC, 1375 Remington Rd, Suite E, Schaumburg, IL 60173 PINs: 09-33-300-001, -002, -003, -004, -005, -006, -007, -008, -009, 09-33-301-008, -014, and -015 Ward: #6, Alderman Malcolm Chester Existing Zoning: C-2, Limited Office District Surrounding Zoning: North: C-3, General Commercial District South: C-3, General Commercial District East: C-3, General Commercial District West: Commercial (Village of Rosemont) MEMORANDUM Page 1 of 29 Surrounding Land Use North: Commercial (banquet hall) South: Tollway; commercial development under construction East: Railroad; ComEd facility West: Commercial (hotel) Street Classification The Comprehensive Plan designates Mannheim Road as an arterial road and Pratt Avenue as a local road Comprehensive Plan Commercial is the recommended use of the property Project Description: The applicant, Mike Scheid of Image Media, is desirous to construct a second billboard on the property located at 2811 S. Mannheim Road. According to Code Section 12-11-6.B. of the Des Plaines Zoning Ordinance, all 12 billboard permits have been issued. Mr. Scheid subsequently applied for a text amendment (Case #18-101-TA) requesting to add a thirteenth allowable billboard permit within the City of Des Plaines. The Planning and Zoning Board recommended approval of the request and the case was then presented at the December 17, 2018 City Council Meeting. City Council approved the text amendment request on first reading; however, City Council requested the applicant to apply for a Major Variation from the 300 foot distance separation of the proposed billboard to the nearby residential property line (ComEd property) and bring the variance request for City Council to consider the same agenda as the second ordinance reading for the text amendment application. Hence, the applicant is now applying for a Major Variation from Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended, as the proposed billboard location will be within 300 feet of a residential lot line. Specifically, the applicant is requesting to reduce the 300 foot separation to the residential lot line down to 127 feet. The closest residential lot line is PIN 09-33-302-002 which is owned by ComEd. The closest lot line of a single family house to the proposed billboard is 316 feet (see Exhibit B). The proposed billboard meets all other zoning and location requirements which generally includes: - The proposed location must be on a lot zoned C-1, C-2, C-3, M-1 M-2 or M-3 (the subject site is currently zoned C-2) - The billboard must be within 660 feet of I-90 or I-294 - The proposed billboard must satisfy the spacing requirements of the Illinois Advertising Control Act - All third party government approvals must be obtained Additionally, the proposed billboard cannot exceed 1,200 square feet in area for each advertising face and cannot exceed 99 feet in height. Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. Page 2 of 29 1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: Please see the applicant’s response to the Standards for Variation approval. 2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, building, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Comment: Please see the applicant’s response to the Standards for Variation approval. 3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: Please see the applicant’s response to the Standards for Variation approval. 4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: Please see the applicant’s response to the Standards for Variation approval. 5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Comment: Please see the applicant’s response to the Standards for Variation approval. 6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: Please see the applicant’s response to the Standards for Variation approval. Planning and Zoning Board Review: The Planning and Zoning Board met on March 12, 2019 to consider the major variance to reduce the required 300 foot setback to 127 feet from a billboard sign to a residentially zoned property line (ComEd property) in order to construct a new billboard at the southeast corner of the subject property under Code Section 12-11- 6.B. of the 1998 Des Plaines Zoning Code, as amended. The petitioners presented the proposal of a new billboard to be located at the southeast corner of the subject property. He explained that the setback variance is due to the ComEd sub-station being zoned R-1 Single Family Residential. The closest distance from the billboard to the nearest single family house is 316 feet Page 3 of 29 away. If the ComEd property were rezoned to a commercial district then the variance request would not be required. He further explained that the proposed billboard may eventually be digital which technically reduces any light spillage since it is not externally illuminated. For a digital billboard there are light sensors that automatically dim the sign illumination. Three nearby residential property owners spoke at the meeting with the concerns of the existing sign is too bright, the lighting for the future billboard sign and providing adequate screening from the new billboard if the forested area goes away. The Planning and Zoning Board directed the petitioner to address each of the concerns. The petitioner stated that the subject site will be undergoing a development in the future which could further screen the billboards from the residences to the east. Additionally, when a static sign has a white background screen, it can increase the light spillage. The proposed billboard, whether static or digital, will contain the latest light baffling technology to screen lighting away from the residences. Moreover, the billboard will be angled away from the residences and angled strictly towards the highway. Lighting will be further reduced by the condition that is being placed on the staff report. The petitioner is willing to work with all of the residences to address their concerns including screening. The petitioner is also amendable to install evergreen trees along the eastern boundary lines to assist with blocking the view of the billboard from the adjacent residences. The Community and Economic Development Department recommended approval of the Major Variation to construct a new billboard sign subject the two conditions presented at the meeting in order to address the concerns raised by the nearby residents. Additionally the proposed billboard meets all other Zoning requirements except for the setback distance to the R-1 zoned ComEd property. The Planning and Zoning Board, after having heard and fully considering the evidence, recommended (5-0) that the City Council approve the request. Recommendation: I recommend approval of Ordinance Z-06-19 to approve a Major Variance to reduce the required 300 foot setback to 127 feet from a billboard sign to a residentially zoned property line (ComEd property) in order to construct a new billboard at the southeast corner of the subject property under Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended subject to the two conditions: 1. Light Spillage. At the time the Petitioner or its agent, successor, or assign submits and application for a billboard sign permit to the City, it will include a photometric plan establishing that the Proposed Sign will generate no more than one foot-candle of illumination measured at a distance of 200 feet. The photometric plan shall be accompanied by documentation (including schematics or cut sheets) for the light baffling technology that will be installed on the Proposed Sign to attain this maximum illumination level. The City’s Director of Community and Economic Development maintain jurisdiction over the Proposed Sign and may address any lighting concerns and administratively require adjustments to the baffles and lights shining onto the single family residences located to the east of the Subject Property. 2. Landscape Screening. At the time the Owner or an authorized developer submits a development proposal for the balance of the Subject Property, the Petitioner, Owner, and/or developer shall collaborate on and submit a landscape plan providing for the screening of the Proposed Sign by the planting and maintenance of dense evergreen trees along the eastern boundary of the Subject Property. City Council Procedure: The Des Plaines City Council may vote to recommend approval, approval with modifications, or disapproval for the Major Variation. Page 4 of 29 Attachments: Attachment 1: Petitioner’s Standards for Variance Responses Attachment 2: Site and Context Photos Attachment 3: Location Map Attachment 4: Artist Rendering of the Proposed Billboard through the ComEd Property Attachment 5: Planning and Zoning Board Chair Memorandum to Mayor and City Council Attachment 6: Draft Excerpt of the March 12, 2019 Planning and Zoning Board Meeting Minutes Ordinance Z-06-19 Exhibit A: Plat of Survey/Location Map of Proposed Billboard Exhibit B: Setback Exhibit Page 5 of 29 Attachment 1 Page 6 of 29 Attachment 1 Page 7 of 29 2811 Mannheim Road – Public Notice Central Avenue – Looking west towards billboard site 2811 Mannheim Road – Looking southeast 2811 Mannheim Road – Looking south at proposed billboard location A t t a c h m e n t 2 P a g e 8 o f 2 9 Ma n n h e i m R o a d Attachment 3 Page 9 of 29 A t t a c h m e n t 4 P a g e 1 0 o f 2 9 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org March 13, 2019 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, 2811 Mannheim Road, 19-010-PUD-CU, 6th Ward RE: Consideration of a Major Variance in order to construct a billboard at 2811 Mannheim Road Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on March 12, 2019 to consider a variance (Major Variance) to reduce the required 300 foot setback to 127 feet from a billboard sign to a residentially zoned property line (ComEd property) in order to construct a new billboard at the southeast corner of the subject property under Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended. 1. The petitioners presented the proposal of a new billboard to be located at the southeast corner of the subject property. He explained that the setback variance is due to the ComEd sub-station being zoned R-1 Single Family Residential. The closest distance from the billboard to the nearest single family house is 316 feet. If the ComEd property were rezoned to a commercial district then the variance request would not be required. He further explained that the proposed billboard may eventually be digital which technically reduces any light spillage since it is not externally illuminated. For a digital billboard there are light sensors that automatically dim the sign illumination. 2. Three nearby residential property owners spoke at the meeting with the following concerns: a. The existing sign is too bright. b. There are concerns about the lighting for the future billboard sign. c. Will there be adequate screening from the new billboard if the forested area goes away. 3. The Planning and Zoning Board directed the petitioner to address each of the concerns. His comments were as follows: a. The subject site will be undergoing a development in the future which could further screen the billboards from the residences to the east. Additionally, when a static sign has a white background screen, it can increase the light spillage. b. The proposed billboard, whether static or digital, will contain the latest light baffling technology to screen lighting away from the residences. Additionally, the billboard will be angled away from the residences and angled strictly towards the highway. Lighting will be further reduced by the condition that is being placed on the staff report. c. The petitioner is willing to work with all of the residences to address their concerns including screening. The petitioner is also amendable to install evergreen trees along the eastern boundary lines to assist with blocking the view of the billboard from the adjacent residences. 4. The Community and Economic Development Department recommended approval of the Major Variation to construct a new billboard sign subject the two conditions presented at the meeting in order to address the concerns raised by the nearby residents. Additionally the proposed billboard meets all Attachment 5 Page 11 of 29 other Zoning requirements except for the setback distance to the R-1 zoned ComEd property. 5. The Planning and Zoning Board recommended (5-0) that the City Council approval of the requests. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials/Aldermen Attachment 5 Page 12 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 13 A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to recommend approval to City Council with two Conditions as presented. AYES: Saletnik, Catalano, Hofherr, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation would be forwarded to City Council. Coordinator Ainsworth advised this petition would be on the April 1st City Council agenda. 3. Address: 2811 Mannheim Road Case 19-011-V The petitioner is requesting a variance (Major Variance) to reduce the required 300 foot setback to approximately 127 feet from a billboard sign to a residentially zoned property line (ComEd property) in order to construct a new billboard at the southeast corner of the subject property under Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended. PINs: 09-33-300-001, -002, -003, -004, -005, -006, -007, -008, -009, 09-33- 301-008, -014, and -015 Petitioner: Daniel Dowd from Dowd, Dowd & Mertes, LTD, 701 Lee Street, Suite 790 Des Plaines, IL 60016 Owner: Prominence Des Plaines LLC, 1375 Remington Rd, Suite E Schaumburg, IL 60173 Chairman Szabo swore in Daniel Dowd from Dowd, Dowd & Mertes, LTD, 701 Lee Street, Suite 790, Des Plaines, IL & Michael E. Scheid, Image Outdoor. Mr. Dowd advised a Text Amendment was addressed in November, 2018. He stated they have returned to obtain a variance; is zoned residentially. Nearest residential lot is 316 ft. away. The City intended for billboard development. Petitioner is working with the current developer to defray costs ($1 million will be contributed). Mr. Scheid described the aerial photograph. He advised they closed on the contract. Developer is seeking tenants. Due to high cost and being involved for 7 years, they have decided to participate. Mr. Scheid described the area, screening. Mr. Dowd displayed two exhibits. Mr. Scheid advised signs would be angled toward the highway. He showed an artist drawing; there would be no impact to residents. The Plat of Survey was displayed and explained. Mr. Scheid illustrated photos of the line-of-sight and an overview of nearby properties. The property was purchased (at $2.2 million). Attachment 6 Page 13 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 14 Board Member Hofherr asked: • if Petitioner is going to help remediate the problems on the property. Mr. Scheid advised – yes, in effect (and the soil conditions). • with the signs, what are the rental costs? Mr. Scheid stated he rents the sign space to advertisers. A range is $1,500-5,000 monthly. He cited an example and shared that some times during the year are slower than others. He reminded this has been a family business for 25 years. Chairman Szabo asked what businesses were there previously. Petitioner shared – an auto repair, etc. Chairman Szabo asked if anyone in the audience is in favor or opposed to the proposal. Three people who are opposed raised their hands. The following were sworn in and came forward: • David Witt 2861 Sycamore (in Des Plaines for 40 years) Mr. Witt provided pictures from his home. He advised the lighted signs are disruptive. He is not in favor of lighting up the whole neighborhood. Board Member Saletnik referred to Page 11 of 11. Petitioner also identified his home. Mr. Witt stated he would leave the photos as an exhibit. Board Member Catalano asked if the sign would be digital or static. Mr. Scheid stated it is designed to be static. He shared that the high buildings (4-5 stories) could block the lighting which is angled away from residents’ homes. Coordinator Ainsworth reminded Mr. Witt that he should direct comments to the PZB. • Bobby Marchetti 2845 Sycamore Mr. Marchetti stated he concurs with Mr. Witt (and lives next door to him). He noted it does light up the second story. There is a hotel going up, and staff or guests may not like the light either. Board Member Saletnik asked Mr. Marchetti if the lights are north or south. Mr. Marchetti stated – north. Coordinator Ainsworth suggested a light study be conducted (as a Condition) to ensure that the billboard lights will to be directed away from residents. Board Member Catalano asked about the billboard at Touhy & River Road. Coordinator Ainsworth believes those signs are turned off at a certain time; there is a mandate to reduce lighting at dusk for digital billboards, etc. Chairman Szabo asked if Board Member Catalano lives in this area. Mr. Catalano stated he does. Attachment 6 Page 14 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 15 • Anna Swiatek 2933 Sycamore Ms. Swiatek stated she appreciates what the Petitioner is doing. She advised 80-90% of her windows face the street; she is less than 75 ft. from the highway. Shrubbery may help. However, due to a recent robbery, culprits hide in the shrubs which are not maintained. She believe it will affect her property value and condition of living. This may not be the best place to have a sign as there are 3 or 4 currently. Board Member Saletnik asked about her residential lot. Board Member Schell likes the recommendation of a light study. He asked if a shrub policy could be instituted. Coordinator Ainsworth advised – this is ComEd property; he could reach out. Tall trees could be a Condition. Board Member Catalano asked if the 316 ft. from Ms. Swiatek’s house is the closest residence. Coordinator Ainsworth advised it is. Board Member Schell asked what the baffles do. Mr. Schied stated, on a static sign, the lighting is on the back. Digital signs are less impactful. Digital signs are internally illuminated which are less impactful as compared to static signs and their external lighting system. Mr. Scheid advised that this location is approved by IDOT & FAA via their permit processes. The hotel owner to the south is also a partner on the subject property. Mr. Scheid again illustrated the backs of digital signs (which don’t have lights on the back). He concurs that Ms. Swiatek’s home could be impacted more than others. Lighting shines to the west and the east. A baffle could be used to splay (prevent) the light from shining toward residents. A baffle could be constructed like a screen. He advised the sign Board Member Catalano referred to does have a light on it. Mr. Scheid stated they want to be a good corporate citizen. They are partners with the Villages of Broadview, Hillside, Franklin Park, Berkeley, etc. He shared they are contributing to communities to help develop properties. Mr. Scheid advised that residents living farther away were notified (for this meeting). He stated they would work with residents; could possibly contribute to trees for residents’ green space. It was clarified that the lights are in front of the sign (about 8 ft.); intensities are regulated. Board Member Saletnik asked, in reference to Mr. Witt’s photo, is the white bright light from the sign on Mannheim? Mr. Scheid advised – yes and identified the sign where the glare is coming from. Development could obstruct lighted signage for residents. They are prepared to install a baffle and could even turn the sign slightly (tighter angle). Chairman Szabo asked Staff when the redevelopment would happen. Coordinator Ainsworth stated this is part of TIF #7. He said that there might be a development proposal within 12 to 18 months. Attachment 6 Page 15 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 16 Board Member Hofherr commented/thanked: • most hotels use room-darkening window coverings • Petitioner for being amenable to sign adjustments Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting a variance (Major Variance) to reduce the required 300 foot setback to 127 feet from a billboard sign to a residentially zoned property line (ComEd property) in order to construct a new billboard at the southeast corner of the subject property under Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended. Analysis Case Number 19-011-V Address: 2811 Mannheim Road Petitioner: Daniel Dowd from Dowd, Dowd & Mertes, LTD, 701 Lee Street, Suite 790 Des Plaines, IL 60016 on behalf of Mike Scheid of Image Media Owner: Prominence Des Plaines LLC, 1375 Remington Rd, Suite E, Schaumburg, IL 60173 PINs: 09-33-300-001, -002, -003, -004, -005, -006, -007, -008, -009, 09-33-301-008, -014, and -015 Ward: #6, Alderman Malcolm Chester Existing Zoning: C-2, Limited Office District Surrounding Zoning: North: C-3, General Commercial District South: C-3, General Commercial District East: C-3, General Commercial District West: Commercial (Village of Rosemont) Surrounding Land Use North: Commercial (banquet hall) South: Tollway; commercial development under construction East: Railroad; ComEd facility West: Commercial (hotel) Street Classification The Comprehensive Plan designates Mannheim Road as an arterial road and Pratt Avenue as a local road. Comprehensive Plan Commercial is the recommended use of the property Attachment 6 Page 16 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 17 Project Description: The applicant, Mike Scheid of Image Media, is desirous to construct a second billboard on the property located at 2811 S. Mannheim Road. According to Code Section 12-11-6.B. of the Des Plaines Zoning Ordinance, all 12 billboard permits have been issued. Mr. Scheid subsequently applied for a text amendment (Case #18-101-TA) requesting to add a thirteenth allowable billboard permit within the City of Des Plaines. The Planning and Zoning Board recommended approval of the request and the case was then presented at the December 17, 2018 City Council Meeting. City Council approved the text amendment request on first reading; however, City Council requested the applicant to apply for a Major Variation from the 300 foot distance separation of the proposed billboard to the nearby residential property line (ComEd property) and bring the variance request for City Council to consider the same agenda as the second ordinance reading for the text amendment application. Hence, the applicant is now applying for a Major Variation from Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended, as the proposed billboard location will be within 300 feet of a residential lot line. Specifically, the applicant is requesting to reduce the 300 foot separation to the residential lot line down to 127 feet. The closest residential lot line is PIN 09- 33-302-002 which is owned by ComEd. The closest lot line of a single family house to the proposed billboard is 316 feet (see Attachment #4). The proposed billboard meets all other zoning and location requirements which generally includes: - The proposed location must be on a lot zoned C-1, C-2, C-3, M-1 M-2 or M-3 (the subject site is currently zoned C-2) - The billboard must be within 660 feet of I-90 or I-294 - The proposed billboard must satisfy the spacing requirements of the Illinois Advertising Control Act - All third party government approvals must be obtained Additionally, the proposed billboard cannot exceed 1,200 square feet in area for each advertising face and cannot exceed 99 feet in height. Attachment 6 Page 17 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 18 Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. 7. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: Please see the applicant’s response to the Standards for Variation approval. 8. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, building, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Comment: Please see the applicant’s response to the Standards for Variation approval. 9. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: Please see the applicant’s response to the Standards for Variation approval. 10. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: Please see the applicant’s response to the Standards for Variation approval. 11. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Comment: Please see the applicant’s response to the Standards for Variation approval. 12. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: Please see the applicant’s response to the Standards for Variation approval. Attachment 6 Page 18 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 19 Recommendation: I recommend approval of the Major Variance to reduce the required 300-foot setback to 127 feet from a billboard sign to a residentially zoned property line (ComEd property) in order to construct a new billboard at the southeast corner of the subject property under Code Section 12-11-6.B. of the 1998 Des Plaines Zoning Code, as amended. Planning and Zoning Board Procedure: Under Section 12-3-6.G.2 (Procedure for Review and Decision for Variations), 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 petition. The City Council has final authority over the proposal. Chairman Szabo asked how close two billboards can be. Mr. Scheid responded – 500 ft. apart; his signs would be 510 ft. apart. Coordinator Ainsworth drafted and read two potential Conditions: • That a photometrics plan be provided at time of permit as well as details on light baffle technology in order to reduce lighting to a level of one foot-candle at 200 feet from the light sources shining onto the adjacent single-family residences. The Director of Community and Economic Development shall have the authority to continue working with the petitioner on addressing any lighting concerns and administratively require adjustments to the baffles and lights shining onto the single-family residences. • A landscape plan shall be submitted at the time a development proposal comes forward for the subject property in which case dense evergreen trees shall be planted east of the base of the billboard sign so as to thoroughly screen the billboard from the single family residences. Board Member Catalano stated if this was a commercial development, there could not be lighting greater than one foot-candle toward residential properties. He asked if a zero foot- candle is achievable. Mr. Scheid stated – perhaps 200 ft. would be a compromise. He stated if it is a digital sign, the light splay would be less; he could provide studies. This doesn’t take into account the light splashing off of a sign; a reflection. They will try their best to curtail lighting toward residents. Coordinator Ainsworth noted a static or digital billboard should not be delineated – only a billboard at this point in the process. Board Member Schell asked Staff where trees would be planted. Coordinator Ainsworth advised the entire lot is under review. He stated a Condition could be added to place trees. This could be memorialized at time of development. Petitioner stated they don’t have control and cannot commit to landscaping on the entire parcel. Coordinator Ainsworth illustrated a photo of Evergreen shrubs that grew 25 ft. in a 12-year timeframe. Attachment 6 Page 19 of 29 Case #19-009-V 1428-1440 Lee Street – Variation Case #19-010-PUD-CU 1620 Higgins Road – Planned Unit Development Amendment Case 19-011-V 2811 Mannheim Road – Variance March 12, 2019 Page 20 Board Member Hofherr asked: • if the two properties (he identified) on Sycamore Street are owned by ComEd. Coordinator Ainsworth stated they are and explained same. • if City Staff could contact ComEd to request placement of trees. Coordinator Ainsworth advised – yes. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council with these two Conditions: • A photometrics plan be provided at time of permit as well as details on light baffle technology in order to reduce lighting to a level of one foot-candle at 200 feet from the light sources shining onto the adjacent single- family residences. The Director of Community and Economic Development shall have the authority to continue working with the petitioner on addressing any lighting concerns and administratively require adjustments to the baffles and lights shining onto the single-family residences. • A landscape plan shall be submitted at the time a development proposal comes forward for the subject property in which case dense evergreen trees shall be planted east of the base of the billboard sign so as to thoroughly screen the billboard from the single family residences. AYES: Hofherr, Catalano, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. Coordinator Ainsworth noted this would be an agenda item at the April 1st City Council meeting. ADJOURNMENT The next PZB meeting is scheduled for March 26, 2019. A motion was made by Board Member Schell, seconded by Board Member Catalano, to adjourn the meeting at 8:37 p.m. AYES: Schell, Catalano, Hofherr, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 6 Page 20 of 29 1 CITY OF DES PLAINES ORDINANCE Z - 06 - 19 AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 12-11-6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 2811 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #19-011-V). WHEREAS, Image Media Advertising Incorporated (“Petitioner”) submitted an application to the City of Des Plaines Department of Community and Economic Development ("Department") for a major variation from Section 12-11-6.B of the City of Des Plaines Zoning Ordinance of 1998, as amended (“Zoning Ordinance”) to allow a new billboard to be constructed closer than the minimum 300 foot setback from a residentially zoned parcel on that certain property commonly known as 2811 Mannheim Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is owned by Prominence Des Plaines, LLC, which has consented to the Petitioner's application; and WHEREAS, the Subject Property is located in the C-2 Limited Office District of the City (“C-2 District”); and WHEREAS, pursuant to Section 12-11-6.B of the Zoning Ordinance, billboards are permitted in the C-2 District, subject to the standards found in 12-11-6.B of the Zoning Ordinance, including a minimum setback of 300 feet from any residentially zoned property; and WHEREAS, the Petitioner proposes to install a billboard (“Proposed Sign”) on a portion of the Subject Property 127 feet from the nearest residentially zoned parcel, which houses a ComEd electric substation; and WHEREAS, the Petitioner submitted an application to the Department for a major variation from Section 12-11-6.B of the Zoning Ordinance to decrease the required setback from residentially zoned properties for the Proposed Sign from 300 feet to 127 feet (“Variation”); and WHEREAS, the Petitioner's application for the Variation was referred by the Department within 15 days after its receipt to the Planning and Zoning Board of the City of Des Plaines ("PZB"); and WHEREAS, within 90 days after the date of Petitioner's application, a public hearing was held by the PZB on March 12, 2019, pursuant to publication of notice in the Des Plaines Journal on February 20, 2019; and WHEREAS, notice of the public hearing was mailed to all owners of property located within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the PZB heard testimony and received evidence with respect to the Petitioner's application for the Variation; and Page 21 of 29 2 WHEREAS, on March 13, 2019, the PZB filed a written report with the City Council summarizing the testimony received by the PZB and stating that the PZB’s motion to recommend approval of the Variation passed by a vote of 5-0; and WHEREAS, the Petitioner made representations to the PZB with respect to the requested Variation, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting the Variation subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the PZB, the applicable standards set forth in the Zoning Ordinance, and the Staff Memorandum dated March 14, 2019, including its exhibits, which form part of the basis for this Ordinance; NOW THEREFORE BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting part of the factual basis for this Ordinance granting the Variation. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: PARCEL 1: PART OF LOTS 6, AND 9 AND A PART OF VACATED ALGER STREET IN RESUBDIVISION OF BLOCK 1 AND VACATED ALLEYS AND LOTS 15 TO 26, BOTH INCLUSIVE, AND VACATED ALLEYS IN BLOCK 2 OF BOESCH'S ADDITION TO ORCHARD PLACE, A SUBDIVISION OF THE NORTH 703.6 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT-OF-WAY AND GROUNDS OF THE WISCONSIN CENTRAL RAILROAD, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED OCTOBER 21, 1925, AS DOCUMENT NUMBER 9073142, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 9, SAID CORNER ALSO BEING THE INTERSECTION OF THE NORTHERLY LINE OF VACATED ALGER STREET WITH THE EAST LINE OF MANNHEIM ROAD; THENCE NORTH, ALONG THE WEST LINE OF SAID LOTS 9 AND 6 (ALSO THE EAST LINE OF SAID MANNHEIM ROAD) A DISTANCE OF 60.00 FEET; THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF 58.65 Page 22 of 29 3 FEET; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOTS 9 AND 6, A DISTANCE OF 96.69 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE ILLINOIS TOLL HIGHWAY COMMISSION EASEMENT RIGHT-OF-WAY; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 68.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY SIGN EASEMENT AGREEMENT DATED __ AND RECORDED __ AS DOCUMENT __ FROM PROMINENCE DES PLAINES, LLC TO IMAGE MEDIA ADVERTISING INCORPORATED FOR THE PURPOSE OF THE CONSTRICTION, MAINTENANCE, REPAIR, DISMANTLING, REPLACEMENT, ALTERATION, IMPROVEMENT, OPERATION, ILLUMINATION AND USE OF AN OUTDOOR ADVERTISING SIGN STRUCTURE OVER THE FOLLOWING DESCRIBED LAND: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD, NOW THE WISCONSIN CENTRAL LTD. RAILROAD (SAID WESTERLY RIGHT-OF-WAY LINE ALSO BEING THE EASTERLY LINE OF A STREET KNOWN AS ORCHARD PLACE) AND THE SOUTH LINE OF PRATT AVENUE, SAID SOUTH LINE BEING 33.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 33; THENCE SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD 484.66 FEET TO THE PLACE OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED HEREIN; THENCE CONTINUING SOUTHERLY, ALONG SAID WESTERLY RIGHT- OF-WAY LINE, 82.39 FEET TO A POINT ON THE NORTHEASTERLY LINE ON THE ILLINOIS TOLL HIGHWAY COMMISSION EASEMENT RIGHT- OF-WAY GRANTED BY DOCUMENT 17087956; THENCE SOUTHEASTERLY, ALONG SAID NORTHEASTERLY LINE 114.06 FEET TO A POINT ON A LINE WHICH IS 59.02 FEET WESTERLY OF AND PARALLEL WITH THE CENTER LINE OF SAID MAIN TRACK; THENCE NORTHERLY, ALONG SAID PARALLEL LINE, 85.84 FEET; THENCE NORTHWESTERLY A DISTANCE OF 111.58 FEET MORE OR LESS TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS DATED __ AND RECORDED __ AS Page 23 of 29 4 DOCUMENT __ FOR THE PURPOSE OF ACCESS AND UTILITIES OVER THE LAND DESCRIBED THEREIN. PINs: 09-33-300-001-0000; 09-33-300-002-0000; 09-33-300-003-0000; 09-33-300-004-0000; 09-33-300-005-0000; 09-33-300-006-0000: 09-33-300-007-0000; 09-33-300-008-0000; 09-33-300-009-0000; 09-33-301-008-0000; 09-33-301-014-0000; 09-33-301-015-0000 Commonly known as 2811 Mannheim Road, Des Plaines, Illinois. SECTION 3. VARIATION. The City Council finds that the 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 Variation is otherwise necessary and appropriate. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this Ordinance, the City Council hereby grants the Variation for the Subject Property to the Petitioner. SECTION 4. CONDITIONS. The Variation granted in Section 3 of this Ordinance shall be, and is expressly subject to and contingent upon the conditions, restrictions, and limitations set forth in this Section 4. A. Compliance with Plans. The development, use, and maintenance of the Proposed Sign on that portion of the Subject Property designated as “Parcel 2” shall be in strict compliance with the following plans, except for minor changes and site work approved by the Director of the Department of Community and Economic Development in accordance with applicable City codes, ordinances, and standards: 1. The ALTA/NSPS Land Title Survey, prepared by Zarko Sekeres & Associates, Inc., consisting of one sheet, and dated February 6, 2018, with a final revision date of December 28, 2018, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit A which depicted the permitted location of the Proposed Sign; and 2. The Setback Exhibit, prepared by City staff, consisting of one sheet, and prepared by City staff, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B. Page 24 of 29 5 B. Additional Conditions. The development, use, and maintenance of the Proposed Sign on the Subject Property shall be subject to and contingent upon compliance with the additional conditions as follows: 1. Light Spillage. At the time the Petitioner or its agent, successor, or assign submits and application for a billboard sign permit to the City, it will include a photometric plan establishing that the Proposed Sign will generate no more than one foot-candle of illumination measured at a distance of 200 feet. The photometric plan shall be accompanied by documentation (including schematics or cut sheets) for the light baffling technology that will be installed on the Proposed Sign to attain this maximum illumination level. The City’s Director of Community and Economic Development maintain jurisdiction over the Proposed Sign and may address any lighting concerns and administratively require adjustments to the baffles and lights shining onto the single family residences located to the east of the Subject Property. 2. Landscape Screening. At the time the Owner or an authorized developer submits a development proposal for the balance of the Subject Property, the Petitioner, Owner, and/or developer shall collaborate on and submit a landscape plan providing for the screening of the Proposed Sign by the planting and maintenance of dense evergreen trees along the eastern boundary of the Subject Property. SECTION 5. EFFECT. This Ordinance authorizes the use and development of the Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that any might conflict. The terms and conditions of this Ordinance shall be binding upon Petitioner, the Owner, and their respective grantees, assigns and successors in interest to the Subject Property. SECTION 6. LIMITATIONS. The 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 Variation if the Petitioner requests an extension in accordance with Section 12-3-6.L of the Zoning Ordinance. Page 25 of 29 6 SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law; provided, however, that this Ordinance shall not take effect unless and until a true and correct copy of this Ordinance is executed by the Owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance. Such execution shall take place within 60 days after the passage and approval of this Ordinance or within such extension of time as may be granted by the City Council by motion and delivered directly to the City Clerk. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] Page 26 of 29 7 PASSED this day of , 2019 APPROVED this day of , 2019. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2019. 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 Major Variation for Setback of Billboard at 2811 Mannheim Road Page 27 of 29 Exhibit A Page 28 of 29 Exhibit B Page 29 of 29 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: April 22, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Michael McMahon, Community and Economic Development Director Patrick Ainsworth, AICP, Economic Development Coordinator Subject: Resolution of a Class 6b Revocation – 521 Santa Rosa Drive (5th Ward) Issue: The City of Des Plaines Community and Economic Development Department is requesting the City Council approve a resolution that will start the revocation process of the Cook County Class 6b Property Tax Abatement for the property at 521 Santa Rosa Drive. The current building owner, Aero M&P Properties, LLC, has conducted work inside and outside of the subject building without a permit, razed part of the building without a permit, and illegally moved in businesses without proper licensing and parking accommodations. Analysis: The property at 521 Santa Rosa Drive received a Cook County 6b Resolution from the City of Des Plaines in 2015 (see Attachment #1). The applicant was the purchase contractor at the time and the submitted 6b application stated that the owner would invest $700,000 to improve an obsolete building as part of receiving the 6b. More specifically, the application stated that over $500,000 would be invested in the first three years. This investment has not been met. CED staff has attempted to work with the building owner for over 16 months to bring the property into compliance as there are several violations and activities that have taken place (see Attachment 2, a summary of all communication and actions by Code Enforcement, Economic Development and Business Licensing staff to bring the property into compliance). A summary of recent illegitimate activities is found below: 1.The property owner demolished a part of the building without a demolition permit from Cook County and the City of Des Plaines (see Attachment #3, photos); 2. The property owner paved nearly 20,000 square feet over green space without installing any required stormwater facilities, curb and gutter, and without obtaining an MWRD and City of Des Plaines permit (see Attachment #4, aerial photos comparing 2015 to 2018). 3.There are businesses located within the building that do not qualify for a 6b as per Code Section 74- 63 of the Cook County 6b “Real Estate used for industrial purposes” definition. a.Contractor-based businesses and auto repair do not qualify under “Industrial purposes”. The Cook County definition of “Real estate used for industrial purposes” is provided below for reference: MEMORANDUM Page 1 of 41 Real estate used for industrial purposes means any real estate used primarily in manufacturing, as defined in this Section, or in the extraction or processing of raw materials unserviceable in their natural state to create new physical products or materials, or in the processing of materials for recycling, or in the transportation or storage of raw materials or finished physical goods in the wholesale distribution of such materials or goods for sale or leasing. Inserting several businesses in this facility without the proper allocation of off-street parking has resulted in vehicles to be parked on other properties as well as Santa Rosa Drive. There is limited parking on Santa Rosa Drive for all businesses to share. Additionally, there are no Certificates of Occupancy for some of these businesses because they are illegally operating out of subject building. Certificates of Occupancy are required to ensure that the specific space is safe to occupy. Additionally, the applicant/building owner applied for a 6b to City Council claiming his business is a conveyer belt manufacturing and servicing business, but the 6b application that went to City Council never mentioned the owner has contracting and snow plow removal business that would be occupying a large portion of this building. 4.The submitted building permit application contained false information in the architectural drawings to lower the required parking count. For example, there were two auto repair companies located within the building, but the General Layout Plan shows these spaces marked as, “Warehouse”. Warehouse uses requires less parking than auto body repair uses (see Attachment #5). Additionally, vehicles being worked on are taking up the limited amount of off-street parking for the other tenants and employees. 5.The building owner consistently missed all deadlines to submit all proper information to bring the property into compliance with all applicable codes. Cook County’s Class 6b economic development tool is to be used to reinvest in obsolete industrial properties or to encourage new development by offering a real estate tax incentive. Qualified industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 11th year and 20% in the 12th year. Normally such properties are assessed at 25% of market value. According to the 2015 6b application, the property owner is supposed to be paying $126,499 a year in taxes, but the property owner has never paid this amount of taxes. Please see the chart below showing the property tax comparison. Proposed Property Taxes Property Tax Bill Year in 2015 Application Actual Taxes Paid 2018 (Estimated) $126,499 $60,334.99 2017 $126,499 $60,334.99 2016 $126,499 $90,311.40 As noted in the chart above, the property owner has paid approximately $168,515.62 less in the past three years as compared to the proposed taxes identified in the 2015 6b Application. Note, the assessed value of the property may have been lowered because the property owner took down part of the building (this work was completed without proper permits). Building permits issued by the City, with their associated construction values, are sent to the Township Assessor’s Office to help determine the equalized assessed values. Hence, without submitting for permit, the actual value of the building is never reported to the appropriate entities which keeps the taxes superficially low. Note, the property owner did submit revisions for the interior improvements and a separate retroactive permit for the exterior improvements on Friday, March 22, 2019. The revised drawings now identifies a ‘truck repair business’ that does not have proper business licensing. The property owner consistently missed deadlines as well as deadline extensions to apply for the required permits. He is also in court with Code Enforcement on conducting work to the property without proper permits. Page 2 of 41 Recommendation: I recommend that the City Council adopt Resolution R-80-19 to revoke the existing Class 6b for Aero M&P Properties, LLC. This resolution will be sent to the Cook County Assessor’s Office for review and action. Attachments: Attachment 1: City Council Packet Considering the Class 6b Request November 2, 2015 Attachment 2: Timeline of all CED staff interactions with Applicant Attachment 3: Photos of work done without permits Attachment 4: Aerial photos comparing the property in 2015 and 2018 Attachment 5: Parking Plan/Required Count and General Layout Plan dated November 15, 2018 Attachment 6: Resolution R-176-15 Signed Resolution R-80-19 Exhibit A: Legal Description Page 3 of 41 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: October 21, 2015 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager George Sakas, Director From: Lauren Pruss, Economic Development Coordinator Subject: Class 6B Resolution Request – 521 Santa Rosa Drive, Aero M&P Properties, LLC Issue: Aero M&P Properties, LLC, has filed an application requesting a City resolution in support of its Class 6B Tax Incentive application based on occupation of abandoned property for greater than twenty-four (24) months continuous vacancy with a purchase for value and substantial rehabilitation (Attachment 1). The applicant plans to rehabilitate the subject property and lease the site to Ampol Group International, Inc. for manufacturing purposes. Analysis: The subject property is a 2.05 acre site that is developed with a 50,248 square foot building. The subject property has been 100% vacant and unused since at least January 2009. Vacancy relief was granted for the property in 2007. As a result of this vacancy, the property has fallen into disrepair. In order for the property to be suitable for Ampol Group International, Inc., the applicant plans to spend approximately $700,000 for improvements to substantially rehabilitate the site over the next five years. Ampol group is a manufacturer of lifts, conveyors, dock plates, and roller systems for cargo industries such as Fed Ex, DHL, UPS, Walgreens, and related airport industries. Initially, the Ampol Group plans to begin operations at the new facility with fifteen employees that would transfer from their existing O’Hare facility. The applicant anticipates that the employee count would grow to approximately 20-25 full-time employees within the next three to five years. Cook County’s Class 6b economic development tool encourages industrial investment by offering a real estate tax incentive. 6b’s require a resolution of consent from municipalities. Qualified industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 11th year and 20% in the 12th year. Normally such properties are assessed at 25% of market value (Attachment 2). Assessment of Tax Impact Scenarios: 1.Estimate Property Taxes as-is with vacancy relief: $80,760 2.Estimated Property Taxes with proposed improvements with a 6b: $126,499 3.Estimated Property Taxes with proposed improvements without a 6b: $326,248 The applicant contends that they will not move forward with the purchase, lease and improvement of this property without a 6b. Therefore, scenario two is not a valid option, leaving scenario three generating the MEMORANDUM Attachment 1 Page 4 of 41 highest property tax revenue, employment, and other economic benefits. Recommendation: I recommend that the City Council adopt Resolution R-176-15 to support and consent to the filing of Aero M&P Properties, LLC Class 6b application to the Cook County Assessor’s Office. Attachments: Attachment 1: Resolution Request with Estimated Improvement Costs Attachment 2: Estimated Tax Projections Attachment 3: Resolution R-176-15 Attachment 1 Page 5 of 41 Attachment 1 Page 6 of 41 Attachment 1 Page 7 of 41 Attachment 1 Page 8 of 41 Attachment 1 Page 9 of 41 Attachment 1 Page 10 of 41 Attachment 1 Page 11 of 41 Attachment 1 Page 12 of 41 Attachment 1 Page 13 of 41 Attachment 1 Page 14 of 41 Attachment 1 Page 15 of 41 Attachment 1 Page 16 of 41 Attachment 1 Page 17 of 41 521 Santa Rosa Drive Des Plaines, Illinois (PIN: 09-31-200-013-0000) Estimated Taxes Based on: Tax year 2014 Tax Rate 2014 Multiplier Estimated Effective Tax Rate Estimated Market Value Based on the 2015 Cook County Board of Review Certified Market Value at Full Vacancy Asseem ent Level Without a Class 6b Estimated Assesed Value Without a Class 6b Estimated Tax Without a Class 6b 2016 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2017 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2018 10.86%2.7253 35.510%$909.270.00 25%$227,430.00 $80,760.39 2019 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2020 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2021 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2022 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2023 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2024 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2025 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2026 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 2027 10.86%2.7253 35.510%$909,720.00 25%$227,430.00 $80,760.39 $969,124.68 $413,118.12 Notes:_____________________________________________________________________________________________________________________________ Note 3:The above is based on the assumption that the Class 6b Tax Incentive for the subject property will be granted in 2016. Subject Property has Obtained Total Vacancy Reductions in its Property Taxes since 2007 Tax Year 2007 $114,234.66 Tax Year Taxes 2011 $53,522.95 Taxes Estimated Taxes without a Class 6b 2015 Cook County Assessor's Office First Pass Market with No Vacancy and $300,000.00 in improvements the 1st year, $100,000.00 in improvements for each of next four years Compared to Note 1: The 2014 Effective Tax Rate (the 2014 tax rate x the 2014 multiplier) was increased by 20% to account for a possible increase in the Effective Tax Rate. Please note that the Effective Tax Rate was only increased once, and does not account for increases per year in the Effective Tax Rate through tax year 2027. Property Tax Revenue Generated from the of the Property's Class 6b Tax Incentive: Note 2: The subject property's 2015 initial assesment was $743,863.00 based upon no vacancy reduction. It was reduced at the Cook County Assesor's Office to $227,430.00 to reflect full vacancy. For further explnation see correspondence of tax counsel attached hereto. 2012 $56,079.93 2013 $65,443.68 2014 Certificate Of Error Pending Cook County Board of Review's 2015 Certified Market Value which included a Reduction based on Total Vacancy,No Improvements and No class 6b Tax Incentive 2008 $116,997.69 2009 $45,273.17 2010 $52,680.85 The above estimates are speculative, and should be treated as such. Total Estimated Taxes (2016 to 2027) Attachment 1 Page 18 of 41 521 Santa Rosa Drive Des Plaines, Illinois (PIN: 09-31-200-013-0000) Tax Year Taxes 2011 2012 2013 2014 Estimated Taxes Based on: Cook County Board of Review's 2015 Certified Market Value without reduction for Vacancy, $700,000 Improvements over 5 years and No class 6b Tax Incentive Tax year 2014 Tax Rate 2014 Multiplier Estimated Effective Tax Rate Estimated Market Value Based on the 2015 Cook County Board of Review Certified Market Value at No Vacancy with $300,000 in improvements in the first year and $100,000 for each of next four years Asseement Level Without a Class 6b Estimated Assesed Value Without a Class 6b Estimated Tax Without a Class 6b Estimate Market Value Based on the 2015 Cook County Assesor's Office First Pass Market Value with No Vacancy and $300,000.00 in Improvements the 1st Year, $100,000 in Improvements for each of the next 4 years Year of Proposed New Incentive Assess ment Levels with a Class 6b Estimated Assedded Value With a Class 6b Estimated Taxes With a Class 6b 2016 10.86%2.7253 35.510%$2,975,452.00 25%$743,863.00 $264,145.75 $2,975,452.00 1st 10%$297,545.20 $105,658.30 2017 10.86%2.7253 35.510%$3,275,000.00 25%$818,750.00 $290,738.13 $3,275,000.00 2nd 10%$327,500.00 $116,295.25 2018 10.86%2.7253 35.510%$3,375,000.00 25%$843,750.00 $299,615.63 $3,375,000.00 3rd 10%$337,500.00 $119,846.25 2019 10.86%2.7253 35.510%$3,475,000.00 25%$868,750.00 $308,493.13 $3,475,000.00 4th 10%$347,500.00 $123, 397.25 2020 10.86%2.7253 35.510%$3,575,000.00 25%$893,750.00 $317,370.63 $3,575,000.00 5th 10%$357,500.00 $126,948.25 2021 10.86%2.7253 35.510%$3,675,000.00 25%$918,750.00 $326,248.13 $3,675,000.00 6th 10%$367,500.00 $130,499.25 2022 10.86%2.7253 35.510%$3,675,000.00 25%$918,750.00 $326,248.13 $3,675,000.00 7th 10%$367,500.00 $130,499.25 2023 10.86%2.7253 35.510%$3,675,000.00 25%$918,750.00 $326,248.13 $3,675,000.00 8th 10%$367,500.00 $130,499.25 2024 10.86%2.7253 35.510%$3,675,000.00 25%$918,750.00 $326,248.13 $3,675,000.00 9th 10%$367,500.00 $130,499.25 2025 10.86%2.7253 35.510%$3,675,000.00 25%$918,750.00 $326,248.13 $3,675,000.00 10th 10%$367.500.00 $130,499.25 2026 10.86%2.7253 35.510%$3,675,000.00 25%$918,750.00 $326,248.13 $3,675,000.00 11th 15%$367,500.00 $130,499.25 2027 10.86%2.7253 35.510%$3,675,000.00 25%$918,750.00 $326,248.13 $3,675,000.00 12th 20%$367,500.00 $130,499.25 $3,764,100.15 $1,382,242.80 Note 3:The above is based on the assumption that the Class 6b Tax Incentive for the subject property will be granted in 2016. Note 1: The 2014 Effective Tax Rate (the 2014 tax rate x the 2014 multiplier) was increased by 20% to account for a possible increase in the Effective Tax Rate. Please note that the Effective Tax Rate was only increased once, and does not account for increases per year in the Effective Tax Rate through tax year 2027. Note 2: The subject property's 2015 initial assesment was $743,863.00 based upon no vacancy reduction. It was reduced at the Cook County Assesor's Office to $227,430.00 to reflect full vacancy. For further explnation see correspondence of tax counsel attached hereto. Compared to 2015 Cook County Assessor's Office First Pass Market with No Vacancy and $50,000.00 in improvements the 1st year, $50,000.00 in improvements the 2nd year and $ $50,000.00 and $50,000.00 in improvements by the 5th Year. Notes:________________________________________________________________________________________________________________________________________________________ Certificate Of Error Pending $53,522.95 $56,079.93 $65,443.68 The above estimates are speculative, and should be treated as such. Subject Property has Obtained Total Vacancy Reductions in its Property Taxes since 2007 Tax Year 2007 2008 2009 2010 $114,234.66 $116,997.69 Total Estimated Taxes (2016 to 2027)Total Estimated Taxes (2016 to 2027) Estimated Taxes with a Class 6bEstimated Taxes without a Class 6b $45,273.17 $52,680.85 Taxes Attachment 1 Page 19 of 41 CITY OF DES PLAINES RESOLUTION R - 176 - 15 A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 521 SANTA ROSA DRIVE. WHEREAS, Aero M&P Properties, LLC ("Applicant"), is the contract purchaser of that certain property commonly known as 521 Santa Rosa Drive in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is an approximately 2.05 acre site with an approximately 50,248 square-foot building (“Building”) that has been vacant and unused since January 2009; and WHEREAS, the Applicant intends to acquire the Subject Property, substantially rehabilitate the Building ("Work"), and lease the Building to Ampol Group International, Inc., for manufacturing purposes (“Proposed Use”); and WHEREAS, the Applicant estimates the cost to complete the Work will be approximately $700,000; and WHEREAS, pursuant to Section 74-63 of the Cook County Real Property Assessment Classification Ordinance ("Classification Ordinance"), certain real property that is “abandoned property” pursuant to Section 74-62(b) of the Classification Ordinance and used primarily for industrial purposes may be classified as Class 6b, which temporarily reduces the property tax assessment in order to promote the construction of and rehabilitation of industrial facilities; and WHEREAS, the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property; and WHEREAS, if the Subject Property is classified as Class 6b, the Applicant will complete the Work and cause the Subject Property to be reoccupied for industrial purposes; and WHEREAS, the Applicant's use of the Subject Property will provide needed employment opportunities to residents of the City; 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: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Attachment 1 Page 20 of 41 Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Property is necessary for the rehabilitation and reoccupation of the Subject Property and completion of the Work; and (c) the Subject Property is abandoned for the purpose of Class 6b classification because it has been vacant for more than 24 months and will be purchased for value by the Applicant. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, but only if the Subject Property is used for the Proposed Use by Ampol Group International, Inc., or one of its affiliates or successors. SECTION 4: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Assessor. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2015. APPROVED this _____ day of _____________, 2015. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Supporting Class 6b Classification for 521 Santa Rosa Dr Aero M&P-Ampol #37422234_v2 Attachment 1 Page 21 of 41 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PART OF THE WEST 250 FEET (MEASURED AT RIGHT ANGLES) OF LOT 4 IN BAIRD AND WARNER’S O’HARE INDUSTRIAL PARK, BEING A SUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH LINE OF SANTA ROSA DRIVE AS RECORDED AS DOCUMENT NUMBER 19466917, IN COOK COUNTY, ILLINOIS. PIN: 09-31-200-013-0000 Commonly known as 521 Santa Rosa Drive in Des Plaines, Illinois. Attachment 1 Page 22 of 41 Community & Economic Development 1420 Miner Street, Des Plaines, IL 60016 P: 847.391.5380 | W: desplaines.org Timelines for 521 Santa Rosa Drive – Three timelines for: Economic Development and Zoning, Code Enforcement and Business Licensing Economic Development and Zoning January through June 2018 – CED Staff is tasked to start auditing 6b recipients to ensure that the subject buildings undergoing substantial rehabilitation are investing the dollars and obtaining proper permitting. Records for the property at 521 Santa Rosa Drive shows that the investment presented to City Council is not reflected in building permit information. January 18, 2018 – City Staff meets with property owner of 521 Santa Rosa to go over the lack of improvements conducted to the building as compared to the 6b application that went to City Council for approval. July 30, 2018 – Economic Development Coordinator sent out a follow up letter stating that no permit drawings have been submitted for the building improvements at 521 Santa Rosa Drive. August/September 2018 – Zoning staff receives business license applications for various businesses within the property, but since there are several businesses operating out of the same building, base information was requested in June 2018 for more information. Specifically, staff asks the property owner for a plat or survey, a list of all tenants and floor plans showing the floor area dedicated to each business and their activity details to determine the adequacy of on-site parking. October 2018 – Zoning staff denies two business licenses as the property owner allowed these businesses to move in without prior approvals and each user intensified the amount of parking that is needed. With the floor plans and information presented by the owner, staff determined that 51 off-street parking spaces are required and approximately 30 spaces are shown/provided on the property. Note, there are/were two auto repair businesses that were also parking inoperable vehicles on some of the required off-street parking spaces thus reducing the amount of available spaces and having other associated vehicles park on the street – there is no on-street parking allowed on Santa Rosa Drive. Additionally, staff discovered that an extensive portion of the property was paved in the front, side and rear yards without any MWRD or City permits or approvals by the property owner through photographic evidence. November 19, 2018 - Economic Development and Zoning, Code Enforcement and Business Licensing staff meet with the owner to go over specific items that have been occurring on this property without proper approvals and permits with the City which generally include: moving in businesses without obtaining approvals and Certificate of Occupancies, removing a portion of the building without obtaining a Cook County Demolition Permit and a City of Des Plaines Building Permit, expanded the parking lot without proper approvals and paved the front, side and rear yards of the building without proper approvals and permits from MWRD and the City of Des Plaines. November 26, 2018 – Director of Community and Economic Development sent out a follow up letter requesting two building permits be submitted to the City of Des Plaines, one permit for the interior and exterior building improvements showing both the work already without a permit and the future work to be conducted based on the improvements identified within the 6b and another permit for all exterior work that was done without a permit. Attachment 2 Page 23 of 41 December 5, 2018 – The property owner submits for a building permit, but the drawings contained inaccurate information based on the floor plans previously submitted to zoning staff. For example, the owner marked certain locations of the property as “storage” when in fact an auto repair business was operating out of the space marked, “storage” on the submitted permit drawings. December 24, 2018 – A several page review letter is sent to the applicant/property owner requesting several revisions to the architectural drawings. As identified in the review letter, all building permit applicants have 30 days to submit revisions to keep the permit active. January 2019 – No revisions received from the property owner. February 7, 2019 – CED Director sends a letter requesting that the building owner submit the requested revised drawings by February 21, 2019. February 21, 2019 – No revisions received from the property owner. March 2019 – CED staff starts working on 6b revocation as the property owner failed to apply for permits for demolishing part of the building, expanding the parking lot and paving the front, side and rear portions of the permit without submitting for permits and as several businesses moved into the subject spaces without proper Certificates of Occupancy. Code Enforcement October 2018 – Zoning staff discovers extensive work has been done to the property without any permits including: removing a portion of the building on the north elevation adjacent to a loading dock, removed green space and added paving all around the subject building. Photographic evidence is provided. Code Enforcement issues citation for property owner to appear in court to address these violations. December 6, 2018 – The citations are continued for two months as the property owner submitted for one of the two requested permits and stated that he will have permits and approvals by January 30, 2019. February 7, 2019 – Property owner appears in court to state that he will be applying for the parking lot permit in two weeks. No Permit was ever submitted. Business Licensing October 2015 – Property was purchased by Ampol Group International Inc. December 15, 2016 – Applications for the business registration for Ampol Group International Inc. and Busa Auto Body received and distributed. December 27, 2016– Email sent to both businesses for inspections required to continue processing the business registration requests. No response received. October 5, 2017 – Second email sent to both businesses for inspections required to continue processing the business registration requests. No response received. November 3, 2017 – Final email sent to both businesses for inspections required to continue processing the business registration requests. Attachment 2 Page 24 of 41 November 3, 2017– Monthly tax report received from the IL Department of Revenue. A new sales tax ID was issued to Car EFI Inc. at this location. A letter was sent requiring them to obtain the business registration certificate. January 18, 2018 – Zoning approved by Johanna Bye received for Ampol Group International Inc. and Busa Auto Body. Fire Prevention conducted the annual inspection on 5/9/2017 which passed. No additional inspection was required. February 2, 2018 – Business registration certificate issued to Ampol Group International Inc. only. May 10, 2018 – Application for Lakeshore Public Adjustors received and distributed. June 13, 2018 – Email sent to Peter Schultz by Johanna Bye requesting a list of tenants (current and proposed), square footage for each tenant, and site plan listing parking spaces to determine sufficient parking for all tenants and business operations. June 18, 2018 – Emailed manager of Ampol Group, Lorena Nunez, requesting confirmation that Busa Auto Body is a current tenant. Still no inspections have been conducted to process the business registration. No response. June 21, 2018 – Second email sent to Peter Schultz by Johanna Bye requesting a list of tenants (current and proposed), square footage for each tenant, and site plan listing parking spaces to determine sufficient parking for all tenants and business operations. 6/21/2018 – Email sent from License Division to Peter Schultz and Lakeshore Public Adjustors informing him the inspections cannot be conducted for his tenant until the information requested by Johanna Bye is remitted and approved. June 29, 2018– Citation issued to Car EFI Inc. for non-compliance of the business registration. July 24, 2018 – Final compliance email sent from License Division to Peter Schultz, Lorena Nunez and Lakeshore Public Adjustors requesting the information. August 15, 2018 – Received the application for business registration for Car EFI Inc. Email sent to all tenants (Ampol Group, Busa Auto Body, Lakeshore Public Adjustors & Car EFI) stating the landlord has failed to comply placing all businesses in violation of several municipal codes which may result in citations, denial of the requests pending and immediate closure of all businesses. August 18, 2018 – Email received from Yessenia Castellanos, Administrator for Ampol Group, requesting a meeting with staff to obtain information for compliance. September 4, 2018- October 1, 2018 – Several emails sent to Peter Schultz and Yessenia Castellanos requiring the information previously requested. No response. October 4, 2018 - $300 late compliance fine entered against Car EFI Inc. for the citation issued 6/29. Attachment 2 Page 25 of 41 October 15, 2018 – Email sent as a reply to all tenants that the landlord has remitted the site plan requirement which is in review. October 18, 2018 – Email sent to Peter Schultz from Johanna Bye requiring revisions to site plan. October 24, 2018 – After a staff meeting, it was determined the landlord has failed to comply with staff requests. A letter was sent to Lakeshore Public Adjustors and Car EFI Inc. denying the business registration requests and giving 60 days to cease business operations. A letter was sent to Ampol Group and Busa Auto Body stating due to the failure of compliance is a violation of the Business Registrations resulting in non- renewal of the 2019 business registrations and a cease business operations as of 1/1/2019. October 25, 2018 – During the posting of the 10/24 letters, inspector discovered another business, Carpathia Creation Agency. October 26, 2018– Letter was posted for Carpathia Creation Agency about illegally operating and 60 days to cease operations due to the premises not in compliance. November 20, 2018 – Letter sent to tenants extending the cease of operations to 1/24/19. November 26, 2018 – Letter sent to Peter Schultz from Mike McMahon detailing the outstanding issues. January 9, 2019 – Letter sent to one tenant extending the cease of operations to 3/25/2019 as a good faith measure for property owner to bring the entire property into compliance. Attachment 2 Page 26 of 41 Attachment 3 Page 27 of 41 Attachment 3 Page 28 of 41 A t t a c h m e n t 3 P a g e 2 9 o f 4 1 F r o n t Y a r d A r e a P a v e d O v e r Wi t h o u t P r o p e r P e r mi t s ( C i t y a n d MWR D )A t t a c h m e n t 3 P a g e 3 0 o f 4 1 2015 Photo - Area Paved Over Map created on March 25, 2019. © 2019 GIS Consortium and MGP Inc. All Rights Reserved. The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. Disclaimer: This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. 0 30 60ft GIS Consortium – MapOffice™ Attachment 4 Page 31 of 41 2018 Photo - 521 Santa Rosa Dr. Map created on March 25, 2019. © 2019 GIS Consortium and MGP Inc. All Rights Reserved. The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. Disclaimer: This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. 0 30 60ft GIS Consortium – MapOffice™ Attachment 4 Page 32 of 41 Attachment 5 Page 33 of 41 Attachment 5 Page 34 of 41 CITY OF DES PLAINES RESOLUTION R - 176 - 15 A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 521 SANTA ROSA DRIVE. WHEREAS, Aero M&P Properties, LLC ("Applicant"), is the contract purchaser of that certain property commonly known as 521 Santa Rosa Drive in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is an approximately 2.05 acre site with an approximately 50,248 square -foot building ("Building") that has been vacant and unused since January 2009; and WHEREAS, the Applicant intends to acquire the Subject Property, substantially rehabilitate the Building ("Work"), and lease the Building to Ampol Group International, Inc., for manufacturing purposes ("Proposed Use"); and WHEREAS, the Applicant estimates the cost to complete the Work will be approximately 700,000; and WHEREAS, pursuant to Section 74-63 of the Cook County Real Property Assessment Classification Ordinance ("Classification Ordinance"), certain real property that is "abandoned property" pursuant to Section 74-62(b) of the Classification Ordinance and used primarily for industrial purposes may be classified as Class 6b, which temporarily reduces the property tax assessment in order to promote the construction of and rehabilitation of industrial facilities; and WHEREAS, the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property; and WHEREAS, if the Subject Property is classified as Class 6b, the Applicant will complete the Work and cause the Subject Property to be reoccupied for industrial purposes; and WHEREAS, the Applicant's use of the Subject Property will provide needed employment opportunities to residents of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of tiie 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: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the 1 Attachment 6 Page 35 of 41 Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Property is necessary for the rehabilitation and reoccupation of the Subject Property and completion of the Work; and (c) the Subject Property is abandoned for the purpose of Class 6b classification because it has been vacant for more than 24 months and will be purchased for value by the Applicant. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, but only if the Subject Property is used for the Proposed Use by Ampol Group International, Inc., or one of its affiliates or successors. SECTION 4: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Assessor. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this a'day of 2015. APPROVED this day of ATT ESI: VOTE: AYES LT CLtet ERK y, 2015. NAYS 0 ABSENT Approv s to form: Peter M. Friedman, General Counsel DP -Resolution Supporting Class 6b Classification for 521 Santa Rosa Dr Aero M&P-Ampol 37422234_v2 Attachment 6 Page 36 of 41 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PART OF THE WEST 250 FEET (MEASURED AT RIGHT ANGLES) OF LOT 4 IN BAIRD AND WARNER'S O'HARE INDUSTRIAL PARK, BEING A SUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH LINE OF SANTA ROSA DRIVE AS RECORDED AS DOCUMENT NUMBER 19466917, IN COOK COUNTY, ILLINOIS. PIN: 09-31-200-013-0000 Commonly known as 521 Santa Rosa Drive in Des Plaines, Illinois. 3 Attachment 6 Page 37 of 41 CITY OF DES PLAINES RESOLUTION R - 80 - 19 A RESOLUTION REQUESTING THE REVOCATION AND CANCELLATION OF A CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 521 SANTA ROSA DRIVE. WHEREAS, on November 2, 2015, the Mayor and the City Council approved Resolution R-176-15 supporting and consenting to the approval of a Class 6b Classification for that certain property commonly known as 521 Santa Rosa Drive (“Subject Property”) pursuant to the Cook County Real Property Assessment Classification Ordinance (“Classification Ordinance”); and WHEREAS, the City Council made its recommendation in reliance on representations that Aero M&P Properties, LLC, the subsequent purchaser of the Subject Property (“Owner”), made regarding its intentions (i) to invest over $700,000 in improvements to the Subject Property and (ii) to lease the Subject Property to an affiliated entity that would use the Subject Property exclusively for the manufacture and repair of lifts and conveyor belts, an industrial purpose as defined in the Classification Ordinance; and WHEREAS, the Cook County Assessor’s Office applied a Class 6b Classification to the Subject Property commencing with the 2016 tax year; and WHEREAS, the Subject Property is legally described in Exhibit A attached to, and by this reference made a part of, this Resolution; and WHEREAS, in the interim period, the Owner has failed to make the promised improvements to the Subject Property as evidenced by the lack of permit applications submitted to the City and interior and exterior inspections of the Subject Property conducted by City staff; and WHEREAS, the Subject Property is currently and primarily occupied by commercial tenants whose businesses do not qualify as “industrial purposes” under the Classification Ordinance, including auto repair and snow plowing; and WHEREAS, the Subject Property is in continuing violation of multiple County and City ordinances including (i) demolition of a portion of the structure on the Subject Property in 2016 without a Cook County Demolition Permit; (ii) paving of an approximately 20,000 square foot portion of the Subject Property in 2016/2017 without an MWRD permit or the provision of stormwater facilities; (iii) multiple tenants conducting operations on the Subject Property without City issued certificates of occupancy or business licenses and in violation of the off-street parking requirements of the City’s Zoning Ordinance; (iii) misrepresentation by the Owner of the nature of tenant operations on a building permit application submitted on 2018; and (iv) has been in Administrative Adjudication with the City of Des Plaines Code Enforcement Department for conducting work with proper permitting. Page 38 of 41 WHEREAS, Section 74-73 of the Classification Ordinance allows for the revocation or cancellation of a Class 6b classification at the request of a host municipality by resolution duly adopted; and WHEREAS, Section 74-73 states that grounds for revocation or cancellation include, but are not limited to “inaccuracies or omissions” in applications and other documents submitted by the taxpayer in pursuit of the classification; and WHEREAS, the Mayor and the City Council have determined that it is in the best interest of the City and its residents to request the revocation and cancellation of the Class 6b Classification for the Property based on the findings set forth herein; 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: REQUEST TO REVOKE AND CANCEL CLASS 6b CLASSIFICATION. Pursuant to Section 74-73 of the Classification Ordinance, the City Council hereby requests that the Cook County Assessor revoke and cancel the Class 6b Classification for the Subject Property on the following grounds: A. The Owner has failed to complete and maintain the improvements to the Subject Property that it promised to construct as an inducement for the City’s initial support of the Class 6b Classification; B. The Subject Property is currently occupied and used primarily for commercial purposes that do not satisfy the Classification Ordinance’s definition of “industrial purposes”; and C. The Subject Property has been maintained and operated in violation of multiple Cook County and City of Des Plaines Ordinances. SECTION 3: DELIVERY. The City Clerk is hereby authorized and directed to transmit certified copies of this Resolution to the Development Incentives Department of the Office of the Cook County Assessor, the Board of Commissioners of Cook County, and the Owner. 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 39 of 41 PASSED this _____ day of ____________, 2019. APPROVED this _____ day of _____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel #66624213_v1 Page 40 of 41 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PART OF THE WEST 250 FEET (MEASURED AT RIGHT ANGLES) OF LOT 4 IN BAIRD AND WARNER’S O’HARE INDUSTRIAL PARK, BEING A SUBDIVISION IN THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH LINE OF SANTA ROSA DRIVE AS RECORDED AS DOCUMENT NUMBER 19466917, IN COOK COUNTY, ILLINOIS. PIN: 09-31-200-013-0000 Commonly known as 521 Santa Rosa Drive in Des Plaines, Illinois. Exhibit A Page 41 of 41 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: April 10, 2019 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Director of Community and Economic Development Jonathan Stytz, Planner Subject: Consideration of a rezoning from C-3 to R-4, Major Variances, and Conditional Use for Congregate Housing at 915 Lee Street, Case 19-014-CU-MAP-V (2nd Ward) Issue: The petitioner is requesting the following items: i) a Map Amendment under Section 12-3-7 to rezone the property from C-3 to R-4; ii.) two Variances under Section 12-3-6(G); and iii) a Conditional Use under Section 12-7-2(G)(3) of the 1998 Des Plaines Zoning Ordinance, as amended, and to operate a Congregate Housing Use in the R-4 zoning district. Analysis: Address: 915 Lee Street Owners: Jim Fetty, Emergency Nurses Association, 930 E. Woodfield Road, Schaumberg, IL 60173 Petitioner: Tom Leontios, 707 Sheridan Avenue, Highwood, IL 60045 Case Number: 19-014-CU-MAP-V Real Estate Index Number(s): 09-20-204-001-0000; -007 Ward: #2, Alderman Martin ‘Colt’ Moylan Existing Zoning: C-3 General Commercial Existing Land Use: Vacant (office building) Surrounding Zoning: North: C-5 General Business South: R-4 Central Core Residential East: R-4 Central Core Residential West: C-3 General Commercial / R-4 Central Core Residential MEMORANDUM Page 1 of 62 Surrounding Land Use: North: Commercial South: Multi-family housing East: Multi-family housing West: Commercial / Multi-family housing Street Classification: Lee Street is an arterial street, Thacker Street is a collector street, and Ashland Avenue is a local road. Comprehensive Plan: The Comprehensive Plan designates the site as Commercial. Project Description: The petitioner, Mr. Tom Leontios, is requesting a Map Amendment to rezone the property from C-3 to R-4, two Major Variations, and a Conditional Use to operate a Congregate Housing Use at 915 Lee Street. This property contains a two-story, 23,800 square foot building with a surface parking lot containing 82 off-street parking spaces. The petitioner proposes to transform the vacant building into a “hotel-style” retirement community as the end use is a senior independent living facility. The request includes retaining and renovating the existing two-story building and constructing a six-story addition off of the northeast corner of the existing building. The existing building will contain offices, a dining lounge, various recreation space, and communal amenities for residents while the new addition will consist of 100 independent retirement units including 52 one-bedroom units and 48 studio/efficiency units. The one-bedroom units will be 502 square- feet and the studio/efficiency units will be 454 square feet. Each unit will contain a private bathroom and kitchenette with a sink, cabinets, microwave, and mini-refrigerator. Meals will be provided to residents in a restaurant-style dining room and the facility will include a bistro and ice cream parlor for resident use. A variety of services will be offered to the residents including a spa and wellness center; indoor pool and fitness center; resident activities; clubs and group outings; beauty/barber shop; arts and crafts; music; and education seminars and lectures. A nurse will be available at scheduled times to conduct medical evaluations for residents. Additionally, the parking provided on-site meets the amount of parking required by the Zoning Ordinance. The proposed land use will require 50 off- street parking spaces for Congregate Housing Centers and 50 off-street spaces are currently provided including two (2) handicap spaces. Residents will have designated parking spaces in the parking area; Staff is recommending that a max of 25 parking spaces be designated for resident parking. The residents will have access to a concierge shuttle service as a transportation option since many residents do not drive. Note, on-site management will be provided on this site which will continuously monitor parking usage and assignment. The applicant is requesting two (2) variances given the existing conditions of the property and dimension conflicts between the geometric parking area and the required curb and gutter setback. One is relief from Section 12-7-2(J) requiring a 12-foot front yard setback and the second is relief from 12-9-6(D) requiring all curb and gutter sections to be setback at least 3.5-feet from the property line. Page 2 of 62 Compliance with the Comprehensive Plan The City of Des Plaines’ 2019 Comprehensive Plan. There are several parts of the current Comprehensive Plan that align with the proposed project. Those portions are as follows: •Encourage Aging-In-Place Strategies o “As of 2015, 40.2 percent of the Des Plaines population was age 50 or older, higher than the regional average of 31.4 percent. The City should be preparing its housing stock to accommodate older adults. By taking steps to help residents to age-in-place, Des Plaines will ensure that their community remains comfortable and safe for residents at all stages of life.” •Under Housing Vision Statement: o “Incoming or aging residents of Des Plaines will enjoy a wide range of housing options to meet their needs” •Under Housing – Diversifying the Housing Stock: o “Many aging residents prefer smaller, multifamily units to continue an independent lifestyle while minimizing the obligations that are associated with owning larger properties.” •Under Housing – Implementation Action: o Recommendation – “Ensure the City has several housing options to fit diverse needs.” Compliance with the City’s Strategic Plan, Focus 2022 The City’s current strategic plan lays out a clear vision for future economic development projects. The proposed project meets the goals and intent of the City’s Strategic Plan. Specifically, under Goal 1, Community Character, Strategy 3, Action 2, it states the following, “Encourage high quality housing for residents in all stages of life”. The proposed independent living community comes paired with a large amenity package including: a dining hall, scheduled games, activities and entertainment, concierge shuttle bus services and on-site nursing and medical assistance. Amendment Findings: Map Amendment requests are subject to the standards set forth in Section 12-3-7(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council: Comment: The Comprehensive Plan strives to provide a range of housing options, especially multi-unit residences, which would provide convenient access to shopping centers, civic uses, and open space. The subject property is located along the Lee Street Corridor situated in close proximity to downtown Des Plaines which provides residents with easy and convenient access to downtown amenities. B. The proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property: Comment: The subject property is surrounded by a mix of commercial and multi-unit residentially-zoned properties. However, the properties directly east, west, and south of the subject property are zoned R-4 Residential Core which are compatible with the proposed map amendment for the subject property. C. The proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property: Comment: There are adequate public facilities to enable the property to be rezoned to the R-4 Central Core Residential District. Page 3 of 62 D. The proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposal would improve the existing appearance and potentially the value of the property. The redevelopment of this property from a vacant office use to a multi-unit residence use will increase housing options in the downtown area as well as assist in the promotion of major commercial corridors such as Lee Street, Graceland Avenue, and downtown Des Plaines. E. The proposed amendment reflects responsible standards for development and growth: Comment: The proposal strives to meet and exceed the responsible standards required for development and growth. The redevelopment project will help provide “age-in-place” living options to Des Plaines residents as well as responsibly redevelop an under-utilized property. 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: Comment: Congregate Housing is a Conditional Use, as specified in Section 12-7-2(I) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the R-4 Central Core Residential District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the property is Congregate Housing. The Future Land Use Map found in the Comprehensive Plan designates this site as Commercial. This type of land use typically includes general commercial spaces with a variety of business sizes. Congregate Housing is a conditional use in both the C-3 General Commercial and R-4 Central Core Residential Districts, but would be better suited for the R-4 Central Core Residential District. The petitioner plans to renovate the existing two-story building while also adding a six-story addition to the east, both of which would provide additional high density multi-unit housing in close proximity to the downtown area. Moreover, the proposed development will add more age-in-place housing options for residents. 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 petitioner proposes to renovate the existing building and construct the addition utilizing comparable designs to the surrounding development. The existing building design will be altered from the current office appearance to reflect the appearance and functionality of a Congregate Housing use. The proposed site design will be harmonious with the surrounding multi-unit residential development in the area. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to redevelop the existing office building into a “hotel-style” retirement community building and provide a variety of services to its residents. The Conditional Use for Congregate Housing will be comparable to the surrounding multi-unit residential buildings and thus will not be hazardous or distributing to existing neighboring uses. Page 4 of 62 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 existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by 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 Congregate Housing Conditional Use will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property for all proposed operations. The proposed Conditional Use will not be detrimental to the economic well-being of the community but rather increase the housing base in this area for senior housing. 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 Congregate Housing Conditional Use operations will be conducted within the building with the exception of the outdoor seating area located along Lee Street on the west side of the building. A concierge shuttle service will be available to residents which will consolidate trip generation and reduce parking demand. In any respect, it is determined that there will not be any detriment to the public or to adjoining properties. 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 Congregate Housing Conditional Use will continue to provide adequate vehicular access to the site as the existing office use. The proposed parking area will be accessed via Thacker Street on the north elevation and Ashland Avenue on the south elevation similar to the existing use. The proposed Conditional Use will not interfere 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: Comment: The proposed Congregate Housing Conditional Use will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site were already developed and the petitioner is only proposing redevelopment of existing non-permeable surfaces and structures. A future building expansion will result in a new Conditional Use Application and require another public hearing. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Congregate Housing Conditional Use meets all other requirements of the Zoning Ordinance for the R-4 Central Core Residential District. However, the petitioner is requesting two variations beyond the Conditional Use Permit. Variation Findings: Variations are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: Page 5 of 62 A. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: The two variations requested by the petitioner are based out of necessity and would create an unnecessary hardship for the petitioner to comply with. The existing two-story building does not meet the front yard setback requirement but the new addition would comply with all zoning requirements. The site plan was designed to maximize the parking area to meet the parking requirements for the Congregate Housing Use. However, there is a direct dimension conflict between the geometric regulations for the parking area and the required curb and gutter setback from the property line. Therefore, the petitioner is unable to meet the required separation between the curb and gutter and the side lot line without the creation of a particular hardship. B. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Comment: The physical conditions of the existing site and current development contributes a particular hardship to the petitioner. The site fronts three separate streets and is accessed by two curb-cuts on the north and south portions of the property. The existing size and irregular-shape of the property limits the petitioner from meeting all setback requirements with the existing structure and proposed development. C. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: The owner did not create the unique physical conditions on the property but is looking to improve the property through the redevelopment proposal. The existing two-story building was present on site at the time of enactment of the provisions for which the variances are been sought. The issuance of these variances would allow the petitioner to improve the existing development on the site and provide additional housing options for the area while complying with all other requirements. D. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: Carrying out the strict letter of the provision would prevent the petitioner from improving the existing property through a redevelopment proposal. The existing property configuration contains unique characteristics that add particular hardships to the petitioner to comply with all applicable zoning requirements. The petitioner has worked with Staff and revised plans accordingly to meet or exceed all other requirements. E. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Comment: The granting of these two variations would not allow the petitioner to enjoy any special privilege, additional rights, or increased monetary gain. However, it would allow the petitioner to redevelop the property into a retirement community and provide more aging-in-place housing. Page 6 of 62 F. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: The variations would not result in any development that would not be harmonious with surrounding development or oppose the purposes of this title or the Comprehensive Plan. The petitioner is proposing to renovate and design the site to match surrounding residential development and make improvements as necessary to address any existing concerns. The Comprehensive Plan looks to promote development and redevelopment in Des Plaines, especially along major corridors and throughout the downtown area. This proposal would help satisfy that goal and promote additional development/redevelopment in the area. G. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot: Comment: The existing hardships cannot be remedied by the petitioner without the approval of the requested variations. The location of the existing two-story building does not meet the front yard setback requirement and cannot be avoided. The proposed parking area was repositioned to accommodate the number of parking spaces required but does not meet proper curb and gutter setback requirements due to geometric constraints. Consequently, both variations cannot be avoided to permit the proposed use of the subject lot. H. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title: Comment: The requested variations would provide the minimum amount of relief to the petitioner to alleviate the existing hardships on the site as the proposal meets all other requirements. Planning and Zoning Board Review: The Planning and Zoning Board met on April 9, 2019 to consider the proposal. consider a Map Amendment under Section 12-3-7 to rezone the property from C-3 to R-4; two Variances under Section 12-3-6(G); and a Conditional Use under Section 12-7-2(G)(3) of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Congregate Housing Use in the R-4 zoning district. The petitioners at 915 Lee Street presented the proposal for a “hotel-style” independent living retirement community. This request is classified as Congregate Housing in the zoning ordinance. The request includes retaining and renovating the existing two-story building and constructing a six-story addition off of the northeast corner of the existing building. The existing building will contain offices, a dining lounge, various recreation space, and communal amenities for residents while the new addition will consist of 100 independent retirement units including 52 one-bedroom units and 48 studio/efficiency units. The Planning and Zoning Board Members asked/discussed the following: if this facility would offer subsidized housing; the cost of a unit per month, the characteristics of each unit, parking space requirements, anticipated paramedic visits per day, resident qualifications, traffic concerns, and water and sanitary usage of the proposed development. The petitioner mentioned that they would not offer subsidized housing and would charge $3,800 per month per person which includes all meals, utilities, transportation, and recreational amenities. In regards to parking, the petitioner said that most of the residents do not drive and the facility would have a max of 25 employees on site. He also discussed that the facility may have up to three paramedic visits per week to address resident health concerns; however, the demand for an ambulance is less with an independent facility compared to an assisted living facility. He has talked with the Fire Department and discussed response call procedures. He explained that residents must meet certain criteria and that individuals that require additional medical treatments may be sent to alternative facilities. Staff explained that the Page 7 of 62 engineering drawings have considered the required capacity for the water lines and sanitary sewer services for this property. The Community and Economic Development Department recommended approval of the request with several conditions to ensure that there is little to no impact to the surrounding properties. For instance, there is a condition to limit resident parking to 50% of the total parking lot area to allow for adequate parking for employees and visitors. A photometric plan and landscape plan are required to provide adequate screening and minimize impacts on surrounding properties. The inner lanes of the three fronting streets will be milled and repaved to accommodate the proposed use and improve existing roadway infrastructure. Two residents from 900 Center Street came forward with concerns with the amount of parking available on the proposed site and throughout the surrounding area, especially on weekends with services held at a church nearby. A resident from 900 Lee Street asked about trip generation related to food delivery trucks, facility events, and facility visitors. The Planning and Zoning Board recommended (2-2-1 Abstain) that the City Council deny the requests. Recommendations: I recommend approval of Ordinance Z-11-19 consisting of a Map Amendment to rezone the property from C-3 to R-4, two Variances, and a Conditional Use to operate a Congregate Housing Use based on a 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), Section 12-3-7(E) (Standards for Amendments), and Section 12-3-6(H) (Standards for Variations) of the City of Des Plaines Zoning Ordinance, subject to the following conditions: Conditions of Approval: 1. The inner lanes of Ashland Avenue, Lee Street, and Thacker Street shall be milled and resurfaced for the length of each property line abutting the respective roadways to City specifications. 2. A Photometric Plan shall be provided at the time of building permit application to comply with Section 12-12-10 of the Zoning Ordinance. 3. A Landscape Plan shall be provided at the time of building permit application and evergreen shrubs shall be added along the entire length of the parking lot that faces Ashland Avenue. 4. The parking lot on the Subject Property shall be improved with curb and gutter as well as catch basins. 5. No more than 50 percent of the off-street parking spaces located on the Subject Property shall be reserved for residents of the Congregant Housing Center. Attachments: Attachment 1: Petitioner’s Project Narrative & Standards Attachment 2: Letter to City Council Attachment 3: Location Map Attachment 4: Site and Context Photos Attachment 5: Plat of Survey Attachment 6: Letter from Planning & Zoning Board Chairman to the Mayor and City Council Attachment 7: Draft Excerpt from the April 9, 2019 Planning and Zoning Board Meeting Z-11-19 Exhibit A: Concept Site Plan Exhibit B: Concept Floor Plans, Elevations, and Unit Layouts Exhibit C: Unconditional Agreement and Consent and Rezoning Covenant Page 8 of 62 Narrative Plum Creek of Des Plaines 915 Lee Street, Des Plaines, IL March 7, 2019 The proposed project is to be located at 915 Lee Street which is bounded on the south by Ashland Avenue and on the north by Thacker Street. The east property line adjoins the rear of a 5-story apartment building at 900 Center Street. The property measures 1.68 acres and is currently occupied by a two story, 23,800 sq ft office building that was previously occupied by the Emergency Nurses Association. The remainder of the property is devoted to parking. This project proposes to retain and renovate the existing building and construct a 6-story addition for use an independent living facility for seniors. The facility will include 100 apartments which will be a mix of 1-bedroom and efficiency units. The Efficiency units will measure about 454 sq ft and the 1-bedroom apartments will measure about 502 sq ft of livable area and the Each unit will include a private bathroom with shower. There will be a kitchenette with cabinets, sink, microwave and mini-refrigerator. The facility will provide meals in a restaurant style dining room which will be prepared in a commercial kitchen. There will also be a bistro and ice cream parlor. Services will be offered to the residents including spa and wellness services, indoor pool and fitness center, activities, clubs and group outings and concierge service. A nurse will be available during scheduled times for medical evaluation. The facility will include a beauty / barber shop, manicure and pedicure, arts and crafts, music, education seminars and lectures. The building will have a total of 112,462 square feet including an existing basement of 12,500 sq ft when completed. Common area services will be provided in the existing building. There will be 50 parking stalls provided on-site for residents and employees. Attachment 1 Page 9 of 62 A t t a c h m e n t 1 P a g e 1 0 o f 6 2 A t t a c h m e n t 1 P a g e 1 1 o f 6 2 A t t a c h m e n t 1 P a g e 1 2 o f 6 2 PLUM CREEK COMMUNITIES THE LIFESTYLE YOU HAVE BEEN WAITING FOR! April 25, 2019 City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Council Members, My name is Tom Leontios. I am the president of Plum Creek Communities. We opened our first facility to support the daily activities for seniors in Rolling Meadows, Illinois in 2006. Twelve years later we are looking to expand our footprint in the North West Suburban area. Des Plaines is a community that we feel is ideal for our organization to build and service a community that not only has a senior market but enjoys the benefits a community that has grown and aged. They raised a family, made friends, supported businesses, church and shopping and want to remain in their community. The location we have selected is 915 Lee Street. There is an existing building approximately 21,000 Sq. Ft that was used by the ENA as headquarters for 15 years. Our plan is to expand the footprint of the site by adding 100 rooms for a 55 and older age restricted dwelling with services such as three meals, housekeeping, laundry, wellness center, activities and transportation on demand. By developing the facility in the downtown service district allows residents to enjoy the vibrant shopping, entertainment and dining of the local business. Very often a facility is not positioned in such a location. My company is a local organization based in Rolling Meadows and will provide services and housing under Hotel Lifestyle product. We would be allowing seniors to continue living in their community. In the Des Plaines comprehensive plan as of 2015 40.2% of residents was 50 years or older, higher than the regional average. This would be a step to help residents age in place and allow residents to remain comfortable and safe at all stages of life. Attachment 2 Page 13 of 62 Incoming or aging residents of Des Plaines will enjoy a wide range of housing options to meet their needs. Many aging residents prefer smaller units to continue an independent lifestyle while minimizing the obligations that are associated with owning larger properties, we will provide an option to fit diverse needs. The goal of Des Plaines is to encourage high quality housing for residents in all stages of life. We have that goal as our mission. The proposed development community comes paired with a large amenity package including a dining hall, scheduled games, activities, entertainment, concierge, shuttle bus service and on- site nursing and medical assistance. We look forward to becoming part of, and be an active participant in the next chapter of individual’s lives but in the next chapter of Des Plaines. We welcome any and all members of the council to tour our existing Rolling Meadows facility. Thank you, Tom Leontios President 900 Oakmont Lane – Suite 350 – Westmont, IL 60559 Attachment 2 Page 14 of 62 Location Map - 915 Lee St. Map created on March 22, 2019. © 2019 GIS Consortium and MGP Inc. All Rights Reserved. The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. Disclaimer: This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. 0 100 200ft GIS Consortium – MapOffice™ Attachment 3 Page 15 of 62 915 Lee – Public Notice 2064 River – Looking North from Ashland Avenue 915 Lee – Looking Southeast at Front Building Facade 915 Lee – Looking Southwest at Rear Parking Lot A t t a c h m e n t 4 P a g e 1 6 o f 6 2 Attachment 5 P a g e 1 7 o f 6 2 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org April 10, 2019 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, 915 Lee Street, 19-014-CU-MAP-V, 2nd Ward RE: Consideration of a rezoning from C-3 to R-4, Major Variances, and Conditional Use for Congregate Housing at 915 Lee Street, Case 19-014-CU-MAP-V (2nd Ward) Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on April 9, 2019 to consider a Map Amendment under Section 12-3-7 to rezone the property from C-3 to R-4; two Variances under Section 12-3-6(H); and a Conditional Use under Section 12-7-3(F)(3) of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Congregate Housing Use in the R-4 zoning district. 1.The petitioners at 915 Lee Street presented the proposal for a “hotel-style” independent living retirement community. This request is classified as Congregate Housing in the zoning ordinance. The request includes retaining and renovating the existing two-story building and constructing a six-story addition off of the northeast corner of the existing building. The existing building will contain offices, a dining lounge, various recreation space, and communal amenities for residents while the new addition will consist of 100 independent retirement units including 52 one-bedroom units and 48 studio/efficiency units. 2.The Planning and Zoning Board Members asked/discussed the following: if this facility would offer subsidized housing; the cost of a unit per month, the characteristics of each unit, parking space requirements, anticipated paramedic visits per day, resident qualifications, traffic concerns, and water and sanitary usage of the proposed development. The petitioner mentioned that they would not offer subsidized housing and would charge rent at a rate of $3,800 per month per person which includes all meals, utilities, transportation, and recreational amenities. In regards to parking, the petitioner said that most of the residents do not drive and the facility would have a max of 25 employees on site. He also discussed that the facility may have up to three paramedic visits per week to address resident health concerns as this is an independent facility, not assisted living; he has talked with the Fire Department and discussed response call procedures. He explained that residents must meet certain criteria and that individuals that require additional medical treatments may be sent to alternative facilities. Staff explained that the engineering drawings have considered the required capacity for the water lines and sanitary sewer services for this property. 3.The Community and Economic Development Department recommended approval of the request with several conditions to ensure that there is little to no impact to the surrounding properties. For instance, there is a condition to limit resident parking to 50% of the total parking lot area to allow for adequate parking for employees and visitors. A photometric plan and landscape plan are required to provide adequate screening and minimize impacts on surrounding properties. The inner lanes of the three fronting streets will be milled and repaved to accommodate the proposed use and improve existing roadway infrastructure. Attachment 6 Page 18 of 62 4.Two residents from 900 Center Street came forward with concerns with the amount of parking available on the proposed site and throughout the surrounding area, especially on weekends with services held at a church nearby. A resident from 900 Lee Street asked about trip generation related to food delivery trucks, facility events, and facility visitors. 5.The Planning and Zoning Board recommended (2-2-1 Abstain) that the City Council deny the requests. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials/Aldermen Attachment 6 Page 19 of 62 DES PLAINES PLANNING AND ZONING BOARD MEETING APRIL 9, 2019 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, April 9, 2019, at 7 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:03 p.m. and read this evening’s case. Roll call was established. PRESENT: Bader, Fowler, Hofherr, Schell, Szabo ABSENT: Catalano & Saletnik ALSO PRESENT: Jonathan Stytz, Planner/Community & Economic Development Patrick Ainsworth, Coord., Devel. Mgr./Community & Economic Development Gale Cerabona/Recording Secretary APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Bader, to approve the minutes of March 26, 2019, with revisions on Page 3.c. and 9.c. to read as “any other hours”. AYES: Hofherr, Bader, Fowler, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** PUBLIC HEARING NEW BUSINESS Coordinator Ainsworth suggested opening the public hearing, and advised the Petitioner for Item #1 is requesting to continue this matter to April 23, 2019. 1.Address: 1065 Lee Street Case 19-007-CU The petitioner is requesting a Conditional Use Permit Amendment to Ordinance Z-16-01 under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, for the existing Motor Vehicle Sales and Auto Service Repair use in the C-3 General Commercial District allow for the sale of six (6) more automobiles on site for a total of ten (10) vehicles. Attachment 7 Page 20 of 62 PIN: 09-20-214-002-0000 Petitioner: Louis Capozzoli, 1484 Miner Street, Des Plaines, IL 60016 Owner: MD and SD, LLC, 15 N. Waverly Place, Mount Prospect, IL 60056 A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to move this case to the April 23, 2019, PZB Meeting. AYES: Hofherr, Fowler, Bader, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Coordinator Ainsworth addressed the audience stating this item is continued to the April 23, 2019, PZB Meeting. PUBLIC COMMENT There was no Public Comment. 2.Address: 915 Lee Street Case 19-014-CU-MAP-V The petitioner is requesting three items: i) an amendment to the Official Des Plaines Zoning Map, as amended, to reclassify the property from the C-3 General Commercial District to the R-4 Central Core Residential District; ii) a Conditional Use to operate a Congregate Housing establishment and iii) setback variation(s) for the building. PINs: 09-20-204-001-0000; 09-20-204-007-0000 Petitioner: Tom Leontios, 717 Sheridan Road, Highwood, IL 60040 Owner: Emergency Nurses Association, 915 Lee Street, Des Plaines, IL 60016 Chairman Szabo swore in Tom Leontios, Plum Creek Development, 717 Sheridan Road, Highwood, IL 60040 who distributed a brochure to the Board & Staff. He mentioned he owns and operates supportive and assisted-living communities in the area. Mr. Leontios offered a PowerPoint presentation: •Introduction (the current Plum Creek property in Rolling Meadows, built in 2006, was described as well as the upcoming community in Highwood); has longevity with employees; is family-owned •Site Plan (retain existing building) o 6-story wing for residents o Courtyard Attachment 7 Page 21 of 62 o Parking; met zoning requirements o Elevations were shown o Floor plans were illustrated (studios, one-bedroom) Mr. Leontios thanked Staff. He stated he is proud of the care and services they provide. The senior market wishes to live near their loved ones. Chairman Szabo asked if the Board has questions. Board Member Fowler asked: • if these units are subsidized by the government. Mr. Leontios advised – no. • at Plum Creek, is the resident’s rent subsidized. Mr. Leontios advised – no, residents are income-qualified. • what the rent range is. Mr. Leontios advised -- $3800 including meals • if other communities are in Markham and Rolling Meadows. Mr. Leontios stated – some are income-qualified (though Markham is not). • about parking. Coordinator Ainsworth expounded and stated requirements are met. Residents would not drive; there is a shuttle/van. He noted there are 36 staff for 100 people in Rolling Meadows. Coordinator Ainsworth reminded that staff at this community is managing the parking. Mr. Leontios stated there would be employee parking, visitor parking, etc. • how many residents at Plum Creek have vehicles. Mr. Leontios stated – 6 out of 106. Board Member Schell asked/stated: • how many paramedic visits there are daily. Mr. Leontios advised – 3-4 per week • there is a concern there will be a lot of paramedic calls; this is a niche industry. Coordinator Ainsworth explained past petitioner requests. He stated Des Plaines has an older population. • This is shocking if Des Plaines is housing people over 62; niche market. Coordinator Ainsworth further explained the market study indicates a need. Mr. Leontios noted this is not a niche market. He stated there are more pets than anything. There is everything in Des Plaines to accommodate seniors. Board Member Fowler asked: • how you accommodate residents when needs increase. Mr. Leontios stated – an evaluation process is conducted regularly; compliance is key. Some illnesses cannot be accommodated. • how long the length of stay is. Mr. Leontios stated – 38 months for residents who are socially active and may need services. Board Member Schell asked how many nurses are on duty. Mr. Leontios advised: • 1 9 a.m.-5 p.m. Monday-Friday • 1 9 a.m.-11 p.m. Saturday • CNAs are more plentiful Attachment 7 Page 22 of 62 Board Member Fowler asked/stated: • how couples are accommodated. Mr. Leontios advised – meals are $1,500 extra for the other spouse • she is still concerned about parking, as 62 to 65-year olds still drive. Mr. Leontios stated – in reality, the average age is 74-78 Chairman Szabo asked if the Board has further questions. Board Member Hofherr asked/identified: • about Fire Department requirements. Mr. Leontios stated – there have been discussions, and the policies are in line. Coordinator Ainsworth stated, like other developments, the Fire Department has reviewed the policies. • if the Fire Department will be overwhelmed. Coordinator Ainsworth agreed this is valid; he will pass comments along to Fire Department staff • about the water and sanitation impact. Mr. Leontios advised – there have been no concerns. Coordinator Ainsworth stated there is a Condition, and there are no issues for capacity. He stated engineers reviewed the project. Some developments (like Compass) increase water lines. • additional water obtained from other communities. Coordinator Ainsworth stated an engineering statement could be indicated for upcoming developments. • about a traffic study. Mr. Leontios stated – there will be no more than what the Emergency Nurses’ staff used • about storage areas. Mr. Leontios stated – there aren’t any • what the actual size of one-bedrooms is. Mr. Leontios advised – 10x15 (including kitchenette and bathroom); meets code • if units have bathtubs. Mr. Leontios stated – there would be one or two (on site). Coordinator Ainsworth stated showers have bench seats. Mr. Leontios stated seniors take showers as they may not be able to rise from a tub. • regarding a concierge shuttle service, is this based on other communities that you own? Mr. Leontios advised – yes • if there will be a charge (for shuttle service). Mr. Leontios advised – no Board Member Fowler asked: • if petitioner will not offer subsidies to residents. Mr. Leontios advised – no • why build in Des Plaines? Mr. Leontios stated – the Des Plaines market supports a private- pay model Chairman Szabo asked: • if the shuttle takes residents to doctor appointments. Mr. Leontios advised – yes • how many vans there will be. Mr. Leontios advised – two • if there is a schedule for shopping trips. Mr. Leontios advised – yes • if Plum Creek is the branding for all communities. Mr. Leontios advised – yes Attachment 7 Page 23 of 62 It was asked if Highwood is a Plum Creek community also. Mr. Leontios advised – yes Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting the following items: i) a Map Amendment under Section 12-3- 7; ii.) two Variances under Section 12-3-6(H); and iii) a Conditional Use under Section 12-7-3(F)(3) of the 1998 Des Plaines Zoning Ordinance, as amended, to rezone the property from C-3 to R-4 and to operate a Congregate Housing Use in the R-4 zoning district. Analysis: Address: 915 Lee Street Owners: Jim Fetty, Emergency Nurses Association, 930 E. Woodfield Road, Schaumburg, IL 60173 Petitioner: Tom Leontios, 707 Sheridan Avenue, Highwood, IL 60045 Case Number: 19-014-CU-MAP Real Estate Index Number: 09-20-204-001-0000 Ward: #2, Alderman John Robinson Existing Zoning: C-3 General Commercial Existing Land Use: Vacant (office building) Surrounding Zoning: North: C-5 General Business South: R-4 Central Core Residential East: R-4 Central Core Residential West: C-3 General Commercial / R-4 Central Core Residential Surrounding Land Use: North: Commercial South: Multi-family housing East: Multi-family housing West: Commercial / Multi-family housing Street Classification: Lee Street is an arterial street, Thacker Street is a collector street, and Ashland Avenue is a local road. Comprehensive Plan: The Comprehensive Plan designates the site as Commercial. Project Description: The petitioner, Mr. Tom Leontios, is requesting a Map Amendment to rezone the property from C-3 to R-4, two Major Attachment 7 Page 24 of 62 Variations, and a Conditional Use to operate a Congregate Housing Use at 915 Lee Street. This property contains a two- story, 23,800 square foot building with a surface parking lot containing 82 off-street parking spaces. The petitioner proposes to transform the vacant building into a “hotel-style” retirement community as the end use is a senior independent living facility. The request includes retaining and renovating the existing two- story building and constructing a six-story addition off of the northeast corner of the existing building. The existing building will contain offices, a dining lounge, various recreation space, and communal amenities for residents while the new addition will consist of 100 independent retirement units including 52 one- bedroom units and 48 studio/efficiency units. The one-bedroom units will be 502 square-feet and the studio/efficiency units will be 454 square feet. Each unit will contain a private bathroom and kitchenette with a sink, cabinets, microwave, and mini- refrigerator. Meals will be provided to residents in a restaurant- style dining room and the facility will include a bistro and ice cream parlor for resident use. A variety of services will be offered to the residents including a spa and wellness center; indoor pool and fitness center; resident activities; clubs and group outings; beauty/barber shop; arts and crafts; music; and education seminars and lectures. A nurse will be available at scheduled times to conduct medical evaluations for residents. Additionally, the parking provided on-site meets the amount of parking required by the Zoning Ordinance. The proposed land use will require 50 off-street parking spaces for Congregate Housing Centers and 50 off-street spaces are currently provided including two (2) handicap spaces. Residents will have designated parking spaces in the parking area; Staff is recommending that a max of 25 parking spaces be designated for resident parking. The residents will have access to a concierge shuttle service as a transportation option since many residents do not drive. The applicant is requesting two (2) variances given the existing conditions of the property and dimension conflicts between the geometric parking area and the required curb and gutter setback: i) relief from Section 12-7-2(J) requiring a 12-foot front yard Attachment 7 Page 25 of 62 setback and ii) relief from 12-9-6(D) requiring all curb and gutter sections to be setback at least 3.5-feet from the property line. Amendment Findings: Map Amendment requests are subject to the standards set forth in Section 12-3-7(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council: Comment: The Comprehensive Plan strives to provide a range of housing options, especially multi-unit residences, which would provide convenient access to shopping centers, civic uses, and open space. The subject property is located along the Lee Street Corridor situated in close proximity to downtown Des Plaines which provides residents with easy and convenient access to downtown amenities. B. The proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property: Comment: The subject property is surrounded by a mix of commercial and multi-unit residentially-zoned properties. However, the properties directly east, west, and south of the subject property are zoned R-4 Residential Core which are compatible with the proposed map amendment for the subject property. C. The proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property: Comment: There are adequate public facilities to enable the property to be rezoned to the R-4 Central Core Residential District. D. The proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposal would improve the existing appearance and potentially the value of the property. The redevelopment of this property from a vacant office use to a multi-unit residence use will increase housing options in the downtown area as well as assist in the promotion of major commercial corridors such as Lee Street, Graceland Avenue, and downtown Des Plaines. E. The proposed amendment reflects responsible standards for development and growth: Attachment 7 Page 26 of 62 Comment: The proposal strives to meet and exceed the responsible standards required for development and growth. The redevelopment project will help provide “age-in-place” living options to Des Plaines residents as well as responsibly redevelop an under-utilized property. 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: Comment: Congregate Housing is a Conditional Use, as specified in Section 12-7-2(I) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the R-4 Central Core Residential District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the property is Congregate Housing. The Future Land Use Map found in the Comprehensive Plan designates this site as Commercial. This type of land use typically includes general commercial spaces with a variety of business sizes. Congregate Housing is a conditional use in both the C-3 General Commercial and R-4 Central Core Residential Districts, but would be better suited for the R-4 Central Core Residential District. The petitioner plans to renovate the existing two-story building while also adding a six-story addition to the east, both of which would provide additional high density multi-unit housing in close proximity to the downtown area. Moreover, the proposed development will add more age-in-place housing options for residents. 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 petitioner proposes to renovate the existing building and construct the addition utilizing comparable designs to the surrounding development. The existing building design will be altered from the current office appearance to reflect the appearance and functionality of a Congregate Housing use. The proposed site design will be harmonious with the surrounding multi- unit residential development in the area. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to redevelop the existing office building into a “hotel-style” retirement community building and provide a variety of services to its residents. The Conditional Attachment 7 Page 27 of 62 Use for Congregate Housing will be comparable to the surrounding multi-unit residential buildings and thus will not be hazardous or distributing to existing neighboring uses. 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 existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by 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 Congregate Housing Conditional Use will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property for all proposed operations. The proposed Conditional Use will not be detrimental to the economic well-being of the community but rather increase the housing base in this area for senior housing. 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 Congregate Housing Conditional Use operations will be conducted within the building with the exception of the outdoor seating area located along Lee Street on the west side of the building. A concierge shuttle service will be available to residents which will consolidate trip generation and reduce parking demand. In any respect, it is determined that there will not be any detriment to the public or to adjoining properties. 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 Congregate Housing Conditional Use will continue to provide adequate vehicular access to the site as the existing office use. The proposed parking area will be accessed via Thacker Street on the north elevation and Ashland Avenue on the south elevation similar to the existing use. The proposed Conditional Use will not interfere with traffic on surrounding public thoroughfares. Attachment 7 Page 28 of 62 I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed Congregate Housing Conditional Use will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site were already developed and the petitioner is only proposing redevelopment of existing non- permeable surfaces and structures. A future building expansion will result in a new Conditional Use Application and require another public hearing. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Congregate Housing Conditional Use meets all other requirements of the Zoning Ordinance for the R-4 Central Core Residential District. However, the petitioner is requesting two variations beyond the Conditional Use Permit. Variation Findings: Variations are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: The two variations requested by the petitioner are based out of necessity and would create an unnecessary hardship for the petitioner to comply with. The existing two-story building does not meet the front yard setback requirement but the new addition would comply with all zoning requirements. The site plan was designed to maximize the parking area to meet the parking requirements for the Congregate Housing Use. However, there is a direct dimension conflict between the geometric regulations for the parking area and the required curb and gutter setback from the property line. Therefore, the petitioner is unable to meet the required separation between the curb and gutter and the side lot line without the creation of a particular hardship. B. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Attachment 7 Page 29 of 62 Comment: The physical conditions of the existing site and current development contributes a particular hardship to the petitioner. The site fronts three separate streets and is accessed by two curb-cuts on the north and south portions of the property. The existing size and irregular-shape of the property limits the petitioner from meeting all setback requirements with the existing structure and proposed development. C. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: The owner did not create the unique physical conditions on the property but is looking to improve the property through the redevelopment proposal. The existing two-story building was present on site at the time of enactment of the provisions for which the variances are been sought. The issuance of these variances would allow the petitioner to improve the existing development on the site and provide additional housing options for the area while complying with all other requirements. D. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: Carrying out the strict letter of the provision would prevent the petitioner from improving the existing property through a redevelopment proposal. The existing property configuration contains unique characteristics that add particular hardships to the petitioner to comply with all applicable zoning requirements. The petitioner has worked with Staff and revised plans accordingly to meet or exceed all other requirements. E. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Comment: The granting of these two variations would not allow the petitioner to enjoy any special privilege, additional rights, or increased monetary gain. However, it would allow the petitioner to redevelop the property into a retirement community and provide more aging-in-place housing. F. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Attachment 7 Page 30 of 62 Comment: The variations would not result in any development that would not be harmonious with surrounding development or oppose the purposes of this title or the Comprehensive Plan. The petitioner is proposing to renovate and design the site to match surrounding residential development and make improvements as necessary to address any existing concerns. The Comprehensive Plan looks to promote development and redevelopment in Des Plaines, especially along major corridors and throughout the downtown area. This proposal would help satisfy that goal and promote additional development/redevelopment in the area. G. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot: Comment: The existing hardships cannot be remedied by the petitioner without the approval of the requested variations. The location of the existing two-story building does not meet the front yard setback requirement and cannot be avoided. The proposed parking area was repositioned to accommodate the number of parking spaces required but does not meet proper curb and gutter setback requirements due to geometric constraints. Consequently, both variations cannot be avoided to permit the proposed use of the subject lot. H. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title: Comment: The requested variations would provide the minimum amount of relief to the petitioner to alleviate the existing hardships on the site as the proposal meets all other requirements. Recommendation: I recommend approval of a Map Amendment, two Variances, and a Conditional Use to rezone the property from C-3 to R-4 and to operate a Congregate Housing Use in the R-4 zoning district based on a 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), Section 12-3-7(E) (Standards for Amendments), and Section 12-3-6(H) (Standards for Variations) of the City of Des Plaines Zoning Ordinance, subject to the following conditions: Attachment 7 Page 31 of 62 Conditions of Approval: 1. The inner lanes of Ashland Avenue, Lee Street, and Thacker Street shall be milled and resurfaced for the length of each property line abutting the respective roadways. 2. A Photometric Plan shall be provided at time of building permit to comply with Zoning Ordinance Code Section 12-12-10. 3. A Landscape Plan shall be provided at time of building permit and evergreen shrubs shall be added along the entire length of the parking lot that faces Ashland Avenue. 4. The parking lot shall be improved with curb and gutter as well as catch basins. 5. No more than 50% of the off-street parking spaces shall be reserved for residents. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses), Section 12-3-6(F) (Procedure for Review and Decision for Standard Variations), Section 12-3-6(G) (Procedure for Review and Decision for Major Variations), and Section 12-3-7(D) (Procedure for Review and Decision for Amendments) 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 requests for a Congregate Housing use for the property at 915 Lee Street. The City Council has final authority on the proposal. Chairman Szabo asked if anyone in the audience is in favor or opposed to this petition. The following were sworn in: • Ken Kutella 900 Center Street Mr. Kutella stated he faces west, and advised there is no additional parking. When ENA was open, they took 80% of parking. Where will staff park? Coordinator Ainsworth stated – ENA moved out in July. The building will be dining space, etc. • Gary Clark 900 Lee Street (lived there for 15 years) Mr. Clark advised he has been a resident for 15 years and is a member of the association board. Regarding traffic and food deliveries, how will they be managed? Mr. Leontios advised – they are weekly. Mr. Clark quoted an article in the Pioneer Press stating local residents can participate at the Highwood community. Mr. Leontios advised – this community will not offer restaurant dining to outside local residents. Coordinator Ainsworth expounded that local residents may participate in tours, etc. Mr. Leontios stated – they may host a Pancake Breakfast for the community, have a Grand Opening, etc.; 1-2 events yearly. Coordinator Ainsworth stated coordination is happening for valet parking, etc. Attachment 7 Page 32 of 62 •Danny Rodriguez 900 Center Street (lived there for 18 years) Mr. Rodriguez stated parking is a concern. It is packed on Sunday mornings. This will bring congestion; too many people driving with cars. He noted other condo-unit parking is filled also as is street parking. Chairman Szabo asked if there are further questions. He asked if Petitioner is aware of the Conditions. Mr. Leontios advised – he is, and there are no issues. A motion was made by Board Member Hofherr, seconded by Board Member Schell, to deny the request. AYES: Hofherr, Schell NAYES: Bader, Szabo ABSTAIN: Fowler ***MOTION CARRIED 2-2*** Chairman Szabo stated a favorable recommendation would be submitted to City Council. 3.Address: Citywide Text Amendment Case 19-019-TA The City of Des Plaines is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Code, as amended: ) Section 12-3-5.C, Planned Unit Development, to clarify the permitted bulk regulations and minimum development standards; (ii) Section 12-7-2.J, Residential Districts Bulk Matrix, to add “Corner Side Yard”; (iii) 12-8-2, Fence Regulations, to add a regulation where no fencing can abut another fence and to acknowledge the corner side yard; (iv) Section 12-9-7, Off Street Parking Requirements, to amend “Warehousing and Wholesaling”, and add “Food Processing Establishment” and “Shopping Center” in the off-street parking requirements; (v) Section 12-9-9 to amend “Off Street Loading Requirements); (vi) Section 12-9-10 to add a new section entitled, “Permitted Land Bank Parking”; and (vii) Section 12-13-3, Definitions, to add definitions for “Yard, Corner Side”, “Shopping Center”, and to amend the definitions of “Floor Area”, “Yard, Rear” and “Yard, Front”. PIN: Citywide Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Attachment 7 Page 33 of 62 CITY OF DES PLAINES ORDINANCE Z - 11 - 19 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT, MAJOR VARIATIONS, AND A CONDITIONAL USE PERMIT FOR A CONGREGATE HOUSING CENTER AT 915 LEE STREET, DES PLAINES, ILLINOIS. (Case #19-014-CU-MAP-V). WHEREAS, Tom Leontois (“Petitioner”) is the contract purchaser of the property commonly known as 915 Lee Street, Des Plaines, Illinois (“Subject Property”); and WHEREAS, the Subject Property currently located in the C-3 General Commercial District (“C-3 District”); and WHEREAS, the Subject Property is currently improved with a two-story building (“Building”); and WHEREAS, Emergency Nurses Association (“Owner”) is the owner of the Subject Property, which has consented to the Petitioner's application; and WHEREAS, Petitioner desires to renovate the Building and construct a six-story addition to the northeast corner of the Building for the purpose of operating a senior independent living facility (“Congregate Housing Center”) on the Subject Property; and WHEREAS, pursuant to Section 12-7-3 of the Zoning Ordinance, Congregate Housing Centers are not permitted in the C-3 District; and WHEREAS, pursuant to Section 12-7-2.G of the Zoning Ordinance, the operation of a Congregate Housing Center is permitted in the R-4 Central Core Residential District (“R-4 District”), but only with a conditional use permit; and WHEREAS, pursuant to Sections 12-3-4, 12-3-6 and 12-3-7 of the Zoning Ordinance, the Petitioner, with consent from the Owner, filed 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 C-3 District to the R-4 District; (ii) major variations from Section 12-7-2.J of the Zoning Ordinance to allow a front yard setback of 8 feet, where a minimum of 12 feet is required and from Section 12-9-6.D of the Zoning Ordinance to allow a curb and gutter setback from the adjacent eastern property line of 1.5 feet, where a minimum of 3.5 feet is required (collectively, the “Proposed Variations”); and (iii) a conditional use permit for the operation of the Congregate Housing Center on the Subject Property (“Proposed Conditional Use Permit”) (collectively, (i) through (iii) are the “Requested Relief”); and Page 34 of 62 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 April 9, 2019, pursuant to publication in the Des Plaines Journal on March 20, 2019; 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 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 Sections 12-3-4, 12-3-6 and 12-3-7 of the Zoning Ordinance, the PZB filed a written report with the City Council on April 10, 2019, summarizing the testimony and evidence received by the PZB and stating its recommendation, by a vote of 2-2-1, to deny the Requested Relief; and WHEREAS, the Petitioner made representations to the PZB with respect to Requested Relief which representations are hereby found by the City Council to be material and upon which the City Council relies in approving the Requested Relief; and WHEREAS, the City Council has considered the written report of the PZB, the applicable standards for map amendments, major variations, and conditional use permit set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated April 10, 2019, and has determined that it is in the best interest of the City and the public to approve the Requested Relief 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 Requested Relief. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as: LOTS 39 TO 46, BOTH INCLUSIVE, TOGETHER WITH THE WEST 11 FEET OF THE NORTH AND SOUTH VACATED ALLEY 16 FEET IN WIDTH, Page 35 of 62 LYING SOUTH OF THE SOUTH LINE OF THACKER STREET, LYING NORTH OF THE NORTH LINE OF ASHLAND AVENUE AND LYING WEST OF AND ADJOINING LOTS 33 TO 38, BOTH INCLUSIVE, AND TOGETHER WITH THE EAST AND WEST VACATED ALLEY 14 FEET IN WIDTH, LYING SOUTH OF AND ADJOINING LOTS 39 TO 42, BOTH INCLUSIVE, AND LYING NORTH OF AND ADJOINING LOTS 43 TO 46, BOTH INCLUSIVE, ALL IN WILLIAM STILES’ SUBDIVISION OF LOTS 149 TO 157, BOTH INCLUSIVE, IN THE ORIGINAL TOWN OF RAND, BEING THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 16, PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17, THE NORTHEAST QUARTER OF SECTION 20 AND THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINC IPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ALSO: LOT 148 (EXCEPT THE SOUTH 33 FEET THEREOF CONVEYED BY SOPHIA COSTELLO TO THE VILLAGE OF DES PLAINES, ILLINOIS BY QUIT CLAIM DEED DATED SEPTEMBER 26, 1913 AND RECORDED OCTOBER 25, 1913 AS DOCUMENT NUMBER 5291829 AND RE- RECORDED NOVEMBER 19, 1913 AS DOCUMENT NUMBER 5308144), IN THE ORIGINAL TOWN OF RAND, BEING THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 16, PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17, THE NORTHEAST QUARTER OF SECTION 20 AND THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. EXCEPTING FROM THE LAND ABOVE, TAKEN AS A TRACT, THAT PART TAKEN BY THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS PURSUANT TO ORDERS ENTERED APRIL 18, 1991 AND AUGUST 15, 1991 IN CASE NO. 91L050068 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 148; THENCE NORTH 86 DEGREES 35 MINUTES 08 SECONDS EAST, BEARING BASED ON ILLINOIS STATE PLACE COORDINATES EAST ZONE, ALONG THE NORTH LINE OF SAID LOTS 148 AND 42, A DISTANCE OF 82.00 FEET; THENCE SOUTH 03 DEGREES 24 MINUTES 52 SECONDS EAST 5.00 FEET; THENCE SOUTH 86 DEGREES 35 MINUTES AND 08 SECONDS WEST 53.41 FEET; THENCE SOUTHWESTERLY 58.72 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 60.00 FEET THROUGH A CENTRAL ANGLE OF 56 DEGREES 04 MINUTES 39 SECONDS TO THE NORTHWESTERLY LINE OF SAID LOT 148; THENCE NORTH 30 DEGREES 30 MINUTES 28 SECONDS EAST Page 36 of 62 ALONG SAID NORTHWESTERLY LINE 37.98 FEET TO THE POINT OF BEGINNING. PINS: 09-20-204-001-0000; -007 Commonly known as 915 Lee Street, Des Plaines, Illinois. SECTION 3. APPROVAL OF PROPOSED MAP AMENDMENT. Subject to and contingent upon the conditions set forth in Section 6 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 C-3 District to the R-4 District. SECTION 4. APPROVAL PROPOSED VARIATIONS. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 6 of this Ordinance, the City Council hereby grants major variations from the following regulations set forth in Sections 12-7-2.J and 12-9-6.D of the Zoning Ordinance to allow: A. a front yard setback of 8 feet, where a minimum of 12 feet is required; and B. a curb and gutter setback from the adjacent eastern property line of 1.5 feet, where a minimum of 3.5 feet is required. SECTION 5. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 6 of this Ordinance, the City Council hereby grants the Petitioner the Conditional Use Permit to allow the operation of a Congregate Housing Center in the R-4 District 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 of the Illinois Municipal Code, 65 ILCS 5/11-13-25. Page 37 of 62 SECTION 6. CONDITIONS. The Proposed Map Amendment granted in Section 3 of this Ordinance, the Proposed Variations granted in Section 4 of this Ordinance, and the Proposed Conditional Use Permit granted in Section 5 of this Ordinance shall be, and are hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions of this Section 6: A.Compliance with Plans. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following 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 3.4-8, "Limitations on Conditional Uses," and 3.4-9, "Effect of Approval," of the Zoning Ordinance. 1.The Concept Site Plan, prepared by Gleason Architects, PC, consisting of one sheet, and dated March 13, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit A; and 2. The Concept Floor Plans, Elevations, and Unit Layouts, prepared by Gleason Architects, PC, consisting of eleven sheets, and dated March 13, 2019, copies of which are attached to and, by this reference, made a part of this Ordinance as Exhibit B. B.Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon compliance with the additional condition as follows: 1.The inner lanes of Ashland Avenue, Lee Street, and Thacker Street shall be milled and resurfaced for the length of each property line abutting the respective roadways to City specifications. 2.A Photometric Plan shall be provided at the time of building permit application to comply with Section 12-12-10 of the Zoning Ordinance. 3.A Landscape Plan shall be provided at the time of building permit application and evergreen shrubs shall be added along the entire length of the parking lot that faces Ashland Avenue. Page 38 of 62 4. The parking lot on the Subject Property shall be improved with curb and gutter as well as catch basins. 5. No more than 50 percent of the off-street parking spaces located on the Subject Property shall be reserved for residents of the Congregant Housing Center. 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 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 requirements of the Zoning Ordinance, or the conditions set forth in Section 6 of this Ordinance, the Proposed Variations granted in Section 4 of this Ordinance and the Conditional Use Permit granted in Section 5 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 Proposed Variations, 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 Page 39 of 62 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. This Ordinance shall be in full force and effect from and after the occurrence of the following: A. its passage, approval and publication in pamphlet form as provided by law; B. the filing with the City Clerk by the Petitioner, not less than 60 days after the passage and approval of this Ordinance, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. 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 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 40 of 62 PASSED this _______ day of _______________, 2019. APPROVED this _________ day of ____________, 2019. VOTE: AYES ________ NAYS _________ ABSENT ________ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: _______ day of __________________, 2019. CITY CLERK Peter M. Friedman, General Counsel DP-Ordinance Approving Map Amendment, Major Variations and CUP for 915 Lee St - Congregate Housing Center Page 41 of 62 EXHIBIT A CONCEPT SITE PLAN Page 42 of 62 EXHIBIT B CONCEPT FLOOR PLANS, ELEVATIONS, AND UNIT LAYOUTS Page 43 of 62 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT AND REZONING COVENANT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, Tom Leontios (“Petitioner”) applied to the City of Des Plaines 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 C-3 District to the R-4 District; (ii) major variations from Section 12-7-2.J of the Zoning Ordinance to allow a front yard setback of 8.0 feet, where a minimum of 12 feet is required and from Section 12-9-6.D of the Zoning Ordinance to allow a curb and gutter setback from the adjacent eastern property line of 1.5 feet, where a minimum of 3.5 feet is required (collectively, the “Proposed Variations”); and (iii) a conditional use permit for the operation of a Congregate Housing Center on the Subject Property (“Proposed Conditional Use Permit”) (collectively (i) through (iii) are the “Requested Relief”); and WHEREAS, Ordinance No. Z-11-19 adopted by the City Council of the City of Des Plaines on __________________, 2019 ("Ordinance"), grants approval of the Requested Relief, subject to certain conditions; and WHEREAS, Petitioner desires 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 its consent to recording the Ordinance and this Unconditional Agreement and Consent against the Subject Property; NOW, THEREFORE, Petitioner does hereby agree and covenant as follows: 1.Petitioner hereby unconditionally agrees to accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z- 11-19, adopted by the City Council on , 2019. 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, 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. Page 44 of 62 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: TOM LEONTIOS By:______________________________ B y:_____________________________ SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2019. Notary Public Page 45 of 62 RESIDENTLAUNDRY ATTENDANT PHYSICALTHERAPY EXAM STORAGE RECORDS WAITING CLINIC MULTI-PURPOSE ADMINISTRATION OFFICE OFFICE OFFICE OFFICE NURSESOFFICE KITCHEN SERVICE STORAGE RECEIVING STORAGE WOMEN MEN DIETITIAN RECEPTION LOBBY ICE CREAMPARLOR DINING LIVING AREA M.E.P. OFFICE OFFICE M.E.P. STAIR # 1 STAIR # 2 OFFICE GLEASON ARCHITECTS, P.C. 915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PLAINES 769 Heartland Drive, Unit A Sugar Grove, Illinois Phone: 630-466-8740 Fax: 630-466-8760 SCALE: CONCEPT SITE PLAN 1" = 40' Exhibit A Page 46 of 62 R E S I D E N T L A U N D R Y M . E . P . S T A I R # 1 S T A I R # 2 R E S I D E N T L A U N D R Y A T T E N D A N T P H Y S I C A L T H E R A P Y E X A M S T O R A G E R E C O R D S W A I T I N G C L I N I C M U L T I - P U R P O S E A D M I N I S T R A T I O N O F F I C E O F F I C E O F F I C E O F F I C E N U R S E S O F F I C E K I T C H E N SERVICE STORAGERECEIVINGSTORAGE W O M E N M E N D I E T I T I A N R E C E P T I O N L O B B Y ICE CREAMPARLORDINING L I V I N G A R E A M . E . P . O F F I C E O F F I C E M . E . P . S T A I R # 1 S T A I R # 2 O F F I C E S C A L E : C O N C E P T F I R S T F L O O R P L A N 1 / 3 2 " = 1 ' - 0 " GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760Exhibit B P a g e 4 7 o f 6 2 G A M E R O O M L O U N G E L I B R A R Y O F F I C E S A L O N A R T S A N D C R A F T S S T O R A G E W O M E N M E N C O U N T R Y S T O R E FACILITYLAUNDRY STORAGE STORAGE STORAGE T H E A T E R O P E N T O B E L O W R E S I D E N T L A U N D R Y A T T E N D A N T M . E . P . M . E . P . S T A I R # 2 S C A L E : C O N C E P T S E C O N D F L O O R P L A N 1 / 3 2 " = 1 ' - 0 " GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760Exhibit B P a g e 4 8 o f 6 2 FACILITY MAINTENANCE RESIDENT STORAGE RESIDENT STORAGE RESIDENT STORAGE THERAPY POOL WOMEN MEN THERAPY SPA GLEASON ARCHITECTS, P.C. 915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PLAINES 769 Heartland Drive, Unit A Sugar Grove, Illinois Phone: 630-466-8740 Fax: 630-466-8760 SCALE: CONCEPT BASEMENT FLOOR PLAN 1/16" = 1'-0" Exhibit B Page 49 of 62 R E S I D E N T L A U N D R Y M . E . P . S T A I R # 1 S T A I R # 2 S C A L E : C O N C E P T T H I R D F L O O R P L A N 1 / 3 2 " = 1 ' - 0 " GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760Exhibit B P a g e 5 0 o f 6 2 R E S I D E N T L A U N D R Y M . E . P . S T A I R # 1 S T A I R # 2 S C A L E : C O N C E P T F O U R T H F L O O R P L A N 1 / 3 2 " = 1 ' - 0 " GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760Exhibit B P a g e 5 1 o f 6 2 R E S I D E N T L A U N D R Y M . E . P . S T A I R # 1 S T A I R # 2 S C A L E : C O N C E P T F I F T H F L O O R P L A N 1 / 3 2 " = 1 ' - 0 " GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760Exhibit B P a g e 5 2 o f 6 2 R E S I D E N T L A U N D R Y M . E . P . S T A I R # 1 S T A I R # 2 S C A L E : C O N C E P T S I X T H F L O O R P L A N 1 / 3 2 " = 1 ' - 0 " GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760Exhibit B P a g e 5 3 o f 6 2 7 2 ' - 5 3 / 4 " METAL COPING AND FASCIA FIBER CEMENT PANELS FIBER CEMENT PANELS METAL LOUVERED SUNSHADE INSULATED VINYL WINDOW UNITUTILITY SIZE BRICK (COLOR 2) UTILITY SIZE BRICK (COLOR 1) PTAC LOUVER UTILITY SIZE BRICK (COLOR 2) STONE BASE (TYP.) METAL COPING AND FASCIA FIN. FIRST FLOOR 100'-0" FIN. SECOND FLOOR 110'-10 5/8" FIN. THIRD FLOOR 121'-9 1/4" GRADE 98'-6" FIN. FOURTH FLOOR 132'-7 7/8" FIN. FIFTH FLOOR 143'-6 1/2" TRUSS BEARING 166'-0 1/4" T.O. PARAPET 170'-11 3/4" FIN. SIXTH FLOOR 154'-5 1/8" EAST ELEVATION SCALE:1/16" = 1'-0" PRELIMINARY SCHEMATIC DESIGN. COPYRIGHT 2018 GLEASON ARCHITECTS, P.C. DATE:4-29-19 JOB NUMBER:18-039 GLEASON ARCHITECTS, P.C. 915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PLAINES 769 Heartland Drive, Unit A Sugar Grove, Illinois Phone: 630-466-8740 Fax: 630-466-8760 Exhibit B Page 54 of 62 FIN. FIRST FLOOR 100'-0" FIN. SECOND FLOOR 110'-10 5/8" FIN. THIRD FLOOR 121'-9 1/4" GRADE 98'-6" T.O. PARAPET 167'-1 3/4" FIN. FOURTH FLOOR 132'-7 7/8" FIN. FIFTH FLOOR 143'-6 1/2" TRUSS BEARING 166'-0 1/4" T.O. PARAPET 170'-11 3/4" FIN. SIXTH FLOOR 154'-5 1/8" METAL COPING AND FASCIA FIBER CEMENT PANELS METAL LOUVERED SUNSHADE INSULATED VINYL WINDOW UNIT UTILITY SIZE BRICK (COLOR 2) UTILITY SIZE BRICK (COLOR 1) PTAC LOUVER STONE BASE (TYP.) METAL COPING AND FASCIA EXISTING BUILDING FIBER CEMENT PANELS STONE SILLS NORTH ELEVATION PRELIMINARY SCHEMATIC DESIGN. COPYRIGHT 2018 GLEASON ARCHITECTS, P.C. DATE:4-29-19 JOB NUMBER:18-039 GLEASON ARCHITECTS, P.C. 915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PLAINES 769 Heartland Drive, Unit A Sugar Grove, Illinois Phone: 630-466-8740 Fax: 630-466-8760 SCALE:1/16" = 1'-0" Exhibit B Page 55 of 62 N E T A R E A = 5 0 1 . 6 6 S Q . F T . GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760 SC A L E : T Y P I C A L O N E B E D R O O M U N I T T Y P E A 1 / 4 " = 1 ' - 0 " / V o l u m e s / S E R V E R - H O M E / J - d r i v e / D w g s / P r o j e c t s / C o m m e r c i a l / S e n i o r H o u s i n g / P r o j e c t s / 1 8 - 0 3 9 P l u m C r e e k o f D e s P l a i n e s / P l a n s / U n i t s / A L _ 1 b e d . d w g Exhibit B P a g e 5 6 o f 6 2 N E T A R E A = 5 1 7 . 4 7 S Q . F T . GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760 S C A L E : T Y P I C A L O N E B E D R O O M U N I T T Y P E B 1 / 4 " = 1 ' - 0 " / V o l u m e s / S E R V E R - H O M E / J - d r i v e / D w g s / P r o j e c t s / C o m m e r c i a l / S e n i o r H o u s i n g / P r o j e c t s / 1 8 - 0 3 9 P l u m C r e e k o f D e s P l a i n e s / P l a n s / U n i t s / A L _ 1 b e d - t y p e _ B . d w g Exhibit B P a g e 5 7 o f 6 2 N E T F L O O R A R E A = 4 5 4 . 4 1 S Q . F T . GLEASON ARCHITECTS, P.C.915 LEE STREET, DES PLAINES, IL PLUM CREEK OF DES PL A I N E S 769 Heartland Drive, Unit A Sugar Grove, IllinoisPhone: 630-466-8740 Fax: 630-466-8760 S C A L E : T Y P I C A L S T U D I O U N I T 1 / 4 " = 1 ' - 0 " / V o l u m e s / S E R V E R - H O M E / J - d r i v e / D w g s / P r o j e c t s / C o m m e r c i a l / S e n i o r H o u s i n g / P r o j e c t s / 1 8 - 0 3 9 P l u m C r e e k o f D e s P l a i n e s / P l a n s / U n i t s / A L _ s t u d i o . d w g Exhibit B P a g e 5 8 o f 6 2 769 Heartland Drive, Unit A, Sugar Grove, IL 60554 Phone: (630) 466-8740 email: thadgleason@gleasonarchitectspc.com Date:3/13/19 Project Name: Project Location: Job Number:18-038 Client: Frontage:883 ft Gross Site Area:73366.701 sq ft =1.68 acres Building Coverage:34% Floor Area Ratio (FAR):1.53 Density 59.5 units per acre Landscaped Area:sq ft Pavement / Building Area:sq ft Living Units Employees Total Ratio per Unit:0.33 0.667 Units:100 25 Standard Parking Stalls:48 stalls Accessible Parking Stalls:2 stalls Total Parking Stalls:33 17 50 stalls Bicycle Parking:3 Standard Stalls Accessible Stalls Total Parking Stalls:48 2 50 stalls Ratio per Unit:0.5 stalls per unit Existing Addition Total 6th floor 0 12513 12513 sq ft 5th floor 0 12513 12513 sq ft 4th floor 0 12513 12513 sq ft 3rd floor 0 12513 12513 sq ft 2nd floor 12500 12455 24955 sq ft 1st floor 12500 12455 24955 sq ft Basement 12500 0 12500 sq ft Total of All Floors 37500 74962 112462 sq ft Area per Unit 375 SITE DATA Plum Creek of Des Plaines Tom Leontios BUILDING DATA AREAS BY FLOOR PARKING GENERAL COVERAGE AND DENSITY 915 Lee Street, Des Plaines, IL Required by Ordinance Provided Congregate living centers: 1 space for each3 living units, plus 2 spaces for every 3 employees Exhibit B Page 59 of 62 769 Heartland Drive, Unit A, Sugar Grove, IL 60554 Phone: (630) 466-8740 email: thadgleason@gleasonarchitectspc.com Studio 1-Bedroom Total All Units 6th floor 8 9 17 units 5th floor 8 9 17 units 4th floor 8 9 17 units 3rd floor 8 9 17 units 2nd floor 8 8 16 units 1st floor 8 8 16 units Basement 0 0 0 units Total of All Floors 48 52 100 units % of Total Units 48%52% Unit Type Number of Units Floor Area per Unit Total Floor Area Studio 48 454 21792 sq ft 1-Bedroom Type A 48 502 24096 sq ft 1-Bedroom Type B 4 517 2068 sq ft Total 100 47956 sq ft Unit Type Number of Units Number of Occupants per Unit Total Number of Occupants Single Occupancy 48 1 48 occupants Double Occupancy 52 2 104 occupants Total 100 152 occupants OCCUPANT COUNT RENTABLE FLOOR AREA UNIT TYPES BY FLOOR Exhibit B Page 60 of 62 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT AND REZONING COVENANT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, Tom Leontios (“Petitioner”) applied to the City of Des Plaines 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 C-3 District to the R-4 District; (ii) major variations from Section 12-7-2.J of the Zoning Ordinance to allow a front yard setback of 8.0 feet, where a minimum of 12 feet is required and from Section 12-9-6.D of the Zoning Ordinance to allow a curb and gutter setback from the adjacent eastern property line of 1.5 feet, where a minimum of 3.5 feet is required (collectively, the “Proposed Variations”); and (iii) a conditional use permit for the operation of a Congregate Housing Center on the Subject Property (“Proposed Conditional Use Permit”) (collectively (i) through (iii) are the “Requested Relief”); and WHEREAS, Ordinance No. Z-11-19 adopted by the City Council of the City of Des Plaines on __________________, 2019 ("Ordinance"), grants approval of the Requested Relief, subject to certain conditions; and WHEREAS, Petitioner desires 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 its consent to recording the Ordinance and this Unconditional Agreement and Consent against the Subject Property; NOW, THEREFORE, Petitioner does hereby agree and covenant as follows: 1.Petitioner hereby unconditionally agrees to accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z- 11-19, adopted by the City Council on , 2019. 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, 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. Exhibit C Page 61 of 62 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: TOM LEONTIOS By:______________________________ By:_____________________________ SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2019. Notary Public Exhibit C Page 62 of 62 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: April 26, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Michael McMahon, Community and Economic Development Director Patrick Ainsworth, Economic Development Coordinator Subject: Class 6b Resolution Request – 1600-1710 Sherwin Avenue (6th Ward) Issue: Core Sherwin, LLC has filed an application requesting a City resolution in support of its Cook County Class 6b Tax Incentive Application based on new construction (Attachment 1). Analysis: The combined 7.786 acre property which is located on the north side of Sherwin Avenue currently contains two buildings on three PINs. The property at 1600 Sherwin Avenue is currently owned by the applicant, Core Sherwin LLC (the applicant). The applicant has the properties at 1700-1710 Sherwin Avenue under contract for purchase. All three parcels are zoned M-2 General Manufacturing District. The company that was located out of 1600 Sherwin Avenue, Shawk USA, has successfully relocated to a building in Des Plaines at 1695 S. River Road. Staff is still working with Jacobs Telecommunications to try and relocate them within Des Plaines. If the applicant obtains the Cook County Class 6b, the applicant proposes to raze the current buildings and construct a new Class A precast concrete industrial building with a general construction value of $12,528,948.72 and include the following aspects: - 161,853 square feet in size; - Ceiling height clearance will be 32 feet; - 162 off-street parking spaces; - 37 exterior docks on the north/rear elevation; and - Two drive in doors. The proposed construction is a speculative building which means that there is not an identified user at the moment. However, given Des Plaines’ strategic location with the O’Hare industrial sub-area and a strong industrial market, the applicant finds that the investment is worthwhile. Additionally, the applicant intends to divide the building for three future businesses. Cook County’s Class 6b economic development tool encourages industrial investment by offering a real estate tax incentive. Qualified industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 11th year and 20% in the 12th year. Normally such properties are assessed at 25% of market value (Attachment 2). A Class 6b incentive requires a resolution of consent from municipalities. As part of the MEMORANDUM Page 1 of 35 Cook County Class 6b Application there are four criteria that an industrial property can apply under which include: •New Construction •Operating Establishment (for businesses/properties currently in operation) •Substantial Rehabilitation •Abandoned Property (with or without special circumstances) The applicant is applying under New Construction. Assessment of Tax Impact Scenarios: 1.Estimate Property Taxes as-is with vacancy relief in 2020: $135,007 2. Estimated Property Taxes with proposed improvements without a 6b in 2020: $477,395 3.Estimated Property Taxes with proposed improvements with a 6b in 2020: $190,958 Note, the City of Des Plaines recently updated the Class 6b application and there are new criteria to consider for any current request. Those criteria generally includes: - Building construction value shall be at least $10 per square foot; - At least 50 new full-time jobs be generated with industrial redevelopment projects; and - That the 6b is not located within an established TIF District. The applicant finds that all criteria will be met. Recommendation: I recommend that the City Council adopt Resolution R-104-19 to support and consent to the filing of the Class 6b application for Core Sherwin LLC, to the Cook County Assessor’s Office. Attachments: Attachment 1: Class 6b Application Attachment 2: Estimated 12-Year Tax Projections Attachment 3: Location Map Attachment 4: Plat of Survey Attachment 5: Building Drawings and Site Plan Resolution R-104-19 Exhibit A: Legal Description Page 2 of 35 A t t a c h m e n t 1 P a g e 3 o f 3 5 A t t a c h m e n t 1 P a g e 4 o f 3 5 A t t a c h m e n t 1 P a g e 5 o f 3 5 A t t a c h m e n t 1 P a g e 6 o f 3 5 A t t a c h m e n t 1 P a g e 7 o f 3 5 A t t a c h m e n t 1 P a g e 8 o f 3 5 A t t a c h m e n t 1 P a g e 9 o f 3 5 A t t a c h m e n t 1 P a g e 1 0 o f 3 5 A t t a c h m e n t 1 P a g e 1 1 o f 3 5 A t t a c h m e n t 1 P a g e 1 2 o f 3 5 A t t a c h m e n t 1 P a g e 1 3 o f 3 5 A t t a c h m e n t 1 P a g e 1 4 o f 3 5 A t t a c h m e n t 1 P a g e 1 5 o f 3 5 A t t a c h m e n t 1 P a g e 1 6 o f 3 5 A t t a c h m e n t 1 P a g e 1 7 o f 3 5 A t t a c h m e n t 1 P a g e 1 8 o f 3 5 A t t a c h m e n t 1 P a g e 1 9 o f 3 5 A t t a c h m e n t 1 P a g e 2 0 o f 3 5 A t t a c h m e n t 1 P a g e 2 1 o f 3 5 A t t a c h m e n t 1 P a g e 2 2 o f 3 5 A t t a c h m e n t 1 P a g e 2 3 o f 3 5 SITE PLAN VERSION 162K SF BLDG 4/15/2019 Address 1600-1710 Sherwin Ave. PIN 09-28-300-037 09-28-300-039 09-28-300-024 Municipality Des Plaines, Cook County, IL Site Size 7.78 Site Size (SF)338,897 Building Size 161,853 FAR 0.478 Parking Spaces 162 Parking Ratio (per thousand)1.00 Delivery Type Shell SITE WORK COSTS QTY UNIT UNIT PRICE ITEM TOTAL GROUP TOTAL Demolition and Site Clearance 7.78 AC 40,925.45$ 318,400.00$ Cut and Fill and Site Grading 7.78 AC 56,875.19$ 442,489.00$ Underground Detention 2.50 AC FT 400,000.00$ 1,000,000.00$ Site Utilities 7.78 AC 76,729.18$ 596,953.00$ Asphalt Paving 19,672 SY 17.20$ 338,350.37$ Landscaping Lump 78,985.00$ Site Work Contingency 3.0 %2,775,177.37$ 83,255.32$ TOTAL SITE WORK COST 2,858,432.69$ VERTICAL HARD COSTS QTY UNIT UNIT PRICE ITEM TOTAL GROUP TOTAL Cast in Place Concrete 161,853 SF 6.54$ 1,058,810.00$ Precast Concrete 161,853 SF 7.32$ 1,184,500.00$ Metals 161,853 SF 6.70$ 1,085,000.00$ Carpentry 161,853 SF 0.13$ 21,600.00$ ACM / Metal Wall Panel 161,853 SF 0.16$ 26,000.00$ Roofing 161,853 SF 3.20$ 517,773.00$ Caulking 161,853 SF 0.06$ 10,000.00$ Doors Frames and Hardware 161,853 SF 0.06$ 9,825.00$ Overhead Doors 161,853 SF 0.21$ 33,885.00$ Glass and Glazing 161,853 SF 0.79$ 127,500.00$ Painting 161,853 SF 0.44$ 71,558.00$ Dock Equipment 19 Docks 5,000.00$ 95,000.00$ Fire Protection and Sprinklers 161,853 SF 1.59$ 258,000.00$ Plumbing 161,853 SF 0.49$ 78,900.00$ HVAC 161,853 SF 0.59$ 94,850.00$ Electrical and Fire Alarm 161,853 SF 1.29$ 208,850.00$ Lighting - LED Highbay Fxtrs Motion Sensors 60,000 Lumen 2.50$ 150,000.00$ Hard Cost Contingency 3.0 %4,882,051.00$ 146,461.53$ TOTAL VERTICAL HARD COSTS 161,853 SF 32.00$ 5,178,512.53$ SOFT COSTS QTY UNIT UNIT PRICE ITEM TOTAL GROUP TOTAL GC General Conditions + OH&P 8,036,945.22$ HC'S 8.00%642,956$ Engineering Costs 2,858,433 SW 3.50%100,045.14$ Architecture 161,853 SF 1.25$ 202,316.25$ Legal Costs 1 LS 75,000.00$ 75,000.00$ Lender Legal 1 LS 20,000.00$ 20,000.00$ Title Insurance + Consruction Escrow 1 LS 15,000.00$ 15,000.00$ Taxes during Construction 1 YR 250,000.00$ 250,000.00$ Appraisal 1 LS 10,000.00$ 10,000.00$ Surveys 1 LS 20,000.00$ 20,000.00$ Environmental 1 LS 15,000.00$ 15,000.00$ Geotechnical Report 1 LS 20,000.00$ 20,000.00$ Permits/Connection Fees/Zoning Apps/Fees 1.0%% HC 8,036,945.22$ 80,369.45$ Construction Material Testing 1 LS 30,000.00$ 30,000.00$ Loan Fees/Costs Interest Carry Construction Mgmt Fee 8,036,945 Hard Cost 5.00%401,847.26$ Soft Cost Contingency 3.0 %1,882,533.73$ 56,476.01$ TOTAL SOFT COSTS 1,939,009.74$ BUILDOUT COSTS (ONCE TENANT SECURED)QTY UNIT UNIT PRICE ITEM TOTAL GROUP TOTAL Tenant Improvement Allowances 10.00$ SF 161,853 1,618,530.00$ Leasing Commissions (7yr Avg Lease)7.00%% of Lease Value 9,063,768$ 634,463.76$ Demising Wall (s)3 Walls 100,000.00$ 300,000.00$ BUILDOUT COSTS 161,853 PSF 15.77$ 2,552,993.76$ TOTAL PROJECT COST 161,853 PSF 77.41$ 12,528,948.72$ 1600 - 1710 SHERWIN AVE., DES PLAINES, IL DEVELOPMENT COST SUMMARY Attachment 1 Page 24 of 35 A t t a c h m e n t 2 P a g e 2 5 o f 3 5 Location Map 1600-1710 Sherwin Ave Map created on May 7, 2019. © 2019 GIS Consortium and MGP Inc. All Rights Reserved. The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. Disclaimer: This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. 0 200 400ft GIS Consortium – MapOffice™ Attachment 3 Page 26 of 35 PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.: 16 0 0 - 1 7 1 0 S H E R W I N A V E N U E CI T Y O F D E S P L A I N E S , I L L I N O I S TO P O G R A P H I C S U R V E Y 3699 Attachment 4 Page 27 of 35 PROJ. MGR.: DRAWN BY: DATE: SCALE: OF SHEET PROJ. ASSOC.: 16 0 0 - 1 7 1 0 S H E R W I N A V E N U E CI T Y O F D E S P L A I N E S , I L L I N O I S TO P O G R A P H I C S U R V E Y Attachment 4 Page 28 of 35Page 28 of 35 Attachment 5 Page 29 of 35 Attachment 5 Page 30 of 35 MANUFACTURING/ DISTRIBUTION BLDG 161,853 SF 32' CLR HGT SHERWIN AVENUE 30' OFFICE 20'22' 645' 687' 6' 18' 41' 5'6' 18' 18' 5'30'5' 52' TYP. 65'50' Attachment 5 Page 31 of 35 CITY OF DES PLAINES RESOLUTION R - 104 - 19 A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 1600-1710 SHERWIN AVENUE, DES PLAINES, ILLINOIS. WHEREAS, Core Sherwin, LLC ("Applicant") is the owner of that certain property commonly known as 1600 Sherwin Avenue in the City and the contract purchaser of the property commonly known as 1700-1710 Sherwin Avenue in the City, each legally described in Exhibit A attached to, and by this reference made a part of, this Resolution (collectively, the "Subject Property"); and WHEREAS, the Subject Property consists of an approximately 7.786-acre site improved with an approximately 54,800-square-foot building located at 1600 Sherwin Avenue and an approximately 40,000-square-foot building at 1700-1710 Sherwin Avenue (collectively, the “Existing Buildings”); and WHEREAS, the Applicant intends to raze the Existing Buildings and construct an approximately 161,853-square-foot new industrial building on the Subject Property ("Proposed Improvements"), which Applicant intends to lease to an industrial user for warehousing and distribution purposes (“Proposed Use”); and WHEREAS, the Applicant estimates that the Proposed Improvements will cost approximately $12,528,948.72 and will constitute new construction on the Subject Property; and WHEREAS, the Proposed Use will generate approximately 50 new full-time positions; and WHEREAS, pursuant to Section 74-62(b) of the Cook County Real Property Assessment Classification Ordinance ("County Classification Ordinance"), the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property under the eligibility criteria of “new construction”; and WHEREAS, the Class 6b classification temporarily reduces the property tax assessment of qualifying properties in order to promote industrial projects which would not be economically feasible without assistance; and WHEREAS, the Applicant would be unable to justify the additional investments necessary to complete the Proposed Improvements and cause the Subject Property to be reoccupied for Proposed Use but for the classification of the Subject Property as Class 6b under the Classification Ordinance; and WHEREAS, in order to qualify for the 6b Classification, the Applicant must receive the consent of the City in the form of a resolution from the City Council; and Page 32 of 35 WHEREAS, as part of the Class 6b application filed with the City for the Subject Property, the Applicant filed a Cook County compliant Economic Disclosure Statement with the City; and WHEREAS, the City Council hereby find that it is in the best interest of the City and the public to provide its consent and approval to the Applicant’s request for a Class 6b classification for the Subject Property and to support Cook County’s exercise of its home rule authority to grant the Class 6b classification. 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: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Subject Property is necessary for the new construction and occupation of the Subject Property; and (c) the new construction of the Proposed Improvements on the Subject Property constitutes an extraordinary and special circumstance warranting the grant of the Class 6b classification. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, subject to the conditions set forth in Section 4 of this Resolution. SECTION 4: CONDITIONS OF CITY’S CONSENT; REVOCATION. The consent granted in Section 3 of this Resolution is expressly conditioned upon the occurrence and/or satisfaction by the Applicant of the following conditions: A. The Applicant will complete construction of the Proposed Improvements no later than June 2021; and B. The Applicant has evidenced a commitment to construct the Proposed Improvements in the amount of no less than $12,528,948.72. The Applicant agrees and acknowledges that if either of the conditions set forth in this Section 4 have not been satisfied by June 30, 2021, the City Council shall have the option, in its sole and exclusive discretion, to revoke the consent granted in Section 3 by resolution duly adopted in accordance with the procedures set forth in Section 74-73 of the Cook County Code of Ordinances. In the event that the City Council revokes its consent, the City Clerk is directed to promptly deliver notice of such revocation to the Board of Commissioners of Cook County and the Office of the Cook County Assessor along with certified copies of the revoking resolution. SECTION 5: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified Page 33 of 35 copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Cook County Assessor. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and the satisfaction of the conditions set forth in Section 4 above. PASSED this _____ day of ____________, 2019. APPROVED this _____ day of _____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Supporting Class 6b Classification 1600-1710 Sherwin Avenue Page 34 of 35 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PIN: 09-28-300-024-0000 THE SOUTH 440 FEET OF THE NORTH 1636.102 FEET OF THE WEST ½ OF THE SOUTHWEST ¼ (EXCEPT THE WEST 414.025 FEET) LYING WEST OF A LINE COMMENCING ON THE NORTH LINE OF SHERWIN AVENUE 651.21 FEET EAST OF THE WEST LINE THENCE NORTH PARALLEL WITH THE WEST LINE 152.735 FEET TO A POINT OF TANGENCY THENCE NORTHWESTERLY ON A CURVE CONVEX NORTHEASTERLY WITH A RADIUS OF 287.94 FEET A DISTANCE OF 385.37 FEET TO A POINT ON THE NORTH LINE 429.485 FEET EAST OF THE WEST LINE IN SECTION 28, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 09-28-300-037-0000 LOT 2 IN C.W. PROPERTIES – CHICAGO, A SUBDIVISION OF PART OF THE EAST ½ OF THE SOUTHEAST ¼ OF SECTION 29 AND PART OF THE WEST ½ OF THE SOUTHWEST ¼ OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 09-28-300-039-0000 That part of the west ½ of the southwest ¼ described as follows: COMMENCING ON THE NORTH LINE OF SHERWIN AVENUE 651.21 FEET EAST OF THE WEST LINE OF THE WEST ½ OF THE SOUTHWEST ¼ TO THE POINT OF BEGINNING THENCE NORTH PARALLEL WITH THE WEST LINE A DISTANCE OF 152.735 FEET THENCE NORTHWESTERLY ALONG THE ARC OF A CIRCLE AT A RADIUS OF 287.94 FEET CONVEX TO THE NORTHEAST AND TANGENT TO THE EAST LINE OF THE WEST 651.21 FEET AT A DISTANCE OF 385.37 FEET MORE OR LESS THENCE EAST AT A DISTANCE OF 353.792 FEET THENCE SOUTH AT RIGHT ANGLES AT A DISTANCE OF 440 FEET TO THE NORTH LINE OF SHERWIN AVENUE THENCE WEST AT A RIGHT ANGLE AT A DISTANCE OF 132.067 FEET TO THE POINT OF BEGINNING OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as 1600-1710 Sherwin Avenue, Des Plaines, Illinois 60018 Exhibit A Page 35 of 35 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: April 30, 2019 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Director of Community and Economic Development Patrick Ainsworth, Economic Development Coordinator Subject: Consideration of Conditional Use for Commercially Zoned Assembly Use, a Conditional Use for a Private School and a Major Variation for Off Street Parking at 820-848 Lee Street, Case 19-015-CU-V (2nd Ward) Issue: The petitioner is requesting three items: i) a Conditional Use under Section 12-7-3(K) of the Des Plaines Zoning Ordinance to operate a Commercially Zoned Assembly Use, Meeting House-Cultural Center, ii)a Conditional Use under Section 12-7-3(K) of the Des Plaines Zoning Ordinance to operate a Private School, and iii) a Major Variation for off street parking under Code Section 12-9-7 of the Des Plaines Zoning Ordinance. Analysis: Address: 820-848 Lee Street Owners: Immanuel Lutheran Church, 855 Lee Street Des Plaines, IL 60016 Petitioner: George Petrov, Little Bulgarian School, 410 Charing Cross Road, Elk Grove, IL 60007 Case Number: 19-015-CU-V Real Estate Index Numbers: Ward: Existing Zoning: Existing Land Use: Surrounding Zoning: 09-17-425-029, -030, -031, -032 & -033 #2, Alderman Colt Moylan C-5 Central Business District School building (vacant) and two single family homes North: C-5 Central Business District South: C-5 Central Business District MEMORANDUM Page 1 of 78 East: R-4 Central Core Residential C-5 Central Business District West: C-5 Central Business District Surrounding Land Use: North: Office Building South: Office Building and Apartments East: Townhomes and Religious Use West: Condominiums Street Classification: Lee Street is an arterial street. Comprehensive Plan: The Comprehensive Plan designates the site as Institutional. Project Description: The petitioner, Mr. George Petrov, is representing the Little Bulgarian School and is requesting three items: i) a Conditional Use Permit to operate a Commercially Zoned Assembly Use – Meeting House-Cultural Center, ii) a Conditional Use for a Private School, and iii) a Major Variation for the off street parking requirement. The petitioner’s organization is under contract to purchase several parcels and buildings from the current owner, Immanuel Lutheran Church, which contains three buildings including the former Immanuel Lutheran School at 832 Lee Street (currently vacant) and two single-family houses at 842 and 848 Lee Street. The former Immanuel Lutheran School is the building that the Little Bulgarian School (LBS) organization is proposing to occupy. The two single family houses will remain as-is. If LBS becomes the owner of these two homes, they will be rented back to Immanuel Lutheran Church. The remaining parcels under contract consists of a small 13 space parking lot and a grassy field to the north of the vacant building at 832 Lee Street. The entire purchase entails 1.42 acres of land. Note, future expansion of any Commercially Zoned Assembly or a Private School in either structure will result in an amendment to such an Ordinance. Commercially Zoned Assembly Use is a new land use that was added to the Des Plaines Zoning Ordinance in 2018. The definition of Commercially Zoned Assembly Use is provided below for reference: COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this Chapter. Such uses shall adhere to the off street parking requirements under “Assembly Use”. The petitioner’s organization is proposing to insert a variety of uses into the former Immanuel Lutheran School building (see Attachment #4 for all proposed activities). The primary use will be a meeting house-cultural center that will serve the members of the Little Bulgarian School organization and then contain private school lessons to pupils in the 1st through 12th grade. The school use is only taking place on Saturdays and Sundays as shown in Attachment #4. Since the building at 832 Lee Street is being reactivated with a school and a Page 2 of 78 commercially zoned assembly use, the current parking standards for Zoning Ordinance Code Section 12-9-7 applies. Additionally, since there are two uses proposed for the building at 832 Lee Street, a variable parking requirement is being applied with the categories identified below: Assembly uses: Residentially zoned assembly uses and commercially zoned assembly uses shall have the following parking requirements applied in each specific use within the zoning lot. If the use is not listed below, then refer to the regulations from other portions of the off street parking requirement matrix: Community centers, banquet halls and membership organizations 1 space for every 200 square feet of gross activity area Schools: Elementary 1 space for each classroom, plus 1 space per 200 square feet of area devoted to offices High school 1 space for each classroom, plus 1 space per 200 square feet of area devoted to offices, plus 1 space for every 6 students based on maximum enrollment Since the proposed private school will consist of high school-aged students, the more restrictive off street parking requirement for schools apply. The off street parking calculation for the proposed parking is as found in the chart below: Type of Use Unit of Measurement Required Spaces Assembly Use 3,147 sf 20 spaces Office (downtown) 761 sf 1.5 spaces Primary School 10 classrooms 51.9 spaces Total Required Parking = 73 spaces The 73 required spaces could not be accommodated on the subject parcels. A Major Variation for the required off street parking is required – the request is to reduce the required parking from 73 to 63 spaces. The petitioners are proposing to construct a brand new 63 off street parking lot by utilizing the grassy area as well as resurfacing several other portions of the property to accommodate new off street parking. The new parking lot will contain curb and gutter improvements, bio-swales, extensive landscaping and parking lot lighting that will comply with applicable codes. Moreover, the petitioner is proposing to reduce the curb cut count onto Lee Street from two to one. A condition has been added to this staff report to add enhancements to this curb cut to restrict vehicles from entering Lee Street in the wrong direction. Note, an active off street parking lease agreement has been entered into between Page 3 of 78 the purchase contractors and the current owners to utilize 28 parking spaces immediately south of 848 Lee Street at non-church related times which exceeds the deficit of the requested ten spaces for the variance. Per the supplemental parking agreement for the lot south of 848 Lee Street, the petitioner will be allowed these parking spaces when they are not in use by Immanuel Lutheran Church participants. Please see Attachments #5 and #6 for the Traffic Study and the Supplemental Parking Lease Agreement. The Traffic Study, conducted by KLOA, discusses the trip generation, traffic flow and times of peak traffic for the proposed development. Staff Review As part of the application review process, the following departments reviewed the proposed preliminary drawings: Fire Prevention, Building Division, Public Works and Engineering, and Community and Economic Development. The applicant worked with staff to incorporate the comments and reduce any potential impact on surrounding properties and to advance the public health, safety and welfare. All staff review comments have been or will be incorporated into the drawings and/or conditions associated with this application. 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: Comment: Commercially Zoned Assembly Use and a Private School are listed as Conditional Uses, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-5 Central Business District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the site is office, assembly use and as a private school. The Future Land Use Map found in the Comprehensive Plan designates this site as Institutional. The proposed use fits the institutional designation of this property and advances the goals of the Comprehensive Plan of embracing diversity as the petitioner is proposing to open a cultural institution and private school to emphasizing the Bulgarian culture. 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 petitioner proposes to maintain the existing building. Additionally, no expansion of the building is being proposed at this time. As such, the proposed Conditional Uses will be harmonious and appropriate in appearance as no changes are being proposed. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to reactivate the building for a variety of uses including offices, educational services, recreational activities and other related aspects as identified in the application. These activities are spread throughout the week which will not be hazardous or disturb the existing neighbors. Additionally, a comprehensive traffic study has been provided by KLOA and is attached to this report to identify the trip generation, parking demand and traffic flow. The petitioner is also entering into a parking agreement with Immanuel Lutheran School in order to accommodate the gap in parking. Page 4 of 78 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 existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by essential public facilities and services. Public Works, Engineering, Fire Prevention, Building and Zoning have been consulted on the proposed use and improvements. All proposed items have either been satisfied with adequate capacity in services or conditions have been placed with this staff report to ensure the minimization of any potential impact onto adjacent properties. 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 Commercially Zoned Assembly Use and Private School will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property. The proposed Conditional Use will not be detrimental to the economic well-being of the community. A condition is being added to the application to ensure a supplemental parking lease agreement will be in place for the life of the uses. 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 Commercially Zoned Assembly Use and Private School will have activities dispersed throughout the entire week with most activities generally occurring during non-peak rush hours such as Saturdays and week nights. As such, it is determined that there will not be any detriment to the public or to adjoining properties. Moreover, conditions have been placed with this report to ensure minimal impact to adjoining properties. 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 Commercially Zoned Assembly Use and Private School will not create an interference with traffic on surrounding public thoroughfares. According to the attached Traffic Study conducted by KLOA the traffic will be dispersed throughout the week and most of the traffic generated will occur during non-rush hours. Therefore, the proposed use will not interfere with traffic and the surrounding road network. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed Commercially Zoned Assembly Use and Private School will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The proposed uses are during non-peak rush hours and each use will generally occur when the office and religious uses are not in use. The petitioners are utilizing the existing vacant school which was originally constructed in approximately 1930. Page 5 of 78 J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Commercially Zoned Assembly Use meets the requirements of the Zoning Ordinance for the C-5 Central Business District. The petitioners are applying for a Major Variation for off street parking. However, the petitioners are adding approximately 50 more off street parking spaces than what currently exists. Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. Hardship: No variation shall be granted unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty. Comment: The petitioner has designed the properties to incorporate as many off street parking spaces as the property can hold in addition to accommodating for off street parking lot landscaping, proper drainage, circulation and designing for the City’s largest fire truck. The petitioner has supplied a parking license agreement for the gap in the spaces as well as additional spaces past what is required. B. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot. Comment: The property was originally constructed in 1930 which contains an inadequate number of parking spaces to meet the current Zoning Ordinance off street parking requirement for both a Commercially Zoned Assembly Use and a Private School. There is a unique physical condition with the land as the remaining open space is quite limited in order to construct a 73 space off street parking lot. The petitioner is proposing to construct 63 off street parking spaces, a deficit of 10 off street parking spaces. C. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title. Comment: The physical condition of the existing building and limited remaining open space resulted in a situation that was not created by the petitioner. D. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision. Comment: If the variation is not granted to the applicant, then the applicant’s project may not move forward despite the notion that the petitioner is trying to reactivate the former Immanuel Lutheran School with another Page 6 of 78 Private School and add a Commercially Zoned Assembly Use – Meeting House-Cultural Center to the same building. The property may not be able to accommodate all off street parking; however, the petitioner is compensating for the shortage with a lease agreement for more parking with Immanuel Lutheran Church. E. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot. Comment: Granting the requested variance for off street parking will not be granting a special privilege to the applicant and this not an opportunity for the petitioner to make more money from the use of the subject lot as the petitioner’s organization is a non-profit 501(c)3 organization. Additionally, petitioner is proposing to reactivate the vacant school property as a Private School and Bulgarian Cultural Center. F. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan. Comment: The proposed project will meet the intent of the 2019 Comprehensive Plan as the site is identified as Institutional. The petitioner is proposing to reactive a former school with a new school and cultural center. While the proposed variation is for off street parking, the use of the site will be in harmony with the Zoning Ordinance as the petitioner is not proposing to physically expand the subject building and result in a more intense use. Additionally, the off peak times that the building will be utilized will assist with minimal traffic disruption to the surrounding areas. G. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. Comment: The petitioners have utilized the maximum amount of land that can be reasonably accommodated for the new off street parking lot. However, the petitioners could not accommodate the required 73 off street parking spaces entirely on site so there is a supplemental parking lease with Immanuel Lutheran Church to provide more parking spaces than just the 10 parking space deficit. A condition has been added to this staff report to ensure that the parking lease remains active for the life of the uses. H. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. Comment: The petitioner has proposed as many parking spaces that can be accommodated on the site and meet all other applicable codes. The extent of the variation has been reduced to the maximum extent possible and the gap in parking spaces provided is being supplemented by the off street parking lease. Planning and Zoning Board Review: The Planning and Zoning Board met on April 23, 2019 to consider a Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use – Meeting House-Cultural Center, a Conditional Use under Section 12- Page 7 of 78 7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Private School, and a Major Variation for off street parking under Code Section 12-9-7 of the 1998 Zoning Ordinance, as amended for the properties at 820-848 Lee Street. The petitioners presented the proposal of reactivating the Immanuel Lutheran School building with a new private school and cultural center for their organization called, ‘The Little Bulgarian School’. The goal of the organization is to provide cultural enrichment activities and a variety of classes to children from grades 1 through 12. Additionally, they offer adult education classes, various after-work and after-school events and will initiate community services such as a food pantry. The architect, traffic engineer and civil engineer talked in detail about the proposed improvements to the site and the flow of traffic for drop offs and how vehicles will generally enter and exit into the property. The Planning and Zoning Board Members asked about the elements following: drainage on the site due to the new parking lot, summer school classes and activities, the use of the two homes that the petitioner is purchasing, dropping off students and about the traffic going into the alley. The petitioner, architect, civil engineer and traffic engineer addressed all questions and items. With regards to the drainage, the civil engineer discussed the rain garden, storm sewer improvements and the proposed grading to accommodate storm water runoff. There will be summer school classes, but not until at least 2020. The petitioner is going to rent the houses back to Immanuel Lutheran Church as they have no need to occupy these buildings at this time. A thorough discussion was held on drop offs. The traffic engineer and architect explained why the current design would have the least amount of impact on the roadway network and allow for drop offs in an efficient manner. The traffic engineer acknowledged that certain traffic will go to through the alley, but this gives drivers an opportunity to utilize Lee Street, Prairie Avenue and Thacker Street in a dispersed manner which will not create an intense traffic generation on any one given road. A Trustee for Immanuel Lutheran Church spoke about the two homes as they are requesting to have these homes rented for their pastor and clergy. The Community and Economic Development Department summarized the report and recommended approval of the request with several conditions to ensure that there is little impact to the surrounding properties. For instance, there is a condition if an expansion of either use takes place, the petitioner will have to apply for a Conditional Use Amendment. No one from the public spoke on this case. The Planning and Zoning Board recommended (7-0) that the City Council approval of the request with the following ten conditions. Conditions of Approval 1. The operation of the commercially zoned assembly and private school uses shall be located only within the School Building at 832 Lee Street. The Single-Family Homes shall not be used for commercially zoned assembly or private school uses. 2. Any expansion for any use shall require the Petitioner to obtain an amendment to the Conditional Use Permits. The Subject Property shall only be used as a commercially zoned assembly use and for a private school for the following activities: a. Community services; b. Recreational and social activities that comply with all applicable codes; c. Private school and adult education lessons; and d. Office uses directly related to Little Bulgarian School Organization. 3. The south radius of the proposed Lee Street driveway shall be a five-foot radius to visually reinforce the one-way northbound flow of Lee Street. A “No Right Turn” sign shall be installed Page 8 of 78 on the private side of the property line adjacent to the Lee Street curb cut to prevent wrong way traffic. These items shall be shown on future engineering drawings. 4. The curb cuts being closed on Lee Street shall be restored to the City of Des Plaines and IDOT specifications, including the abutting streetscape. 5. That the maximum number of people gathering in any space shall not exceed the maximum occupancy load prescribed by the Fire Protection Department. 6. Any food service preparation for any member shall come from a commercial grade kitchen. 7. The Petitioner shall maintain the Parking Lease Agreement as long as the Subject Property is used for a commercially zoned assembly use and a private school. Any amendment to the Parking Lease Agreement shall be approved by the Director of Community and Economic Development. If the Parking Lease Agreement is terminated, the Petitioner shall enter into a new parking lease agreement for at least 10 parking spaces within 30 days of termination of the Parking Lease Agreement. 8. Drawings submitted for permit shall be in substantial compliance with the Plans except where amendments are needed to comply with all applicable codes. 9. Stop signs shall be added on the Subject Property for the two drive aisles that are adjacent to the proposed Lee Street entrance/exit. Recommendation: I recommend approval of Ordinance Z-12-19 regarding a Conditional Use for the operation of a Commercially Zoned Assembly Use, Conditional Use for a Private School and a Major Variation for Off Street Parking at 820-848 Lee Street based on a 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, as amended. Attachments: Attachment 1: Location Map Attachment 2: Plat of Survey Attachment 3: Site and Context Photos Attachment 4: Floor Plans with Room Matrix Attachment 5: Traffic Study Attachment 6: Off Street Parking Lease with Immanuel Lutheran Church Attachment 7: Letter from Planning & Zoning Board Chairman to the Mayor and City Council Attachment 8: Draft Excerpt from the April 23, 2019 Planning and Zoning Board Meeting Ordinance Z-12-19 Exhibit A: Geometry Plan Exhibit B: Planting Plan Exhibit C: Project Narrative Exhibit D: Unconditional Agreement and Consent Page 9 of 78 Location Map 820-848 Lee St. Map created on April 17, 2019. © 2019 GIS Consortium and MGP Inc. All Rights Reserved. The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. Disclaimer: This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine precise location boundaries on the ground. 0 50 100ft GIS Consortium – MapOffice™ Attachment 1 Page 10 of 78 Attachment 2 Page 11 of 78 832 Lee Street – Main Entrance 832 Lee Street – Rear of Building with Future Parking Lot 820 Lee Street – Existing Parking and Grassy Area 820-848 Lee Street– Playground Remaining A t t a c h m e n t 3 P a g e 1 2 o f 7 8 Attachment 4 Page 13 of 78 Traffic Impact Study Proposed Little Bulgarian School Des Plaines, Illinois Prepared For: Little Bulgarian School April 18, 2019 Attachment 5 Page 14 of 78 1. Introduction This report summarizes the methodologies, results, and findings of a traffic impact study conducted by Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) for the proposed Little Bulgarian School to be located in Des Plaines, Illinois. The site, which currently contains the vacant Immanuel Lutheran School, is located on the west side of Mannheim Road/Lee Street approximately 350 feet north of Thacker Street. As proposed, the existing building will be occupied by a Little Bulgarian School which will serve the following primary purposes: • Weekday after school and evening programs for up to 60 students • Weekday evening dance, language, and citizenship classes for up to 60 adults • Saturday morning language and culture classes for up to 160 students • Sunday morning language and culture classes for up to 80 students As part of the development, the existing vacant space adjacent to the parcel will be developed with a 47-space parking lot that will supplement the existing parking north of the building, which will be modified to provide 16 parking spaces. Access to the development will be provided via a proposed access on Lee Street and via the north-south alley bordering the site. The purpose of this study was to examine background traffic conditions, assess the impact that the proposed school will have on traffic conditions in the area, determine if any roadway or access improvements are necessary to accommodate traffic generated by the proposed school, and evaluate the adequacy of the proposed parking supply. Figure 1 shows the location of the site in relation to the area roadway system. Figure 2 shows an aerial view of the site. The sections of this report present the following: • Existing roadway conditions • A description of the proposed school • Directional distribution of the school traffic • Vehicle trip generation for the school • Future traffic conditions including access to the school • Traffic analyses for the weekday morning, weekday evening, and Saturday midday peak hours • Recommendations with respect to adequacy of the site access and adjacent roadway system Traffic capacity analyses were conducted for the weekday morning, weekday evening, and Saturday midday peak hours for the following conditions: 1. Existing Conditions - Analyzes the capacity of the existing roadway system using existing peak hour traffic volumes in the surrounding area. 2. Projected Conditions – Analyzes the capacity of the future roadway system using the projected traffic volumes that include the existing traffic volumes, ambient area growth not attributable to any particular development, and the traffic estimated to be generated by the proposed school. Attachment 5 Page 15 of 78 Site Location Figure 1 SITE Attachment 5 Page 16 of 78 Aerial View of Site Figure 2 Attachment 5 Page 17 of 78 2. Existing Conditions Existing transportation conditions in the vicinity of the site were documented based on field visits conducted by KLOA, Inc. in order to obtain a database for projecting future conditions. The following provides a description of the geographical location of the site, physical characteristics of the area roadway system including lane usage and traffic control devices, and existing peak hour traffic volumes. Site Location The site, which currently contains the vacant Immanuel Lutheran School building, is located on the west side of Mannheim Road/Lee Street approximately 350 feet north of Thacker Street. The site is bounded by a vacant retail building to the north, Mannheim Road/Lee Street to the east, an Immanuel Lutheran Church parking lot to the south, and a north-south alley to the west. Land uses within the vicinity of the site are primarily residential and commercial with multi-story apartment buildings and townhomes located east, west, and south of the site and commercial uses located north of the site. Existing Roadway System Characteristics The characteristics of the existing roadways near the school are described below and illustrated in Figure 3. Mannheim Road/Lee Street (U.S. 12-45 Northbound) is a northbound-only, other principal arterial roadway that provides three lanes. At its signalized intersection with Thacker Street, Mannheim Road/Lee Street provides a combined through/left-turn lane, a through lane, and a combined through/right-turn lane. On-street parking is generally provided on the west side of the road. Mannheim Road/Lee Street is under the jurisdiction of the Illinois Department of Transportation (IDOT), has a posted speed limit of 30 mph, is not designated as a Strategic Regional Arterial (SRA), and carries an Annual Average Daily Traffic (AADT) volume of 6,900 (IDOT 2015) vehicles. Thacker Street is an east-west, local roadway that provides one lane in each direction. At its signalized intersection with Mannheim Road/Lee Street, Thacker Street provides a combined through/left-turn lane on the eastbound approach and a through lane and a right-turn lane on the westbound approach. At its unsignalized intersection with the north-south alley, Thacker Street provides one lane in each direction. On-street parking is generally provided on both sides of the road. Thacker Street is under the jurisdiction of the City of Des Plaines, has a posted speed limit of 25 mph, and carries an Annual Average Daily Traffic (AADT) volume of 2,150 (IDOT 2015) vehicles. Attachment 5 Page 18 of 78 FUNERAL HOME GL HILLS COMMERCIAL MIXED RESIDENTIAL TOWER DES PLAINES CHURCH LUTHERAN IMMANUEL RESIDENTIAL ENA RESIDENTIAL RESIDENTIAL SITE 12 45 Figure: 3 Kenig,Lindgren,O'Hara,Aboona,Inc. Des Plaines, Illinois School Little Bulgarian Job No: 18-260 Existing Roadway Characteristics N NOT TO SCALE A V E N U E P R AI RI E STREET THACKER LEGEND - TRAVEL LANE - TRAFFIC SIGNAL - STOP SIGN - SHARROW R O A D M A N N H E I M A L L E Y A t t a c h m e n t 5 P a g e 1 9 o f 7 8 Prairie Avenue is an east-west, local roadway that provides one lane in each direction. At its unsignalized intersection with the north-south alley, Prairie Avenue provides one lane on both approaches. On-street parking is generally provided on both sides of the road. Prairie Avenue is under the jurisdiction of the City of Des Plaines. Existing Traffic Volumes In order to determine current traffic conditions in the vicinity of the site, KLOA, Inc. conducted peak period traffic counts using Miovision Scout Collection Units on Tuesday, November 13, 2018 during the weekday morning (7:00 A.M. to 9:00 A.M.) and weekday evening (4:00 P.M. to 6:00 P.M.) peak periods and on Saturday, November 10, 2018 during the Saturday midday (10:00 A.M. to 2:00 P.M.) peak period. The traffic counts were conducted at the intersections of Mannheim Road/Lee Street with Thacker Street, Thacker Street with the north-south alley, and Prairie Street with the north-south alley. The results of the traffic counts showed that the weekday morning peak hour of traffic occurs from 7:30 A.M. to 8:30 A.M., the evening peak hour of traffic occurs from 4:45 P.M. to 5:45 P.M., and the Saturday midday peak hour of traffic occurs from 12:45 P.M. to 1:45 P.M. Figure 4 illustrates the existing peak hour traffic volumes for all three peak periods that the counts were performed. Copies of the traffic count summary sheets are included in the Appendix. Attachment 5 Page 20 of 78 SITE 45 12 Figure: 4 Kenig,Lindgren,O'Hara,Aboona,Inc. Des Plaines, Illinois School Little Bulgarian Job No: 18-260 Existing Traffic Volumes 1 4 4 ( 8 3) [ 7 7] 3 5 0 ( 2 5 3 ) [ 1 9 2 ] N NOT TO SCALE A V E N U E P R AI RI E STREET THACKER [00] LEGEND 00 (00) - AM PEAK HOUR (7:30-8:30 AM) - PM PEAK HOUR (4:45-5:45 PM) - SATURDAY MIDDAY PEAK HOUR (12:45-1:45 PM) 3 5 4 ( 1 5 3 ) [ 1 8 7] 9 ( 1 2) [ 8] 3 ( 2) [ 6] 5 5 ( 1 0 2 ) [ 7 6 ] 2 ( 5 ) [ 3 ] 1 6 ( 1 0 ) [ 1 4 ] 50 (37) [39] 1 41 (205) [1 47] 2 9 ( 5 9 ) [ 2 8 ] 5 4 9 ( 5 8 7 ) [ 5 7 0 ] 4 8 5 ( 3 2 6 ) [ 2 6 0 ] 7 ( 1 0) [ 6] 6 ( 4 ) [ 4 ] 0 ( 0 ) [ 1 ] 5 ( 7 ) [ 7 ] 3 ( 4) [ 2] 1 5 5 ( 2 4 6 ) [ 1 6 8 ] 1 2 ( 1 5) [ 5] 4 ( 3 ) [ 2 ] 0 ( 0 ) [ 0 ] 8 ( 1 3 ) [ 9 ] 4 ( 4) [ 5] 5 3 ( 9 7 ) [ 5 6 ] THACKER STREET @ ALLEY R O A D M A N N H E I M A L L E Y A t t a c h m e n t 5 P a g e 2 1 o f 7 8 3. Traffic Characteristics of the Proposed School In order to properly evaluate future traffic conditions in the surrounding area, it was necessary to determine the traffic characteristics of the proposed school, including the directional distribution and volumes of traffic that it will generate. Proposed School Plan As proposed, the existing Immanuel Lutheran School building will be occupied by a Little Bulgarian School. The building will serve the following primary purposes: • After school and evening children’s programs that include math and science tutoring, folklore dance classes, and other child-centered class activities. Children participating will either arrive when they are released from area schools or later in the evening. Based on information provided by the operator, the school will accommodate a combined total of 40 to 60 children participating in these programs. • Dance, language, and citizenship classes for adults that will occur during the weekday evening. A majority of participants will arrive after work during the weekday evening peak hour and leave the site outside of typical peak hours. Based on information provided by the operator, the classes will have a typical enrollment of 40 to 60 adults. • Bulgarian language, literature, geography, and culture classes for children that will occur on Saturday and Sunday mornings. Students will be divided into two staggered classes running from 9:00 A.M. to 1:00 P.M. and from 11:00 A.M. to 3:00 P.M. Based on information provided by the operator, the two classes combined will have maximum enrollment of 160 students on Saturday and 80 students on Sunday In addition to the primary uses, the building will also be used for other minor or infrequent uses such as administrative offices or holiday performances, a majority of which will fall outside of typical peak hours. As part of the development, the existing parking lot will be modified to provide 16 spaces. Further, the vacant parcel north of the building will be improved with a 47-space parking lot for a combined total of 63 parking spaces. In addition, the school has signed a shared parking agreement with the Immanuel Lutheran Church to utilize their parking lot south of the site in case of overflow. A copy of the preliminary site plan is included in the Appendix. Attachment 5 Page 22 of 78 Proposed Little Bulgarian School Des Plaines, Illinois 9 Site Access As proposed, access to the site will be provided via a proposed access drive on Lee Street located approximately 525 feet north of Thacker Avenue. This access drive will replace two existing access drives at this location. The access drive will provide one inbound lane and one outbound lane restricted to left-turn only movements and should be under stop sign control. Additional access to the site will be provided off the existing north-south alley along the site’s west frontage and will be connected to the site via a southerly inbound-only access drive and via a northerly two- way access drive. The north-south alley provides one lane in each direction with connection to Thacker Street to the south and Prairie Avenue to the north. Drop-Off/Pick-Up Operations Students participating in the weekday afterschool programs, evening programs, Saturday classes, or Sunday classes will generally be dropped of by their parents at the beginning of the program and then picked up again once the program is completed. In order to reduce conflicts within the site and improve traffic flow parents should be instructed to follow the following pick-up/drop-off procedures:  Parents who intend to park their vehicle and walk their child into the building should park in the proposed parking lot north of the building. These parents should utilize the Lee Street access drive to enter and exit the site.  Parents who intend to pick-up/drop-off their children without exiting their vehicle should enter the site from the southerly north-south alley access and drop off/pick up their child from the north-south drive aisle along the site’s west face. Parents should then exit the site at the northerly north-south alley access drive. Further, to reduce conflict on the alley, parents should be instructed to enter the alley from the south and exit to the north. Separating the two pick-up/drop-off activity types will serve to improve traffic flow within the site and will limit the number of vehicles driving within the portion of the parking lot where parents will be walking between the building and their vehicle with their children. A majority of adults attending the evening classes are expected to arrive and park on site for the duration of the class. Due to the low number of adults expected to participate in the classes, all parked vehicles can be accommodated within the proposed parking lot. In order to prevent conflict with the pick-up/drop-off activities of the after-school care programs, participants will be instructed to enter the site from the Lee Street entrance. Attachment 5 Page 23 of 78 Directional Distribution The directions from which employees, students, and parents will approach and depart the site were estimated based on existing travel patterns, as determined from the traffic counts. Figure 5 illustrates the directional distribution of the school-generated traffic. Peak Hour Traffic Volumes The volume of traffic generated by a development is based on the type of land uses and the size of the development. The number of peak hour vehicle trips estimated to be generated by the proposed school were based on the following: • The number of trips to be generated by the after-school and evening student programs and adult evening classes were based on information provided by the operator. • The number of trips to be generated by the Saturday classes was based on traffic counts conducted by KLOA at an existing Little Bulgarian School located in Mount Prospect, Illinois. The counts were conducted on Saturday, December 8, 2018 between 8:30 A.M and 2:30 P.M. The existing Mount Prospect school serves one session of 95 students. In order to provide a conservative analysis, the same peak hour volumes were used as the Mount Prospect school despite the fact that the proposed school will split its students into 4 sessions with no more than 80 students. For the purpose of this study, it was assumed that two-thirds of parents participating in pick- up/drop-off activity will not park their vehicle and will utilize the north-south alley. Table 1 shows the traffic to be generated by weekday activities and Table 2 shows traffic to be generated by Saturday activities. Attachment 5 Page 24 of 78 SITE 52 5 ' 45 12 Figure: 5 Estimated Directional Distribution Kenig,Lindgren,O'Hara,Aboona,Inc. Des Plaines, Illinois School Little Bulgarian Job No: 18-260 N NOT TO SCALE A V E N U E P R AI RI E STREET THACKER LEGEND 00%- PERCENT DISTRIBUTION 2 5 % 50 % 2 5 % 5 5 % 2 0 % 25% 00'- DISTANCE IN FEET R O A D M A N N H E I M A L L E Y A t t a c h m e n t 5 P a g e 2 5 o f 7 8 Table 1 PEAK HOUR SITE-GENERATED TRAFFIC VOLUMES – OPERATOR INFORMATION Weekday Morning Peak Hour Weekday Evening Peak Hour Type/Size In Out Total In Out Total After School/Evening Student Programs (60 Children) 0 0 0 30 30 60 Adult Evening Classes (60 Participants) 0 0 0 30 0 30 Administrative Uses (5 Staff) 5 0 5 0 5 5 Total 5 0 5 60 35 95 Table 2 PEAK HOUR SITE-GENERATED TRAFFIC VOLUMES - KLOA SURVEYS Saturday Midday Peak Hour Type/Size In Out Total Saturday Morning Classes (80 Children/Session) 55 48 103 Attachment 5 Page 26 of 78 4. Projected Traffic Conditions The total projected traffic volumes include the existing traffic volumes, increase in background traffic due to growth, and the traffic estimated to be generated by the proposed subject school. School Traffic Assignment The estimated weekday morning, weekday evening, and Saturday midday peak hour traffic volumes that will be generated by the proposed school were assigned to the roadway system in accordance with the previously described directional distribution (Figure 5). The traffic assignment for the school is illustrated in Figure 6. Background Traffic Conditions The existing traffic volumes (Figure 4) were increased by a regional growth factor to account for the increase in existing traffic related to regional growth in the area (i.e., not attributable to any particular planned development). Based on AADT projections provided by the Chicago Metropolitan Agency for Planning (CMAP), the existing traffic volumes are projected to increase by a compound annual growth rate of 0.56 percent per year. As such, traffic volumes were increased by 3.4 percent (one-year buildout plus five years) to represent Year 2024 conditions. A copy of the CMAP projections letter is included in the Appendix. Total Projected Traffic Volumes The school-generated traffic was added to the existing traffic volumes accounting for background growth to determine the Year 2024 total projected traffic volumes, as shown in Figure 7. It should be noted that although the Saturday peak pick-up hour occurred mostly outside of the peak hour of adjacent roadway traffic, they were assumed to occur at the same times in order to provide a conservative analysis. Attachment 5 Page 27 of 78 SITE 45 12 Estimated Site-Generated Traffic Volumes Figure: 6 Kenig,Lindgren,O'Hara,Aboona,Inc. Des Plaines, Illinois School Little Bulgarian Job No: 18-260 N NOT TO SCALE A L L E Y A V E N U E P R AI RI E STREET THACKER [00] LEGEND 00 (00) - AM PEAK HOUR (7:30-8:30 AM) - PM PEAK HOUR (4:45-5:45 PM) - SATURDAY MIDDAY PEAK HOUR (12:45-1:45 PM) 0 ( 5 ) [ 8 ] 0 ( 1 5 ) [ 2 4 ] 1 (5) [9] 0 ( 4 ) [ 7 ] R O A D M A N N H E I M 0 ( 4) [ 4] 1 ( 9) [ 1 6]0 (1 0) [5] 0 ( 2 2) [ 1 0] 1 ( 8 ) [ 4 ] 0 ( 1 5) [ 1 6] 3 ( 1 1) [ 1 0] 0 ( 2 2) [ 1 0] 1 ( 4 0 ) [ 1 9 ] 0 ( 2 0 ) [ 3 6 ] A t t a c h m e n t 5 P a g e 2 8 o f 7 8 SITE 45 12 Figure: 7 Total Projected Traffic Volumes Kenig,Lindgren,O'Hara,Aboona,Inc. Job No: 18-260 Des Plaines, Illinois School Little Bulgarian N NOT TO SCALE A V E N U E P R AI RI E STREET THACKER [00] LEGEND 00 (00) 5 5 ( 1 0 0 ) [ 5 8 ] - AM PEAK HOUR (7:30-8:30 AM) - PM PEAK HOUR (4:45-5:45 PM) - SATURDAY MIDDAY PEAK HOUR (12:45-1:45 PM) 3 6 6 ( 1 5 8 ) [ 1 9 3 ] 9 ( 1 2) [ 8] 3 ( 2) [ 6] 5 7 ( 1 0 9 ) [ 8 3 ] 1 6 ( 2 5 ) [ 3 8 ] 1 4 9 ( 1 0 8 ) [ 9 0] 3 6 2 ( 2 6 2 ) [ 1 9 9 ] 52 (48) [45] 1 47 (21 8) [1 61] 3 0 ( 6 5 ) [ 3 7 ] 5 6 9 ( 6 1 5 ) [ 5 9 3 ] 7 ( 1 5) [ 5 9] 5 0 2 ( 3 6 0 ) [ 2 8 0 ] 7 ( 1 0) [ 6] 6 ( 4 ) [ 4 ] 0 ( 0 ) [ 1 ] 5 ( 7 ) [ 7 ] 3 ( 4) [ 2] 1 6 1 ( 2 5 5 ) [ 1 7 4 ] 1 3 ( 2 4) [ 2 2] 4 ( 3 ) [ 2 ] 0 ( 0 ) [ 0 ] 8 ( 1 3 ) [ 9 ] THACKER STREET @ ALLEY R O A D M A N N H E I M A L L E Y 0 ( 2 0 ) [ 3 6 ] 0 ( 1 5) [ 1 6] 1 ( 4 0 ) [ 1 9 ] 2 ( 1 0 ) [ 1 1 ] 7 6 9 ( 7 3 1 ) [ 7 0 9 ] A t t a c h m e n t 5 P a g e 2 9 o f 7 8 5. Traffic Analysis and Recommendations The following provides an evaluation conducted for the weekday morning, weekday evening, and Saturday midday peak hours. The analysis includes conducting capacity analyses to determine how well the roadway system and access drives are projected to operate and whether any roadway improvements or modifications are required. Traffic Analyses Roadway and adjacent or nearby intersection analyses were performed for the weekday morning, weekday evening, and Saturday midday peak hours for the existing (Year 2018) as well as future projected (Year 2024) traffic volumes. The traffic analyses were performed using the methodologies outlined in the Transportation Research Board’s Highway Capacity Manual (HCM), 6th Edition and analyzed using Synchro/SimTraffic 10 software. The analyses for the unsignalized intersections determine the average control delay to vehicles at an intersection. Control delay is the elapsed time from a vehicle joining the queue at a stop sign (includes the time required to decelerate to a stop) until its departure from the stop sign and resumption of free flow speed. The methodology analyzes each intersection approach controlled by a stop sign and considers traffic volumes on all approaches and lane characteristics. The ability of an intersection to accommodate traffic flow is expressed in terms of level of service, which is assigned a letter from A to F based on the average control delay experienced by vehicles passing through the intersection. The Highway Capacity Manual definitions for levels of service and the corresponding control delay for signalized intersections and unsignalized intersections are included in the Appendix of this report. Summaries of the traffic analysis results showing the level of service and overall intersection delay (measured in seconds) for the existing and Year 2024 total projected conditions are presented in Tables 3 through 5. A discussion of the intersections follows. Summary sheets for the capacity analyses are included in the Appendix. Attachment 5 Page 30 of 78 Table 3 CAPACITY ANALYSIS RESULTS MANNHEIM ROAD/LEE STREET WITH THACKER STREET – SIGNALIZED Peak Hour Eastbound Westbound Northbound Overall Left/Through Through Right L T R Ye a r 20 1 8 Ex i s t i n g C o n d i t i o n s Weekday Morning Peak Hour C 31.9 B 17.3 B 14.9 C 25.2 C 26.5 B – 16.7 Weekday Evening Peak Hour E 63.4 C 33.3 C 26.5 B 13.1 C 29.4 C – 32.3 Saturday Midday Peak Hour E 55.7 C 34.9 C 29.9 A 7.9 C 23.8 C – 33.8 Ye a r 20 2 4 Pr o j e c t e d C o n d it i o n s Weekday Morning Peak Hour C 29.4 B 15.1 B 13.4 C 27.0 C 26.2 B – 15.1 Weekday Evening Peak Hour D 49.1 C 27.3 C 21.7 B 17.5 C 27.4 C – 26.3 Saturday Midday Peak Hour E 56.3 C 32.2 C 28.3 A 8.9 C 24.6 C – 32.2 Delay is measured in seconds. Attachment 5 Page 31 of 78 Table 4 CAPACITY ANALYSIS RESULTS – EXISTING CONDITIONS - UNSIGNALIZED Weekday Morning Peak Hour Weekday Evening Peak Hour Saturday Midday Peak Hour Intersection LOS Delay LOS Delay LOS Delay Thacker Street with North-South Alley • Eastbound Left Turns A 7.6 A 7.8 A 7.6 • Westbound Left Turns A 8.6 A 8.0 A 7.8 • Northbound Approach C 15.3 B 11.9 B 11.2 • Southbound Approach B 11.9 B 10.8 B 10.0 Prairie Avenue with North-South Alley • Westbound Left Turns A 8.1 A 7.7 A 7.7 • Eastbound Approach B 11.0 A 9.9 A 9.7 LOS = Level of Service Delay is measured in seconds. Attachment 5 Page 32 of 78 Table 5 CAPACITY ANALYSIS RESULTS – PROJECTED CONDITIONS - UNSIGNALIZED Weekday Morning Peak Hour Weekday Evening Peak Hour Saturday Midday Peak Hour Intersection LOS Delay LOS Delay LOS Delay Thacker Street with North-South Alley • Eastbound Left Turns A 7.6 A 7.9 A 7.8 • Westbound Left Turns A 8.7 A 8.0 A 7.9 • Northbound Approach C 15.9 B 12.4 B 12.5 • Southbound Approach B 12.2 B 11.1 B 10.6 Prairie Avenue with North-South Alley • Westbound Left Turns A 8.1 A 7.7 A 7.7 • Northbound Approach B 11.0 B 10.0 B 10.7 Mannheim Road/Lee Street with the Proposed Access • Eastbound Approach -- -- B 10.9 B 10.6 LOS = Level of Service Delay is measured in seconds. Attachment 5 Page 33 of 78 Discussion and Recommendations The following summarizes how the intersections are projected to operate and identifies any roadway and traffic control improvements necessary to accommodate the school-generated traffic. Mannheim Road/Lee Street with Thacker Street The results of the capacity analyses indicate that the intersection currently operates at Level of Service (LOS) C during the weekday morning, weekday evening, and Saturday midday peak hours. Under future conditions, the intersection is projected to continue to operate at the same LOS with an increase in delay of one second or less. It should be noted that the eastbound approach currently operates and is projected to continue to operate at LOS E during the weekday evening peak hour. However, the proposed school is not projected to add any traffic to this approach and it will continue to operate at the same LOS with an increase in delay of less than one second during the evening peak hour. As such, this intersection has sufficient reserve capacity to accommodate the school-generated traffic and no roadway improvements or signal modifications are required at this intersection. Thacker Street with the North-South Alley The results of the capacity analyses indicate that the northbound approach currently operates at LOS C or better during the weekday morning, weekday evening, and Saturday midday peak hours and the southbound approach operates at LOS B during all three peak hours. Under projected conditions, both approaches are projected to continue to operate at the same LOS with increases in delay of less than one second. Further, the eastbound and westbound left-turning movements operate and are projected to continue to operate at LOS A during the weekday morning, weekday evening, and Saturday midday peak hours. As such, the proposed school traffic will have a limited impact on the operations of this intersection and no roadway or traffic control improvements will be required. Prairie Avenue with the North-South Alley The results of the capacity analyses indicate that the northbound approach operates at LOS B or better during the weekday morning, weekday evening, and Saturday midday peak hours and is projected to continue to operate at LOS B with an increase in delay of less than one second. Further, the westbound left-turning movement is projected to operate at LOS A during all three peak hours. As such, the proposed school will have a limited impact on the operations of this intersection and no roadway or traffic control improvements will be required. Lee Street with the Proposed Right-In/Right-Out Access Drive The results of the capacity analysis indicate that outbound movements from the proposed access drive onto Lee Street are projected to operate at LOS B or better during the weekday m orning, weekday evening, and Saturday midday peak hours with 95th percentile queues of one to two vehicles. As such, this access drive will be adequate in accommodating the traffic projected to be generated by the proposed development and will ensure efficient and flexible access is provided. Attachment 5 Page 34 of 78 6. Conclusion Based on the preceding analyses and recommendations, the following conclusions have been made: • The proposed school, given its size and type, will generated a limited amount of traffic during the weekday peak hours. • The staggered schedule of the Saturday morning classes will serve to distribute traffic over a longer time period and reduce traffic generated during any one peak hour. • The modified existing parking lot and the proposed parking lot, in conjunction with the adjacent Immanuel Lutheran Church, will sufficiently accommodate the school’s parking demands. • The use of the alley for drop-off and pick-up activity with cars entering off Thacker Street and exiting onto Prairie Avenue will ensure efficient operation, reducing traffic conflicts and backups. Attachment 5 Page 35 of 78 Attachment 6 Page 36 of 78 Attachment 6 Page 37 of 78 Attachment 6 Page 38 of 78 Attachment 6 Page 39 of 78 Attachment 6 Page 40 of 78 Attachment 6 Page 41 of 78 Attachment 6 Page 42 of 78 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org April 24, 2019 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, 820-848 Lee Street, 19-015-CU, 2nd Ward RE: Consideration of: i) Conditional Use under Section 12-7-3(K) to operate a Commercially Zoned Assembly Use, Meeting House-Cultural Center, ii) a Conditional Use under Section 12-7-3(K) to operate a Private School, and iii) a Major Variation for off street parking under Code Section 12- 9-7 of the 1998 Zoning Ordinance, as amended. Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on April 23, 2019 to consider a Conditional Use under Section 12-7- 3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use – Meeting House-Cultural Center, a Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Private School, and a Major Variation for off street parking under Code Section 12-9-7 of the 1998 Zoning Ordinance, as amended for the properties at 820-848 Lee Street. 1. The petitioners presented the proposal of reactivating the Immanuel Lutheran School building with a new private school and cultural center for their organization called, ‘The Little Bulgarian School’. The goal of the organization is to provide cultural enrichment activities and a variety of classes to children from grades 1 through 12. Additionally, they offer adult education classes, various after- work and after-school events and will initiate community services such as a food pantry. The architect, traffic engineer and civil engineer talked in detail about the proposed improvements to the site and the flow of traffic for drop offs and how vehicles will generally enter and exit into the property. 2. The Planning and Zoning Board Members asked about the following elements: drainage on the site due to the new parking lot, summer school classes and activities, the use of the two homes that the petitioner is purchasing, dropping off students and about the traffic going into the alley. The petitioner, architect, civil engineer and traffic engineer addressed all questions and items. With regards to the drainage, the civil engineer discussed the rain garden, storm sewer improvements and the proposed grading to accommodate storm water runoff. There will be summer school classes, but not until at least 2020. The petitioner is going to rent the houses back to Immanuel Lutheran Church as they have no need to occupy these buildings at this time. A thorough discussion was held on drop offs. The traffic engineer and architect explained why the current design would have the least amount of impact on the roadway network and allow for drop offs in an efficient manner. The traffic engineer acknowledged that certain traffic will go to through the alley, but this gives drivers an opportunity to utilize Lee Street, Prairie Avenue and Thacker Street in a dispersed manner which will not create an intense traffic generation on any one given road. A Trustee for Immanuel Lutheran Church spoke about the two homes as they are requesting to have these homes rented for their pastor and clergy. 3. The Community and Economic Development Department summarized the report and recommended approval of the request with several conditions to ensure that there is little impact to the surrounding properties. For instance, there is a condition if an expansion of either use takes place, the petitioner will have to apply for a Conditional Use Amendment. Attachment 7 Page 43 of 78 4. No one from the public spoke on this case. 5. The Planning and Zoning Board recommended (7-0) that the City Council approval of the request with the conditions found in the staff report. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials/Aldermen Attachment 7 Page 44 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 2 The petitioner is requesting a Conditional Use Permit Amendment to Ordinance Z-16-01 under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, for the existing Motor Vehicle Sales and Auto Service Repair use in the C-3 General Commercial District allow for the sale of six (6) more automobiles on site for a total of ten (10) vehicles. PIN: 09-20-214-002-0000 Petitioner: Louis Capozzoli, 1484 Miner Street, Des Plaines, IL 60016 Owner: MD and SD, LLC, 15 N. Waverly Place, Mount Prospect, IL 60056 Coordinator Ainsworth advised that Staff and the Petitioner are asking for a continuance. A motion was made by Board Member Schell, seconded by Board Member Catalano, to move this case to the June 11, 2019, PZB Meeting. AYES: Schell, Catalano, Bader, Fowler, Hofherr, Saletnik, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised this case is continued to the June 11, 2019, PZB Meeting. PUBLIC HEARING NEW BUSINESS 2. Address: 820-848 Lee Street Case 19-015-CU-V The petitioner is requesting the following items: i) a Conditional Use as an Commercially Zoned Assembly Use to operate a meeting house-cultural center under Section 12-7-3.K. of the 1998 Des Plaines Zoning Code, as amended; ii) a Conditional Use Private School, Elementary and High School under Section 12-7-3.K. of the 1998 Des Plaines Zoning Code, as amended; and iii) a Major Variation for the off-street parking spaces under Code Section 12-9-7 of the 1998 Des Plaines Zoning Code, as amended. PINs: 09-17-425-029, -030, -031, -032 & -033 Petitioner: George Petrov, Little Bulgarian School, 410 Charing Cross Rd., Elk Grove Village, IL 60007 Owner: Immanuel Lutheran Church, 855 Lee St, Des Plaines, IL 60016 Attachment 8 Page 45 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 3 Chairman Szabo swore in George & Evelina Petrov, Little Bulgarian School, 410 Charing Cross Rd., Elk Grove Village, IL; Thomas A. Meyer, Architect, Ansteigen Design Information Services Co., 40W477 Atchison Drive, Hampshire, IL; Javier Millan, Senior Consultant, KLOA, 9575 W. Higgins Road, Suite 400, Rosemont, IL; & Andrew R. Kustusch, PE, CFM, Environmental Engineer, Engineering Resource Associates, 3S701 West Avenue, Suite 150, Warrenville, IL. Mr. Petrov stated his organization has been in existence since 2005-2006. He advised the school began with 6 children; there are now 600. There are 3 locations – 2 in Elk Grove, 1 in Mt. Prospect. Mr. Petrov noted they wish to move the Mt. Prospect location, with 98 children, along with 20 children in Des Plaines. Mr. Petrov advised they are renting space for their school books; parents are housing supplies in their homes. In addition to Saturday & Sunday, they wish to host dance, math, & after-school classes and activities. Mr. Petrov stated he wishes to bring new life to a beautiful building in Des Plaines; his organization has been working with the City Staff, Engineers, etc.; believes this will be a great asset to the community. He noted some businesses have spun-off from this school: • Guitar lessons • Bakery Mr. Petrov advised they have been working with two restaurants – some providing lunch for 600 children in their schools. The development of bi-lingual children is now 45 children. The major location is Elk Grove High School. Steps were taken to improve safety (volunteers assist in this manner; wear red vests). Mr. Petrov wishes to thank City Staff for its guidance (since June-July of 2018). On a personal note, he stated his daughter is a junior and seeking college options. Some children are not thinking of that. A program was started (through their main architect) to close the gap with high school students vs. professional development. Classes are successful; hands-on business experiences are forthcoming for the children. Mrs. Petrov stated she is the Coordinator of Outreach & the President of the schoolchildren. She brought forth a child who was born and raised in Des Plaines and one who will learn their culture. Attachment 8 Page 46 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 4 Mr. Meyer, architect, offered a PowerPoint presentation: • Existing conditions; purchasing 5 parcels; Immanuel Lutheran Church owns parcel #6. Illustrations were shown. • Proposed Facility Use/Floor Plans (elevation is offset); all for education purposes. Times, classes were identified. Immanuel Lutheran Church rents space on Wednesday nights and will remain that way. • Proposed Site Design/Parking/Traffic Flow • Landscape Plan Board Member Fowler asked: • what is proposed for signage. Mr. Meyer stated the Immanuel Lutheran sign would remain. Coordinator Ainsworth stated there would be a monument sign on the northeast corner of building; Mr. Meyer will review same. Codes would have to be met. • what would become of Immanuel Lutheran Church. Chairman Szabo swore in audience member, Robert Desiron, 1543 E. Walnut, who stated the school was closed in 2015 and since rented. He noted the church is still active. The Pastor & Deacon lived at the homes. • if there are plans to sell. It was noted the Little Bulgarian School is being sold. Coordinator Ainsworth stated they are buying the grassy lot to the north of the building. Chairman Szabo asked if anyone else is present from Immanuel Lutheran Church. Mr. Desiron advised there is. He noted he would swear them in if needed. Mr. Millan introduced himself and advised a traffic study was conducted on Tuesday, November 13, 2018. Peak hours were noted. There would be weekday and afternoon programs for 40-60 children. There will be two classes – 9 a.m.-1 p.m. and 11 a.m.-3 p.m. Activities are happening outside of peak hours. There are two curb cuts that would be consolidated on Lee Street and two provided on the north-south alley. Children from the Mt. Prospect School were counted (for a larger population). Mr. Millan explained the process and offered results. He noted everything would operate well. There are 63 off-street parking spaces and an additional 28 spaces at Immanuel Lutheran Church’s south parking lot. Parking that’s provided would be sufficient. Mr. Kustusch, civil engineer introduced himself and advised there are 63 parking spaces. He noted emergency vehicles would be accommodated as well as access points indicated. The grassy part of the site drains from south to north. A drainage permit will be sought from IDOT. Storm sewers will be utilized on Lee Street and the alley. There will be rain-storage and underground-storage systems. Chairman Szabo asked: Attachment 8 Page 47 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 5 • if there is detention under the parking lot. Mr. Kustusch stated – no, but best practice management are being used such as bio-swales/rain gardens • how much water is held before it’s released. Mr. Kustusch advised – he is not sure, but it will meet MWRD requirements Board Member Schell asked what the best management practice is. Mr. Kustusch stated – they will drain all portions through to the designated drainage areas (through 12-18 inches of soil and underneath); an underdrain would be used and possibly a restrictor. The site then releases slowly. The Metro Water Reclamation District has a 3-year maintenance and monitoring system (as Coordinator Ainsworth noted). These are perennial plants; thriving native plants. Native plants absorb water faster than turf; it is assured the garden will be built correctly. Chairman Szabo asked if there are further questions. Board Member Hofherr asked/stated: • if most of the students would be dropped off in the back at the alley. Mr. Meyer advised – yes • if students would be dropped off from the street. Mr. Meyer advised – there will only be drop-offs allowed at the west side of the building • there was a good amount of traffic today in the alley. Coordinator Ainsworth stated there’s an increase of cars due to the closing of River Road. Mr. Meyer stated – the objective is to move everyone northward (on Saturdays, Sundays, and evenings). There will be a traffic team guiding people. Everything would be diverted to the west side. Mr. Millan stated he saw today that Lee Street traffic has increased. It was suggested to create two separate drop-offs and pick-ups -- for younger and older children. He reiterated classes are 9 a.m.-1 p.m. and 11 a.m.-3 p.m. He stated one would not impact the other. Board Member Hofherr noted residents are also coming in and out. Mr. Millan stated this has been taken into consideration. Board Member Schell stated, due to moving vans, etc., it would be a challenging traffic flow. Mr. Millan stated the alley is 22 ft. wide. Board Member Catalano stated in addition to the left-in/left-out, the 28 additional parking spaces could be used. It was noted the engineering study effectively addressed drop-offs and children’s safety. Mr. Millan stated this would involve educating parents. Attachment 8 Page 48 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 6 Board Member Fowler asked: • if there would be a summer school. Mr. Petrov stated – yes, but not this year. He advised math and other classes begin at 9, 10, and 11 a.m. Some students would leave the school, and some would remain until after school. He stated he is involved with directing traffic at the Elk Grove School. • what the ages of the children are. Mr. Petrov advised – Pre-K through 10th – 12th grades. Coordinator Ainsworth asked Petitioner to elaborate on carpooling. Mr. Petrov noted most parents have 2 or 3 children. He stated carpooling exists. Chairman Szabo asked Staff to provide the Staff Report which Coordinator Ainsworth did: Issue: The petitioner is requesting three items: i) a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Commercially Zoned Assembly Use, Meeting House-Cultural Center, ii) a Conditional Use under Section 12-7-3(F)3 of the 1998 Des Plaines Zoning Ordinance, as amended, to operate a Private School, and iii) a Major Variation for off street parking under Code Section 12-9-7 of the 1998 Zoning Ordinance, as amended. Analysis: Address: 820-848 Lee Street Owners: George Petrov, Little Bulgarian School, 410 Charing Cross Road, Elk Grove, IL 60007 Petitioner: Immanuel Lutheran Church, 855 Lee Street Des Plaines, IL 60016 Case Number: 19-015-CU-V Real Estate Index Numbers: 09-17-425-029, -030, -031, -032 & -033 Ward: #2, Alderman Jack Robinson Existing Zoning: C-5 Central Business District Existing Land Use: School building (vacant) and two single family homes Surrounding Zoning: North: C-5 Central Business District South: C-5 Central Business District Attachment 8 Page 49 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 7 East: R-4 Central Core Residential, C-5 Central Business District West: C-5 Central Business District Surrounding Land Use: North: Office Building South: Office Building East: Townhomes and Religious Use West: Condominiums Street Classification: Lee Street is an arterial street. Comprehensive Plan: The Comprehensive Plan designates the site as Institutional. Project Description: The petitioner, Mr. George Petrov, is representing the Little Bulgarian School and is requesting three items: i) a Conditional Use Permit to operate a Commercially Zoned Assembly Use – Meeting House-Cultural Center, ii) a Conditional Use for a Private School, and iii) a Major Variation for the off-street parking requirement. The petitioner’s organization is under contract to purchase several parcels and buildings from the current owner, Immanuel Lutheran Church, which contains three buildings including the former Immanuel Lutheran School at 832 Lee Street (currently vacant) and two single-family houses at 842 and 848 Lee Street. The former Immanuel Lutheran School is the building that the Little Bulgarian School (LBS) organization is proposing to occupy. The two single family houses will remain as-is. If LBS becomes the owner of these two homes, they will be rented back to Immanuel Lutheran Church. The remaining parcels under contract consists of a small 13-space parking lot and a grassy field to the north of the vacant building at 832 Lee Street. The entire purchase entails 1.42 acres of land. Note, future expansion of any Commercially Zoned Assembly or a Private School in either structure will result in an amendment to such an Ordinance. Commercially Zoned Assembly Use is a new land use that was added to the Des Plaines Zoning Ordinance in 2018. The definition of Commercially Zoned Assembly Use is provided below for reference: Attachment 8 Page 50 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 8 COMMERCIALLY ZONED ASSEMBLY USES: A use that is primarily for the purpose of the assembly of people, which can contain a combination of uses that take place in both principal and accessory structures. Such uses include: commercial theater, banquet halls, nightclubs, church, synagogue, temple, meeting house, mosque, or other place of worship. For allowable accessory uses, refer to the specific land uses defined in this Chapter. Such uses shall adhere to the off street parking requirements under “Assembly Use”. The petitioner’s organization is proposing to insert a variety of uses into the former Immanuel Lutheran School building (see Attachment #1 for all proposed activities). The primary use will be a meeting house-cultural center that will serve the members of the Little Bulgarian School organization and then contain private school lessons to pupils in the 1st through 12th grade. The school use is only taking place on Saturdays and Sundays as shown in Attachment #5. Since the building at 832 Lee Street is being reactivated with a school and a commercially zoned assembly use, the current parking standards for Zoning Ordinance Code Section 12-9-7 applies. Additionally, since there are two uses proposed for the building at 832 Lee Street, a variable parking requirement is being applied with the categories identified below: Assembly uses: Residentially zoned assembly uses and commercially zoned assembly uses shall have the following parking requirements applied in each specific use within the zoning lot. If the use is not listed below, then refer to the regulations from other portions of the off street parking requirement matrix: Attachment 8 Page 51 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 9 Community centers, banquet halls and membership organizations 1 space for every 200 square feet of gross activity area Schools: Elementary 1 space for each classroom, plus 1 space per 200 square feet of area devoted to offices High school 1 space for each classroom, plus 1 space per 200 square feet of area devoted to offices, plus 1 space for every 6 students based on maximum enrollment Since the proposed private school will consist of high school-aged students, the more restrictive off street parking requirement for schools apply. The off-street parking calculation for the proposed parking is as found in the chart below: Type of Use Unit of Measurement Required Spaces Assembly Use 3,147 sf 20 spaces Office (downtown) 761 sf 1.5 spaces Primary School 10 classrooms 51.9 spaces Total Required Parking = 73 spaces The 73 required spaces could not be accommodated on the subject parcels. A Major Variation for the required off street parking is required – the request is to reduce the required parking from 73 to 63 spaces. The petitioners are proposing to construct a brand new 63 off street parking lot by utilizing the Attachment 8 Page 52 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 10 grassy area as well as resurfacing several other portions of the property to accommodate new off street parking. The new parking lot will contain curb and gutter improvements, bio- swales, extensive landscaping and parking lot lighting that will comply with applicable codes. Moreover, the petitioner is proposing to reduce the curb cut count onto Lee Street from two to one. A condition has been added to this staff report to add enhancements to this curb cut to restrict vehicles from entering Lee Street in the wrong direction. Note, an active off street parking lease agreement has been entered into between the purchase contractors and the current owners to utilize 28 parking spaces immediately south of 848 Lee Street at non-church related times which exceeds the deficit of the requested ten spaces for the variance. Per the supplemental parking agreement for the lot south of 848 Lee Street, the petitioner will be allowed these parking spaces when they are not in use by Immanuel Lutheran Church participants. Please see Attachments #6 and #7 for the Traffic Study and the Supplemental Parking Lease Agreement. The Traffic Study, conducted by KLOA, discusses the trip generation, traffic flow and times of peak traffic for the proposed development. Staff Review As part of the application review process, the following departments reviewed the proposed preliminary drawings: Fire Prevention, Building Division, Public Works and Engineering, and Community and Economic Development. The applicant worked with staff to incorporate the comments and reduce any potential impact on surrounding properties and to advance the public health, safety and welfare. All staff review comments have been or will be incorporated into the drawings and/or conditions associated with this application. 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: Attachment 8 Page 53 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 11 A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Commercially Zoned Assembly Use and a Private School are listed as Conditional Uses, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the C-5 Central Business District. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The proposed use of the site is office, assembly use and as a private school. The Future Land Use Map found in the Comprehensive Plan designates this site as Institutional. The proposed use fits the institutional designation of this property and advances the goals of the Comprehensive Plan’s of embracing diversity as the petitioner is proposing to open a cultural institution and private school to emphasizing the Bulgarian culture. 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 petitioner proposes to maintain the existing building. Additionally, no expansion of the building is being proposed at this time. As such, the proposed Conditional Uses will be harmonious and appropriate in appearance as no changes are being proposed. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner proposes to reactivate the building for a variety of uses including offices, educational services, recreational activities and other related aspects as identified in the application. These activities are spread throughout the week which will not be hazardous or disturb the existing neighbors. Additionally, a comprehensive traffic study has been provided by KLOA and is attached to this report to identify the trip generation, parking demand and traffic flow. The petitioner is also entering into a parking agreement with Immanuel Lutheran School in order to accommodate the gap in parking. 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: Attachment 8 Page 54 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 12 Comment: The existing office building has been adequately served by essential public facilities and services. The proposed use will also be adequately served by essential public facilities and services. Public Works, Engineering, Fire Prevention, Building and Zoning have been consulted on the proposed use and improvements. All proposed items have either been satisfied with adequate capacity in services or conditions have been placed with this staff report to ensure the minimization of any potential impact onto adjacent properties. 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 Commercially Zoned Assembly Use and Private School will not create excessive additional requirements at the public expense as the petitioner plans to use the existing building and property. The proposed Conditional Use will not be detrimental to the economic well-being of the community. A condition is being added to the application to ensure a supplemental parking lease agreement will be in place for the life of the uses. 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 Commercially Zoned Assembly Use and Private School will have activities dispersed throughout the entire week with most activities generally occurring during non-peak rush hours such as Saturdays and week nights. As such, it is determined that there will not be any detriment to the public or to adjoining properties. Moreover, conditions have been placed with this report to ensure minimal impact to adjoining properties. 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 Commercially Zoned Assembly Use and Private School will not create an interference with traffic on surrounding public thoroughfares. According to the attached Traffic Study conducted by KLOA the traffic will be dispersed throughout the week and most of the traffic generated will occur during non-rush hours. Therefore, the proposed use will not interfere with traffic and the surrounding road network. Attachment 8 Page 55 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 13 I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed Commercially Zoned Assembly Use and Private School will not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The proposed uses are during non-peak rush hours and each use will generally occur when the office and religious uses are not in use. The petitioners are utilizing the existing vacant school which was originally constructed in approximately 1930. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Commercially Zoned Assembly Use meets the requirements of the Zoning Ordinance for the C-5 Central Business District. The petitioners are applying for a Major Variation for off street parking. However, the petitioners are adding approximately 50 more off street parking spaces than what currently exists. Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. Hardship: No variation shall be granted unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty. Comment: The petitioner has designed the properties to incorporate as many off street parking spaces as the property can hold in addition to accommodating for off street parking lot landscaping, proper drainage, circulation and designing for the City’s largest fire truck. The petitioner has supplied a parking license agreement for the gap in the spaces as well as additional spaces past what is required. B. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a Attachment 8 Page 56 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 14 mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot. Comment: The property was originally constructed in 1930 which contains an inadequate number of parking spaces to meet the current Zoning Ordinance off street parking requirement for both a Commercially Zoned Assembly Use and a Private School. There is a unique physical condition with the land as the remaining open space is quite limited in order to construct a 73 space off street parking lot. The petitioner is proposing to construct 64 off street parking spaces, a deficit of 10 off street parking spaces. C. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title. Comment: The physical condition of the existing building and limited remaining open space resulted in a situation that was not created by the petitioner. D. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision. Comment: If the variation is not granted to the applicant, then the applicant’s project may not move forward despite the notion that the petitioner is trying to reactivate the former Immanuel Lutheran School with another Private School and add a Commercially Zoned Assembly Use – Meeting House-Cultural Center to the same building. The property may not be able to accommodate all off street parking; however, the petitioner is compensating for the shortage with a lease agreement for more parking with Immanuel Lutheran Church. E. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot. Comment: Granting the requested variance for off street parking will not be granting a special privilege to the applicant and this not an opportunity for the petitioner to make more money from the use of the subject lot as the petitioner’s organization is a non-profit 501(c)3 organization. Attachment 8 Page 57 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 15 Additionally, petitioner is proposing to reactivate the vacant school property as a Private School and Bulgarian Cultural Center. F. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan. Comment: The proposed project will meet the intent of the 2019 Comprehensive Plan as the site is identified as Institutional. The petitioner is proposing to reactive a former school with a new school and cultural center. While the proposed variation is for off street parking, the use of the site will be in harmony with the Zoning Ordinance as the petitioner is not proposing to physically expand the subject building and result in a more intense use. Additionally, the off peak times that the building will be utilized will assist with minimal traffic disruption to the surrounding areas. G. No Other Remedy: There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot. Comment: The petitioners have utilized the maximum amount of land that can be reasonably accommodated for the new off street parking lot. However, the petitioners could not accommodate the required 73 off street parking spaces entirely on site so there is a supplemental parking lease with Immanuel Lutheran Church to provide more parking spaces than just the 10 parking space deficit. A condition has been added to this staff report to ensure that the parking lease remains active for the life of the conditional use. H. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this title. Comment: The petitioner has proposed as many parking spaces that can be accommodated on the site and meet all other applicable codes. The extent of the variation has been reduced to the maximum extent possible and the gap in parking spaces provided is being supplemented by the off street parking lease. Recommendation: I recommend approval of the Conditional Use Permit for the operation of a Commercially Zoned Assembly Use, Conditional Use for a Private School and a Major Variation for Attachment 8 Page 58 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 16 Off Street Parking at 820-848 Lee Street based on a 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, as amended, subject to the following conditions: 1. That the conditional uses for Commercially Zoned Assembly Use and for a Private School be strictly assigned to the building at 832 Lee Street. 2. Any expansion for any other proposed use shall require the property owner/applicant to obtain an amendment to the Conditional Use Permit. 3. That the property shall only be used as a Commercially Zoned Assembly Use and for a Private School for the following activities: a. Community services; b. Recreational and social activities that complies with all applicable codes; c. Private school and adult education lessons; and d. Office uses directly related to Little Bulgarian School Organization. 4. The south radius of the proposed Lee Street driveway shall be a five foot radius to visually reinforce the one-way northbound flow of Lee Street. A “No Right Turn” sign shall be installed on the private side of the property line adjacent to the Lee Street curb cut to prevent wrong way traffic. These items shall be shown on future engineering drawings. 5. The curb cuts being closed on Lee Street shall be restored to the City of Des Plaines and IDOT specifications, including the abutting streetscape. 6. That the maximum number of people gathering in any space exceeds the maximum occupancy load prescribed by the Fire Protection Department. 7. Any food service preparation for any member shall come from a commercial grade kitchen. 8. The petitioner shall maintain the parking lease agreement for the life of the uses. Any amendment to the parking lease agreement shall be approved by the Director of Community and Economic Development. If the active parking lease agreement is terminated, the petitioner shall enter into a new parking lease agreement for at least 10 parking spaces within 30 days of the active parking lease termination. 9. Drawings submitted for permit shall be in substantial compliance with the attachments except where amendments are needed to comply with all applicable codes. Planning and Zoning Board Procedure: Under Section 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) and Section 12-3-5(G) (Procedure for Review and Decision for a Major Variation) 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 Permits for a Commercially Zoned Assembly Use and a Private School and for a Major Variation under Section 12-3-5 for Off Street Parking for the properties at 820-848 Lee Street. The City Council has final authority on the proposal. Attachment 8 Page 59 of 78 Case #19-007-CU 1065 Lee Street Conditional Use Permit Case #19-015-CU-V 820-848 Lee Street 2 Conditional Uses & Major Variations Case #19-021-V-CU-MAP 1274 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations Case #19-020-V-CU-MAP 1266 Rand Road MAP Amendment, Conditional Use Permit, & Major Variations April 23, 2019 Page 17 Board Member Catalano asked if Petitioner is aware of the 9 Conditions or has concerns. Mr. Petrov advised – yes, and he does not. Chairman Szabo asked if anyone in the audience is in favor of this proposal. Approximately 22 people raised their hands. He asked if anyone objects. No one responded. Chairman Szabo asked if anyone in the audience wishes to speak. No one responded. He asked the Board if there are further questions. There was none. Board Member Catalano asked if these should be moved together or separately. Coordinator Ainsworth stated altogether is fine. A motion was made by Board Member Catalano, seconded by Board Member Fowler, to recommend approval to City Council for the 3 requests with 9 Conditions. AYES: Catalano, Fowler, Bader, Hofherr, Saletnik, Schell, & Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo stated a favorable recommendation would be submitted to City Council. Coordinator Ainsworth advised this would be on the May 20, 2019, agenda. 3. Address: 1274 Rand Road Case 19-021-V-CU-MAP The petitioner is requesting the following items: i) a Map Amendment under Section 12-3-7 of the 1998 Des Plaines Zoning Code, as amended, to rezone the property from C-3 General Commercial to M-2 General Manufacturing; ii) a Conditional Use Permit under Section 12-7-4(G) of the 1998 Des Plaines Zoning Code, as amended, to allow for a Recycling Center business in the M-2 district; and iii) Major Variations under Section 12-7-4(H) of the 1998 Des Plaines Zoning Code, as amended, for the structure(s). PINs: 09-17-200-068 & -115 Petitioner: Jason Doland, Doland Engineering, 334 E. Colfax Street, Unit C, Palatine, IL 60067 Owner: Robert Katz, 1274 Rand Road LLC, 1274 Rand Road, Des Plaines, IL 60016 Attachment 8 Page 60 of 78 CITY OF DES PLAINES ORDINANCE Z - 12 - 19 AN ORDINANCE GRANTING CONDITIONAL USE PERMITS AND A MAJOR VARIATION AT 820-848 LEE STREET, DES PLAINES, ILLINOIS (CASE #19-015-CU-V). WHEREAS, George Petrov, on behalf of the Little Bulgarian School, ("Petitioner") is the contract purchaser of that certain property commonly known as 820-848 Lee Street, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located within the C-5, Central Business District ("C- 5 District") and is currently improved with a two-story masonry building (“School Building”), two single-family homes (“Single-Family Homes”), and an off-street parking area; and WHEREAS, Immanuel Lutheran Church (“Owner”) is the owner of the Subject Property; and WHEREAS, Petitioners desires to operate (i) a commercially zoned assembly use and a private school for high school students within the School Building on the Subject Property; and (ii) lease; and WHEREAS, pursuant to Section 12-7-3.H and 12-7-3.K of the Zoning Ordinance of 1998, as amended (“Zoning Ordinance”) commercially zoned assembly uses and private schools are permitted in C-5 Districts only with conditional use permits; and WHEREAS, Section 12-9-7 of the Zoning Ordinance requires: (i) commercially zoned assembly uses to provide one parking space for every 200 square feet of gross activity area; and (ii) private high schools to provide one parking space per classroom, plus one parking space per 200 square feet of area devoted to offices, plus one parking space for every six students based on maximum enrollment for a private school; and WHEREAS, Petitioner and Owner have entered into a parking lease agreement (“Parking Lease Agreement”), pursuant to which Petitioner may use up to 28 parking spaces in the parking lot immediately south of 848 Lee Street, which is also owned by Owner; and WHEREAS, Petitioner submitted an application to the City of Des Plaines Department of Community and Economic Development ("Department") for: (i) a conditional use permit to allow the operation of a commercially zoned assembly use on the Subject Property, in accordance with Sections 12-7-3.K and 12-3-4 of the Zoning Ordinance; (ii) a conditional use permit to allow the operation of a private school on the Subject Property, in accordance with Sections 12-7-3.K and 12-3-4 of the Zoning Ordinance (collectively, (i) and (ii) are the "Conditional Use Permits") and (iii) a major variation from Section 12-9-7 of the Zoning Ordinance to reduce the number of parking spaces to 63, where 73 parking spaces are required ("Major Variation") (collectively (i) through (iii) are the “Requested Relief”); and Page 61 of 78 WHEREAS, the Petitioner’s application were referred by the Department to the Planning and Zoning Board of the City of Des Plaines ("PZB") within 15 days after the receipt thereof; and WHEREAS, within 90 days from the date of the Petitioner’s applications a public hearing was held by the PZB on April 23, 2019 pursuant to notice published in the Journal on April 3, 2019; 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 PZB 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 PZB filed a written report with the City Council on April 24, 2019, summarizing the testimony and evidence received by the PZB and stating the PZB's recommendation, by a vote of 7-0, to approve the Petitioner's applications subject to certain terms and conditions; and WHEREAS, the Petitioner made certain representations to the PZB with respect to the Requested Relief, 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 Permits and Major Variation; and WHEREAS, the City Council has considered the written report of the PZB, 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 April 30, 2019, 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: THE NORTH ½ OF LOT 8 AND THE SOUTH 25 FEET OF LOT 7, ALL IN BLOCK 4 IN PARSON AND LEE’S ADDITION TO DES PLAINES, A SUBDIVISION IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Page 62 of 78 PARCEL 2: THE SOUTH ½ OF LOT 8 IN BLOCK 4 IN PARSON AND LEE’S ADDITION TO DES PLAINES, A SUBDIVISION IN SECTION 17 AND 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: LOT 8 LOT 8 IN BLOCK 4 IN PARSON AND LEE’S ADDITION TO DES PLAINES, A SUBDIVISION IN SECTION 17 AND 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4: LOT 10 IN BLOCK 4 EXCEPT THE SOUTHWESTERLY 40 FEET THEREOF, IN PARSON AND LEE’S ADDITION TO DES PLAINES, A SUBDIVISION IN SECTION 17 AND 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5: THE SOUTHWESTERLY 40 FEET OF LOT 10 IN BLOCK 4 IN PARSON AND LEE’S ADDITION TO DES PLAINES, A SUBDIVISION IN SECTION 17 AND 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 09-17-425-029-0000, 09-17-425-030-0000, 09-17-42-031-0000, 09-17- 425-032-0000 & 09-17-425-033-0000 Commonly known as 820-848 Lee Street, Des Plaines, Illinois. SECTION 3. CONDITIONAL USE PERMITS. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 5 of this Ordinance, the City Council grants the Petitioner the Conditional Use Permits to allow the following on the Subject Property: (i) the operation of a commercially zoning assembly; and (ii) the operation of a private school. The Conditional Use Permits granted by this Ordinance are 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. MAJOR VARIATION. The City C ouncil 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, that the Major Variation is otherwise necessary and appropriate. Subject Page 63 of 78 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 from Section 12-9-7 of the Zoning Ordinance to reduce the required number of parking spaces on the Subject Property from 73 to 63. SECTION 5. CONDITIONS. The Conditional Use Permits granted in Section 3 and the Major Variation granted in Section 4 of this Ordinance shall be, and are 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. Except for minor changes and site work approved by the City Director of Community and Economic Development or Director of Public Works and Engineering (for matters within their respective permitting authorities) in accordance with all applicable City standards, the development, use, operation, and maintenance of the Subject Property by the Petitioner must comply with the following plans provided by Petitioner: 1. Geometry Plan, prepared by Engineering Resource Associates, Inc., consisting of one sheet, and dated March 2019, a copy of which is attached to, and by this reference, made a part of, this Ordinance as Exhibit A; and 2. Planting Plan, prepared by Engineering Resource Associates, Inc., consisting of one sheet, and dated April 2019, a copy of which is attached to, and by this reference, made a part of, this Ordinance as Exhibit B; and 3. Project Narrative, prepared by the Board of Directors of the Little Bulgarian School, consisting of five sheets, dated April 2019, a copy of which is attached to, and by this reference, made a part of, this Ordinance as Exhibit C (collectively, Exhibits A through C are the “Plans”). Page 64 of 78 B. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. The operation of the commercially zoned assembly and private school uses shall be located only within the School Building at 832 Lee Street. The Single-Family Homes shall not be used for commercially zoned assembly or private school uses. 2. Any expansion for any use shall require the Petitioner to obtain an amendment to the Conditional Use Permits. 3. The Subject Property shall only be used as a commercially zoned assembly use and for a private school for the following activities: a. Community services; b. Recreational and social activities that comply with all applicable codes; c. Private school and adult education lessons; and d. Office uses directly related to Little Bulgarian School Organization. 4. The south radius of the proposed Lee Street driveway shall be a five-foot radius to visually reinforce the one-way northbound flow of Lee Street. A “No Right Turn” sign shall be installed on the private side of the property line adjacent to the Lee Street curb cut to prevent wrong way traffic. These items shall be shown on future engineering drawings. 5. The curb cuts being closed on Lee Street shall be restored to the City of Des Plaines and IDOT specifications, including the abutting streetscape. 6. That the maximum number of people gathering in any space shall not exceed the maximum occupancy load prescribed by the Fire Protection Department. 7. Any food service preparation for any member shall come from a commercial grade kitchen. 8. The Petitioner shall maintain the Parking Lease Agreement as long as the Subject Property is used for a commercially zoned assembly use and a private school. Any amendment to the Parking Lease Agreement shall be approved by the Director of Community and Economic Development. If the Parking Lease Agreement is terminated, the Petitioner shall enter into a new parking lease agreement for at least 10 parking spaces within 30 days of termination of the Parking Lease Agreement. 9. Drawings submitted for permit shall be in substantial compliance with the Plans except where amendments are needed to comply with all applicable codes. 10. Stop signs shall be added on the Subject Property for the two drive aisles that are adjacent to the proposed Lee Street entrance/exit. Page 65 of 78 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 Ordinance is allowed to remain in effect shall constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees. B. In the event that the Petitioner fails to use, develop, and maintain the Subject Property in accordance with the provisions, conditions, and restrictions of this Ordinance and of the applicable provisions of the Zoning Ordinance, the Conditional Use Permits 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-5 District. Further, in the event of such revocation of the Conditional Use Permit and the 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 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 Page 66 of 78 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 7. 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 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 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 D; 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 8.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. Page 67 of 78 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 68 of 78 PASSED this _____day of ____________, 2019. APPROVED this _____ day of ____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2019. 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 CUP for a Private School and a Major Variation for Parking at 832 Lee Street Page 69 of 78 13 EXHIBIT D UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, George Petrov, on behalf of the Little Bulgarian School, ("Petitioner") is the contract purchaser of that certain property commonly known as 820-848 Lee Street, Des Plaines, Illinois ("Subject Property"); and WHEREAS, Petitioner applied to the City of Des Plaines for: (i) a conditional use permit to allow the operation of a commercially zoned assembly use on the Subject Property, in accordance with Sections 12-7-3.K and 12-3-4 of the Zoning Ordinance; (ii) a conditional use permit to allow the operation of a private school on the Subject Property, in accordance with Sections 12-7-3.K and 12-3-4 of the Zoning Ordinance (collectively, (i) and (ii) are the "Conditional Use Permits") and (iii) a major variation from Section 12-9-7 of the Zoning Ordinance to reduce the number of parking spaces to 63, where 73 parking spaces are required ("Major Variation") (collectively (i) through (iii) are the “Requested Relief”); and WHEREAS, Ordinance No. Z-12-19 adopted by the City Council of the City of Des Plaines on , 2019 ("Ordinance"), grants approval of the Conditional Use Permits and Major Variation subject to certain conditions; and WHEREAS, Petitioner desires 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 their consent to recording the Ordinance and this Unconditional Agreement and Consent against the Subject Property; NOW, THEREFORE, Petitioner does hereby agree and covenant as follows: 1. Petitioner hereby unconditionally agrees to accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z- 12-19, adopted by the City Council on _______________, 2019. 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 Page 70 of 78 14 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: GEORGE PETROV By: SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2019. ____________________________________ Notary Public Page 71 of 78 D N D N D N D N Exhibit A Page 72 of 78 Exhibit B Page 73 of 78 Little Bulgarian School Project Narrative Prepared by: Board of Directors - Little Bulgarian School April 2019 Exhibit C Page 74 of 78 Executive Summary Little Bulgarian School (LBS) began operation in the school year 2005/2006 with total of 6 students. The organization was created mainly for Bulgarian children who wish to learn the Bulgarian language, history and culture. In 2010, LBS was recognized as a 501 (c) (3) non-profit organization by the US authorities allowing it grow even faster. As of 2018, LBS provides education services to more than 600 children in 2 facilities in Elk Grove Village and 1 in Mount Prospect. LBS is officially registered with the Bulgarian Ministry of Education and is entitled to issue certificates of graduation from grade 1st to 12th. For the new building, LBS plans to transfer 100 children from our Saturday school in Mount Prospect plus additional 20 kids from the Elk Grove location. By the second year we plan to expand this location to 200 kids and to begin to offer Sunday classes. On the weekend the classes will have 2 shifts – 9 am to 1 pm and 11 am to 3 pm, depending on the parent’s preference. For the weekend classes we plan to have up to 15 teachers / staff members on site. Students will be dropped off and picked up by their parents at the back of the building as per the recommendations of the traffic study. In addition to the Saturday school, in order to financially support the building, we will start to offer after school programs that include math and science tutoring, folklore dance classes, and other child centered class activities. These activities with be composed of 12-20 children per class session, with one instructor and the possibility of one helper. The classes will range from 5:30PM to 8:00PM on a weekday basis, there might be 2 to 3 classes at a time. Students will be dropped off by their parents in the back of the building and picked up in the same manner. As part of the purchase contract LBS will be renting the 2 houses that are on the premises back to the seller. Other than collecting rent, LBS has no other plans to use the 2 residences as a part of the organization’s activities relating to the school building. For adults we plan to start offering weekday evening classes for citizenship and ESL, as well as folklore dances. These classes will have up to 2 instructors and 15-20 adults attending at a time. We plan to organize small gatherings / concerts to commemorate the holidays with performances by the children from the school. At these events we estimate to have about 100 families attending. The events will be happening in the gym on or around the following dates: 1. First day of school (1st week of Sept) 2. Halloween 3. November 1st 4. Christmas 5. March 3rd. 6. Easter Exhibit C Page 75 of 78 7. May 24 Currently the gym has been used by a local basketball team for many years. LBS will seek to extend that relationship after we purchase the building. Other than this we have no immediate plans to rent any parts of our facility to other parties. The building will not be used as a place of worship. Currently, LBS has no central location/office and this is preventing parents, teachers, foreign dignitaries, community leaders, and art performers to gather easily and exchange information and knowledge. LBS is relying on the Elk Grove Library for meetings, Elk Grove High School, Christus Victor Lutheran Church and Christian Life College classes, as well as the private residential homes of many of our parents and board members. LBS is committed of finding a permanent home to provide even better service to its students, faculty and the local community: The main development objectives of this new venue are:  Establish a main hub for all current activities offered by LBS in the Mount Prospect facility including Bulgarian weekend classes and all other after school activities.  Positively influence the Des Plaines and nearby suburbs Slavic community, consisting of Macedonian, Serbian, Polish, Russian, Ukrainian and many other nationalities, by offering adults classes and activities.  Community outreach center for all Slavic and other nationalities in the Des Plaines and nearby suburbs.  Open 2 new FTE positions to manage the building in Des Plaines, attract new residents.  Maintains high level of integrity and full transparency to the community. Future possible uses of the new venue may include the following services and programs:  Children’s Library and Book Share center.  Food Pantry center.  General Clothing provision program.  Citizenship classes.  Adult weekday evening language classes.  Folklore and dance classes for kids and adults.  Math and science tutoring.  Pre- and afterschool programs. Exhibit C Page 76 of 78 Mission: LBS is an educational and cultural center, the preferred choice in learning Bulgarian language, tradition and history, while also building children’s tolerance and compassion for other cultures and languages. LBS also provides quality afterschool services for working families of all socio- economic levels in a nurturing environment to the local community. Vision: LBS will strive to remain the best educational center to preserve the Bulgarian national and spiritual identity for future generations by inspiring passion for learning the Bulgarian language and keeping Bulgarian tradition alive. Little Bulgarian School history of unique children teaching technics, via games, songs, drama and priority given to conversational speech, has proven to be the right growth strategy. The training relies exclusively on the most modern methods of language teaching, where students experience the joy of learning. The organization also performs social functions as it is often used as meeting place and community resource for the children as well as parents. Management Team: Little Bulgarian School is registered as a non-profit organization under state and federal authorities and it is managed by 5 board members with combined professional experience in the finance, legal and most importantly educational area of more than 135 combined years. Market Position and Future Growth: According to the 2000 Census there were 63K Bulgarians living in the State of Illinois and in the 2010 Census this number increase to 105K, or 70% higher in just 10 years. It is currently estimated that more than 150K Bulgarians permanently live in State of Illinois, with very high concentration in the Chicago Northwest suburbs like Des Plaines, many of which now started a family. Based on the Bulgarian Ministry of Education for the 2018/2019 school year, there are total of 12 registered Bulgarian schools in Chicagoland with total of 1142 children enrolled. Little Bulgarian school represented total of 597 children, or a market share of 52%. Given the current trend, it is expected that more and more young Bulgarians will continue to relocate to the Northwest suburbs from other states or Bulgaria, as Chicago metro is now the biggest Bulgarian community establishment in North America. Bulgarian families with young children will prefer to move in specifically to Des Plaines as there are many established Bulgarian daycares, restaurants, for example Balkanika, Mehanata, and Nick’s Grill, two Bulgarian churches St. Sophia Bulgarian Orthodox Church, New Life Evangelical Bulgarian Church), as well as many ethnic grocery stores for example Malincho and Serdika. In addition, there are many organized year-round Bulgarian picnics, concerts and social events. All this Exhibit C Page 77 of 78 shows that the need for Bulgarian schools in the area will continue to grow significantly, as well as the need for social-sport events and adult classes. Little Bulgarian School is well positioned for strong growth in the future, and a permanent home and cultural hub will further fuel this growth to provide outstanding services to the local community, while also help families and children transition into the American society. Little Bulgarian School has proven thru out the years that it has positive cultural and development impact to the community and it is expected to do so even more in the future. Exhibit C Page 78 of 78 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: April 25, 2019 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Director of Community and Economic Development Patrick Ainsworth, AICP, Economic Development Coordinator Subject: Request to Convene the Joint Review Board, Conduct a Public Hearing at the August 5, 2019 City Council Meeting and to Create an Interested Parties Registry all for the Consideration of a Proposed Tax Increment Finance District Issue: As required by State statute, Des Plaines City Council shall consider a resolution for the following items to assist with the creation of the Oakton Street Tax Increment Financing District: i) convene the Joint Review Board, ii) conduct a public hearing at the August 5, 2019 Des Plaines City Council Meeting, and iii) create an interested parties registry and adopt reasonable rules for the interested parties registry. Project Description: As part of Des Plaines City Council’s Strategic Plan for 2022, the City has initiated a redevelopment plan for the Oakton Street corridor by establishing a future Tax Increment Financing (TIF) District for this area. Kane McKenna and Associates, Inc. (Kane McKenna), along with City staff, have been progressing on establishing the new 124 acre TIF District generally located at the intersection of Oakton and Lee Streets. The proposed Oakton Street Tax Increment Financing District (Oakton TIF District), will assist with the redevelopment of vacant or under-utilized properties, allow the City to fund necessary public improvements such as reconstructing roads and sidewalks, and provide a financial mechanism to make redevelopment projects financially feasible. In 2018, the Oakton Street Tax Increment Finance District Eligibility Report found that the study area met the state criteria for establishing a conservation area. Kane McKenna representatives and City staff are near completion on the Oakton Street Tax Increment Financing District Redevelopment Plan and are working on the next steps for this potential TIF District. To facilitate the creation of the Oakton TIF District, the Des Plaines City Council has to consider and approve a resolution that requests the following items: 1) The City convenes the Joint Review Board to discuss the potential Oakton TIF District with all taxing bodies; 2) Hold a public hearing at the August 5, 2019 City Council Meeting to take public testimony on the Oakton Street Tax Increment Financing District Redevelopment Plan, the Oakton Street Tax Increment Financing District Eligibility Report and other related matters; and MEMORANDUM Page 1 of 22 3) To create an interested parties registry and adopt reasonable rules to implement for the interested parties registry. Public notices will be posted in a local newspaper within general circulation of Des Plaines prior to the posted public hearing date. Taxpayers within the proposed TIF district will also be notified, along with all affected taxing districts and the State of Illinois. Residential addresses within 750 feet of the proposed boundaries will also be notified. Recommendations: I recommend the City Council adopt Resolution R-97-19 to convene the Joint Review Board, conduct a public hearing at the August 5, 2019 Des Plaines City Council Meeting, create an interested parties registry and adopt reasonable rules to implement for the interested parties registry all in an attempt to create the Oakton Street Tax Increment Financing District. Attachment: Resolution R-97-19 Exhibit A: Legal Description of Redevelopment Area Exhibit B: Depiction of Redevelopment Area Exhibit C: Form Notice of Public Hearing Exhibit D: Registry Rules Exhibit E: Form Registry Notice Page 2 of 22 CITY OF DES PLAINES RESOLUTION R - 97 - 19 A RESOLUTION CONVENING THE JOINT REVIEW BOARD, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND CREATING AN INTERESTED PARTIES REGISTRY FOR THE DESIGNATION OF A REDEVELOPMENT PROJECT AREA ON OAKTON STREET, THE APPROVAL OF A TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT, AND THE ADOPTION OF TAX INCREMENT ALLOCATION FINANCING. WHEREAS, the City of Des Plaines is an Illinois home rule municipal corporation operating in accordance with Article VII, Section 6 of the Illinois Constitution, and with the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, the real property generally along and adjacent to Mannheim Road bounded by Walnut Avenue to the north and Oakton Street to the south, and tax parcels along and adjacent to Lee Street from Webster Lane to the west to River Road to the east, all as more fully described in Exhibit A and depicted on Exhibit B, attached to this Resolution ("Redevelopment Area"), is located predominantly within the C-3 General Commercial District and C-4 Regional Shopping District of the City; and WHEREAS, the City depends heavily on its commercial districts to maintain the fiscal integrity of the City; and WHEREAS, almost 80% of the structures within the Redevelopment Area exceed 35 years in age; and WHEREAS, the valuation of the Redevelopment Area has lagged behind the average annual growth rate of all real property within the City, in three of the previous five years; and WHEREAS, the Redevelopment Area has also suffered from deterioration, deleterious land uses and parcel layout, a general lack of community planning, excessive vacancies, inadequate public utilities, and obsolescence of the built environment; and WHEREAS, the City does not anticipate that the Redevelopment Area will be redeveloped without the implementation by the City of a new plan and project for the economic renewal of the Redevelopment Area. WHEREAS, the City has explored various methods by which sufficient private investment can be attracted to the Redevelopment Area, so that the Redevelopment Area can be redeveloped for the long-term growth and benefit of the City and its residents; and Page 3 of 22 WHEREAS, one means by which the City could attract the private investment necessary for the redevelopment of the Redevelopment Area is the use of TIF and the establishment of the Redevelopment Area as a new redevelopment project area (a "TIF District") as authorized under the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (the "TIF Act"); and WHEREAS, the City Council has commissioned a study by Kane, McKenna and Associates, Inc. ("KMA"), to determine whether the Redevelopment Area meets the qualifications for a “Conservation Area” as defined in the TIF Act; and WHEREAS, after extensive review of the Redevelopment Area, KMA delivered a report to the City in which KMA concludes that the Redevelopment Area qualifies as a Conservation Area and for designation as a TIF District under the TIF Act ("Eligibility Report"); and WHEREAS, in light of its review of the Redevelopment Area and pursuant to extensive discussions with City officials and others interested in the Redevelopment Area, KMA has also prepared a plan for the redevelopment of the Redevelopment Area in accordance with the TIF Act ("Redevelopment Plan and Project"); and WHEREAS, the Eligibility Report and the Redevelopment Plan and Project have been on file and available at City Hall since May 10, 2019; and WHEREAS, in order to continue its consideration of the possible establishment of a TIF District in the Redevelopment Area, the City Council has determined that it is in the best interest of the City and its residents to continue pursuing the possible establishment of a TIF District within the Redevelopment Area, including: (i) the convening of a meeting of the Joint Review Board; (ii) the setting of a time and place for a public hearing on the possible establishment of a TIF District and consideration of the Eligibility Report and the Redevelopment Plan and Project; and (iii) the creation of an interested parties registry and the adoption of reasonable rules to implement the interested parties registry; 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: JOINT REVIEW BOARD. A. Joint Review Board Established; Membership. The Joint Review Board is hereby established pursuant to Section 11-74.4-5 of the TIF Act. The Joint Review Board shall consist of the City Manager, or his designee, one representative of the public chosen by the members of the Joint Review Board, and one representative chosen by each of the following taxing districts that have authority to directly levy taxes on the real property located within the Redevelopment Area: 1. Community Consolidated School District #62 Page 4 of 22 2. Cook County 3. Maine Township 4. Maine Township School District #207 5. Oakton Community College #535 6. Des Plaines Park District 7. Des Plaines Library District B. Notice of Meeting of the Joint Review Board. The City will deliver notice as required by the TIF Act of the time and place of the meeting of the Joint Review Board, which meeting will occur on Thursday, June 20, 2019 at 10 AM. SECTION 3: SETTING TIME AND PLACE FOR PUBLIC HEARING. The City Council hereby establishes Monday, August 5, 2019, at 7:00 p.m. as the date and time for a public hearing on the possible establishment of a TIF District, the designation of a redevelopment project area, and the consideration of a Redevelopment Plan and Project for the Redevelopment Area. The public hearing will be held at City Hall, 1420 Miner Street, Des Plaines, Illinois. The City Council reserves the right to continue the hearing to a later date and time without further published notice should a continuance become necessary. SECTION 4: AUTHORIZATION FOR PUBLIC NOTICES AND OTHER ACTION. The City Council hereby authorizes and directs the City Manager and the City Clerk, in consultation with KMA and the City's General Counsel, to do or cause to be done all things necessary or desirable for purposes of giving the public notice of the August 5, 2019 hearing, including the publication of notice in substantially the form attached to this Resolution as Exhibit C, and any and all other statutorily required steps precedent to the establishment of a TIF District in the Redevelopment Area and the adoption of a Redevelopment Plan and Project. SECTION 5: INTERESTED PARTIES REGISTRY. The City Council hereby creates an interested parties registry pursuant to Section 11-74.4-4.2 of the TIF Act. The Interested Parties Registry shall be administered pursuant to the rules and registration forms ("Registry Rules") attached to this Resolution as Exhibit D, which Registry Rules are hereby approved. The City Clerk is hereby authorized and directed to publish notice, in substantially the form attached to this Resolution as Exhibit E, as required by the TIF Act, that eligible organizations and interested persons may register with the City in order to receive information regarding the designation of the Redevelopment Area as a redevelopment project area. SECTION 6: SEVERABILITY. If any provision of this Resolution or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Resolution shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Resolution to the greatest extent permitted by applicable law SECTION 7: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. Page 5 of 22 PASSED this _____ day of ____________, 2019. APPROVED this _____ day of _____________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Page 6 of 22 OAKTON / LEE TIF AREA THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, THE NORTHEAST QUARTER OF SECTION 29, THE NORTHWEST QUARTER OF SECTION 29, THE SOUTHWEST QUARTER FO SECTION 20, THE SOUTHEAST QUARTER OF SECTION 20, THE SOUTHWEST QUARTER OF SECTION 21, THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 20 AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 20, ALL IN TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF DES PLAINES RIVER ROAD (PREVIOUSLY KNOWN AS DES PLAINES ROAD) WITH THE CENTERLINE OF BENNETT STREET (PREVIOUSLY KNOWN AS MAY AVENUE) IN THE EAST HALF OF SAID NORTHWEST QUARTER OF SECTION 28; THENCE WEST ALONG THE CENTERLINE OF SAID BENNETT STREET TO IT’S INTERSECTION WITH THE SOUTHERLY EXTENSION CENTERLINE OF THE NORTH/SOUTH ALLEY IN BLOCK 1 OF WHITE’S STEEL CAR ADDITION TO RIVERVIEW, BEING A SUBDIVISION IN THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 20, 1891 AS DOCUMENT NUMBER 1554522; THENCE NORTHWEST AND NORTH ALONG SAID CENTERLINE OF THE NORTH/SOUTH ALLEY AND IT’S SOUTHERLY EXTENSION TO THE INTERSECTION OF THE EAST/WEST ALLEY IN SAID BLOCK 1; THENCE WEST ALONG SAID CENTERLINE OF SAID EAST/WEST ALLEY TO THE WEST LINE OF SAID BLOCK 1, ALSO BEING THE EAST LINE OF LOCUST STREET (PREVIOUSLY KNOWN AS JENNIE STREET); THENCE WEST TO THE INTERSECTION OF THE WEST LINE OF SAID LOCUST STREET WITH THE CENTERLINE OF AN EAST/WEST ALLEY IN REILING & KAUFMAN ADDITION TO RIVERVIEW, BEING A SUBDIVISION IN SECTION 28, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 22, 1891 AS DOCUMENT NUMBER 1540050; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE TO THE EAST LINE OF MAPLE STREET; THENCE WEST TO THE INTERSECTION OF THE WEST LINE OF SAID MAPLE STREET WITH THE CENTERLINE OF AN EAST/WEST ALLEY IN BLOCK 4 OF WHITE’S RIVERVIEW ADDITION BEING A SUBDIVISION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1891 AS DOCUMENT NUMBER 1463189; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE WEST SIDE OF BLOCK 4, ALSO BEING THE EAST LINE OF SYCAMORE STREET (PREVIOUSLY KNOWN AS WALNUT STREET; THENCE WEST TO THE INTERSECTION OF THE WEST LINE OF SAID SYCAMORE STREET WITH THE CENTERLINE OF AN EAST/WEST ALLEY IN BLOCK 3 OF SAID WHITE’S RIVERVIEW ADDITION; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE WEST SIDE OF BLOCK 3, ALSO BEING THE EAST LINE OF ORCHARD STREET; THENCE WEST TO THE INTERSECTION OF THE WEST LINE OF SAID ORCHARD STREET WITH THE CENTERLINE OF AN EAST/WEST ALLEY IN BLOCK 2 Attachment A Page 7 of 22 OF SAID WHITE’S RIVERVIEW ADDITION; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE WEST SIDE OF BLOCK 2, ALSO BEING THE EAST LINE OF LINDEN STREET (PREVIOUSLY KNOWN AS OAK STREET); THENCE WEST TO THE INTERSECTION OF THE WEST LINE OF SAID LINDEN STREET WITH THE CENTERLINE OF AN EAST/WEST ALLEY IN BLOCK 1 OF SAID WHITE’S RIVERVIEW ADDITION; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE WEST SIDE OF BLOCK 1, ALSO BEING THE EAST LINE OF WHITE STREET; THENCE WEST TO THE INTERSECTION OF THE WEST LINE OF SAID WHITE STREET WITH THE CENTERLINE OF AN EAST/WEST ALLEY IN BLOCK 2 IN DIEFENDORF’S ADDITION TO RIVERVIEW, BEING A SUBDIVISION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE RAIL ROAD RIGHT OF WAY, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1891 AS DOCUMENT 1511372; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE AND IT’S WESTERLY EXTENSION TO THE CENTERLINE OF CORA STREET (PREVIOUSLY KNOWN AS FRANKLIN STREET); THENCE NORTH ALONG THE LAST DESCRIBED CENTERLINE TO THE CENTERLINE OF OAKTON STREET; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF A CENTERLINE OF A NORTH/SOUTH ALLEY IN BLOCK 1 IN IRA BROWN’S SUBDIVISION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 12, 1873 AS DOCUMENT NUMBER 120119; THENCE SOUTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 45 IN SAID BLOCK 1; THENCE WEST ALONG THE LAST DESCRIBED LINE AND ITS WESTERLY EXTENSION TO A POINT IN THE CENTERLINE OF ELM STREET; THENCE SOUTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 11 IN BLOCK 2 IN SAID IRA BROWN’S SUBDIVISION; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE SOUTH ALONG THE WEST LINE OF LOTS 12 AND 13, ALSO BEING THE EAST LINE OF A NORTH/SOUTH ALLEY IN SAID BLOCK 2, TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF PROPERTY CONVEYED BY WARRANTY DEED RECORDED OCTOBER 15, 2009 AS DOCUMENT NUMBER 0928817003; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE EAST LINE OF CENTER STREET (PREVIOUSLY KNOWN AS OHIO AVENUE); THENCE WEST TO THE NORTHEAST CORNER OF LOT 4 IN CAREBUILT CORPORATIONS CHESTNUT STREET SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 21, 1956 S DOCUMENT NUMBER 16617219; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 4 TO THE EAST LINE OF THE MINNEAPOLIS, ST. PAUL AND SAULT SAINT MARIE RAILROAD; THENCE NORTHWEST ALONG SAID EAST LINE TO A POINT IN THE CENTERLINE OF OAKTON STREET; THENCE WEST ALONG SAID CENTERLINE TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 6 IN BLOCK 1 OF Attachment A Page 8 of 22 F.C. ENDERLIN JR.’S DES PLAINES TERRACE, BEING A SUBDIVISION IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 17, 1927 AS DOCUMENT NUMBER 9654576; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO A POINT ON THE CENTERLINE OF AN EAST/WEST ALLEY IN SAID BLOCK 1; THENCE WEST ALONG SAID CENTERLINE AND IT’S WESTERLY EXTENSION TO A POINT IN THE CENTERLINE OF ASH STREET; THENCE NORTH ALONG SAID CENTERLINE TO A POINT IN THE CENTERLINE OF OAKTON STREET; THENCE WEST ALONG SAID CENTERLINE TO A POINT ON THE NORTHERLY EXTENSION OF THE CENTERLINE OF SPRUCE AVENUE; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO A POINT IN EASTERLY EXTENSION OF THE CENTERLINE OF AN EAST/WEST ALLEY IN BLOCK 7 OF SAID F.C. ENDERLIN JR.’S DES PLAINES TERRACE; THENCE WEST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT IN THE CENTERLINE OF LEE STREET; THENCE SOUTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 1 IN KENTUCKY FRIED CHICKEN, TACO BELL, KMART SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 21, 1990 AS DOCUMENT 90295162; THENCE WEST ALONG THE LAST DESCRIBED LINE TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 1, ALSO BEING THE EAST LINE OF LOT 6 IN OAKTON PLACE, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 1, 1967 AS DOCUMENT NUMBER T2356973, TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 6 TO THE NORTHWEST CORNER THEREOF; THENCE WEST TO THE NORTHERLY MOST NORTHEAST CORNER OF LOT 5 IN SAID OAKTON PLACE; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 5 TO THE NORTHWEST CORNER THEREOF, ALSO BEING ON THE EAST LINE OF OAKTON GARDENS, BEING A SUBDIVISION OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 13, 1937 AS DOCUMENT NUMBER 11996751; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE NORTHEAST CORNER OF LOT 87 IN SAID OAKTON GARDENS; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 87 AND ITS WESTERLY EXTENSION TO A POINT IN THE CENTERLINE OF WEBSTER LANE; THENCE NORTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE CENTERLINE OF OAKTON STREET; THENCE EAST TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF FIRST ADDITION TO OAK LEAF COMMONS – OFFICE PLAZA, BEING A RESUBDIVISION OF LOT 7 IN OAK LEAF COMMONS – OFFICE PLAZA, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 11, 1967 AS DOCUMENT NUMBER T2307695; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE NORTHWEST CORNER OF SAID FIRST ADDITION TO OAK LEAF COMMONS – OFFICE PLAZA, SAID POINT ALSO Attachment A Page 9 of 22 BEING THE SOUTHWEST CORNER OF OAK LEAF MANOR BEING A RESUBDIVISION OF PART OF LOTS 4 & 5 IN CARL LAGERHAUSEN ESTATE DIVISION AND PART OF LOT 1 IN WILLIAM LAGERHAUSEN DIVISION, IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF FILED NOVEMBER 7, 1963 AS DOCUMENT NUMBER LR 2121307; THENCE EAST ALONG THE SOUTH LINE OF SAID OAK LEAF MANOR TO THE SOUTH EAST CORNER THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID OAK LEAF MANOR TO THE NORTHEAST CORNER THEREOF, ALSO BEING THE SOUTHWEST CORNER OF LOT E IN TRIER’S RESUBDIVISION OF THAT PART OF LOT 4 (EXCEPT THE SOUTH 6 ACRES) OF CARL LAGERHAUSEN ESTATE DIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1954 AS DOCUMENT NUMBER T1528918; THENCE NORTH ALONG THE WEST LINE OF SAID LOT E TO THE NORTHWEST CORNER THEREOF; THENCE NORTH TO THE SOUTHWEST CORNER OF LOT 3 IN PETERSON’S SUBDIVISION NO. 4, BEING A SUBDIVISION OF THE SOUTH HALF OF LOT 3 (EXCEPT THE EAST 300 FEET) IN CARL LAGERHAUSEN ESTATE DIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 7, 1956 AS DOCUMENT NUMBER T1711973; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 3 TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG THE EAST LINE OF LOTS 1 THROUGH 3, BOTH INCLUSIVE TO THE NORTHEAST CORNER OF SAID LOT 1, ALSO BEING THE SOUTHEAST CORNER OF LOT 4 IN PETERSON’S SUBDIVISION NO. 3, BEING A BEING A SUBDIVISION OF THE NORTH HALF OF LOT 3 IN CARL LAGERHAUSEN ESTATE DIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 3, 1955 AS DOCUMENT NUMBER T1611709 ; THENCE NORTH ALONG THE EAST LINE OF LOTS 1 THROUGH 4 BOTH INCLUSIVE IN SAID PETERSON’S SUBDIVISION NO. 3 TO THE NORTHEAST CORNER OF SAID LOT 1, ALSO BEING A POINT ON THE SOUTH LINE OF LOT 11 IN THE SUBDIVISION OF LOT 2 (EXCEPT THE WEST 468.34 FEET THEREOF) OF CARL LAGERHAUSEN ESTATE DIVISION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 15, 1927 AS DOCUMENT NUMBER 343438; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE NORTH ALONG THE EAST LINES OF LOTS 11 THROUGH 15, BOTH INCLUSIVE, TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 15 AND ITS WESTERLY EXTENSION TO A POINT IN THE CENTERLINE OF JEANETTE STREET; THENCE NORTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT IN THE CENTERLINE OF VAN BUREN STREET; THENCE EAST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT IN THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 7 IN THE SUBDIVISION OF THE EAST PART OF LOT 1 OF CARL LAGERHAUSEN ESTATE DIVISION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 28, 1922 AS DOCUMENT NUMBER T150326; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID LOT 7, ALSO BEING THE SOUTHEAST CORNER OF PROPERTY CONVEYED BY DEED RECORDED MAY 24, 2016 AS DOCUMENT NUMBER 1614516039; THENCE WEST ALONG THE SOUTH LINE OF SAID Attachment A Page 10 of 22 NORTH HALF AND THE SOUTH LINE OF THE LAST DESCRIBED DEED AND THE SOUTH LINE OF PROPERTY CONVEYED BY DEED RECORDED OCTOBER 8, 2015 AS DOCUMENT NUMBER 1528157037 TO THE WEST LINE OF SAID LOT 7; THENCE NORTH ALONG SAID WEST LINE TO A POINT IN THE CENTERLINE OF ALGONQUIN ROAD; THENCE EAST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOTS 1 THROUGH 9, BOTH INCLUSIVE, BLOCK 8 IN DES PLAINES GARDENS, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 1, 1915 AS DOCUMENT NUMBER 5644532; THENCE NORTH ALONG THE LAST DESCRIBED LINE AND IT’S NORTHERLY EXTENSION TO A POINT ON THE CENTERLINE OF WALNUT STREET; THENCE EAST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT IN THE CENTERLINE OF GRACELAND AVENUE (PREVIOUSLY KNOWN AS 1ST AVENUE); THENCE NORTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF PROPERTY CONVEYED BY DEED RECORDED JUNE 10, 1996 AS DOCUMENT NUMBER 96439881, ALSO BEING THE NORTH LINE OF LOT 8 IN BLOCK 7 IN SAID DES PLAINES GARDENS; THENCE EAST ALONG THE LAST DESCRIBED LINE AND IT’S EASTERLY EXTENSION TO A POINT ON THE EAST LINE OF THE MINNEAPOLIS, ST. PAUL AND SAULT SAINT MARIE RAILROAD; THENCE SOUTHEASTERLY ALONG SAID EAST LINE TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2 IN SENECA SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1977 AS DOCUMENT NUMBER 23779288; THENCE WEST ALONG THE LAST DESCRIBED LINE AND IT’S WESTERLY EXTENSION TO A POINT IN THE CENTERLINE OF LEE STREET; THENCE SOUTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT IN THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 2; THENCE EAST ALONG THE LAST DESCRIBED LINE AND IT’S EASTERLY EXTENSION TO A POINT ON THE EAST LINE OF THE MINNEAPOLIS, ST. PAUL AND SAULT SAINT MARIE RAILROAD; THENCE SOUTHEASTERLY ALONG SAID EAST LINE TO A POINT ON THE WESTERLY EXTENSION OF THE CENTERLINE OF LINCOLN AVENUE; THENCE EAST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 11 IN BLOCK 16 OF ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO DES PLAINES HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 24, 1920 AS DOCUMENT 6771101; THENCE SOUTH ALONG THE LAST DESCRIBED LINE TO THE WESTERLY MOST NORTHWEST CORNER OF LOT 1 IN MANDAS RESUBDIVISION , ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1980 AS DOCUMENT 25665225; THENCE EAST, NORTH AND EAST ALONG THE NORTH LINE OF SAID LOT 1 TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 ALSO BEING THE WEST LINE OF LOT 8 IN SAID BLOCK 16 TO THE SOUTHWEST CORNER OF SAID LOT 8 IN BLOCK 16; THENCE EAST ALONG THE SOUTH LINE OF LOTS 1 THROUGH 8, BOTH INCLUSIVE TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE EAST TO THE SOUTHWEST CORNER OF LOT 3 IN BLOCK 15 IN SAID ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO DES PLAINES HEIGHTS; THENCE Attachment A Page 11 of 22 EAST ALONG THE SOUTH LINE OF LOTS 3 AND 10 IN SAID BLOCK 15 AND IT’S EASTERLY EXTENSION TO A POINT IN THE CENTERLINE OF WHITE STREET (PREVIOUSLY KNOWN AS EMMA STREET); THENCE NORTH ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE WESTERLY EXTENSION OF PROPERTY CONVEYED BY DEED RECORDED MARCH 9, 2000 AS DOCUMENT 00170513, ALSO BEING THE NORTH LINE OF THE SOUTH 73 FEET OF LOTS 9 AND 10 IN BLOCK 14 IN SAID ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO DES PLAINES HEIGHTS; THENCE EAST ALONG THE LAST DESCRIBED LINE TO A POINT ON THE WEST LINE OF LOT 8 IN SAID BLOCK 14; THENCE SOUTH ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE EAST ALONG THE SOUTH LINE OF LOTS 1 THROUGH 8, BOTH INCLUSIVE, IN SAID BLOCK 14 TO THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 14; THENCE EAST TO THE NORTHWEST CORNER OF LOT 11 IN BLOCK 13 IN SAID ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO DES PLAINES HEIGHTS; THENCE EAST ALONG THE NORTH LINE OF LOTS 11 THROUGH 13, BOTH INCLUSIVE, IN SAID BLOCK 13 TO THE NORTHEAST CORNER OF SAID LOT 13; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 13 AND IT’S SOUTHERLY EXTENSION TO A POINT IN THE CENTERLINE OF OAKTON STREET (PREVIOUSLY KNOWN AS REVERE AVENUE); THENCE EAST ALONG THE LAST DESCRIBED CENTERLINE TO A POINT ON THE SOUTHERLY EXTENSION OF THE CENTERLINE OF MAPLE STREET; THENCE NORTH ALONG THE LAST DESCRIBED LINE TO A POINT ON THE WESTERLY EXTENSION OF THE NORTH LINE OF LOTS 6 THROUGH 11, BOTH INCLUSIVE, IN BLOCK 12 IN SAID ARTHUR T. MCINTOSH AND COMPANY’S ADDITION TO DES PLAINES HEIGHTS; THENCE EAST ALONG THE LAST DESCRIBED LINE TO THE NORTHEAST CORNER OF LOT 11 IN SAID BLOCK 12, ALSO BEING THE NORTHWEST CORNER OF LOT 14 IN SAID BLOCK 12; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 14 IN BLOCK 12 AND IT’S EASTERLY EXTENSION TO A POINT ON THE CENTERLINE OF DES PLAINES RIVER ROAD (PREVIOUSLY KNOWN AS DES PLAINES ROAD); THENCE SOUTHEAST ALONG THE LAST DESCRIBED CENTERLINE TO THE POINT OF BEGINNING, ALL IN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. PREPARED BY: SPACECO INC. DATED: April 29, 2019 n:\projects\10624\survey\docs\10624.lgl.oakton-lee tif.jc.04182019.docx Attachment A Page 12 of 22 Proposed TIF Parcel F 0 0.550.275 Miles 1313 Proposed Oakton/Lee TIF Map Exhibit B Page 13 of 22 7 EXHIBIT C FORM NOTICE OF PUBLIC HEARING FORM OF NOTICE OF PUBLIC HEARING CITY OF DES PLAINES, COOK COUNTY, ILLINOIS PROPOSED OAKTON STREET REDEVELOPMENT PROJECT AREA Notice is hereby given that on August 5, 2019 at 7 p.m. in the City Council chambers, City Hall, 1420 Miner Street, Des Plaines, Illinois 60016, a public hearing will be held to consider the approval of the proposed redevelopment plan (the “Redevelopment Plan”) and the designation of that certain proposed redevelopment project area to be known as the Oakton Street Redevelopment Project Area (the “Redevelopment Project Area”). The Redevelopment Project Area consists of the territory legally described in Exhibit A attached and is generally described below: The real property generally along and adjacent to Mannheim Road bounded by Algonquin Road to the north and Oakton Street to the south, and tax parcels along and adjacent to Lee Street from Webster Lane to the west to River Road to the east There will be considered at the hearing approval of the Redevelopment Plan and Project for, and the designation of, the proposed Redevelopment Project Area and adoption of tax increment allocation financing therefor. The proposed Redevelopment Plan and Project is on file and available for public inspection at the office of the City Clerk, City Hall, 1420 Miner Street, Des Plaines, Illinois 60016. Pursuant to the Redevelopment Plan and Project the City proposes to alleviate blighted area conditions in the Redevelopment Project Area and to enhance the tax base of the City and the taxing districts having taxable property within the Redevelopment Project Area by utilizing tax increment financing to fund various eligible project costs to stimulate private investment within the Redevelopment Project Area. These eligible project costs may include, but may not be limited to, studies, surveys, professional fees, property assembly costs, construction of public improvements and facilities, financing, administrative and other professional costs, all as authorized under the Tax Increment Allocation Redevelopment Act, as amended. The Redevelopment Plan objectives include promoting and protecting the health, safety, morals and welfare of the public by promoting economic growth and development in the City by working within the guidelines of the business attraction and retention strategies developed by the City, encouraging private investment while conforming with the City’s comprehensive plan, restoring and enhancing the City’s tax base, enhancing the value of the proposed Redevelopment Project Area, and attracting and retaining employment opportunities within the proposed Redevelopment Project Area. To achieve these objectives, the Redevelopment Plan proposes to provide assistance by paying or reimbursing costs related to the acquisition, construction and installation of public facilities, property assembly, site preparation and improvement, environmental remediation, and other eligible redevelopment project costs, the execution of one or more redevelopment agreements, and the payment of financing, administrative and other professional costs. Exhibit C Page 14 of 22 8 Prior to the date of the hearing, each taxing district having property in the Redevelopment Project Area and the Illinois Department of Commerce and Economic Opportunity may submit written comments to the City, to the attention of the City Clerk, City Hall, 1420 Miner Street, Des Plaines, Illinois 60016. There is hereby convened a joint review board to consider the proposed Redevelopment Plan and Project for, and the designation of, the proposed Redevelopment Project Area and the adoption of tax increment allocation financing therefor. The joint review board shall consist of a representative selected by each community college district, local elementary school district and high school district or each local community unit school district, park district, library district, township, fire protection district and county that will have the authority to directly levy taxes on the property within the Redevelopment Project Area at the time that the Redevelopment Project Area is approved, a representative selected by the City, and a public member. The first meeting of said joint review board shall be held on Thursday, June 20, 2019, at 2 PM at City Hall, 1420 Miner Street, Des Plaines, Illinois 60016. At the hearing, all interested persons or affected taxing districts may file written objections with the City Clerk and may be heard orally with respect to any issues regarding the approval of the Redevelopment Plan and Project for and the designation of the Redevelopment Project Area and the adoption of tax increment allocation financing therefor. The hearing may be adjourned by the President and the Board of Trustees of the City without further notice other than a motion to be entered upon the minutes of the hearing fixing the time and place of the subsequent hearing. /s/ City Clerk City of Des Plaines Cook County, Illinois Exhibit C Page 15 of 22 EXHIBIT D REGISTRY RULES CITY OF DES PLAINES INTERESTED PARTIES REGISTRY RULES The following Interested Parties Registration Rules ("Registration Rules") are adopted by the City of Des Plaines pursuant to Section 11-74.4-5 of the Act, as the same may be amended from time to time. A. Definitions. As used in these Registration Rules, the following terms shall have the definitions set forth below. "Act" shall mean the Tax Increment Allocation Redevelopment Act, 65 ILCS § 5/11-74.4-1 et seq., as amended from time to time. "City" shall mean the City of Des Plaines, a home rule unit of government under the Constitution of the State of Illinois. "Interested Party" or “Interested Parties” shall mean each individual or organization or entity registered in a specific Registry who has registered in such Registry and whose registration has not been terminated in accordance with these Registration Rules. "Redevelopment Project Area" shall mean a Redevelopment Project Area that (a) is intended to qualify (or has subsequently qualified) as a "Redevelopment Project Area" under the Act and (b) is subject to the "Interested Parties" Registry requirements of the Act. "Registration Form" shall mean the form attached to these Registration Rules as Attachment 1 or such revised form as may be approved by the City consistent with the requirements of the Act. "Registry" or "Registries" shall mean each Interested Parties Registry, and all such Registries, collectively, established by the City pursuant to Section 11-74.4-4.2 of the Act for the Redevelopment Project Area. B. Establishment of Registry. The City shall establish a separate Interested Parties Registry for each Redevelopment Project Area, whether existing as of the date of the adoption of these Registration Rules or hereafter established. The City shall establish a new Registry whenever it has identified an area for study and possible designation as a Redevelopment Project Area. In any event, the process of establishing the new Registry must be completed prior to the deadline for sending any of the notices required by Paragraph J of these Registration Rules or any other notices required by the Act with respect to the proposed Redevelopment Project Area. C. Maintenance of Registry. The Registries shall be maintained by the City Clerk or his or her designee. In the event the City determines that an individual other than the Clerk should maintain the Registries, the City may transfer the responsibility for maintaining the Registries to such other Department provided that the City (i) gives prior written notice to all Interested Parties not less than 30 days prior to such transfer and (ii) publishes notice of such transfer in a newspaper of general circulation in the City. D. Registration by Residents. An individual seeking to register as an Interested Party with respect to a Redevelopment Project Area must complete and submit a Registration Form (see Exhibit D Page 16 of 22 Attachment 1, Part A) to the City Clerk. E. Registration by Organizations. An organization seeking to register as an Interested Party with respect to a Redevelopment Project Area must complete and submit a Registration Form (see Attachment 1, Part A) to the City Clerk. F. Determination of Eligibility. All individuals and organizations whose Registration Form and supporting documentation complies with these Registration Rules shall be registered in the applicable Registry within ten business days of the City Clerk's receipt of all such documents. The Clerk shall provide written notice to the registrant confirming such registration. Upon registration, Interested Parties shall be entitled to receive all notices and documents required to be delivered under these Registration Rules or as otherwise required under the Act with respect to the applicable Redevelopment Project Area. If the City Clerk determines that a registrant's Registration Form or supporting documentation is incomplete or does not comply with these Registration Rules, the Clerk shall give written notice to the registrant specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new Registration Form and supporting documentation. G. Renewal and Termination. An Interested Party's registration shall remain effective for a period of three years. At any time after such three-year period, the City Clerk may provide written notice by regular mail to the Interested Party stating that such registration shall terminate unless the Interested Party renews such registration within 30 days of the Clerk's mailing of written notice. To renew such registration, the Interested Party shall, within such 30 day period, complete and submit the same Registration Form then required of initial registrants operating in the City. The registration of all individuals and organizations whose Registration Form is submitted in a timely manner and complies with these Registration Rules shall be renewed for an additional, consecutive three-year period. If the City Clerk determines that a registrant's renewal Registration Form is incomplete or does not comply with these Registration Rules, the Clerk shall give written notice to the registrant at the address specified in the renewal Registration Form submitted by such registrant, specifying the defect(s). The registrant shall be entitled to correct any defects and resubmit a new Registration Form within 30 days of receipt of the Clerk's notice. If all defects are not corrected within 30 days of the Interested Party's receipt of the City Clerk's notice, the Interested Party's registration shall be terminated. Any Interested Party whose registration is terminated shall be entitled to register again as if a first-time registrant. H. Amendment to Registration. An Interested Party may amend its registration by giving written notice to the City Clerk by certified mail of any of the following: (i) change in address for notice purposes, (ii) in the case of organizations, a change in the name of the contact person, and (iii) a termination of registration. Upon receipt of such notice, the Clerk shall revise the applicable Registry accordingly. I. Registries Available for Public Inspection. Each Registry shall be available for public inspection during normal business hours. The Registry shall include the name, address and telephone number of each Interested Party and for organizations, the name and phone number of a designated contact person. J. Notices to be Sent to Interested Parties. Interested Parties shall be sent the following notices and any other notices required under the Act with respect to the applicable Redevelopment Project Area. (i) Pursuant to § 5/11-74.4-5(a) of the Act: Notice of the availability of a proposed redevelopment plan and eligibility report, including how to obtain this information; such notice will be sent by mail within a reasonable period of time prior to the adoption of the resolution fixing the public hearing for the proposed redevelopment plan, Exhibit D Page 17 of 22 (ii) Pursuant to § 5/11-74.4-5(a) of the Act: Notice of changes to proposed redevelopment plans that do not (1) add additional parcels of property to the proposed development project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of or extend the life of the redevelopment project or (4) increase the number of low or very low income households to be displaced from the Redevelopment Project Area, provided that, measured from the time of creation of the Redevelopment Project Area, the total displacement of inhabited households will exceed 10; such notice will be sent by mail not later than ten (10) days following the City's adoption by ordinance of such changes; (iii) Pursuant to § 5/11-74.4-5(c) of the Act: Notice of amendments to previously approved redevelopment plans that do not (1) add additional parcels of property to the Redevelopment Project Area, (2) substantially affect the general land uses in the redevelopment plan, (3) substantially change the nature of the redevelopment project, (4) increase the total estimated redevelopment project costs set out in the redevelopment plan by more than five percent after adjustment for inflation from the date the plan was adopted, (5) add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan, or (6) increase the number of low or very low income households to be displaced from the Redevelopment Project Area, provided that measured from the time of creation of the Redevelopment Project Area the total displacement of inhabited households will exceed 10; such notice will be sent by mail not later than ten days following the City's adoption by ordinance of such amendment; (iv) Pursuant to § 5/11-74.4-5(d)(9) of the Act, for redevelopment plans or projects that would result in the displacement of residents from ten or more inhabited residential units or that contain 75 or more inhabited residential units: Notice of the availability of this information, including how to obtain the report required by subsection (d) of Section 5/11-74.4-5 of the Act; such notice will be sent by mail within a reasonable period of time after completion of the certified audit report; (v) Pursuant to § 5/11-74 4-6(e) of the Act: Notice of the preliminary public meeting required under the Act for a proposed Redevelopment Project Area that will result in the displacement of ten or more inhabited residential units, such notice will be sent by certified mail not less than 15 days before the date of such preliminary public meeting. K. Non-Interference. These Registration Rules shall not be used to prohibit or otherwise interfere with the ability of eligible organizations and individuals to register for receipt of information to which they are entitled under the Act. L. Amendment of Registration Rules. These Registration Rules may be amended by the City subject to and consistent with the requirements of the Act. Exhibit D Page 18 of 22 ATTACHMENT 1 TO THE REGISTRATION RULES INTERESTED PARTIES REGISTRATION FORM Registration for Individuals: If you would like to register on the Interested Parties Registry for one or more tax increment financing (TIF) Redevelopment Project Areas, please complete Part A of this form. Registration for Organizations: If you would like to register on the Interested Parties Registry for one or more tax increment financing (TIF) Redevelopment Project Areas, please complete Part B of this form. PART A: REGISTRATION FOR CITY RESIDENTS (Please Print) Name Street Address Zip Code Home Telephone Fax Number E-mail Address Please provide the location(s) of the Redevelopment Project Area(s) you are interested in: ________________________________________ Please return this form to: TIF Interested Parties Registry Attention City Clerk 1420 Miner Street Des Plaines, Illinois 60016 Signature Date PART B: REGISTRATION FOR ORGANIZATIONS (Please Print) Organization Name Contact Name Street Address City State Zip Code Telephone Fax Number E-mail Address Please provide the location(s) of the Redevelopment Project Area(s) you are interested in: ________________________________________ Please return this form to: TIF Interested Parties Registry Attention City Clerk 1420 Miner Street Des Plaines, Illinois 60016 Signature Date Exhibit D Page 19 of 22 EXHIBIT E FORM REGISTRY NOTICE FORM OF NOTICE— OAKTON STREET TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA REGISTRATION FOR INTERESTED PARTIES Pursuant to Section 5/11-74.4-4.2 of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (“Act”), the City of Des Plaines (“City”) is required to establish an Interested Parties Registry (“Registry”) for each Tax Increment Financing (“TIF”) Redevelopment Project Area created pursuant to the Act (“Redevelopment Project Area”) whether existing as of the date of this notice or hereafter established. On May 20, 2019, the City adopted a resolution authorizing the establishment of a Registry by the City Clerk (“Clerk”) and adopting registration rules for the Registry. The purpose of this notice is to inform Interested Parties (as defined below) of the Registry and registration rules for the Registry and to invite Interested Parties to register in the Registry for any Redevelopment Project Area. Any individual or organization requiring information pertaining to activities within the Redevelopment Project Area (“Interested Party” or “Interested Parties”) is entitled to register in the Registry for the Redevelopment Project Area. Organizations include, but are not limited to, businesses, business organizations, civic groups, not-for-profit corporations, and community organizations. An organization seeking to register an Interested Party with respect to the Redevelopment Project Area must also complete and submit a registration form to the Clerk. An Interested Parties registry is being established for the following TIF Redevelopment Project Area, which has been adopted by the City: Oakton Street TIF District All individuals and organizations who submit registration forms that comply with the registration rules, either in person or by mail, to the City Clerk, located at 1420 Miner Street, Des Plaines, Illinois 60016 will be registered in the applicable Registry within ten (10) business days of the Clerk’s receipt of all such documents. The Clerk will provide written notice to the registrant confirming such registration. Upon registration, Interested Parties will be entitled to receive all notice and documents required to be delivered under the Act with respect to the applicable Redevelopment Project Area. If the Clerk determines that a registrant’s registration form is incomplete or does not comply with the registration rules adopted by the City, the Clerk will give written notice to the registrant specifying the defects. The registrant will be entitled to correct any defects and resubmit a new Registration form and supporting documentation. An Interested Party’s registration will remain effective for a period of three years. Rules for the renewal or amendment of an Interested Party’s registration are included with the registration form that may be obtained as described herein. Exhibit E Page 20 of 22 Each Registry will be available for public inspection at the Office of the Clerk during normal business hours. The Registry will include the name, address, and telephone number of each Interested Party and, for organizations, the name and phone number of a designated contact person. Interested Parties will be sent the following notices and any other notices required under the Act with respect to the applicable Redevelopment Project Area: (i) Pursuant to Section 5/11-74.4-5(a) of the Act, notice of the availability of a proposed redevelopment plan and eligibility report, including how to obtain this information; such notice will be sent by mail within a reasonable period of time prior to the adoption of the resolution fixing the public hearing for the proposed redevelopment plan; (ii) Pursuant to Section 5/11-74.4-5(a) of the Act, notice of changes to proposed redevelopment plans that do not (1) add additional parcels of property to the proposed development project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature or extend the life of the redevelopment project, or (4) increase the number of low or very low income households to be displaced from the Redevelopment Project Area, provided that, measured from the time of creation of the Redevelopment Project Area, the total displacement of inhabited households will exceed ten (10); such notice will be sent by mail not later than ten (10) days following the City’s adoption by ordinance of such changes; (iii) Pursuant to Section 5/11-74.4-5(c) of the Act, notice of amendments to previously approved redevelopment plans that do not (1) add additional parcels of property to the Redevelopment Project Area, (2) substantially affect the general land uses in the redevelopment plan, (3) substantially change the nature of the redevelopment project, (4) increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted, (5) add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan, or (6) increase the number of low or very low income households to be displaced from the Redevelopment Project Area, provided that measured from the time of creation of the Redevelopment Project Area the total displacement of inhabited households will exceed ten (10); such notice will be sent by mail not later than ten (10) days following the City’s adoption by ordinance of such amendment; (iv) Pursuant to Section 5/11-74.4-5(d)(9) of the Act, for redevelopment plans or projects that would result in the displacement of residents from ten (10) or more inhabited residential units or that contain seventy-five (75) or more inhabited residential units, notice of the availability of this information, including how to obtain the report required by subsection (d) of Section 5/11-74.4-5 of the Act; such notice will be sent by mail within a reasonable period of time after completion of the certified audit report; (v) Pursuant to Section 5/11-74.4-6(e) of the Act, notice of the preliminary public meeting required under the Act for a proposed Redevelopment Project Area that will result in the displacement of ten (10) or more inhabited residential units, such notice will be sent by Exhibit E Page 21 of 22 certified mail not less than fifteen (15) days before the date of such preliminary public meeting. Registration forms can be picked up from the City Clerk at 1420 Miner Street, Des Plaines, Illinois 60016. Registration forms can be obtained by Interested Parties in person or by their representatives. Registration forms will not be mailed or faxed. If you require additional information, please call the City Clerk at (847) 391-5311. Exhibit E Page 22 of 22 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: May 12, 2019 To: Mayor and Members of City Council From: Michael G. Bartholomew, ICMA-CM, City Manager Subject: Lease agreement for the Des Plaines Theater Issue: For City Council to consider approving a lease agreement with Onesti Entertainment Corporation for the operation of the Des Plaines Theater. Analysis: The Des Plaines Theater fell into severe disrepair and was declared uninhabitable by the City on February 20, 2014 after its owners failed to repair and remediate numerous health safety code violations. While reviewing all of the options available for the City, on August 8, 2017, the City entered into an agreement with River Casino, via Resolution R-101-17, which was a memorandum of understanding regarding the acquisition and renovation of the Des Plaines Theater. The agreement between Rivers and the City pledged a contributions from Rivers of 50% of the purchase price of the Theater up to $1 million. Additionally, Rivers pledged to contribute 50% of the costs incurred for Theater renovation up to $1 million. After many attempts of working with the owner of the Theater to bring the building into compliance, the City approved Ordinance M-45-17 authorizing the acquisition through condemnation of fee simple title to the property located at 1476 Miner Street on December 18, 2017. Subsequently, on February 20, 2018 the City approved Resolution R-48-18 authorizing the execution of a real estate purchase and sale agreement for the Des Plaines Theater 1470-1476 Miner in the amount of $1,257,500. On June 18, 2018, the City acquired the Des Plaines Theater after the 90 day due diligence period was completed. Soon after the acquisition, the City began the process of renovation. In July of 2018 the City issued a request for qualifications (RFQ). The City’s internal team interviewed 3 firms to operate the Theater. After the initial interviews City Council interviewed the top two firms. City Council then authorized the City Manager to negotiate a lease agreement which is attached for Council consideration. The lease is a 5 year term renewable at the sole discretion of the City. After the Theater is operational the tenant will begin paying the City $10,000 per month after the first 6 months. In year 2 rent will increase to $12,000 per month, in year 3 rent will increase to $14,000 per month, in year 4 rent will increase to $16,000 per month, and in year 5 rent will increase to $18,000 per month. The City will build out a restaurant space on the second floor in a vanilla box form. The tenant, at their own expense will build out the kitchen and restaurant space. After completion the tenant will be responsible for all of the day to day operational expenses. Recommendation: I recommend City Council approve a lease agreement with Onesti Entertainment Corporation for the operation of the Des Plaines Theater. Attachments: Attachment 1: Resolution R-107-19 Page 1 of 41 CITY OF DES PLAINES RESOLUTION R - 107 - 19 RESOLUTION APPROVING A LEASE AGREEMENT WITH ONESTI ENTERTAINMENT CORPORATION FOR THE OPERATION OF THE DES PLAINES THEATRE.___________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City is the owner the real property commonly known as the Des Plaines Theatre and located at 1476 Miner Street, 1486 Miner Street, and 1486 1/2 Miner Street, Des Plaines, Illinois 60016, and legally described in Exhibit A, attached to and, by this reference, attached to this Ordinance (collectively, the “Premises”); and WHEREAS, Onesti Entertainment Corporation, an Illinois corporation (“Tenant”), has agreed to lease the Premises and operate it in accordance with certain operational conditions (“Operational Conditions”); and WHEREAS, the City and Tenant desire to enter into a five year lease agreement to permit Licensee to operate the Premises in accordance with the Operational Conditions ("Lease Agreement"); and WHEREAS, the City Council has determined that is in the best interest of the City to enter into the Lease Agreement with Tenant; 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 LEASE AGREEMENT. The City Council hereby approves the Lease Agreement in substantially the form attached to this Resolution as Exhibit B, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE LEASE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Lease Agreement only after receipt by the City Clerk of at least two executed copies of the Lease Agreement from Tenant; provided, however, that if the City Clerk does not receive such executed copies of the Lease Agreement from Tenant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Lease Agreement shall, at the option of the City Council, be null and void. Attachment 1 Page 2 of 41 2 #67651395_v1 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 __________, 2019. APPROVED this ___ day of ___________, 2019. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Lease Agreement for Des Plaines Theatre Attachment 1 Page 3 of 41 3 #67651395_v1 EXHIBIT A LEGAL DESCRIPTION OF PREMISES The Premises is legally described as follows: PARCEL 1: LOT 68 AND 69 (EXCEPT THE NORTHEASTERLY 8 FEET TAKEN FOR ALLEY) IN ORIGINAL TOWN OF RAND (NOW VILLAGE OF DES PLAINES) A SUBDIVISION OF PART OF SECTIONS 16, 17, 20 AND 21, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.s: 09-17-415-010-0000 Commonly known as 1470-1476 Miner St., Des Plaines, Illinois PARCEL 2: THE SOUTHEAST 30.0 FEET OF LOT 67 (EXCEPT THE NORTHEASTERLY 8 FEET TAKEN FOR ALLEY) IN TOWN OF RAND, BEING A SUBDIVISION OF PARTS OF SECTIONS 16, 17, 20 AND SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.s: 09-17-415-024-0000 Commonly known as 1486 and 1486 1/2 Miner St., Des Plaines, Illinois Attachment 1 Page 4 of 41 DRAFT 4/10/19 LEASE AGREEMENT (1476 Miner Street, 1486 and 1486 ½ Miner Street, Des Plaines – Des Plaines Theatre) THIS LEASE AGREEMENT (the “Lease”) is dated as of the ____ day of April, 2019 and is by and between the CITY OF DES PLAINES, an Illinois home rule municipal corporation (“Landlord” or “City”) and the ONESTI ENTERTAINMENT CORPORATION, an Illinois corporation (“Tenant”). SECTION 1. RECITALS*. A. Landlord is the owner of a theatre with a concession area, a restaurant area and other improvements located at 1476 Miner Street Des Plaines Illinois 60016, and two storefronts commonly known as 1486 and 1486 ½ Miner Street, Des Plaines, Illinois 60016, and collectively defined in Section 2 of this Lease as the “Premises”. B. Tenant has agreed to lease the Premises and operate it in accordance with the Operational Conditions which are attached to this Lease as Exhibit B. C. The parties now desire to formalize the lease arrangement and evidence the same in a written document. SECTION 2. BASIC LEASE TERMS AND DEFINITIONS. Whenever used in this Lease, the following terms shall have the following meanings unless a different meaning is required by the context: “Accessory Spaces”: Those storefront spaces located at 1486 and 1486 ½ Miner Street that are included in the Premises. “Buildings”: Collectively, the structures located on the Premises as of the Lease Execution Date including the theatre building at 1476 Miner Street and two street facing tenant spaces at 1486 and 1486 ½ Miner Street. “Commencement Date”: The Commencement Date shall be the Lease Execution Date. “Environmental Law”: a. Any applicable federal, state or local statute, law, ordinance, rule, regulation, code, license, permit, authorization, approval, consent, order, judgment, decree, injunction, directive, requirement by, of, or agreement with any Governmental Agency, existing as of the Lease Execution Date and as amended thereafter, relating to: i. the protection, preservation or restoration of the environment (including, without limitation, air, water, vapor, surface water, ground water, drinking water supply, surface land, subsurface land, plant and animal life, or any other natural resource), or to human health and safety; or * All capitalized words and phrases throughout this Lease shall have the meanings set forth in the preamble above, in Section 2 of this Lease, or as defined within this Lease. Exhibit B Page 5 of 41 DRAFT 4/10/19 2 #66616992_v7 ii. the exposure to, or the use, storage, recycling, treatment, generation, transportation, processing, handling, labeling, production, release or disposal of, Hazardous Substances. b. Environmental Law also includes, without limitation, any common law or equitable doctrine (including, without limitation, injunctive relief and tort doctrines such as negligence, nuisance, trespass, and strict liability) that may impose liability or obligations for injuries or damages related or incidental to, or threatened as a result of, the presence of or exposure to any Hazardous Substance and the following statutes and implementing regulations: i. the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.); ii. the Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); iii. the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.); iv. the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.); v. the Toxic Substances Control Act, as amended (15 U.S.C. § 2601 et seq.); and vi. the Occupational Safety and Health Act, as amended (29 U.S.C. § 651 et seq.). “Fixtures”: The Fixtures shall include, without limitation, the Restaurant bar, banquets and all built-in furniture, cabinets, displays, floor coverings, paneling, railing, all electrical, plumbing, heating and sprinkling equipment, fixtures, outlets, window treatments, partitions, railways, gates, doors, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, fire suppression and/or life safety systems, refrigeration systems, stoves, ovens, grills, dishwashers, refrigerators and all other appliances and/or appurtenances of a similar nature or purpose whether or not attached to or built into the Premises and installed by Tenant or at Tenant’s direction. “Governmental Agency”: Any federal, state or local government, subdivision, district, agency, department, court, tribunal, officer, board, commission, or other instrumentality including the Landlord acting in its governmental capacity. “Hazardous Substance”: Any substance, whether liquid, solid or gas, that is listed, defined, designated or classified as toxic, hazardous, radioactive or dangerous under any Environmental Law, whether by type or by quantity. Hazardous Substance includes, without limitation, any explosive or radioactive material, asbestos, asbestos containing material, urea formaldehyde foam insulation, polychlorinated biphenyls, special waste or petroleum products or any derivative or by-product thereof, methane, toxic waste, pollutant, contaminant, hazardous waste, toxic or hazardous substances or related materials, as defined in any applicable Environmental Law. “Initial Term”: The term of this Lease shall be five years, beginning on the Operational Date as defined below. Exhibit B Page 6 of 41 DRAFT 4/10/19 3 #66616992_v7 “Intended Uses”: The uses as set forth in Exhibit A. “Landlord’s Work”: All construction and decoration of the Theatre proper required to be conducted by Landlord; excludes Operator Build-Out Improvements. “Lease Execution Date”: The date on which both parties caused this Lease to be fully executed, which shall be deemed to be the date referenced in the first paragraph of page 1 of this Lease. “Lease Year”: The first Lease Year shall be for a period of 12 consecutive calendar months beginning on the Operational Date, except if the Operational Date shall be any day other than the first day of a calendar month, the first Lease Year shall be the period beginning on the Operational Date and ending on the last day of the calendar month in which it shall occur, plus the following 12 calendar months. Each subsequent Lease Year shall be a successive period of 12 calendar months. “Operational Conditions”: Those certain conditions, requirements, and obligations governing Tenant’s operation of the Premises for the Intended Use as set forth in Exhibit B. “Operational Date”: That date upon when the renovation and rehabilitation of the Theatre is completed and a temporary certificate of occupancy or complete certificate of occupancy has been issued by the City for the Premises excluding the Restaurant Space and the Accessory Spaces, which shall be provided to Tenant in the condition described in Section 10. “Operator Build-Out Improvements”: Those certain improvements to the Buildings to be constructed or installed by Tenant in the manner contemplated in Exhibit E of this Lease. “Premises”: Those certain parcels of real property commonly known as the “Des Plaines Theatre” and located at 1476 Miner Street, and the “Accessory Spaces” and located at 1486 and 1486 1/2 Miner Street, Des Plaines, Illinois 60016 collectively also referred to herein as the “Theatre” and legally described in Exhibit C, including the Buildings, and certain rights of ingress and egress thereto. “Property Taxes”: Ad valorem real property taxes and assessments (whether general or special) that are lawfully levied or assessed by any Governmental Agency and that become a lien on, or are levied against, the tax parcel of which the Premises is a part during the Term of the Lease. Property Taxes are levied a year behind in Cook County Illinois and therefore Tenant will be responsible for Taxes that come due after the termination of the Lease. “Renewal Term”: A single extension period of five years that may be entered into upon agreement of the parties and in Landlord’s sole discretion. “Rent”: The amounts set forth in Exhibit D to be paid on a monthly basis by Tenant to Landlord for use of the Premises as well as all other amounts owed by Tenant under this Lease. “Rent Commencement Date”: The Rent Commencement Date shall be the first day after the substantial completion and approval by Landlord/City of the Operator Build-Out Improvements described in Exhibit E, as evidenced by the issuance of a certificate of Exhibit B Page 7 of 41 DRAFT 4/10/19 4 #66616992_v7 occupancy by the appropriate Governmental Agency, but in no event later than six months after the Operational Date. “Restaurant”: As defined in Section 10 of this Lease. “Restaurant Space”: That approximately 3,000 square foot portion of the Theatre building located on the second floor to be improved pursuant to Exhibit E. “Restaurant Improvements”: A subset of the Operator Build-Out Improvements defined in Exhibit E. “Term”: The Initial Term and the Renewal Term if exercised pursuant to the provisions of this Lease, as the context shall require. “Utility Services”: All water, gas, electric, heat, light, power, sewer, refuse and telecommunications and other utilities and services supplied to the Premises. SECTION 3. DEMISE. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises to be operated for the Intended Use and in accordance with the Operational Conditions. SECTION 4. TERM AND TERMINATION. A. Initial Term. Tenant shall have and hold the Premises, and such related uses of the Premises as may be described in this Lease, for the Initial Term, unless sooner terminated as hereinafter provided. B. Renewal Term. The parties may extend the Initial Term for a period of five years, at the sole and absolute discretion of Landlord, and upon the terms, covenants, and conditions agreed to by the parties as confirmed by the written agreement of the parties (“Renewal Term”). C. Termination. Notwithstanding anything in this Lease to the contrary, if Ron Onesti, designated as Key Personnel in the Operational Conditions, is no longer the owner or an employee of Tenant, or is unable to perform his duties in accordance with the Operational Conditions for any reason, including death or disability, then Landlord, in its sole discretion may terminate this Lease upon written notice to Tenant, effective within 45 days after such notice. SECTION 5. SECURITY DEPOSIT AND RENT. A. No security deposit shall be required of Tenant at the commencement of this Lease. Landlord reserves the right, in its sole discretion, to require a security deposit from Tenant at any time during the Term. B. Commencing on the first day of the Rent Commencement Date, and on the first day of every month thereafter, Tenant shall pay to Landlord, in advance, the Rent. C. Tenant shall pay the Rent to Landlord at the following address: Des Plaines City Hall 1420 Miner St. Des Plaines, Illinois 60016, Attn: Director of Finance. Exhibit B Page 8 of 41 DRAFT 4/10/19 5 #66616992_v7 D. Tenant shall pay to Landlord a late payment charge equal to five percent (5%) of the total amount due for any amount of the Rent not paid within 10 days after the date on which such Rent is due. E. All amounts owing by Tenant to Landlord (other than Rent) shall be deemed additional rent. For purposes of this Lease, the term “Rent” shall mean collectively, the sum of the Rent and any additional rent. In the event of any default in the payment of any additional rent, Landlord shall have the same rights and remedies as are available with respect to a default in the payment of Rent. SECTION 6. TAXES. A. The Premises, as of the Commencement Date, are either exempt from Property Taxes or the Premises have been assessed based on its status as a vacant real estate. However, when the Premises, or any portion of or interest in, is determined to be subject to Property Taxes by a Governmental Agency with appropriate jurisdiction, then Tenant shall be solely responsible for, and shall timely pay to Landlord pursuant to Paragraph 6.b of this Lease, any and all Property Taxes levied and assessed, if any, against the Premises, as additional Rent beginning on the Rent Commencement Date to and including the last day of the Term. Tenant shall not be required to pay any Property Taxes assessed for the time period before the Rent Commencement Date. The parties recognize that Illinois is a year behind in the levying of Property Taxes and agree that Tenant will pay the Property Taxes assessed for Term of the Lease, even though this may mean a payment of Property Taxes will be due from Tenant to Landlord after the Lease Term has ended and the Lease has been terminated. B. Beginning on the Rent Commencement Date, Tenant will pay to Landlord, on a monthly basis, a 1/12 share of an amount equal to the real property taxes assessed against the Premises in its first full year of operation and each subsequent year thereafter (“Monthly Estimated Property Taxes”). The parties acknowledge and agree that as there is no “base year” due to the fact that the Premises are currently exempt or not taxed on the basis of an occupied theatre, the Monthly Estimated Property Taxes for the Theatre’s first year of operation shall be $10,083 per month. In the event that the sum of the Monthly Estimated Property Taxes paid by Tenant are not sufficient to pay the taxes actually levied for a tax year, Landlord shall invoice Tenant for the difference, which amount shall be paid to Landlord with the Monthly Estimated Property Taxes on a pro-rated basis over the following twelve months unless the Lease is terminated, then Tenant shall pay the amount requested within thirty days of the invoice from Landlord. Likewise, if the sum of the Monthly Estimated Property Taxes paid by Tenant exceed the amount actually levied, then Tenant shall be entitled to a refund payable either in (i) a lump sum with Landlord paying the latest tax installment; or (ii) in a monthly pro-rated reduction in the Monthly Estimated Property Taxes for the following twelve months, unless it is at the end of the Term, then Landlord will retain with the balance of the Estimated Monthly Property Taxes held by Landlord until the second installment of the tax bill for the last year of the Term is issued and Landlord will pay the tax bill. C. Tenant may not protest the assessment of the Premises or amount of the Property Taxes, or undertake any action to divide or consolidate the Premises, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. Exhibit B Page 9 of 41 DRAFT 4/10/19 6 #66616992_v7 SECTION 7. USE, ZONING, AND PARKING. A. Prior to commencing the Intended Uses, Tenant shall obtain any and all approvals that may be required by any and all Governmental Agencies (including the Landlord/City conditional use permit) and any other applicable entities in connection with the use of the Premises. B. Tenant shall have the right to use the Premises solely for the Intended Uses and no other use. Tenant shall not use the Premises in any manner that violates the Operational Conditions or the laws or ordinances of Landlord or of any other Governmental Agency with jurisdiction. C. Tenant shall be entitled to conduct valet parking for events held at the Premises, subject to the terms of a license agreement with Landlord for use of a municipal parking lot structure (“Parking License Agreement”) to be negotiated in good faith between the parties at a later date. SECTION 8. TITLE, QUIET ENJOYMENT, AND ACCESS. A. Landlord warrants that it has title to the Premises in fee simple. B. Subject to the other terms and provisions of this Section 8 and Section 22 of this Lease, Landlord covenants and agrees that upon (i) payment by Tenant of Rent as set forth in Section 5 of this Lease and (ii) performance by Tenant of all terms, covenants and conditions of this Lease applicable to Tenant or all terms, covenants and conditions of the Operational Conditions, Tenant shall peaceably and quietly hold and enjoy the Premises and the rights and privileges granted for the Term demised without hindrance or interference by Landlord, and Landlord shall perform all of its obligations under this Lease. C. Notwithstanding Tenant’s exclusive use and control of the Premises, Landlord and its agents, employees, and independent contractors shall have the right to enter in and upon the Premises at any time during the Term for the purpose of examining and inspecting the Premises, provided, however, that in entering in or upon the Premises such persons shall not unreasonably interfere with Tenant’s use and occupancy of the Premises. SECTION 9. UTILITIES. From the Rent Commencement Date and continuing throughout the Term, Tenant shall be responsible for (i) obtaining all Utility Services supplied to the Premises, and (ii) the prompt payment of all charges for Utility Services supplied to the Premises. SECTION 10. OPERATOR BUILD-OUT IMPROVEMENTS. A. Restaurant Space: Landlord will deliver to Tenant the Restaurant Space in a “vanilla box” condition, suitable for buildout as a first-class, full-service sit-down restaurant and bar with all utilities operational (“Restaurant”). Landlord will install in the Restaurant, at its cost and prior to delivery to Tenant, a kitchen hood and duct ventilation system complete with a fire suppression system. Tenant shall, at its own expense, make the alterations, improvements, and additions in and to the Restaurant Space necessary to convert it into a full-service sit-down restaurant and bar in compliance with the terms of Exhibit E “Operator Build-Out Improvements,” B. Accessory Spaces: Landlord will deliver to Tenant the Accessory Spaces in a “vanilla box” condition, suitable for buildout as offices, dressing rooms, or ticket windows, as may Exhibit B Page 10 of 41 DRAFT 4/10/19 7 #66616992_v7 be required for the operation of the Theatre in Tenant’s discretion (“Accessory Uses”). Tenant shall, at its own expense, make the alterations, improvements, and additions in and to the Accessory Uses necessary for the Accessory Uses in compliance with the terms of Exhibit E “Operator Build-Out Improvements,” C. All proposed alterations, improvements, or additions made by Tenant shall be consistent with the historic nature of the Premises and approved by Landlord. D. Upon termination of this Lease, it shall be the responsibility of Tenant to return the Restaurant Space and Accessory Spaces to substantially the conditions they were delivered by the City. SECTION 11. CONDITION AND MAINTENANCE. A. Condition of Premises. Tenant agrees to accept the Premises in the condition it is in at the Operational Date. B. Maintenance Standards. Tenant shall, at its sole cost and expense, maintain the Premises and all of its improvements, equipment, and other personal property located upon or within the Buildings in first-class condition and repair, including but not limited to the Theatre entrance (doors), with the exception of those portions of the Premises that are listed in Section 11.D of this Lease and designated as the responsibility of Landlord. Such maintenance shall include any and all regular and customary maintenance as is reasonably required. C. Tenant’s Maintenance Responsibilities. Tenant shall, at its sole cost and expense, (i) provide adequate janitorial service for the Buildings, which shall include keeping the interior and exterior of the Buildings in a clean and orderly condition, free of accumulations of dirt, rubbish, unlawful obstructions, and any dangerous, noxious, hazardous, or offensive conditions, (ii) maintain all landscaping on the Premises in first-class condition, (iii) pay Landlord for snow removal for the public and private sidewalks and roads on and adjacent to the Premises in the manner provided below in Section 11.D, (iv) pay all day-to-day maintenance expenses incurred as a result of Tenant’s occupation and operation of the Premises including interior maintenance (including, without limitation, interior painting, plumbing, and repair of theatre seating) as well as any damages caused by Tenant, its employees, or any person attending an event on the Premises scheduled and hosted by Tenant; (v) independently contract for the extermination of the Premises (on a monthly basis, or more frequently, if needed), to prevent insect and rodent infestation, (vi) clean out grease traps on a monthly basis on a monthly basis, or more frequently, if needed; and (vii) maintain, repair, and replace components of the Lighting and Sound Equipment (defined in Subsection 11.D.13 below) required as a result of ordinary wear and tear or damage done to such equipment by employees, customers, clients, guests, or invitees of Tenant. D. Landlord’s Maintenance Responsibilities. Landlord shall, at its sole cost and expense, be responsible for the maintenance and repair of the following portions of the Premises and the Buildings to the extent provided for in this Section 11.D; provided, however that Tenant shall remain responsible and liable for any repairs or maintenance required as a direct result of the negligence of Tenant, or its contractors, employees, agents, invitees, licensees, or permittees, and Landlord shall have no responsibility for or financial obligation arising from such repairs or maintenance. 1. Structural Elements: Landlord shall, at its sole cost and expense, keep in good order, condition, and repair (including replacement, when necessary) Exhibit B Page 11 of 41 DRAFT 4/10/19 8 #66616992_v7 the structural components of the Buildings, including, without limitation, the roof, exterior walls, and load bearing elements; 2. HVAC: Landlord will perform bi-monthly maintenance and inspections on all heating, ventilation, and air conditioning systems and pay for repairs; 3. Elevator: Landlord will perform monthly maintenance and inspections on the elevator and pay for repairs; 4. Fire Alarm: Landlord will perform maintenance and annual inspections on the fire alarm and pay for repairs; 5. Fire Suppression System: Landlord will perform monthly maintenance and annual inspections on the fire suppression system and pay for repairs; 6. Backflow/RPZ Devices: Landlord will perform annual maintenance and inspections on the backflow devices and pay for repairs; 7. Building Exterior: Landlord will perform regular maintenance and inspections on the building exterior and pay for repairs with the exception of damage by Tenant or its employees, customers, clients, guests, or invitees (e.g. broken windows or doors); 8. LED Marquee: Landlord will perform regular maintenance and inspections as it pertains to the lighting and display components of the LED marquee. Costs for repair/replacement of the LED marquee, after initial installation, and associated software shall be shared equally between the parties; 9. Sanitary Sewer: Landlord will responsible for the maintenance and repair of the sanitary sewer from the exterior building line to the main-line sewer. Maintenance of all internal sewage waste pipes including grease traps are the responsibility of Tenant; 10. Domestic Water Supply: Landlord will be responsible for the domestic water supply from the meter to Landlord-owned water main. Maintenance of all other internal domestic water supply pipes and appurtenances are the responsibly of Tenant; 11. Electric Service: Landlord will be responsible for the electric service from the point of delivery from ComEd to the main electric distribution panels. Tenant is responsible for all electric wiring and system beyond the main panels including sub-panels; 12. Snow and Ice Removal. Landlord will perform snow and ice removal from the public walkways adjacent to the Premises on Miner Street, Lee Street, and the rear walkway on the east side of the Premises at no charge through and until December 31, 2020. After December 31, 2020, City reserves the right to establish a special service area (SSA) or other legal legally permitted assessment to fund or reimburse the cost of snow and ice removal from the sidewalks within the City’s Central Business District. Tenant agrees it will not challenge, impede, or otherwise object to the creation of such special service area or the levying of such assessment Exhibit B Page 12 of 41 DRAFT 4/10/19 9 #66616992_v7 and shall pay its proportional share of costs arising from the City’s snow and ice removal activities as may be required under law; and 13. Theatre Lighting and Sound Equipment. Prior to Tenant’s occupancy, Landlord will procure and install basic lighting and sound systems suitable for live performance of music and theatre including equipment of comparable makes, models, and features to those described in Exhibit F attached hereto (“Lighting and Sound Equipment”). Any specialty equipment needed for specific events will be procured, installed, and maintained by Tenant. The Lighting and Sound Equipment shall remain the property of Landlord notwithstanding any maintenance, repair, or replacement conducted by Tenant. SECTION 12. INDEMNIFICATION. Tenant shall indemnify and save Landlord, Landlord, its elected and appointed officials, officers, agents, attorneys, employees, contractors, successors, and assigns, harmless from and against any and all losses, expenses, claims, costs, causes, actions, litigation costs, attorney’s fees, suits, and damages, relating to personal or bodily injuries, death, or damages or injuries to property arising from, occurring, growing out of, incident to, or resulting directly or indirectly from the use of, or contact with, the Premises by Tenant or its contractors, employees, engineers, agents, invitees, licensees, or permittees, arising from Tenant’s occupation of the Premises or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its agents or employees, successors or assigns, by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Notwithstanding anything to the contrary herein, Tenant shall not indemnify Landlord or its agents and employees (or its successors and assignees) with respect to any claim, demand, cost or expense caused by or, arising out of Landlord’s or its agents’ and employees’ gross negligence or willful misconduct. Notwithstanding the foregoing, Landlord, as an Illinois municipal corporation does not waive any of its rights under the Illinois Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/1 et seq.) and can only be held accountable for its willful and wanton misconduct. Tenant’s obligations under this Section shall be in addition to, and shall not be limited or waived by any insurance, including any insurance provided by Tenant pursuant to this Lease, or any insurance provided by Landlord. SECTION 13. INSURANCE. A. Insurance Required. Landlord has caused the Premises to be self-insured or insured by responsible insurance compan(ies) in an amount sufficient to cover the replacement costs thereof in case of loss by fire or other casualty or disaster. In the event of such loss, Landlord, in its sole discretion, may terminate the Lease upon written notice to Tenant and not restore or repair of the Premises. Tenant hereby waives any rights in said policies maintained by Landlord and agrees that Tenant shall not be entitled to be named an insured thereunder. B. Required Coverages. Tenant shall maintain, at its sole cost and expense, throughout the Term, the following policies of insurance: 1. General Liability Insurance. Insuring Tenant against liability for personal injury, death or damage to property arising out of the use of the Premises Exhibit B Page 13 of 41 DRAFT 4/10/19 10 #66616992_v7 by Tenant. Such insurance shall provide coverage with policy limits of not less than $1 million in the event of bodily injury or death to one or more persons and in an amount of not less than $1 million for property damage, and umbrella liability insurance providing excess coverage with policy limits of not less than $5 million, and including a contractual liability endorsement covering Tenant’s indemnification obligations pursuant to this Lease; 2. Workers’ Compensation and Employer’s Liability Insurance. With such limits as are required by law, and employees’ liability insurance, with limits not less than $500,000 per person-injury and $1 million per occurrence. Worker’s compensation, disability and such other similar insurance with statutory limits covering all persons that are performing alterations, installation, additions or working in the Premises, and with respect to whom death or bodily injury claims could be asserted against Landlord; 3. Dram Shop Insurance. In the event any alcoholic beverages, including, but not limited to beer and wine, shall be sold in or upon the Premises, Tenant shall carry insurance against any and all liability, claims, damages and liabilities, related to, resulting from or caused in whole or in part by the selling of such alcoholic beverages required under Section 6-21 of the Illinois Liquor Control Law (235 ILCS 5/6-21, the “Dram Shop Act”) and under any future law, statute, rule or ordinance pertaining to the storage, sale, use or gift of alcoholic beverages on or from the Premises, with limits no less than $1,000,000.00 per occurrence; 4. Automobile Insurance. Automobile liability for all owned or hired automobiles operated in conjunction with the Theatre; 5. Coverage for Operator Build-Out Improvements and Personal Property. All-risk coverage, vandalism, malicious mischief, water damage and special extended coverage for the full cost of replacement of all Operator Build-Out Improvements and all items that are not the expressed responsibility of Landlord to insure under this Lease; and 6. Umbrella Coverage. The required coverages set forth below may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. The limit of any umbrella policy shall be an additional $5,000,000. All of said insurance shall be with commercially reasonable deductibles and shall provide that it shall not be subject to cancellation, termination or change (except for changes that increase coverage), except upon at least thirty (30) days’ prior written notice to Landlord and any other additional insureds. All liability insurance coverage shall cover Landlord, its principals, its boards, committees, commissions, elected and appointed officials, officers, agents, employees, engineers, representatives and attorneys. All insurance policies shall be written by good and solvent insurance companies authorized to do business in the State of Illinois, and having a rating in A.M. Best’s Guide of A-VIII or higher (or a comparable or higher rating issued by another nationally recognized rating organization). Exhibit B Page 14 of 41 DRAFT 4/10/19 11 #66616992_v7 C. Waiver of Subrogation. Notwithstanding any other provision to this Lease to the contrary, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty, and to the extent that such insurance is in force and collectible and to the extent permitted by law, Landlord and Tenant each hereby releases and waives all right of recovery against the other or any one claiming through or under each of them by way of subrogation or otherwise. The foregoing release and waiver shall be in force only if both releasors’ insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance and also provided that such a policy can be obtained without additional premiums. D. Notification of Cancellation or Modification. With respect to all insurance policies required to be maintained by Tenant pursuant to this Lease, the policy shall contain the following endorsement: “The insurer shall give the City of Des Plaines no less than thirty days prior written notice of any intention not to renew such policy or to cancel, replace, or materially alter the same, such notice to be given by certified mail, return receipt requested, addressed to: City Manager, City of Des Plaines, 1420 Miner Street, Des Plaines, Illinois 60016.” Tenant shall send a certificate of insurance for each such policy to Landlord prior to the Operational Date, annually thereafter upon renewal, or any time a new policy is issued. Each policy (with the exception of workers compensation and employer’s liability) (i) shall name Landlord as an additional insured; (ii) shall include a waiver of subrogation in favor of Landlord; and (iii) shall contain a primary/noncontributory endorsement in favor of Landlord. Umbrella coverages shall follow form. SECTION 14. DAMAGE AND DESTRUCTION. A. Except as otherwise provided in Section 13.A of this Lease, if the Premises shall be damaged or destroyed by fire or other casualty, either in whole or in part, Landlord shall restore the Premises to its condition prior to such damage or destruction with such insurance proceeds as may be available. If insurance proceeds are not available, and Landlord, in its sole discretion, elects not to restore the Premises, Landlord shall have the right to terminate this Lease by giving Tenant written notice, effective within 30 days after such notice. B. Except as otherwise provided in Section 13.A of this Lease, if the Premises shall be damaged or destroyed to the extent that the Premises are rendered untenantable, Landlord and Tenant shall each have the right to terminate this Lease by giving notice to such effect to the other party at any time following the expiration of 120 days after such damage or destruction occurred unless at the time of the giving of such notice a contract for such work of restoration shall have been awarded by Landlord. C. Anything herein to the contrary notwithstanding, if, during the last six months of the Initial or of any Renewal Term, the Premises should be damaged or destroyed by fire or other cause to such an extent that the cost of restoration would exceed 50% of the amount it would have cost to replace the Premises in its entirety at the time such damage or destruction took place, either Landlord or Tenant shall have the right to terminate this Lease by giving the other party notice to such effect within 30 days after such damage or destruction shall have taken place, and if such notice is given, the term of this Lease shall terminate as of the earlier of the date Tenant vacates the Premises or 60 days after the giving of such notice. Exhibit B Page 15 of 41 DRAFT 4/10/19 12 #66616992_v7 D. During the course of restoration of the Premises there shall be no abatement of Rent unless the Premises shall have been rendered untenantable by reason of such damage or partial destruction, in which case the Rent, which is fairly allocable to the space which is being restored, shall abate until such restoration work shall have been completed. SECTION 15. EMINENT DOMAIN. In the event that all or substantially all of the Premises shall be taken by any Governmental Agency (other than Landlord) or utility that has the power of eminent domain, then Tenant shall have the right to terminate this Lease within 60 days thereafter. Each party shall have the right to maintain its own respective action against such Governmental Agency or utility for its respective damages and neither party shall have any interest in any award granted to the other. Notwithstanding the foregoing, in the event Landlord exercises its eminent domain authority with respect to the Premises, either Landlord or Tenant shall have the right to terminate this Lease. SECTION 16. ENVIRONMENTAL COMPLIANCE. A. Tenant shall, at Tenant’s sole cost and expense, comply with all Environmental Laws pertaining to Tenant’s operations on the Premises and shall not cause or permit any Hazardous Substance to be brought, kept, stored, or used in or about the Premises. B. If Tenant causes or permits any Hazardous Substance to be brought, kept, stored, or used in or about the Premises and such violation results in the contamination of the Premises, Tenant shall indemnify, save harmless and defend Landlord, and its boards, committees, commissions, elected and appointed officials, officers, agents, and employees, against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Tenant’s acts or omissions in connection with such Hazardous Substance whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Tenant, except to the extent caused by the sole negligence of Landlord. C. Tenant represents, covenants and warrants that Tenant’s operations in, on, or under the Premises shall be in compliance with all applicable Environmental Laws. SECTION 17. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or sublet this Lease, in whole or in part, without the express, prior written consent of Landlord, which Landlord may, in its sole and absolute discretion, withhold. Any assignment or sublease without such written consent shall, at Landlord’s option, be deemed to be void and of no force or effect. In the event of any sublease or assignment, Tenant shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants or conditions of this Lease. SECTION 18. DEFAULT. A. Tenant shall be in default of this Lease if Tenant: 1. fails to pay, when due, any Rent or any other sums due and payable hereunder (including, without limitation Property Taxes and Utility Service charges) within 15 days after notice by Landlord to Tenant specifying the amount and details of unpaid Rent or other sums due hereunder; or Exhibit B Page 16 of 41 DRAFT 4/10/19 13 #66616992_v7 2. breaches any other covenant or condition of this Lease and does not cure such other default within 30 days after notice from Landlord specifying the default complained of (provided that if such default is not reasonably susceptible of cure within said 30 day period and if Tenant is diligently and continuously pursuing such cure to completion then such cure period may be extended by up to 60 additional days); 3. abandons the Premises for a period of 45 or more consecutive days; 4. is adjudicated as bankrupt or makes an assignment for the benefit of creditors; 5. becomes legally insolvent; or 6. is in violation of any term or provision of the Operational Conditions and fails to cure such violation in accordance with the timeline set forth in Section 18.D below. B. In the event of a default as described above, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have in law or equity with only such further demand or notice as may be required by applicable law, to re-enter the Premises and eject all persons therefrom, and either: 1. declare this Lease at an end, in which event Tenant shall immediately remove its facilities, equipment and property and pay Landlord a sum of money equal to the total of: (i) the amount of the unpaid Rent accrued through the date of termination; (ii) the amount by which the unpaid Rent reserved for the balance of the Term exceeds the amount of such loss of Rent that Tenant proves could be reasonably avoided (net of the costs of such reletting); and (iii) any other amount necessary to compensate Landlord for all detriment directly and proximately caused by Tenant’s failure to perform its obligation under the Lease; or 2. without terminating this Lease, relet the Premises, or any part thereof, for the account of Tenant upon such terms and conditions as Landlord may deem advisable, and any monies received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys’ fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any deficiency monthly upon demand. C. No re-entry and taking of possession of the Premises by Landlord shall be construed as an election on Landlord’s part to terminate this Lease, regardless of the extent of renovations and alterations by Landlord, unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. D. Landlord shall be in default of this Lease if Landlord shall breach any of its covenants contained in this Lease and does not cure such default within 30 days after notice from Tenant specifying the default complained of (provided that if such default is not reasonably Exhibit B Page 17 of 41 DRAFT 4/10/19 14 #66616992_v7 susceptible of cure within said 30 day period and if Landlord is diligently and continuously pursuing such cure to completion, then such cure period may be extended by up to 90 additional days). E. In any action or proceeding hereunder, the prevailing party shall be entitled to recover from the other the prevailing party’s reasonable costs and expenses in such action or proceeding, including, without limitation, reasonable attorneys’ fees. In the event either party is sued by a third party as a result of a violation of a covenant or warranty herein contained by the other party hereto, then the party who has violated the covenant or warranty shall be responsible for the reasonable costs and expenses in such action or proceeding against the non-violating party, including, without limitation, reasonable attorneys’ fees. SECTION 19. FORCE MAJEURE. Except as otherwise expressly set forth herein, in the event either party hereto shall be delayed or hindered in, or prevented from, the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive laws or regulations of Governmental Agencies, riots, insurrection, war, or other reasons of a like nature not the fault of the party delayed in doing acts required under the terms, covenants and conditions of this Lease (all of such reasons or causes referred to in this Lease as “Force Majeure”), then performance of such acts shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. SECTION 20. ESTOPPEL CERTIFICATE. Upon notice from either Landlord or Tenant to the other party, such other party shall, within 20 days of receipt of such notice, execute and deliver to the requesting party, without charge, a written statement ratifying this Lease and certifying that (i) this Lease is in full force and effect, if such is the case, and has not been modified, assigned, supplemented or amended, except by such writings as shall be stated, (ii) all terms, covenants and conditions under this Lease to be satisfied and performed have been satisfied and performed, except as shall be stated; (iii) the other party is not in default under this Lease; except as shall be stated; and (iv) the amount of advance rental, if any, paid by Tenant and the date to which rental has been paid. SECTION 21. SUBORDINATION. A. Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any first mortgage or deed or trust or bond now or hereafter placed upon Landlord’s interest in the Premises; provided, however, that Tenant’s (i) possession of the Premises shall not be disturbed so long as Tenant continues to perform its duties and obligations under this Lease; and (ii) duties and obligations under this Lease shall not be expanded nor its rights diminished by the operation of this Section. B. Tenant shall attorn to the mortgagee, trustee, beneficiary or bond holder under any such mortgage, deed of trust or bond, and to the purchaser in a sale pursuant to the foreclosure thereof; provided, however, that Tenant’s possession of the Premises shall not be disturbed so long as Tenant shall continue to perform its obligations under the Lease. SECTION 22. SURRENDER OF PREMISES. A. Surrender. On the earlier of (i) the date the Initial Term, or if renewed, the Renewal Term, expires or (ii) the date the Lease is terminated in accordance with any applicable Exhibit B Page 18 of 41 DRAFT 4/10/19 15 #66616992_v7 provision of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as when Tenant accepted the Premises pursuant to Section 11.A of this Lease, excepting, however, ordinary wear and tear, and alterations, improvements, and additions made by Tenant pursuant to Section 10 of this Lease. B. Holding Over. If Tenant retains possession of the Premises or any part thereof after the termination of the Term or any extension thereof, by lapse of time or otherwise, Tenant shall pay Landlord the monthly Base Rent, at 150% of the rate payable for the month immediately preceding said holding over for each month or part thereof that Tenant thus remains in possession as liquidated damages. The provisions of this Section do not exclude Landlord’s rights of re-entry subject to applicable law or any other right hereunder. SECTION 23. NO BROKER’S COMMISSION. Landlord and Tenant each warrant to the other that they have used no brokerage entity in connection with this Lease and that no brokerage fees or commissions are owed in connection therewith. Each party shall, and does hereby, indemnify, save harmless, and agree to defend the other from any liability for any such fees and commissions. SECTION 24. GENERAL. A. Notices. Any notice or communication required or permitted to be given under this Lease shall be in writing and shall be delivered (1), personally, (2) by a reputable overnight courier, (3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid, and(4) by facsimile. Facsimile notices shall be deemed valid only to the extent that they are (a) actually received by the individual to whom addressed and (b) followed by delivery of actual notice in the manner described in either (1), (2) or (3) above within three business days thereafter at the appropriate address set forth below. Unless otherwise expressly provided in this Lease, notices shall be deemed received upon actual receipt. By notice complying with the requirements of this Section, each party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to Landlord shall be addressed to, and delivered at, the following address: City Manager 1420 Miner Street Des Plaines, Illinois 60016 Facsimile: 847-391-5451 With a copy to: Holland & Knight LLP 150 North Riverside Plaza Chicago, Illinois 60606 Attention: Peter Friedman Facsimile: 312-578-6666 Notices and communications to Tenant shall be addressed to, and delivered at, the following address: Onesti Entertainment Corporation Exhibit B Page 19 of 41 DRAFT 4/10/19 16 #66616992_v7 2720 S. River Rd Suite 254 Des Plaines IL 60018 Attention: Ron Onesti With copy to: B. Time of the Essence. Time is of the essence in the performance of all terms, covenants, and conditions of this Lease. C. Rights Cumulative. Unless expressly provided to the contrary in this Lease, each and every one of the rights, remedies and benefits provided by this Lease shall be cumulative and shall not be exclusive of any other such rights, remedies and benefits allowed by law. D. Non-Waiver. The failure of Landlord or Tenant to enforce against the other any term, covenant, or condition of this Lease shall not be deemed a waiver thereof, nor void or affect the right of the aggrieved party to enforce the same term, covenant, or condition on the occasion of any subsequent breach or default; nor shall the failure of either party to exercise any option in this Lease upon any occasion arising therefore be deemed or construed to be a waiver of the right to exercise that same kind of option upon any subsequent occasion. E. Consents. Whenever the consent or approval of either party is required in this Lease, such consent or approval shall be in writing and shall not be unreasonably withheld or delayed, and, in all matters contained herein, both parties shall have an implied obligation of reasonableness, except as may be expressly set forth otherwise. F. Governing Law. This Lease shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflict of laws rules, of the State of Illinois. G. Severability. It is hereby expressed to be the intent of the parties hereto that should any provision, covenant, agreement, or portion of this Lease or its application to any person, entity, or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Lease and the validity, enforceability, and application to any person, entity, or property shall not be impaired thereby, but such remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Lease to the greatest extent permitted by applicable law. H. Entire Agreement. This Lease shall constitute the entire agreement of the parties hereto; all prior agreements between the parties, whether written or oral, are merged herein and shall be of no force and effect. I. Grammatical Usage and Construction. In construing this Lease, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. J. Interpretation. This Lease shall be construed without regard to the identity of the party who drafted the various provisions hereof. Moreover, each and every provision of this Lease shall be construed as though all parties hereto participated equally in the drafting thereof. 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 hereto. Exhibit B Page 20 of 41 DRAFT 4/10/19 17 #66616992_v7 K. Headings. The table of contents, heading, titles and captions in this Lease have been inserted only for convenience and in no way define, limit, extend or describe the scope or intent of this Lease. L. Exhibits. Exhibits A, B, C, D, E, and F attached to this Lease are, by this reference, incorporated in and made a part of this Lease. In the event of a conflict between an exhibit and the text of this Lease, the text of this Lease shall control. M. Amendments and Modifications. No amendment or modification to this Lease shall be effective unless and until it is reduced to writing and approved and executed by all parties to this Lease in accordance with all applicable statutory procedures. N. Changes in Laws. Unless otherwise explicitly provided in this Lease, any reference to any statute, code, ordinance, or law shall be deemed to include any modifications thereof, or amendments thereto as may, from time to time, hereinafter occur. O. Warranties Regarding Execution. 1. In order to induce Tenant to enter into this Lease, Landlord hereby warrants and represents to Tenant as follows: a. Landlord has the authority and legal right to make, deliver and perform this Lease and has taken all necessary actions to authorize the execution, delivery, and performance of this Lease; and b. the execution, delivery and performance of this Lease (i) is not prohibited by any requirement of law under any contractual obligation of Landlord; (ii) will not result in a breach or default under any agreement to which Landlord is a party or to which Landlord is bound; and (iii) will not violate any restrictions, court order, or agreement to which Landlord is subject; and c. The party executing this Lease on behalf of Landlord has full authority to bind Landlord to the obligations set forth herein. 2. In order to induce Landlord to enter into this Lease, Tenant hereby warrants and represents to Landlord as follows: a. Tenant has the authority and legal right to make, deliver and perform this Lease and has taken all necessary actions to authorize the execution, delivery, and performance of this Lease; and b. the execution, delivery and performance of this Lease (i) is not prohibited by any requirement of law under any contractual obligation of Tenant; (ii) will not result in a breach or default under any agreement to which Tenant is a party or to which Tenant is bound; and (iii) will not violate any restrictions, court order, or agreement to which Tenant is subject; and c. The party executing this Lease on behalf of Tenant has full authority to bind Tenant to the obligations set forth herein. Exhibit B Page 21 of 41 DRAFT 4/10/19 18 #66616992_v7 P. No Joint Venture. It is hereby understood and agreed that nothing contained in this Lease shall be deemed or construed as creating the relationship of principal and agent, partnership or joint venture between the parties hereto, it being agreed that no provision herein contained nor any acts of the parties herein shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Q. Successors and Assigns. The terms, covenants and conditions of this Lease shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, and authorized successors and assigns. R. Calendar Days and Time. Any reference herein to “day” or “days” shall mean calendar and not business days. If the date for giving of any notice required to be given hereunder or the performance of any obligation hereunder falls on a Saturday, Sunday, or State or Federal holiday, then said notice or obligation may be given or performed on the next business day after such Saturday, Sunday, or State or Federal holiday. S. No Third Party Beneficiaries. No claim as a third party beneficiary under this Lease by any person, firm, or corporation shall be made, or be valid, against Landlord or the Developer. T. Counterpart Execution. This Lease may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. U. Certain Rights Reserved by Landlord. Landlord reserves and may exercise the following rights without affecting Tenant’s obligations hereunder: 1. to decorate, remodel, repair, alter or otherwise prepare the Premises for re-occupancy if Tenant vacates and abandons the Premises prior to the expiration of the Term for a period in excess of thirty (30) consecutive days; 2. to exhibit the Premises to others during the last ninety (90) days of the term of this Lease; 3. to exhibit the Premises to prospective purchasers upon reasonable advance notice, but not less than one (1) day prior notice, at any time during business hours during the Term provided that Landlord will cooperate with Tenant in taking reasonable measurers to preserve the confidentiality of Tenant’s trade secrets; and 4. to take any and all measures, including inspections, as may be reasonably necessary or desirable for the safety, protection or preservation of the Premises or Landlord’s interests. [SIGNATURE PAGE FOLLOWS] Exhibit B Page 22 of 41 DRAFT 4/10/19 19 #66616992_v7 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. ATTEST/WITNESS: LANDLORD: CITY OF DES PLAINES, an Illinois home rule municipal corporation By: Michael G. Bartholomew, City Manager ATTEST/WITNESS: TENANT: ONESTI ENTERTAINMENT CORPORATION, an Illinois corporation By: Ron Onesti, President Exhibit B Page 23 of 41 DRAFT 4/10/19 A-1 #66616992_v7 EXHIBIT A INTENDED USES Subject to and in accordance with all legal and insurance requirements, Tenant agrees that it shall use the Premises for the operation of a first-class live entertainment theatre, accessory concession areas (collectively “Theatre”), and a first-class restaurant and bar (“Restaurant”) as well as such other assembly uses as may be appropriate and permitted by the Operational Conditions. The storefronts located at 1486 and 1486 ½ Miner (“Accessory Spaces”) may be used for ticket windows, green rooms, dressing rooms, and/or other accessory uses necessary for the operation of the Theatre at the discretion of Tenant. All uses of the Premises by Landlord, its employees, customers, clients, guests, and invitees will be governed by the Operational Conditions set forth in Exhibit B. Exhibit B Page 24 of 41 DRAFT 4/10/19 B-1 #66616992_v7 EXHIBIT B OPERATIONAL CONDITIONS The Tenant (“Operator” for purposes of this Exhibit B) has, as a condition of the Lease with the Landlord (“Owner” for the purposes of this Exhibit B), agreed to operate the Premises, including the Theatre and the Restaurant, in full and strict compliance with the following Operational Conditions. A violation of these Operational Conditions shall be, and is hereby declared to be a violation of the Lease. All capitalized terms, if not herein defined, shall have the meanings attributed to them in the Lease. A. Management Services. Operator is required to perform the Management Services during the Term, as defined in the Lease. The “Management Services” to be performed include but shall not be limited to: 1. Bookings. Operator will take all commercial reasonable steps to maximize the frequency of live entertainment bookings and door entries to the Theatre. Operator will work to attain cumulative annual door entry numbers equivalent to or greater than the Arcada Theatre in St. Charles by the second anniversary of the Operational Date as defined in the Lease. A representative sample of monthly bookings from the Arcada Theatre is included in the Business Plan (defined below). Owner and Operator shall cooperate and collaborate to establish standards and guidelines for booking to ensure that all events conducted by Operator meet community standards and reflect well upon the character and culture of the City of Des Plaines. 2. Liquor. Operator shall apply for an alcoholic beverages license for on-premises consumption subject to compliance with all requirements of the City’s licensing requirements including background checks. No such license shall be granted by the City unless and until Operator submits a valid application and pays all required license fees. In no case shall the City issue a license for the Premises that would allow the service of liquor after 2 a.m. any day of the week. 3. Licenses, Permits, and Accreditations. Operator shall apply for and use its best efforts to obtain and maintain all licenses, permits, and accreditations required in connection with the management and operation of the Theatre, at Operator’s sole cost. 4. Pre-Operational Date Cooperation Consulting. Owner and Operator acknowledge and agree that the Owner’s decision to enter into this Agreement is based on Ron Onesti’s extensive personal knowledge and experience operating entertainment venues. Ron Onesti shall consult and cooperate with the Owner on a cost-free basis during the Owner’s construction and renovation of the Premises to ensure that the décor, furnishings, electrical supply/wiring, and audio/visual systems will meet or exceed the industry standards for an entertainment venue. Exhibit B Page 25 of 41 DRAFT 4/10/19 B-2 #66616992_v7 5. Employees and Key Personnel. a. Theatre and Restaurant Staff. Operator shall (i) determine personnel requirements, recruitment schedules, and compensation levels and (ii) establish forms and procedures for employee compensation. Operator shall hire, promote, discharge, and supervise all employees performing services in and about the Theatre. All of the employees of the Theatre shall be employees of Operator and not of Owner. The costs of salaries, benefits and bonuses for staff, management, and all employees at the Theatre shall be paid by Operator. Operator shall pay, at its sole cost and expense without reimbursement, all costs and expenses, including attorneys’ fees, for any and all employment-related suits, hearings and actions. Operator shall indemnify, defend and hold Owner harmless against all loss, cost and expense arising out of Operator ‘s employment activities for the Theatre. b. Key Personnel. Ron Onesti is identified as “Key Personnel” for the purposes of these Operating Conditions and the Lease. Owner reserves the right to designate additional members of the Operator’s organization as Key Personnel. Key Personnel shall be primarily responsible for carrying out the Management Services. The Key Personnel shall not be changed without the Owner’s prior written approval. Death, disability, separation from or termination by the Operator of any Key Personnel will be grounds for termination of this Agreement by Owner. Upon written notice from Operator that Mr. Ron Onesti or other Key Personnel are unable to manage the Premises due to reasons of poor health, or for any other reason, Owner shall have the right, but not the obligation, to terminate this Agreement, in which case this Agreement shall terminate 45 days after Operator’s receipt of such notice from the Owner. 5. Business Plan. The Premises shall be operated by the Operator at all times in conjunction with an agreed upon “Business Plan” which shall serve as a supplement to the Lease. The Business Plan will be the Operator’s “Proposal to the City of Des Plaines re: Operator of the Des Plaines Theatre” dated August 3, 2018 that is attached hereto and made a part hereof as Exhibit 1. Owner may, from time to time, request that Operator update the Business Plan to reflect current state of operations. 6. Marketing. Landlord shall own all marks, identifications, Theatre specific advertising and marketing campaigns developed by Operator to advertise and market the Theatre. Operator is prohibited from accepting sponsorships or advertising from any other casino other than Rivers Casino and shall not allow advertising on the LED Marquee of the Theatre for any entity other than the performers at the Theatre nor shall Operator advertise third party sponsors of events on the exterior of the Theatre whether on the LED Marquee, poster boxes etc. Prior to altering any Theatre logo, letterhead, signage, or other related insignia or material to identify Operator as the managing agent for Owner, Operator shall obtain Owner’s consent to the design, size, materials, method of installation and location of any such identifying marks. Exhibit B Page 26 of 41 DRAFT 4/10/19 B-3 #66616992_v7 7. Contracts. The Operator shall negotiate, consummate, enter into, and perform, such agreements as are necessary or advisable for the furnishing of all food, beverages, utilities, concessions, entertainment, operating supplies, equipment, repairs and other materials and services as Operator determines, in the exercise of its commercially reasonable judgment, are needed from time to time for the management and operation of the Theatre. 8. Restaurant Space Operations. i. The Operator will take all commercially reasonable steps to develop and operate the Restaurant Space in a manner comparable to the Club Arcada Speakeasy & Restaurant (St. Charles, IL) and the Bourbon ‘n Brass (Evanston, IL) restaurant/bar spaces operated by the Operator. ii. The Restaurant may operate seven days a week during hours determined by the Operator. iii. Operator will be required to supply and maintain commercial kitchen hood cleaning for the Restaurant Space as required; and iv. Operator is required to clean all grease trap(s) in the Restaurant Space on a monthly basis or more frequently if needed. 9. Other Duties and Prerogatives. Operator shall perform any act that is necessary to operate and manage the Theatre and the Property during the Term, subject to the terms and conditions hereof. In fulfilling its operational and managerial responsibilities hereunder, Operator shall have all rights ordinarily accorded to a manager in the ordinary course of business, including, without limitation, the collection and deposit of proceeds from the operation of the Theatre and the Property in accordance with the Business Plan; the incurring of trade debts (other than mortgage indebtedness); the approval and payment of obligations; and the negotiating, signing and payment with funds from the Operator’s funds for leases and contracts. B. Receipts and Proceeds. The Operator’s compensation for performing the Management Services shall be limited to the following: 1. Ticket Sales: Operator shall be entitled to retain all proceeds from the sale of tickets to events that Operator schedules and hosts on the Premises. 2. Food and Beverage: Operator shall be entitled to retain all proceeds from the sale of food and beverages on the Premises, upon payment of all applicable food and beverage taxes. C. Pre-Approved Uses of Premises by Third Parties. Operator shall permit the use of the Premises by the following designated parties at no charge. 1. City or Other Civic Organizations. Subject to the prior booking of any pre- contracted and paying events, Operator shall permit the City or its related or approved, not-for profit organizations, to schedule and host on the Premises no less than eight (8) events each year at no charge to the City or the applicable civic Exhibit B Page 27 of 41 DRAFT 4/10/19 B-4 #66616992_v7 organization. Such City or civic sponsored events may only be scheduled on Sundays through Thursdays, unless otherwise agreed to by Operator. Operator will staff each of these functions and may retain all food and beverage proceeds earned during these events, after the payment of all applicable food and beverage taxes. 2. Use of Premises by Rivers Casino. Subject to the prior booking of any pre- contracted and paying events, Operator shall permit the Rivers Casino to schedule and host on the Premises no less than eight (8) events each year at no charge. Rivers Casino’s events may only be scheduled on weekdays during daytime business hours, unless otherwise agreed to by Operator. Operator will not be required to staff these events beyond providing access, lighting, and audio/visual support. D. Acknowledgements. A donor wall, prominently displayed and located near the front entrance of the Theatre shall acknowledge Rivers Casino as a principal sponsor of the revitalizing of the Theatre. The donor wall shall also display the names of the private citizens who contributed funds to assist in the renovation and restoration of the Theatre. The donor wall shall be installed by the Owner and may not be damaged or removed by the Operator. E. General Conditions. 1. Compliance with Law; Expenditures Required for Compliance with Law. In carrying out the Management Services and its general occupancy and operation of the Premises, Operator shall comply with all laws, ordinances, rules, or governmental regulations now or hereafter in force, or by order of any governmental or municipal power, department, agency, authority, or officer, including specifically the City’s Code of Ordinances (collectively “Laws”) in respect of the operation, maintenance, repair and restoration of the Premises. 2. No Unlawful or Dangerous Use. Operator shall not make or permit to be made any use of the Premises which is forbidden by public law, or by any ordinance or governmental regulation or which may be dangerous to persons or property, or which may invalidate or materially increase the premium cost of any policy of insurance carried on the Premises or covering its operations (unless Operator shall pay the increase in premium cost). Operator shall not do or permit to be done, any act or thing upon the Premises which will be in conflict with fire insurance policies covering the Premises. Operator, at its sole expense, shall comply with all ordinances, laws and statutes and all rules, regulations or requirements of the local government authorities, or any other similar body, and shall not do, or permit anything to be done upon the Premises, or bring or keep anything thereon in violation of rules, regulations or requirements of the Fire Department, local government authorities or other authority having jurisdiction and then only in such quantity and manner 3. No Pyrotechnics or Smoke/Fog Machines. The use of pyrotechnics on the Premises is expressly prohibited. Smoke or fog machines may be used if approved in writing by the City of Des Plaines Fire Chief. 4. No Video Gaming. No video gaming or gambling shall be permitted on the Premises. Exhibit B Page 28 of 41 DRAFT 4/10/19 B-5 #66616992_v7 F. No Partnership or Joint Venture. Nothing contained herein shall be deemed or construed by the parties hereto or by any third party as creating the relationship of (i) a partnership, or (ii) a joint venture between the parties hereto; it being understood and agreed that neither any provisions contained herein nor any acts of the parties hereto shall be deemed to create any relationship between the parties hereto other than the relationship of Owner and Operator . [INSERT BUSINESS PLAN AS EXHIBIT 1] Exhibit B Page 29 of 41 Exhibit 1 Page 30 of 41 Exhibit 1 Page 31 of 41 Exhibit 1 Page 32 of 41 Exhibit 1 Page 33 of 41 Exhibit 1 Page 34 of 41 Exhibit 1 Page 35 of 41 DRAFT 4/10/19 C-1 #66616992_v7 EXHIBIT C LEGAL DESCRIPTION OF PREMISES The Premises is legally described as follows: PARCEL 1: LOT 68 AND 69 (EXCEPT THE NORTHEASTERLY 8 FEET TAKEN FOR ALLEY) IN ORIGINAL TOWN OF RAND (NOW VILLAGE OF DES PLAINES) A SUBDIVISION OF PART OF SECTIONS 16, 17, 20 AND 21, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.s: 09-17-415-010-0000 Commonly known as 1470-1476 Miner St., Des Plaines, Illinois PARCEL 2: THE SOUTHEAST 30.0 FEET OF LOT 67 (EXCEPT THE NORTHEASTERLY 8 FEET TAKEN FOR ALLEY) IN TOWN OF RAND, BEING A SUBDIVISION OF PARTS OF SECTIONS 16, 17, 20 AND SECTION 21, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.s: 09-17-415-024-0000 Commonly known as 1486 and 1486 1/2 Miner St., Des Plaines, Illinois Exhibit B Page 36 of 41 DRAFT 4/10/19 D-1 #66616992_v7 EXHIBIT D RENT PAYMENTS Rent Period Monthly Rent Commencement Date through Operational Date $0.00 Operational Date through 6th Monthly Anniversary of Operational Date/Rent Commencement Date (aka First Six Months of Operation) $0.00 Remaining Six Months in 1st Year of Operation (Months Seven through Twelve of Operation) $10,000.00 2nd Year of Operation $12,000.00 3rd Year of Operation $14,000.00 4th Year of Operation $16,000.00 5th Year of Operation $18,000.00 Exhibit B Page 37 of 41 DRAFT 4/10/19 E-1 #66616992_v7 EXHIBIT E OPERATOR BUILD-OUT IMPROVEMENTS A. Improvement to Restaurant Space. Tenant shall, at its own expense, make such alterations, improvements, additions and changes to the Restaurant Space as it may deem necessary or expedient in connection with the initial construction and equipping of the Restaurant (“Restaurant Improvements”); the parties acknowledge that Tenant may have access prior to the Operational Date hereof permitting Tenant access to the Buildings to commence construction of the Restaurant Improvements. Notwithstanding the foregoing, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall not tear down or materially demolish any of the improvements on the Restaurant Space or make any material change or alteration in such improvements which, when completed, would substantially diminish the value of the Restaurant Space, require or result in structural changes to the Restaurant Space, or significantly alter the exterior of the Restaurant Space. Tenant shall not make any change in or alteration to the Restaurant Space which would violate the terms of any policy of insurance in force with respect to the Restaurant Space or required to be provided by Tenant under the provisions of this Lease. No other alterations to the Restaurant Space or the Buildings shall be permitted unless Landlord approves same and the conditions set forth below are satisfied, which such approval shall not be unreasonably withheld, conditioned or delayed. B. Landlord Review and Approval. The plans, specifications and contract or contracts (and building department permits therefor) to be entered into by Tenant pertaining to the Restaurant Improvements shall be submitted to and approved in writing by Landlord (“Approved Plans”); provided, however, that if Landlord fails to approve Tenant’s submission within ten (10) business days of submission Landlord shall be deemed to have given its approval. Tenant or its contractor shall deposit with Landlord an insurance policy or policies in an amount reasonably satisfactory to Landlord and issued by a company or companies reasonably satisfactory to Landlord, indemnifying Landlord against any and all claims of every kind, because of accident, injury or damage to any person or property arising out of the work done in connection with the making of such alterations. If Landlord disapproves of any plans, specifications, contract or contracts, Landlord’s notice to Tenant of its disapproval shall specify the reasons for such disapproval. Landlord shall have the right at all times during any construction or alteration to inspect and monitor said construction and alteration and to require changes reasonably necessary and appropriate to assuring that the improvements located on the Premises will be in conformity with applicable laws, ordinances and codes, and in compliance with the Approved Plans. C. Permits and Conduct of Construction. All Restaurant Improvements, and the construction thereof, shall at all times comply with all applicable laws, ordinances, rules and regulations of governmental authorities having or asserting jurisdiction on the Premises. Tenant, at its expense, shall (i) obtain all necessary municipal and other governmental permits, authorizations, approvals, and certificates for the commencement and prosecution of such Restaurant Improvements and for final approval thereof upon completion, (ii) deliver three copies thereof to Landlord, and (iii) cause all Restaurant Improvements to be performed in a good and workmanlike manner, using materials and equipment at least equal in quality to the original installations of the building of the then standards for the Buildings established by Landlord. Improvements shall be promptly commenced and completed and shall be performed in such manner so as not to materially interfere with the occupancy Exhibit B Page 38 of 41 DRAFT 4/10/19 E-2 #66616992_v7 of any guests of the Buildings nor impose any additional expense upon Landlord in the construction, maintenance, cleaning, repair, safety, management, security or operation of the Buildings or any building equipment; and if any such additional expenses shall be incurred by Landlord as a result of Tenant’s performance of any Restaurant Improvements, Tenant shall pay such additional expense as additional rent upon ten (10) days written notice. Tenant shall furnish Landlord with satisfactory evidence that the insurance required during the performance of the Restaurant Improvements is in effect at or before the commencement of the Restaurant Improvements. D. Proof of Compliance. Upon completion of any alterations or additions, including without limitation the Restaurant Improvements, Tenant shall furnish Landlord with: (i) evidence satisfactory to Landlord that all of Tenant’s trade fixtures and installations have been fully paid for; (ii) contractor’s affidavits and full and final waivers of lien or receipted bills covering all labor and materials expended and used; and (iii) with an endorsement to Landlord’s title insurance policy insuring over all claims arising from such constructions, alterations and additions, obtained by Tenant, but which will be paid for by Landlord. All alterations and additions shall comply with all ordinances and regulations of any pertinent governmental Agency. All alterations and additions shall be constructed in a good and workmanlike manner and good grades of new materials shall be used. E. Mechanic’s Liens. Tenant shall promptly pay all contractors and materialmen and vendors of trade fixtures and shall not permit or suffer any lien or secured interest to attach to the Buildings, the Premises or Tenant’s Fixtures or any part thereof, and shall indemnify and save harmless Landlord against the same. In the event any such secured interest or lien or claim for lien is filed and Tenant fails to contest or cause said lien or claim for lien to be effectively removed of record or insured over by the title company issuing title insurance coverage to Landlord to Landlord’s reasonable satisfaction within thirty (30) days after Landlord’s notice to do so, Landlord, may, at its election, remove such lien or claim for lien by paying the full amount therefor or otherwise without any investigation or contest of validity thereof, and Tenant shall pay to Landlord upon demand the amount paid out by Landlord in such behalf, including Landlord’s reasonable costs, expenses and counsel fees, and interest at the rate of interest equal to the “prime rate” last announced, as of the date such proceeding is initiated by MB Financial Bank, N.A. plus 4% (“Lease Interest Rate”). In the event Tenant contests any claim, Tenant shall provide security against such claim reasonably satisfactory to Landlord. The provisions of this Section shall survive the expiration or earlier termination of this Lease. F. Limitation of Landlord’s Liability. No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make Restaurant Improvements in the Premises shall in any way be deemed to be an agreement by Landlord that the contemplated improvements comply with any applicable laws, ordinances, rules and regulations of governmental authorities having or asserting jurisdiction in the Premises or the certificate of occupancy for the Restaurant Space nor shall it be deemed to be a waiver by Landlord of the compliance by Tenant of any of the terms of this Lease. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant and that no mechanics or other lien for such labor or materials shall attach to or affect any estate or interest of Landlord in the Buildings. G. Removal and Restoration by Tenant. All alterations, changes and additions and all improvements, including leasehold improvements, made by Tenant shall remain Tenant’s property for the Term of this Lease, so long as Tenant is not then in default hereunder Exhibit B Page 39 of 41 DRAFT 4/10/19 E-3 #66616992_v7 beyond any applicable grace and/or cure period after applicable notice. When the Lease terminates, (i) Tenant shall not be required to remove any improvements or alterations made with Landlord’s approval or Landlord’s Work, and (ii) Landlord shall advise Tenant concurrently with the giving of such approval, if any, whether Landlord shall require Tenant to remove any or all Operator Build-Out Improvements or alterations made to the Premises during or prior to the expiration of the Lease Term. Any improvements that Landlord does not require to be removed shall belong to Landlord without compensation, allowance or credit to Tenant, except movable trade fixtures, furnishings and equipment of Tenant that can be removed without defacing the Premises or the Buildings (subject to Tenant’s right to remove provided any damage to the Premises is repaired by Tenant). Tenant shall repair any damage to the Premises occasioned by the installation or removal of Tenant’s trade fixtures, furnishings and equipment. H. Required Components of Restaurant Improvements. Tenant shall, at Tenant’s sole cost and expense, maintain: (i) a hood system to prevent grease from exhaust systems serving the Restaurant Space from dripping onto the roof of the Buildings, and (ii) its own individual grease trap (grease interceptor system including all requisite plumbing associated therewith) to prevent fats, oils and grease generated from Tenant’s business operations at the Premises from entering and clogging the sanitary sewer system of the Buildings. Tenant’s maintenance of the hood system and grease trap/grease interceptor system shall be in accordance with all applicable laws, codes, regulations and ordinances of governmental authorities. Such hood system and grease trap/grease interceptor system shall be properly maintained, operated, cleaned, repaired and replaced periodically by Tenant at its sole cost and expense, in accordance with all applicable laws, building codes, regulations and ordinances of governmental authorities and any replacement of the hood system and/or grease trap/grease interceptor system shall be in accordance with the requirements herein for the installation thereof. Tenant shall dispose of all cooking grease, oils, fats and filters generated from its business operations at the Premises in compliance with the maintenance and disposal standards and procedures established from time to time by Landlord in its reasonable judgment and all applicable Federal, State and local laws, building codes, regulations and ordinances. Exhibit B Page 40 of 41 DRAFT 4/10/19 F-1 #66616992_v7 EXHIBIT F SOUND AND LIGHTING EQUIPMENT [TO BE INSERTED] Exhibit B Page 41 of 41 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: November 28, 2018 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Community and Economic Development Director Patrick Ainsworth, AICP, Economic Development Coordinator Subject: Text Amendment to the Des Plaines Zoning Ordinance Issue: The contract purchaser for the property at 2811 S. Mannheim Road is requesting a Text Amendment to Section 12-11-6(B), Sign Regulation by District Classification, of the 1998 Des Plaines Zoning Ordinance, as amended, to increase the maximum number of billboard permits that can be issued within City limits from 12 to 13. Analysis: PIN: Citywide Petitioner: Mike Scheid, Image Media, 5101 Darmstadt Rd. Suite A Hillside, IL Case Number: #18-101-TA Project Description: The purchase contractor of the property (the applicant) at 2811 S. Mannheim Road has submitted an application for a text amendment to increase the maximum number of billboard permits within the City of Des Plaines from 12 to 13. The request is a City-wide text amendment as Chapter 11, Signs, of the Zoning Ordinance covers the entire City of Des Plaines. However, the applicant has the intent of amending the Zoning Ordinance to increase the number of billboard permits from 12 to 13 in order to place an additional billboard on the property at 2811 S. Mannheim Road. The applicant contains an existing billboard of the subject property, but he is proposing to construct another one at the southeast corner of this lot (see Attachment #2 for a proposed location). Note, if this text amendment request is successful, the applicant will have to apply for a Variation from Code Section 12-11-6 as the distance from the proposed billboard will be less than 300 feet from a residential property line. The applicant has already obtained approval from the Illinois Department of Transportation and the Federal Aviation Department. However, no billboard can be constructed on this property without first obtaining approval from the Page 1 of 30 City of Des Plaines. The proposed text amendment is found below: 12-11-6: REGULATION BY DISTRICT CLASSIFICATION: Amend Billboards Billboards shall be permitted only within the C-1, C-2, C- 3, M-1, M-2 and I-1 districts and located within 660 feet of I-90 and I-294 toll roads. Structure must be in compliance with the Illinois Department of Transportation regulations and a valid current IDOT permit must be presented with the application for city permits. The city shall cause to be permitted no more than 12 13 permits for outdoor advertising structures (billboards) under subsection 12-11-3C3, "Billboard Permits", of this chapter. As of amendatory ordinance Z-24-05, all 12 permits have been allocated to permittees. (This Ordinance number will be updated if the text amendment is successful and there are 13 permits allocated.) Total surface area of the signs shall not exceed 1,200 square feet per face and 2,400 total square feet for a double faced sign. Height of the sign shall not exceed 99 feet from the base of the pole to the top of the structure or 65 feet from the surface of the pavement of the lane closest to the structure, except as otherwise provided by a limited variation ordinance adopted by council. All billboards must meet the spacing requirements as required by the Illinois advertising control act. No portion of a billboard shall be allowed within 300 feet of a residential property line. This distance shall be measured at ground level from a line perpendicular to the closest part of the billboard to the residential property line. Standards for Zoning Ordinance Text Amendment: To analyze this text amendment request, the standards for amendments contained in Section 12-3-7.E of the Zoning Ordinance are used. 1.Whether the proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council; 2.Whether the proposed amendment is compatible with current conditions and the overall character of existing development; 3.Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property; 4.Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and Page 2 of 30 5. Whether the proposed amendment reflects responsible standards for development and growth. Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. Planning and Zoning Board Review: The Planning and Zoning Board met on November 27, 2018 to review the proposal. The petitioner stated that he is the contract purchaser for the property at 2811 S. Mannheim Road and gave a thorough briefing on his company’s existing billboard assets in Des Plaines as well as the process to go through obtaining permits for a billboard, including IDOT and FAA. He further explained that IDOT requires all billboards to be located adjacent to tollways/freeways and that they must be separated by 500 feet from another existing billboard. This results in very few remaining billboard locations in Des Plaines and one potential location is 2811 S. Mannheim Road. The petitioner showed an exhibit of all the billboards within the City along I-90 and I-294. The petitioner also went into the potential property transaction of 2811 S. Mannheim Road and how the new billboard will assist with the development of this property. The property at 2811 S. Mannheim Road is vacant and is currently contaminated. The preliminary cost of environmental cleanup is over $3,000,000. Additionally, the property contains a base that is not suitable for development. There will be additional costs incurred to backfill the property in preparation for development. The petitioner will assist the costs of remediation and site preparation by using the proceeds from the second billboard to assist a future developer. The Planning and Zoning Board asked about the setback from the abutting ComEd property which is zoned R-1, which is less than 300 feet away and the closest R-1 zoned house which is more than 300 feet away. Staff presented a summary of the staff report and a brief history on billboards throughout the City. Staff also stated that that there are no objections to this petition the proceeds of a second billboard may assist with the development of a blighted property. The Planning and Zoning Board recommended (6-0) that the City Council approve the proposed text amendment. Recommendations: I recommend approval of Ordinance Z – 39 - 18 approving a text amendment adding a 13th billboard permit to Code Section 12-11-6. Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7(D)3 of the Zoning Ordinance, the City Council may vote to recommend approval, approval with modifications, or disapproval. Attachments: Attachment 1: Text Amendment Application with Project Narrative and Supporting Documents Attachment 2: Plat of Survey – 2811 S. Mannheim Road – Showing Approximate Location of Proposed Billboard Attachment 3: Letter from Planning & Zoning Board to the Mayor Attachment 4: Draft Excerpt of Minutes of the November 27, 2018 Planning & Zoning Hearing Ordinance Z – 39 – 18 An Ordinance Amending the Text of Section 12-11-6 of the Des Plaines Zoning Ordinance Regarding Billboards Page 3 of 30 Attachment 1 Page 4 of 30 Attachment 1 Page 5 of 30 Attachment 1 Page 6 of 30 Attachment 1 Page 7 of 30 Attachment 1 Page 8 of 30 Attachment 1 Page 9 of 30 Attachment 1 Page 10 of 30 Attachment 1 Page 11 of 30 Attachment 1 Page 12 of 30 Attachment 1 Page 13 of 30 Attachment 1 Page 14 of 30 Attachment 1 Page 15 of 30 Attachment 1 Page 16 of 30 STANDARDS FOR MAP AND TEXT AMENDMENTS The Planning and Zoning Board and City Council review the particular facts and circumstances of each proposed Map or Text Amendment in terms of the following standards. Keep in mind that in responding to the questions below, you are demonstrating that a proposed Map Amendment is appropriate for the site and will not have a negative impact on surrounding properties and the community. For Text Amendments, you must demonstrate that the proposed text change is appropriate for the entire jurisdiction, not just a particular site. Please answer each question completely and thoroughly. 1. Is the proposed amendment consistent with the goals, objectives, and policies of the Comprehensive Plan? Yes the amendment and redevelopment is consistent with the comprehensive plan. The current contaminated, vacant, 3.81-acre parcel will be purchased by year-end 2018 and developed in accordance with Village staff requirements. Subject to amendment approval IMAGE is contributing approximately 1- million dollars to the development partner, to offset the cost of purchase and remediation. 2. Is the proposed amendment compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property? Yes, the proposed amendment is consistent with similar developments in the immediate vicinity. There are numerous billboards through out the general area, including a sign immediately to the west. On the south side of I-90 there are (4) four signs, spaced 500’ ft apart, beginning at Mannheim road and moving east. To the east of subject site, a railroad and forested area exists to buffer residential properties. The proposed sign will be positioned so as to have no impact on the residential area. 3. Is the proposed amendment appropriate considering the adequacy of public facilities and services available to the subject property? Yes. No public facilities or services have been utilized to the vacant property over the past 20-years. The redevelopment of this parcel will provide for enhanced services and facilities contributed by the developer. Ie: Rebuild water lines, utilities etc. 4. Will the proposed amendment have an adverse effect on the value of properties throughout Des Plaines? No, the proposed amendment will have a positive effect. With the passage of amendment IMAGE and developer will close on the property and begin the redevelopment process of the 3.8-acre parcel. It is anticipated that a large hotel and other retail development will take place on this property, resulting in a net benefit to the surrounding properties and City of Des Plaines. 5. Does the proposed amendment reflect responsible standards for development and growth? Yes. Billboards have been removed with no additional sites replacing them over the past few years. This site was approved for a second billboard in 2004-2005. The redevelopment of the property will provide for additional services to the community, clean-up an adverse health concern, and increase the tax base. Attachment 1 Page 17 of 30 Attachment 2 P a g e 1 8 o f 3 0 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org November 28, 2018 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, City-Wide Text Amendment 18-101-TA RE: Consideration of a Text Amendment to Code Section 12-11-6 Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on November 27, 2018 to consider a Text Amendment to Section 12-11- 6(B); Regulation by District Classification, of the 1998 Des Plaines Zoning Ordinance, as amended, to increase the maximum number of billboard permits that can be issued within City limits from 12 to 13. 1. The petitioner stated that he is the contract purchaser for the property at 2811 S. Mannheim Road and gave a thorough briefing on his company’s existing billboard assets in Des Plaines as well as the process to go through obtaining permits for a billboard, including IDOT and FAA. He further explained that IDOT requires all billboards to be located adjacent to tollways/freeways and that they must be separated by 500 feet from another existing billboard. This results in very few remaining billboard locations in Des Plaines and one potential location is 2811 S. Mannheim Road. The petitioner showed an exhibit of all the billboards within the City along I-90 and I-294. The petitioner also went into the potential property transaction of 2811 S. Mannheim Road and how the new billboard will assist with the development of this property. The property at 2811 S. Mannheim Road is vacant and is currently contaminated. The preliminary cost of environmental cleanup is over $3,000,000. Additionally, the property contains a base that is not suitable for development. There will be additional costs incurred to backfill the property in preparation for development. The petitioner will assist the costs of remediation and site preparation by using the proceeds from the second billboard to assist a future developer 2. The Planning and Zoning Board asked about the setback from the abutting ComEd property which is zoned R-1, which is less than 300 feet away and the closest R-1 zoned house which is more than 300 feet away. 2. The Community and Economic Development Department Staff presented a summary of the staff report and a brief history on billboards throughout the City. Staff also stated that that there are no objections to this petition the proceeds of a second billboard may assist with the development of a blighted property. 3. No member from the public spoke in opposition or support for this application. 4. The Planning and Zoning Board recommended (6-0) that the City Council approve the text amendment to increase the number of permitted billboards from 12 to 13. Attachment 3 Page 19 of 30 Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials Aldermen Attachment 3 Page 20 of 30 Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 16 City Council approve, approve subject to conditions, or deny the above-mentioned petition. The City Council has final authority over the proposal. Should the Planning and Zoning Board recommend approval, then the following conditions should be added to the petition: Conditions of Approval: 1) No activities associated with an Outdoor Bulk Material Facility shall take place on the subject property with out obtaining a Conditional Use Permit. 2) No materials products, equipment, signs or displays shall be placed in the public right-of- way. All existing private improvements in the right-of-way shall be removed within 60 days of City Council approval. Chairman Szabo asked if the Board has other questions. Board Member Fowler asked what the intent of the property is. Petitioner advised – this is not changing; paver bricks are what’s being stored. Chairman Szabo asked: • if this is Redeker Road. Coordinator Ainsworth stated the 2d Condition is from Golf and Redeker; Petitioner concurred. • if Petitioner agrees to Conditions. Mr. Doland advised -- yes Chairman Szabo asked if anyone in the audience has comments or is in favor or against the proposal. No one responded. A motion was made by Board Member Catalano, seconded by Board Member Hofherr, to recommend approval to City Council with Conditions for MAP Amendment from C-2 to M-2 and Variations as presented. AYES: Catalano, Hofherr, Fowler, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. 3. Address: Citywide Case 18-101-TA The contract purchaser for the property at 2811 S. Mannheim Road is requesting a Text Amendment to Section 12-11-6(B): Regulation by District Classification, of the 1998 Des Plaines Zoning Code, as amended, to increase the maximum number of billboard permits that can be issued within City limits from 12 to 13. Attachment 4 Page 21 of 30 Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 17 PIN: Citywide Petitioner: Michael Scheid, Image Media Advertising, Inc., 5101 Darmstadt Road, Suite A, Hillside, IL 60162 Owner: NCB Development XXVII LLC, 611 N. River Road, Des Plaines, IL 60018 Coordinator Ainsworth advised there are two additional documents being supplied at tonight’s Standards for MAP and Text Amendments and a spread sheet of existing billboards requested by Board Member Hofherr. Chairman Szabo swore in Michael Scheid, Image Media Advertising, Inc., 5101 Darmstadt Road, Suite A, Hillside, IL. Mr. Scheid stated his company is a billboard company (4th largest company in the Chicago area). He is seeking a Text Amendment to add a 13th allowable sign. Mr. Scheid stated the respective sign was erected in 2009, and he provided background, chronologically. A total of $9 million has been lost on this property due to the recession and foreclosure. The property is 3.8 acres. Soil conditions are awful; vacant since 2004. His company purchases the land under his billboards. They have partnered with a developer (each partner will apply $1 million toward the property). IDOT and FAA permits have been obtained. The height of sign is 90 ft.; will be away from properties. He believes the signs would not be impactful. Other sign locations were explained. Signs are 500 ft. between each other. Signage can’t be placed on park land. Some signs have been removed due to various reasons over the years. In conclusion, Mr. Scheid’s $1 million would facilitate 5% of land value and sign rights (with no rentals). This property has been vacant; will bring a new development and is in tandem with the Comprehensive Plan. Chairman Szabo asked if the Board had questions. There was none. He asked Staff to provide the Staff Report which Director McMahon did: Issue: The contract purchaser for the property at 2811 S. Mannheim Road is requesting a Text Amendment to Section 12-11-6(B); Regulation by District Classification, of the 1998 Des Plaines Zoning Ordinance, as amended, to increase the maximum number of billboard permits that can be issued within City limits from 12 to 13. Analysis: PIN: Citywide Petitioner: Mike Scheid, Image Media, 5101 Darmstadt Rd. Suite A Hillside, IL Attachment 4 Page 22 of 30 Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 18 Case Number: #18-101-TA Project Description: The purchase contractor of the property (the applicant) at 2811 S. Mannheim Road has submitted an application for a text amendment to increase the maximum number of billboard permits within the City of Des Plaines from 12 to 13. The request is a City-wide text amendment as Chapter 11, Signs, of the Zoning Ordinance covers the entire City of Des Plaines. However, the applicant has the intent of amending the Zoning Ordinance to increase the number of billboard permits from 12 to 13 in order to place an additional billboard on the property at 2811 S. Mannheim Road. The applicant contains an existing billboard of the subject property, but he is proposing to construct another one at the southeast corner of this lot (see Attachment #2 for a proposed location). Note, if this text amendment request is successful, the applicant will have to apply for a Variation from Code Section 12-11-6 as the distance from the proposed billboard will be less than 300 feet from a residential property line. The applicant has already obtained approval from the Illinois Department of Transportation and the Federal Aviation Department. However, no billboard can be constructed on this property without first obtaining approval from the City of Des Plaines. The proposed text amendment is found below: 12-11-6: REGULATION BY DISTRICT CLASSIFICATION: Amend Billboards Billboards shall be permitted only within the C-1, C- 2, C-3, M-1, M-2 and I-1 districts and located within 660 feet of I-90 and I-294 toll roads. Structure must be in compliance with the Illinois department of transportation regulations and a valid current IDOT permit must be presented with the application for city permits. Attachment 4 Page 23 of 30 Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 19 The city shall cause to be permitted no more than 12 13 permits for outdoor advertising structures (billboards) under subsection 12-11-3C3, "Billboard Permits", of this chapter. As of amendatory ordinance Z-24-05, all 12 permits have been allocated to permittees. (This Ordinance number will be updated if the text amendment is successful and there are then13 permits allocated.) Total surface area of the signs shall not exceed 1,200 square feet per face and 2,400 total square feet for a double faced sign. Height of the sign shall not exceed 99 feet from the base of the pole to the top of the structure or 65 feet from the surface of the pavement of the lane closest to the structure, except as otherwise provided by a limited variation ordinance adopted by council. All billboards must meet the spacing requirements as required by the Illinois advertising control act. No portion of a billboard shall be allowed within 300 feet of a residential property line. This distance shall be measured at ground level from a line perpendicular to the closest part of the billboard to the residential property line. Standards for Zoning Ordinance Text Amendment: To analyze this text amendment request, the standards for amendments contained in Section 12- 3-7.E of the Zoning Ordinance are used. Following is a discussion of those standards. 1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council; Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. Attachment 4 Page 24 of 30 Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 20 2. Whether the proposed amendment is compatible with current conditions and the overall character of existing development; Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. 3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property; Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. 5. Whether the proposed amendment reflects responsible standards for development and growth. Please see the applicant’s response to the Standards for Zoning Ordinance Text Amendment. Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7(D)3 of the Zoning Ordinance, the Planning and Zoning Board may vote to recommend approval, approval with modifications, or disapproval. The City Council has final authority over the Text Amendment. Coordinator Ainsworth stated this is ComEd’s right-of-way. Future public notices may not be given out. Area is zoned as residential; however, there are no residences there. Chairman Szabo asked: • what the land is contaminated with. Coordinator Ainsworth advised there were some auto uses. Director McMahon stated – kerosene from the railroad. Mr. Scheid advised – there is also arsenic. • if there was, at one time, a part of state government that would help people keep their properties up. Coordinator Ainsworth advised there is a grant. Director McMahon stated remediation would be included with the development. Chairman Szabo asked if anyone in the audience is in favor or against this proposal. No one responded. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend approval to City Council to increase the number of billboards to 13. AYES: Hofherr, Catalano, Fowler, Saletnik, Schell, Szabo Attachment 4 Page 25 of 30 Case #18-102-CU-MAP-V 1269 Golf Road – MAP Amendment, Conditional Use Permit, & Major Variations Case #18-103-MAP-V 1331 Golf Road – MAP Amendment & Variations Case #18-101-TA Citywide – Text Amendment November 27, 2018 Page 21 NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. OLD BUSINESS There was no Old Business. Coordinator Ainsworth shared upcoming petitions and project updates. Director McMahon provided further information. Coordinator Ainsworth advised the Comprehensive Plan would be presented to City Council on December 3, 2018. ADJOURNMENT Coordinator Ainsworth advised the next meeting is scheduled for December 11, 2018. There will not be a meeting on December 25, 2018. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to adjourn the meeting at 8:28 p.m. AYES: Hofherr, Catalano, Fowler, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 4 Page 26 of 30 1 CITY OF DES PLAINES ORDINANCE Z - 39 - 18 AN ORDINANCE AMENDING THE TEXT OF SECTION 12- 11-6 OF THE DES PLAINES ZONING ORDINANCE REGARDING BILLBOARDS (CASE# 18-101-TA). 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 "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning Ordinance"), is codified as Title 12 of the City Code; and WHEREAS, Section 12-11-6 of the Zoning Ordinance establishes the number of billboards that are permitted to be erected and maintained in the City; and WHEREAS, Image Media Advertising Incorporated (“Petitioner”) has submitted an application to amend the text of Section 12-11-16 to increase the number of billboard permits that may be issued by the City by one (1) (“Proposed Text Amendment”); and WHEREAS, a public hearing by the Planning and Zoning Board ("PZB") to consider the Proposed Text Amendment was duly advertised in the Des Plaines Journal on November 7, 2018, and held on November 27, 2018; and WHEREAS, on November 27, 2018, the PZB voted to recommend approval of the Proposed Text Amendment by a vote of 6-0, which recommendation was forwarded in writing to the City Council on November 28, 2018; and WHEREAS, the City Council has considered the factors set forth in Section 12-3-7.E, titled "Standards for Amendments," of the Zoning Ordinance; and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Proposed Text Amendment 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 recitals set forth above are incorporated herein by reference and made a part hereof. SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration of the Text Amendments has complied with the provisions of Section 12-3-7 of the Zoning Ordinance. SECTION 3. COMMERCIAL, MANUFACTURING AND INSTITUTIONAL DISTRICTS. Subsection B, titled “Commercial Manufacturing and Institutional Districts,” of Page 27 of 30 2 Section 6, titled “Regulation By District Classification,” of Chapter 11, titled "Signs," of the Zoning Ordinance is hereby amended to read as follows: “12-11-6: REGULATION BY DISTRICT CLASSIFICATION: * * * B. Commercial, Manufacturing And Institutional Districts: It shall be unlawful for any person to construct or maintain a sign in any commercial district, manufacturing district, or the I-1 Institutional District, except as follows. For the purposes of providing sign uniformity, a property may incorporate both wall and monument signs or wall and pole signs; however, the use of monument signs in conjunction with pole signs is prohibited. Monument or pole signs containing electronic message boards shall be subject to the same standards as set forth in this subsection, except that only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one electronic message board will be permitted overall. Sign Type Number, Area, Height, And Other Limitations2 * * * Billboards Billboards shall be permitted only within the C-1, C-2, C-3, M-1, M-2 and I- 1 Districts and located within 660' of I-90 and I-294 toll roads. Structure must be in compliance with the Illinois Department of Transportation regulations and a valid current IDOT permit must be presented with the application for City permits. The City shall cause to be permitted no more than 12 13 permits for outdoor advertising structures (billboards) under subsection 12-11-3C3, "Billboard Permits", of this chapter. As of amendatory ordinance Z-24-05 Z –39- 18, all 12 13 permits have been allocated to permittees. * * *” 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. SECTION 9. 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; provided, however, that the effective date of this Ordinance shall not occur unless and until the Petitioner has submitted an application for a billboard permit that complies with all of the standards set forth Page 28 of 30 3 in Section 12-11-6, including any additional variations or other zoning or permitting relief that may be required to erect a billboard sign in compliance with the requirements of law. Additions are bold and double-underlined; deletions are struck through. [SIGNATURE PAGE FOLLOWS] Page 29 of 30 4 PASSED this day of , 2018. APPROVED this day of , 2018. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2018 CITY CLERK Peter M. Friedman, General Counsel DP-Ordinance Amending Zoning Code Text Amendment December 2018 Number of Billboards Page 30 of 30