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20191216 Council Packet Monday, December 16, 2019 Closed Session – 6:30 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION ACQUISITION OF PROPERTY PROBABLE OR IMMINENT LITIGATION PERSONNEL REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PUBLIC HEARING CDBG PY2018 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT (CAPER) PUBLIC COMMENT (matters not on the Agenda) ALDERMEN ANNOUNCEMENTS/COMMENTS MAYORAL ANNOUNCEMENTS/COMMENTS CITY CLERK ANNOUNCEMENTS/COMMENTS MANAGER’S REPORT CITY ATTORNEY/GENERAL COUNSEL REPORT | CONSENT AGENDA 1. RESOLUTION R-202-19: Approving the Community Development Block Grant Program Consolidated Annual Performance & Evaluation Report (CAPER) for Program Year 2018 2. RESOLUTION R-203-19: Waiving Bidding Requirements and Approving a Service Contract with B&F Construction Code Services, Inc. for Building Plan Review and Inspection Services in the Amount of $80,000 for the Year 2020 3. RESOLUTION R-206-19: Amending the 6b Application for 76 Bradrock Drive that was Unanimously Approved Via Resolution R-138-19 to Include Additional PIN # 09-30-100-049 4. RESOLUTION R-208-19: Approving an Agreement with Advantage Government Strategies, LLC, for Intergovernmental and Legislative Advocacy Services in the Amount of $60,000 – Budgeted Funds. 5. SECOND READING – M-51-19: Consideration of a General Daily Parking Fee Increase for Downtown Des Plaines, Cumberland Metra Station, and the Metropolitan Square Parking Garage from $1.50 to $2.00 per Day 6. RESOLUTION R-205-19: Approving Task Order No. 6 with Walker Consultants, Hoffman Estates, IL in the Amount of $158,250.00 plus $5,000.00 of Reimbursable Expenses for Professional Services Related to the Construction Phase of the Civic Center Parking Structure. Budgeted Funds – TIF #1 Downtown. 7. Minutes/Regular Meeting – December 2, 2019 APPOINTMENTS & RE-APPOINTMENTS (For your information only – no action required) APPOINTMENTS: LIBRARY BOARD OF TRUSTEES Mindy Capper, Term To Expire 6/30/2022 PLANNING & ZONING BOARD Cindy Veremis, Term To Expire 4/30/2022 | RE-APPOINTMENTS: BOARD OF FIRE & POLICE COMMISSIONERS Debra Lester, Term to Expire 4/30/2022 LIBRARY BOARD OF TRUSTEES Gregory Sarlo, Term to Expire 6/30/2022 Kristen Graack, Term to Expire 6/30/2022 Chris Renkosiak, Term to Expire 6/30/2022 Umair Qadeer, Term to Expire 6/30/2022 PLANNING & ZONING BOARD Paul Saletnik, Term to Expire 4/30/2022 James Szabo, Term to Expire 4/30/2022 UNFINISHED BUSINESS 1. SECOND READING - ORDINANCE M-49-19: Discussion and Consideration of an Amendment to the City Code Regarding Water Rates and Storm Sewer Fees 2. SECOND READING – M-50-19, As Amended: Discussion and Consideration of an Amendment to the City Code to Allow for the Keeping of Backyard Hens NEW BUSINESS 1. FINANCE & ADMINISTRATION – Alderman Malcolm Chester, Chair a. Warrant Register in the Amount of $3,884,208.89 – RESOLUTION R-207-19 2. LEGAL & LICENSING – Alderman Carla Brookman, Chair a. Consideration of an Ordinance Amending Title 15 of the City Code of the City of Des Plaines to Adopt a Municipal Cannabis Retailers’ Occupation Tax – ORDINANCE M-52-19 OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibilit y of the meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: December 5, 2019 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Community and Economic Development Director Davorka I. Kirincic, AICP, Associate Planner / CDBG Administrator Subject: Public Hearing Regarding Program Year 2018 CDBG Consolidated Annual Performance & Evaluation Report Issue: The Consolidated Annual Performance & Evaluation Report (CAPER) is an annual document detailing the accomplishments of the Community Development Block Grant (CDBG) program and requires City Council approval before submitting to the U.S. Department of Housing and Urban Development (HUD). Analysis: The City of Des Plaines Program Year (PY) 2018 CAPER summarizes the program performance of Year 4 of the CDBG Consolidated Plan (PY2018 Action Plan, October 1, 2018 to September 30, 2019). The CAPER reports on the expenditures and accomplishments of the public service, housing, and infrastructure programs performed in respect to the goals established in the Action Plan. It is summarized in the memorandum transmitting the resolution and complete package for the Consent Agenda. This public hearing will complete the required public comment period as required by HUD. The 15-day public comment period for the CAPER began November 28, 2019, following a legal notice published in the Journal and Topics newspaper on November 13, 2019. The CAPER is available for public viewing at the following link, as well as at City Hall, Community and Economic Development Department. http://desplaines.org/cdbgplansreports Recommendation: I recommend that the City Council hold the public hearing regarding the PY2018 CAPER. MEMORANDUM PUBLIC HEARING Page 1 of 1 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: December 5, 2019 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Community and Economic Development Director Davorka I. Kirincic, AICP, Associate Planner / CDBG Administrator Subject: Program Year 2018 CDBG Consolidated Annual Performance & Evaluation Report (CAPER) Adoption Issue: The Consolidated Annual Performance & Evaluation Report (CAPER) is an annual document detailing the accomplishments of the Community Development Block Grant (CDBG) program and requires City Council approval before submitting to the U.S. Department of Housing and Urban Development (HUD). Analysis: The City of Des Plaines Program Year (PY) 2018 CAPER summarizes the program performance of Year 4 of the CDBG Consolidated Plan (PY2018 Action Plan, October 1, 2018 to September 30, 2019). The CAPER reports on the expenditures and accomplishments of the public service, housing, and infrastructure programs performed in respect to the goals established in the Action Plan. As of December 5, 2019 no public comments were received. Recommendation: I recommend that the City Council approve Resolution R-202-19 approving the PY2018 Consolidated Annual Performance & Evaluation Report. Attachments: Attachment 1: PY2018 CAPER Legal Notice Attachment 2: R-202-19 Exhibit: Exhibit A: PY2018 CAPER MEMORANDUM Page 1 of 27 CONSENT AGENDA #1. CITY OF DES PLAINES PUBLIC COMMENT PERIOD and PUBLIC HEARING for the: Community Development Block Grant Program Year 2018 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT PUBLIC COMMENT PERIOD Notice is hereby given that the City of Des Plaines Program Year 2018 Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) will be available for public review and comment beginning Thursday, November 28, 2019. The CAPER is the City’s annual CDBG report to the U.S. Department of Housing and Urban Development (HUD). It will reflect the Program Year 2018 results, which began October 1, 2018 and ended September 30, 2019. The City of Des Plaines invites comments on the CAPER. The 15-day (minimum) public comment period will begin Thursday, November 28, 2019 and end Monday, December 16, 2019. The report will be available by visiting the Community and Economic Development Department, 1420 Miner Street, Des Plaines, IL. 60016 and via internet at: http://desplaines.org/cdbgplansreports PUBLIC HEARING A public hearing on the CAPER will be held during the regularly scheduled City Council meeting on Monday, December 16, 2019. The public hearing will begin at 7:00 p.m. in Room 102 of the Des Plaines Civic Center, 1420 Miner Street, Des Plaines, IL 60016. Written citizen comments will be submitted with the CAPER to HUD after the hearing. For more information, please contact the CDBG Administrator at 847-391-5381 or dkirincic@desplaines.org. Attachment 1 Page 2 of 27 CITY OF DES PLAINES RESOLUTION R - 202 - 19 A RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR PROGRAM YEAR 2018. WHEREAS, the City is a designated entitlement community under the Community Development Block Grant ("CDBG") program administered by the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, in accordance with federal regulations, the City must obtain HUD approval of a "Consolidated Plan" every five years and an "Action Plan" every year prior to the disbursement of CDBG funds to the City by HUD; and WHEREAS, each year the City must submit to HUD a CDBG Consolidated Annual Performance and Evaluation Report ("CAPER") that describes the City's CDBG-funded activities for the program year; and WHEREAS, the 2018 program year began on October 1, 2018 and ended September 30, 2019; and WHEREAS, the City accepted public comment on the 2018 CAPER from November 28, 2019 through December 16, 2019; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the 2018 CAPER and submit it to HUD; 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 2018 CAPER. The City Council hereby approves the 2018 CAPER in substantially the form attached to this Resolution as Exhibit A. Attachment 2 Page 3 of 27 SECTION 3: AUTHORIZATION TO SUBMIT 2018 CAPER TO HUD. The City Council hereby authorizes and directs the City Manager, on behalf of the City, to submit the 2018 CAPER to HUD not later than December 30, 2019. 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 CDBG CAPER Report PY2018 Attachment 2 Page 4 of 27 1 CAPER 2018 Consolidated Annual Performance and Evaluation Report FOR COMMUNITY DEVELOPMENT BLOCK GRANT TO BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAM YEAR 2018 (October 1, 2018 – September 30, 2019) Prepared by the City of Des Plaines Community and Economic Development Department 1420 Miner Street Des Plaines, Illinois 60016 DRAFT COPY FOR THE PUBLIC HEARING AND ADOPTION December 16, 2019 DR A F T E x h i b i t A P a g e 5 o f 2 7 2 PLEASE NOTE THAT THIS IS A DRAFT OF THE PY2018 CAPER. THE COOK COUNTY AMENDMENT TO THE PY2018 ACTION PLAN IS STILL UNDER U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REVIEW AND AS RESULT, STAFF PROJECTED AND MANUALLY ENTERED IDIS DATA, WHICH WILL BE AUTOMATICALLY UPDATED ONCE THE SUBJECT AMENDMENT IS APPROVED. ADDITIONALLY, THERE ARE OUTSTANDING INVOICES FOR THE DECEMBER 16, 2019 WARRANT REGISTER, WHICH ARE NOT CURRENTLY INCLUDED IN THIS CAPER. AS RESULT OF THE ABOVE, AN UPDATED DOCUMENT OF THE PY2018 CAPER WILL BE SUBMITTED TO HUD AT LATER DATE, AFTER THE PUBLIC HEARING AND ADOPTION AT CITY COUNCIL ON DECEMBER 16, 2019. DR A F T E x h i b i t A P a g e 6 o f 2 7 3 PY2018 CAPER Executive Summary Introduction The Community Development Block Grant (CDBG) is a federally funded program of the U.S. Department of Housing and Urban Development (HUD). Established in 1974, CDBG has been vital for helping local governments tackle the challenges facing their communities. As a CDBG entitlement community with a population of over 58,000, the City of Des Plaines receives an annual allocation of funding based on a federal grant funding formula. The City of Des Plaines Community and Economic Development Department administers and works closely with HUD to ensure efficient programming. Per the national objective, all program activities aim to benefit low-and moderate-income persons, prevent or eliminate blight, and/or meet an emergency need of the community. There are three essential documents required by HUD from all recipients of the CDBG program: The Consolidated Plan, Annual Action Plan (Action Plan), and Consolidated Annual Performance and Evaluation Report (CAPER). The CDBG Consolidated Plan must be submitted every five (5) years and provides a snapshot of a community’s current conditions and establishes long-term objectives, strategies, and goals to alleviate the issues identified. The Action Plan allows the community to make annual adjustments to meet both the goals benchmarked in the Consolidated Plan or handle newer issues that may occur. The CAPER provides the accomplishment figures compared to the goals referenced in the Consolidated and Action Plan. Both the Action Plan and its respective CAPER must be submitted annually. The current Consolidated Plan includes the program years 2015 through 2019 (October 1, 2015, to September 30, 2019). To that end, the City of Des Plaines PY2018 CAPER reflects on the accomplishments of Year Four (October 1, 2018, to September 30, 2019) of the Consolidated Plan (PY2018 Action Plan). DR A F T E x h i b i t A P a g e 7 o f 2 7 4 CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of Des Plaines has made progress on its one-year Action Plan that is appropriate with the expected pace of the vision, goals, and objectives of the Strategic Plan in the five-year Consolidated Plan. High priority needs accomplished included affordable housing, homelessness prevention, other special housing/non-homeless needs, and public service needs. Public facilities and public infrastructure were identified as medium priority needs. In the third quarter of PY2014, there was a change of staff within the CED department, which resulted in the discovery of unspent funds from previous years. The new staff created a new five-year Consolidated Plan and planned to moderately increase spending of funds during the next five years to draw down the unspent funds. These plans included increasing funds for home rehabilitation programs, the Public Facility Program, and the Public Infrastructure Improvement Program. As a new introduction to the City’s Consolidated Plan, backup projects were identified in many areas to ensure the ability to draw down sufficient funds on an annual basis. With the mentioned changes, staff successfully spent almost all accumulated unspent funds (an amount of over $600,000) from previous years and have remaining balance of only $269.25 for the PY2018. That was a reason why the City did not use CDBG funds toward public infrastructure in low and moderate income areas for PY2018 and PY2019 as originally planned in the Consolidated Plan. Staff proposed a Substantial Amendment to the 2015-2019 Consolidated Plan, the PY2018 Annual Action Plan, to show the above changes. Additionally, staff requested and received approval to remove the Public Participation Plan from the Appendix of the 2015-2019 Consolidated Plan and have it stand as a separate document titled, “Citizen Participation Plan”, to simplify future revision adoption procedures. Furthermore, staff adopted comprehensive revisions and reorganized the current Public Participation Plan. All these changes were included in the Substantial Amendment to the 2015-2019 Consolidated Plan, the PY2018 Annual Action Plan, and the Citizen Participation Plan, which was adopted at City Council on October 21, 2019 with Resolution R-173-19. No substantial amendment was necessary for the PY2019 Action Plan because no accumulated funds were budgeted for public infrastructure/public facility improvements. Home Rehabilitation Programs: The City of Des Plaines focused the CDBG program towards providing decent housing by preserving the existing housing stock and improving the overall quality of the community’s low-and moderate-income neighborhoods. To that end, the PY2015-19 Consolidated Plan allocated close to 35% of its annual CDBG budget to fund programs designed to address the affordable housing needs of low-and moderate-income residents. A description of the housing programs are as follows: DR A F T E x h i b i t A P a g e 8 o f 2 7 5  The Home Repair Program (HRP) had been the central activity of the City’s CDBG Program. During the last few years, the Annual Action Plans increased the HRP allocation based on the trend of previous program years. This approach had initially shown success by creating the opportunity to serve low-and moderate-income areas (LMA) with specific home repair projects. However, later obstacles resulted in some projects not being completed causing funds to accumulate from the previous years. In the last couple years, staff put additional effort to better promote the HRP program, which resulted in an increase in HRP applicants and a waiting list. Additionally, staff looked into ways to modify program requirements to ensure that it would be easier for households to comply and complete the projects in the program year. Aforementioned efforts resulted in repairing of eleven households with CDBG funds for PY2018. Staff will continue allocating funds towards the HRP program.  The Minor Repair Program (MRP) was introduced in PY2015 as a pilot program primarily targeting seniors in need of minor home repairs and the opportunity to live and age in the comfort of their own homes. Unfortunately, in PY2017 no households qualified for the program. To improve participation, in the PY2017 staff reduced the time that properties are liened. Instead of the placing a lien on a property for ten years, it has been reduced to three years. These changes resulted in qualifying and repairing two households as was planned for the PY2018. Staff will continue allocating funds towards the MRP program.  The Emergency Repair Program (ERP) has proven to be effective in maintaining decent housing by assisting low-and moderate- income households during emergencies. Typical housing activities include temporary repairs to a leaking roof and plumbing/heating issues. Often, the maximum grant amount ($2,500) was not enough, and staff increased funding starting with PY2017 to $3,000. In PY2018, only one household qualified for this program. Staff will continue allocating funds towards the ERP program and use it as needed. Improve Public Facilities: The Des Plaines Strategic Plan identified the use of CDBG funds to improve park facilities in high density LMA residential neighborhoods: The Apache Park Neighborhood Project, completed in PY2015, received $200,000. The Seminole Public Park Rehabilitation project was completed in PY2016 of $102,149. Additionally, the Seminole Park Playground Improvement Project was completed in PY2017 in the amount of $75,000. The City was successful in spending down previously accumulated funds through PY2017 and did not allocate CDBG funds toward public facility in low-and moderate-income areas for PY2018 and PY2019 as originally planned in the Consolidated Plan. Staff proposed a substantial amendment to the 2015-19 Consolidated Plan and PY2018 Action Plan to reflect these changes. Public Infrastructure Improvement Projects: These projects encompass a wide range of eligible activities that include infrastructure/facilities construction and rehabilitation to assist primarily residential LMA. In recent years, the City was able to improve the conditions of public sidewalks and alleys in low-and moderate-income areas in an efficient manner. In PY2017, four existing intersection sidewalks were improved to comply with ADA requirements at Scott Street and Nimitz Drive; Scott Street and Sunset Drive; Craig Drive and Pratt Avenue; and Plainfield Drive and Everett Avenue. DR A F T E x h i b i t A P a g e 9 o f 2 7 6 Furthermore, new street lights were installed on existing light poles throughout the Apache Park Neighborhood. All subject projects were located in low-and moderate-income areas of the City. As mentioned earlier, the City was successful in spending down these funds through PY2017. The City did not allocate CDBG funds toward public infrastructure in low and moderate income areas for PY2018 and PY2019 as originally planned in the Consolidated Plan. Staff proposed a substantial amendment to the 2015-19 Consolidated Plan and PY2018 Action Plan to show the above changes. Public Service Programs: Four public service sub-recipient organizations received CDBG funding in PY2018. All CDBG projects/activities were completed by the end of PY2018. The City of Des Plaines collaborates with several public service not-for-profit agencies to assist the needs of the homeless, persons at-risk, and transitional housing persons, as well as leading them towards more permanent independent living solution. The City coordinates with Northwest Compass and the Center of Concern to provide homelessness prevention (at-risk) services through the CDBG Counseling Housing and Homeless Prevention Program, respectively. Some of the services provided to low-and moderate-income residents include one-on-one counseling, advice for landlord-tenant mediation, fair housing information, employment, Medicare insurance, legal and financing counseling, emergency rent, mortgage aid, housing location assistance, and security deposit loans. In PY2018, these programs have assisted a combined 311 residents. High priority non-housing community development needs of the Consolidated Plan include senior and youth programs. In PY2018, the CDBG program funded the Senior Housing and Supporting Services Program to provide the elderly with employment counseling and networking resources (although available to all low-and moderate-income Des Plaines residents). In PY2018, this program assisted a combined 71 residents/households. Des Plaines continues to support programs that provide transitional housing and counseling towards permanent and independent living. Both The Harbour Inc. and Women In Need Growing Stronger (WINGS) are nonprofit housing and social service agencies that provide emergency and transitional housing for runaway youth and abused women as limited clientele/presumed benefits. During occupancy, participants are presented with a wide range of counseling to improve their transition towards permanent housing. Aftercare and alternative agency resources are also provided. In PY2018, The Harbour Inc. and WINGS assisted ten and three persons respectively. DR A F T E x h i b i t A P a g e 1 0 o f 2 7 7 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the Consolidated Plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Spent Strategic Plan PY2018 Program Year Goal Category Source / Amount Indicator Unit of Measure Expected Strategic Plan Actual Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Improve Public Facilities *Capital Improvements: Improve Public Facilities Non-Housing Community Development CDBG: see below Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Low Income Census Block Groups- Persons Assisted 6,263 *4,182 (1350) 66.77% *0,000 (1,638) 0,000 100.00% Improve Public Infrastructure *Capital Improvements: Improve Public Infrastructure Non-Housing Community Development CDBG: see below Public Facilities or Infrastructure Activities other than Low/Moderate Income Housing Benefit Low Income Census Block Groups- Persons Assisted 20,000 *14,350 (2,546) 71.75% *0.00 (2,773) *0.00 (2,546) 100.00% Make Housing Affordable, Accessible, and Sustainable *Capital Improvements: Preserve affordable, accessible, sustainable housing Affordable Housing CDBG: See below Homeowner Housing Rehabilitated Low Moderate Income Household Housing Unit (Home Rehabilitation Programs: PY2016) 25 *18 (8) 72.00% *8 (9) 11 120.00% Services: Provide Financial Assistance for Public Programs and Services Provide Public Services Limited Clientele Homeless and at risk of Homeless CDBG: See below Public Service activities for Low/Moderate Income Housing Benefit Persons Assisted (Center of Concern, Northwest Compass) 905 *1,161 (0) 128.29% *311 (101) 311 100.00% DR A F T E x h i b i t A P a g e 1 1 o f 2 7 8 Provide Public Services Limited Clientele Presumed Benefits CDBG: See below Public Service activities other than Low/Moderate Income Housing Benefit Persons Assisted (WINGS, The Harbour) 55 *49 (11) 89.09% *20 (11) *13 (11) 65.00% Planning and Administration: Conduct Planning and Administration Activities Planning and Administration: Conduct planning Planning and Administration CDBG: See below Other Other (Planning and Administration) N/A N/A N/A N/A N/A N/A Table 1 - Accomplishments – Program Year & Strategic Plan to Date It is important to note the five year Consolidated Plan was being completed and all data entered by former staff. Due to aforementioned reasons, data (matrix codes and indicators) was not entered correctly in the Consolidated Plan as well as in the PY2015, 2016, PY2017 and PY2018 Action plans. For the previously mentioned reasons, data populated by IDIS for the PY2018 CAPER (in parentheses) in the above table was incorrect, and staff manually entered the corrected data (marked with “*”). Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. Consistent with prior program years, the City’s use of CDBG funding distribution is generally broken down as follows: 35% home rehabilitation programs, 15% public services, 20% program administration activities, and rest for the public facilities and infrastructure improvements. This program year, the City received total funding of $300,348. In addition to that, there were left over funds from PY2017 in amount of $269.25, leaving total amount of $300,617.25. In an effort to draw down these funds, the City has conducted the following activities within the identified programs: Preserve Affordable, Accessible, and Sustainable Housing These programs has been identified as a high priority need in the 2015-2019 Consolidated Plan. Nine owner-occupied homes were improved via the City’s Home Repair Program, and two households were improved via the Minor Repair Program, utilizing PY2018 funds. The Emergency Home Repair Program is also included in this goal, but it is intended to be used only on an as- needed basis in the event of an individual emergency. There was only one household in need of the Emergency Home Repair Program during PY2018, and the remaining balance will be carried forward and used during PY2019. During PY2015, staff dramatically increased public advertising and awareness of Home Rehabilitation Programs. As a result, Northwest Housing Partnership, as an administrator of these programs, had a long waitlist of qualified households for these programs in PY2018. Unfortunately, quite a few households were unable to complete the program for varying reasons. Staff is still researching existing processes and procedures to make sure DR A F T E x h i b i t A P a g e 1 2 o f 2 7 9 it will be easier for households to comply and complete projects for the next program year. A total of $192,848 was used for all three home rehabilitation programs. Due to the high interest in housing rehabilitation programs this year, staff is continuing to fund the Home Repair Program and Minor Repair Program with $177,178 and $21,275 respectively for PY2019. Staff will also continue to fund $6,000 to the Emergency Repair Program as has been done in previous years. Provide Public Services These programs are high priority needs but are limited to 15% of the total annual grant. Nearly 100% of planned funds were expended to support organizations that provided counseling, supportive, and referral services; child and youth services; senior services that enabled them to “age in place”; special needs services; health care services; financial, career, and employment counseling services; interpretation services with multilingual staff; and housing-related services by addressing issues such as homelessness prevention, helping homelessness. A total amount of $34,300 was spent in PY2018 on the mentioned public social services. Additionally, an amount of $10,400 was awarded to social service agencies that provide emergency and transitional housing for a runaway girls and abused women as limited clientele/ presumed benefits. Only amount $6,353.56 instead of $10,400 was used due to the WINGS not utilizing all dollars allocated amount for the program year. Improve Public Facilities Although this program is typically of medium priority, the City of Des Plaines, completed a variety of activities as a part of the Public Facility Improvement Program as backup projects in previous program years. As mentioned earlier, the City was successful in spending down previously accumulated funds through PY2017 and did not use CDBG funds toward public facilities in low-and moderate-income areas for PY2018 and PY2019 as originally planned in the Consolidated Plan. Improve Public Infrastructure In the past, the City of Des Plaines completed a variety of activities as a part of the Public Infrastructure Improvement Program as a backup project. Due to the fact that the City was successful in spending down previously accumulated funds through PY2017, did not use CDBG funds toward public facilities in low-and moderate-income areas for PY2018 and PY2019 as originally planned in the Consolidated Plan. Conduct Planning and Administration Activities City staff regularly contacts sub-recipients, including activities such as agreement preparation and execution, quarterly reporting, reimbursement processing, monitoring, and on-site pre-construction meetings and post-construction administration. Additional activities include monthly lunch workshops, collaborating with other north suburban CDBG entitlement communities, and creating consistent monitoring and reporting activities, especially for sub-recipients that receive funding from multiple entitlement communities. In addition to payroll, staff allocated $1,000 to pay for the professional fees for the development of the Assestment of the Fair Housing (AFH). This activity will stay open in IDIS until the AFH will be completed in 2020 in order to pay out professional fees to the Enterprise Community Partners. Timeliness: PR-56 On August 2, 2019, the Chicago HUD Office conducted an annual timeliness test of Des Plaines’ CDBG expenditures. It was determined that Des Plaines’ timeliness ratio was under 1.5, and Des Plaines was in compliance with the timeliness performance standard. DR A F T E x h i b i t A P a g e 1 3 o f 2 7 10 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 253 Black or African American 52 Asian 44 American Indian or American Native 2 Other multi-racial 18 Total 369 Hispanic 95 Not Hispanic 274 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative Des Plaines is a racially and ethnically diverse community, as is reflected in the resident data above. Per the PR-03c-Public Service Activities, a total of 369 Des Plaines residents were served during PY2018, including the races in Table 2. In addition to the beneficiaries reported above, six White and one Native Hawaiian/Other Pacific Islander households were assisted through the Home Repair Program, and one White household was assisted through our Emergency Repair Program. DR A F T E x h i b i t A P a g e 1 4 o f 2 7 11 CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG $300,617.25 296, 517.25 Table 3 – Resources Made Available Narrative The City received an entitlement allocation of $300,348, which is higher than the estimated yearly amount of $270,000 in the Consolidated Plan. Utilizing planned backup projects, staff successfully spent all accumulated unspent funds from previous years and have a balance of only $269.25 left to be programed for PY2018. In PY2018 City will most likely spend all planned funds. Some of the home rehabilitation activities are still not complete and are open in the IDIS due to the fact that they were qualified late in the program year. The "Amount Expended during Program Year 2018" for PY2018 ($296, 517.25) is shown on Line 15 of the PR-26. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Des Plaines City Wide (PY2018) 100% 89% All CDBG projects Table 4 – Identify the geographic distribution and location of investments Narrative 89% of the CDBG funds were spent as a planned city-wide, through home rehabilitation projects, public social service programs, and planning. DR A F T E x h i b i t A P a g e 1 5 o f 2 7 12 Leveraging Explain how federal funds leveraged additional resources (private, state, and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The public infrastructure improvement projects had cost shares sourced by the City’s capital fund, and planning and administration staff had cost shares sourced by the City’s general fund. The Seminole Park Playground Improvement shared the cost with the Des Plaines Park District. Also, the City’s sub-recipients, including North West Housing Partnership, Northwest Compass Inc., WINGS, The Harbour, and the Center of Concern, used CDBG funds to leverage HUD, State, municipal and private resources to operate programs for incorporated City of Des Plaines residents. In terms of housing projects, some Home Rehabilitation Program participants are able to fully fund the balance of their rehabilitation project that exceeds their forgivable loan/grant amount. Public infrastructure and facility projects funded by CDBG are typically leveraged with separate public funding to complete larger projects. For instance, CDBG funds were used to help fill funding gaps in larger scale projects such as Apache Neighborhood Park Rehabilitation in PY2014 and PY2015; Seminole Park Renovation in PY2016 and Seminole Park Playground Improvement in PY2017-all done by the Des Plaines Park District. Two infrastructure projects/ADA Compliance Intersection Sidewalk Improvements and Apache Neighborhood Street Lighting were done as backup projects in PY2017 by the City’s Public Works and Engineering Department. No public infrastructure and public facility project were utilized in the PY2018. DR A F T E x h i b i t A P a g e 1 6 o f 2 7 13 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 0 0 Number of Special-Needs households to be provided affordable housing units 0 0 Total 0 0 Table 5- Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 Number of households supported through The Production of New Units 0 Number of households supported through Rehab of Existing Units 9 11 Number of households supported through Acquisition of Existing Units 0 Total 9 11 Table 6 - Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. During PY2018, 11 non-homeless affordable housing units, with a total of 24 occupants/residents, participated in the home rehabilitation programs, while nine households were projected for the PY2018 Action Plan and 25 units are projected for the five-year Consolidated Plan term. The initial nine households did not use the maximum grant amount to complete renovations, and staff was able to qualify three additional households. If this pace continues on an annual basis, the twenty five unit goal will be achieved. These programs are in demand; however, not everyone is eligible, as DR A F T E x h i b i t A P a g e 1 7 o f 2 7 14 prospective recipients are turned away due to their household incomes exceeding income requirements. Unfortunately, not all the households from the waitlist went through housing programs, and staff is continuously looking into ways to modify the program requirements to ensure that it will be easier for households to comply and complete projects. In that matter, in PY2017, staff already reduced the lien term requirement for the MRP from ten years to three years in order to increase participation. Four of the 11 funded household rehabilitation activities are still under construction and will be completed by the end of December 2019. Staff will continue allocating funds towards housing rehabilitation programs. Emergency Home Repair Program funds are only used in case of an emergency/as needed, and this year only one household was served. Discuss how these outcomes will impact future annual action plans. Modifications were made to the upcoming PY2019 Annual Action Plan to keep funds for the home rehabilitation programs in response to the increased demand for these programs, and also to diversify the type of programs which will be administered through sub-recipients. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Persons Served CDBG Actual HOME Actual Extremely Low-income 4h (1p) 0 Low-income 0 0 Moderate-income 7h (23p) 0 Total 11h (24p) 0 Table 7 – Number of Persons Served Narrative Information The IDIS populated the number of households instead of the number of persons in the table above. Staff manually entered the actual number of people (marked in parentheses). A total of 11 households received housing rehabilitation programs. A total of 24 people benefited from home rehabilitation programs. The City does not directly receive HOME funds; thus, no data is provided. DR A F T E x h i b i t A P a g e 1 8 o f 2 7 15 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Des Plaines primarily enlists social service agencies who have the expertise and capacity to tackle the difficult issue of homelessness. Specifically, Des Plaines works with The Harbour, an agency that provides services to homeless and at-risk of homelessness youth, Women in Need Growing Stronger (WINGS), who provides services to homeless and at-risk of homelessness victims of domestic violence, and Center of Concern, who provides services to the entire spectrum of homeless and at-risk of homeless citizens. The City of Des Plaines Department of Health and Human Services and Police Department will continue to reach out to homeless persons, refer them to the social service programs available to them via the City’s CDBG sub-recipient, and relate their needs to the Des Plaines CDBG staff. Addressing the emergency shelter and transitional housing needs of homeless persons The City of Des Plaines’ Health and Human Services Department is able to assist individuals and families in need of transitional housing by providing referrals to and information about various agencies that serve and work with the homeless. These area agencies include Connections with the Homeless, Journey from PADS to Hope, Salvation Army, and Resurrection Hospital. The Health and Human Services Department also provides money for gas, food or transportation as it applies to the current situation. Des Plaines also has several free dinners available to any resident in need of food. The City provides CDBG funding to WINGS, an organization that provides housing and services to women and children who are homeless or living with issues of domestic violence through Safe House Emergency Shelter (Domestic Violence) Program. Their primary goal is to provide safety, long- term stability, shelter, food, clothing, and other resources (i.e. case management, career development) to women and their children. The City also provides CDBG funding to the Harbour, an organization that provides safe and transitional housing for youth ages 12-21. The goal of the program is to provide comprehensive services to homeless youth in the form of short-term housing, transitional living, and supportive services. The staff works with the youths and their families to stabilize their circumstances and ensure that they receive the necessary assistance. Services are aimed at placement in a safe and stable living situation and eventually reuniting the participants with their family. DR A F T E x h i b i t A P a g e 1 9 o f 2 7 16 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care, and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Supporting homeless persons and families’ transition to stable, permanent housing and independent living: 1. Outreach, including internet based, to the already homeless. Provide appropriate outreach to strengthen the homeless person’s ability to identify resources, plan strategically, manage relationships, and build bridges to care and affordable housing in the community. Provide a special focus on the most vulnerable which includes youth, persons with disabilities and age 50+ seniors. 2. Homeless Related Housing Counseling to the already homeless. Provide Housing Counseling that includes housing options clarification, linkage to housing and homeless assistance funds, and short term benefit counseling/financial planning. Provide special focus on preventing return to homelessness strategies. 3. Homeless Housing Case Management. Provide coordinated housing assessment and services to connect each, and sustain each individual and family with the best fit housing solution. Provide comprehensive assessment, goal setting, and linkage to care. Address vocational, mental health, addiction, benefits management, financial counseling, and linkage to health care services. 4. Rapid Re-housing. Expand Rapid Re-housing resources to respond to episodic homelessness. 5. Sustainably Housed Support. Create ongoing, including internet based, educational, and service supports for populations-especially youth, persons with disabilities, and age 50+seniors who struggle to function within the homeless services system of care. Provide special focus on preventing return to homelessness strategies. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Most homeless assistance in Des Plaines is preventive as opposed to direct services to someone without a residence; however, The Harbour helps homeless youth transition into permanent housing and independent living. DR A F T E x h i b i t A P a g e 2 0 o f 2 7 17 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing According to a consultation with the Housing Authority of Cook County (HACC), there are no actions planned to occur during City of Des Plaines CDBG PY2018. Public housing in the City is provided through the Henrich House, which is owned by the Housing Authority of Cook County. The building is located at the corner of Lee/Mannheim and Ashland Avenue and includes 128 units 375 square feet each (1 bedroom, 1 bath). There is residential parking for the residents with assigned parking stickers. A bus station (Pace Bus Rt. 220) is at the west side of the building. There is also a senior transportation program that stops right in front of the Henrich House and transports residents anywhere in Maine Township. Additionally, the downtown Des Plaines Metra station is three blocks south of the Henrich House. There is convenient shopping, health centers, hospitals, education and cultural institutions. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership According to consultation with the HACC, there are no actions planned to occur during Des Plaines CDBG PY2018. Actions taken to assist troubled PHAs The HACC is not designated as troubled. DR A F T E x h i b i t A P a g e 2 1 o f 2 7 18 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) It has been a goal and recommendation in both the City of Des Plaines Comprehensive and Consolidated Plan to provide a variety of housing types to serve a wider range of residents and further fair housing choice. Staff believes this will be achieved as the community gradually redevelops with more diversified housing stock. In January of 2011, the City of Des Plaines received $90,300 in funding from the Model Communities Grant Program for a number of initiatives targeted at reducing obesity and improving overall health of Des Plaines residents. As part of the grant award, the City was able to work with the Active Transportation Alliance on a year-and-a-half long public planning process that culminated in the creation of a Complete Streets Policy, an Active Transportation Plan, and a city-wide School Travel Plan that will guide future development in the City. In addition, the grant funding allowed for the purchase of more than 100 bike racks for installation throughout the City. The City will approach every transportation improvement and project phase as an opportunity to create safer and more accessible streets and corridors for users of all ages and abilities, with an emphasis on prioritizing the needs of pedestrians, bicyclists, and transit users. The City will continue to support local organizations in their efforts to maintain or create affordable units for existing and future Des Plaines residents, including the conversion of units to eliminate barriers to ADA-accessibility. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City has distributed and will continue to fairly distribute CDBG funding to organizations who will attempt to address the obstacles in meeting the underserved needs of the community. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) – (different heading in IDIS) The City’s Building Division has monitored and will continue to monitor lead levels in homes participating in the Home Rehabilitation Programs where paint disturbance will occur, or there are deteriorating paint conditions. Many homes accepted to the Home Repair and Minor Repair Program were screened for lead paint and provided with abatement information. Follow-up and clearance inspections were also performed following the rehabilitation of homes if lead paint stabilization was completed. Homes built on or after 1978 and/or housed exclusively for the elderly or people with disabilities were exempt from the lead safe housing rule requirements. For PY2018, seven households were notified of no lead based paint present DR A F T E x h i b i t A P a g e 2 2 o f 2 7 19 in their homes after testing, four were reported with no paint disturbed, and one household reported of lead paint removal being completed. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City has maintained and will continue to work toward maintaining or increasing, affordable housing, providing a stable base environment from which to work. Des Plaines has sought to reduce the number of poverty level families by funding programs and services targeted at the demographic groups most likely to be at risk. In general, poverty rates are disproportionately represented by single female head of households and minority female head of households. A large percentage of these households were very low income, 50% of median income. In addition, the City’s Economic Development Coordinator is making strides to grow the City’s economy by working to redevelop vacant properties and commercial spaces and attracting new businesses to Des Plaines. Most, if not all, of the economic development activities, will be accomplished by utilizing tax increment finance (TIF), and the general funds, with no CDBG funding. Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff provided and will continue to provide technical assistance to sub-recipients throughout the program year, including on-site pre-construction meetings, quarterly reporting assistance, and on-site yearly monitoring visits. Since the City’s 2015 HUD monitoring visit, policies and procedures related to grant management have been monitored, updated as needed, and documented in the CDBG procedures folder. CDBG administration staff will continue to look for operational efficiencies and attend relevant training and conferences. In addition, Des Plaines has worked with CDBG staff from Arlington Heights, Mount Prospect, Palatine, Schaumburg, Skokie, and others as we look to establish consistent reporting and procedures. Such collaboration further enables organizations that serve two or more of our communities to efficiently run their programs that receive CDBG funding. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) In addition to the aforementioned technical assistance and monitoring activities, Community and Economic Development, Public Health, and Human Services staff members have collaborated and will continue to collaborate with each other and reach out to housing and social services agencies as needed. The public services sub recipients receive further monitoring when they are new to the program, have new staff, and/or possible discrepancies are found in their quarterly reporting. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) DR A F T E x h i b i t A P a g e 2 3 o f 2 7 20 The City is committed to making Des Plaines a better place to live, work, and play for all residents, workers, and employers. The activities listed above will enhance this effort for low-and moderate-income residents, households, and neighborhoods, and the community and the region as a whole. In August 1997, the City of Des Plaines completed the Analysis of Impediments to Fair Housing Choice (AIFH) study. However, staff has not been able to locate the original copy of the AIFH. In 2015, the U.S. HUD adopted a new rule (“AFH Rule”) requiring entitlements and public housing authorities (Entities”) to produce an Assessment of Fair Housing (“AFH”), which analyzes the local fair housing landscape and sets fair housing priorities and goals. Under the AFH Rule, the next AFH must be submitted by 2020. HUD encourages local Entities to collaborate on a regional AFH to reduce the cost of producing the AFH and to analyze fair housing on a regional scale. On November 5, 2018, the City adopted Resolution R-195 approving an Intergovernmental Agreement for the Development of the 2020-2025 Regional Assessment of Fair Housing. The City and 16 other Cook County Entities desire to collaborate on the submission of the AFH and designate the Cook County as the lead entity. The City signed an intergovernmental collaboration agreement with the County entities setting forth their respective obligations and commitments and acknowledging that Enterprise Community Partners will assist in the production of the AFH for the same. The AFH is currently in production, and the Enterprise Community Partners are providing technical assistance to develop the AFH and overseeing the participation of other civic organizations. The official HUD deadline to complete the AFH is October 31, 2020. The performance period will span from November 2018 through March 2020. DR A F T E x h i b i t A P a g e 2 4 o f 2 7 21 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with the requirements of the programs involved, including minority business outreach and the comprehensive planning requirements All sub-recipients are required to send quarterly reports which are reviewed every quarter by the City’s CDBG Administrator except a home rehabilitation program subrecipient, which sends a monthly reports. The City’s CDBG Administrator also monitors all sub-recipients on an annual basis. Also, public facilities and public infrastructure improvement projects involve pre-construction meetings, where CDBG-related administration and expectations are explained to the contractor and sub-recipient staff, payroll processing, etc. Finally, public services sub-recipients receive further monitoring when they are new to the program, have new staff, and/or possible discrepancies are found in their quarterly reporting. DR A F T E x h i b i t A P a g e 2 5 o f 2 7 22 Citizen Participation Plan 91.105(d); 91.115(d) Citizen Participation Plan 91.105(d); 91.115(d) – (different heading in IDIS) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports The City of Des Plaines provides frequent workshops, publishes all required legal advertisements, and conducts at least two public hearings every year. This year we will have a three public hearings. One public hearing occurred on June 18, 2018, in order to adopt the PY2018 Annual Action Plan. A second public hearing ocurred on October 7, 2019, during the Public Comment Period for the adoption of the Substantial Amendment to the 2015- 2019 Consolidated Plan, the Program Year 2018 Annual Action Plan, and the Citizen Participation Plan. A third public hearing will be held on December 16, 2019, after the end of the Public Comment Period for the PY2018 CAPER in order to adopt the report. A legal notice requesting public input on this CAPER was published on November 13, 2019, in the Journal and Topics newspaper. The 15-day comment period begins on November 28, 2019, and will end at the City Council meeting on December 16, 2019. The CAPER will be published in draft form and be available to the public via the internet at http://desplaines.org/cdbgplansreports and in hard copy at City Hall, Community, and Economic Development Department (hours: 8:30 a.m. to 5:00 p.m., Monday-Friday). Written feedback is requested via email, fax, or the United States Postal Service. City staff will respond within 15 days of receipt of written comments. If any comments are received, they will be forwarded to HUD accordingly. DR A F T E x h i b i t A P a g e 2 6 o f 2 7 23 CR-45 - CDBG 91.520(c) Specify the nature of and reasons for any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. To date, no changes have been made to the CDBG program objectives. If a need of low-and moderate-income residents arises during the five-year term of the Consolidated Plan and is not currently addressed in the existing goals and objectives, staff will work with the appropriate staff and organizations to formally consider an amendment to the Consolidated/Strategic Plan, and communicate that need with the City Council during the next program year public participation cycle. Amendments to the plan(s) will be made as appropriate. At this time, the only potential change envisioned is the number of persons, households, and/or housing units to be served may be amended if our projects are grossly over- or under- estimated. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No. [BEDI grantees] Describe accomplishments and program outcomes during the last year. N/A DR A F T E x h i b i t A P a g e 2 7 o f 2 7 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: November 26, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Michael McMahon, Community and Economic Development Director Alexander Franco, Community and Economic Development Building Official Subject: B&F Construction Code Services, Inc. Service Contract Issue: The Community and Economic Development Department currently utilizes the services of B&F Construction Code Services, Inc. (B&F) for building plan review and inspection services. The current contract with B&F will expire on December 31, 2019. Analysis: The City’s Plan Review Coordinator and Building Inspectors conduct the majority of building plan reviews and inspections in-house. However, there are times throughout the year that plan reviews cannot be completed in a timely manner due to the large number of permit applications submitted. Staff believes that 2020 will be similar to 2019 in the number of building permit applications submitted and therefore believe it is in the best interest of the City to continue to utilize the services of B&F. B&F would be utilized for plan reviews, inspections, and staffing as needed. B&F is one of the leading construction services firms in the Chicago metropolitan area. The City has been utilizing their services for over twenty years and their plan review fees are comparable with that of similar firms in the area. Attached is a two-year contract to continue utilizing the services of B&F in an amount not to exceed $80,000 per year. A portion of all plan review fees collected from the building permits will cover the cost of the B&F services. Recommendation: I recommend the City Council waive bidding requirements and approve Resolution R- 203-19 approving a Service Contract with B&F Construction Code Services in an amount not to exceed $80,000. Attachment: Resolution R-203-19 Exhibit A: Professional Services Agreement Exhibit B: B&F Proposal Exhibit C: Fee Schedule MEMORANDUM Page 1 of 28 CONSENT AGENDA #2. 1 CITY OF DES PLAINES RESOLUTION R - 203 - 19 A RESOLUTION APPROVING AN AGREEMENT WITH B&F CONSTRUCTION CODE SERVICES, INC. FOR PROFESSIONAL PLAN REVIEW AND INSPECTION 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 January 16, 2018, the City Council adopted Resolution No. R-16-18, approving an agreement with B&F Construction Code Services, Inc. (“Consultant”) to conduct building plan review and inspection services for construction projects in the City, which agreement expires on December 31, 2019; and WHEREAS, City staff anticipates that the number of permits submitted in 2020 and 2021 will match, if not exceed, those over the last year; and WHEREAS, the City desires to retain B&F Construction Code Services, Inc. (“Consultant”) to conduct plan review and inspection services for construction projects as such services are needed over time (“Services”); and WHEREAS, in accordance with Chapter 10 of Title 1 of the City Code of the City of Des Plaines and the City purchasing policy, City staff has determined that the procurement of the Consultant’s Services does not require competitive bidding because professional building plans review requires a high degree of professional skill and judgment where the ability or fitness of the individual plays an important part; and WHEREAS, the City has an existing relationship with Consultant, which has satisfactorily performed the Services for the City in the past; and WHEREAS, the City desires to enter into a two-year agreement for the procurement of the Services from Consultant in the amount of $80,000 per year for a total not-to-exceed agreement amount of $160,000 ("Agreement"), subject to the appropriation of sufficient funds for the Services by the City Council in future fiscal years; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement 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 28 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: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Services is hereby waived. SECTION 3: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in the total not-to-exceed amount of $160,000, in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement. 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 an Agreement with B&F Technical for Professional Plan Review and Inspection Services 2020-2021 Page 3 of 28 EXHIBIT A CITY OF DES PLAINES PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is dated as of the ____ day of ___________, 2019, and is by and between the CITY OF DES PLAINES, an Illinois home rule municipal corporation (“City”), and the Consultant identified in Section 1.A of this Agreement. IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the City’s statutory and home rule powers, the parties agree as follows: SECTION 1. CONSULTANT. A.Engagement of Consultant. The City desires to engage the Consultant identified below to perform and to provide all necessary professional consulting services to perform the work in connection with the project identified below: Consultant Name ("Consultant"): B & F Construction Code Services, Inc. Address: 2420 Vantage Drive, Elgin, IL 60124 Telephone No.: (847) 428-7010 Email: rpiccolo@bfccs.org Project Name/Description: Commercial and Industrial Plan Review Agreement Amount: not-to-exceed $80,000 per year B.Project Description. The review of any and all commercial and industrial building plans submitted to the City of Des Plaines as part of a permit or plan review process, building inspections, and permit administration as more fully described in the proposal attached to this Agreement as Exhibit A ("Proposal"). C.Representations of Consultant. The Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the consulting services that are set forth in the Proposal ("Services") in a manner consistent with the standards of professional practice by recognized consulting firms providing services of a similar nature. Exhibit A Page 4 of 28 SECTION 2. SCOPE OF SERVICES. A.Retention of the Consultant. The City retains the Consultant to perform, and the Consultant agrees to perform, the Services. B.Services. The Consultant shall provide the Services pursuant to the terms and conditions of this Agreement. C.Commencement; Term. The Consultant shall commence the Services immediately upon receipt of written notice from the City that this Agreement has been fully executed by the Parties (“Commencement Date”) and terminates on December 31, 2021 unless terminated earlier pursuant to Section 7.D of this Agreement (the “Term”). D.Reporting. The Consultant shall regularly report to the City Manager, or his designee, regarding the progress of the Services during the term of this Agreement. SECTION 3. COMPENSATION AND METHOD OF PAYMENT. A.Agreement Amount. The total amount paid by the City for the Services pursuant to this Agreement shall not exceed the amount identified as the Agreement Amount in Section 1.A of this Agreement. No claim for additional compensation shall be valid unless made in accordance with Sections 3.D or 3.E of this Agreement. B.Invoices and Payment. The Consultant shall submit invoices in an approved format to the City for costs incurred by the Consultant in performing the Services. The amount billed in each invoice for the Services shall be based solely upon the rates set forth in the Proposal. The City shall pay to the Consultant the amount billed within 60 days after receiving such an invoice. C.Records. The Consultant shall maintain records showing actual time devoted and costs incurred, and shall permit the City to inspect and audit all data and records of the Consultant for work done pursuant to this Agreement. The records shall be made available to the City at reasonable times during the term of this Agreement, and for one year after the termination of this Agreement. D.Claim In Addition To Agreement Amount. 1.The Consultant shall provide written notice to the City of any claim for additional compensation as a result of action taken by the City, within 15 days after the occurrence of such action. 2.The Consultant acknowledges and agrees that: (a) the provision of written notice pursuant to Section 3.D.1 of this Agreement shall not be deemed or interpreted as entitling the Consultant to any additional compensation; and (b) any changes in the Agreement Amount shall be valid only upon written amendment pursuant to Section 8.A of this Agreement. Exhibit A Page 5 of 28 3. Regardless of the decision of the City relative to a claim submitted by the Consultant, the Consultant shall proceed with all of the work required to complete the Services under this Agreement, as determined by the City, without interruption. E. Additional Services. The Consultant acknowledges and agrees that the City shall not be liable for any costs incurred by the Consultant in connection with any services provided by the Consultant that are outside the scope of this Agreement (“Additional Services”), regardless of whether such Additional Services are requested or directed by the City, except upon the prior written consent of the City. F. Taxes, Benefits, and Royalties. Each payment by the City to the Consultant includes all applicable federal, state, and City taxes of every kind and nature applicable to the Services, as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits, and all costs, royalties, and fees arising from the use on, or the incorporation into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claims or rights to claim additional compensation by reason of the payment of any such tax, contribution, premium, cost, royalty, or fee are hereby waived and released by the Consultant. G. Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each phase of the Services, shall be considered complete on the date of final written acceptance by the City of the Services or each phase of the Services, as the case may be, which acceptance shall not be unreasonably withheld or delayed. SECTION 4. PERSONNEL; SUBCONTRACTORS. A. Key Project Personnel. The Key Project Personnel identified in the Proposal shall be primarily responsible for carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be changed without the City's prior written approval. B. Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant shall notify the City as soon as practicable prior to terminating the employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel. The Consultant shall have no claim for damages and shall not bill the City for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassignment, or resignation. C. Approval and Use of Subcontractors. The Consultant shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved in advance by the City in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the City. The City’s approval of any subcontractor or subcontract Exhibit A Page 6 of 28 shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services as required by this Agreement. All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manner as if performed by employees of the Consultant. For purposes of this Agreement, the term “Consultant” shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement. D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a manner satisfactory to the City and consistent with commonly accepted professional practices, the Consultant shall immediately upon notice from the City remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this Agreement, or for a delay or extension of the Time of Performance as a result of any such removal or replacement. SECTION 5. CONFIDENTIAL INFORMATION. A. Confidential Information. The term “Confidential Information” shall mean information in the possession or under the control of the City relating to the technical, business, or corporate affairs of the City; City property; user information, including, without limitation, any information pertaining to usage of the City's computer system, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of, this Agreement. City Confidential Information shall not include information that can be demonstrated: (1) to have been rightfully in the possession of the Consultant from a source other than the City prior to the time of disclosure of such information to the Consultant pursuant to this Agreement (“Time of Disclosure”); (2) to have been in the public domain prior to the Time of Disclosure; (3) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on the part of the Consultant or the City; or (4) to have been supplied to the Consultant after the Time of Disclosure without restriction by a third party who is under no obligation to the City to maintain such information in confidence. B. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the Services for the City under this Agreement, have access, or be directly or indirectly exposed, to Confidential Information. The Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without the express prior written consent of the City. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non- disclosure agreement before obtaining access to Confidential Information. SECTION 6. STANDARD OF SERVICES AND INDEMNIFICATION. Exhibit A Page 7 of 28 A. Representation and Certification of Services. The Consultant represents and certifies that the Services shall be performed in accordance with the standards of professional practice, care, and diligence practiced by recognized consulting firms in performing services of a similar nature in existence at the Time of Performance. The representations and certifications expressed shall be in addition to any other representations and certifications expressed in this Agreement, or expressed or implied by law, which are hereby reserved unto the City. B. Indemnification. The Consultant shall, and does hereby agree to, indemnify, save harmless, and defend the City against all damages, liability, claims, losses, and expenses (including attorneys' fees) that may arise, or be alleged to have arisen, out of or in connection with the Consultant’s performance of, or failure to perform, the Services or any part thereof, or any failure to meet the representations and certifications set forth in Section 6.A of this Agreement. C. Insurance. The Consultant shall provide, at its sole cost and expense, liability insurance in the aggregate amount of $1,000,000, which insurance shall include, without limitation, protection for all activities associated with the Services. The insurance shall be for a minimum of $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The Consultant shall cause the City to be named as an additional insured on the insurance policy described in this Section 6.C. Not later than 10 days after the Commencement Date, the Consultant shall provide the City with either: (a) a copy of the entire insurance policy; or (b) a Certificate of Insurance along with a letter from the broker issuing the insurance policy to the effect that the Certificate accurately reflects the contents of the insurance policy. The insurance coverages and limits set forth in this Section 6.C shall be deemed to be minimum coverages and limits, and shall not be construed in any way as a limitation on the Consultant’s duty to carry adequate insurance or on the Consultant’s liability for losses or damages under this Agreement. D. No Personal Liability. No elected or appointed official or employee of the City shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this Agreement. SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS. A. Relationship of the Parties. The Consultant shall act as an independent contractor in providing and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be construed: (1) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the City and Consultant; or (2) to create any relationship between the City and any subcontractor of the Consultant. B. Conflict of Interest. The Consultant represents and certifies that, to the best of its knowledge: (1) no elected or appointed City official, employee or agent has a personal financial interest in the business of the Consultant or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither Consultant nor any person employed or associated with Exhibit A Page 8 of 28 Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Consultant nor any person employed by or associated with Consultant shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. C. No Collusion. The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue, unless the Consultant is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1- 1 et seq.; or (2) 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. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the Consultant has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to the City for all loss or damage that the City may suffer, and this Agreement shall, at the City’s option, be null and void. D. Termination. Notwithstanding any other provision hereof, the City may terminate this Agreement at any time upon 15 days written notice to the Consultant. In the event that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of the Services completed, which shall be determined on the basis of the rates set forth in the Proposal. E. Compliance With Laws and Grants. 1. Compliance with Laws. The Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the Services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the Services, and with all applicable statutes, ordinances, rules, and regulations, including, without limitation: any 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; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. The Consultant shall also comply with all conditions of any federal, state, or local grant received by the City or the Consultant with respect to this Agreement or the Services. Further, the Consultant shall have a written sexual harassment policy in compliance with Section 2-105 of the Illinois Human Rights Act. Exhibit A Page 9 of 28 2. Liability for Noncompliance. The Consultant shall be 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 the Consultant's, or any of its subcontractors, performance of, or failure to perform, the Services or any part thereof. 3. Required Provisions. Every provision of law required by law to be inserted into this Agreement shall be deemed to be inserted herein. F. Default. If it should appear at any time that the Consultant has failed or refused to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that assures completion of the Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other requirement of this Agreement (“Event of Default”), and fails to cure any such Event of Default within ten business days after the Consultant’s receipt of written notice of such Event of Default from the City, then the City shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Cure by Consultant. The City may require the Consultant, within a reasonable time, to complete or correct all or any part of the Services that are the subject of the Event of Default; and to take any or all other action necessary to bring the Consultant and the Services into compliance with this Agreement. 2. Termination of Agreement by City. The City may terminate this Agreement without liability for further payment of amounts due or to become due under this Agreement after the effective date of termination. 3. Withholding of Payment by City. The City may withhold from any payment, whether or not previously approved, or may recover from the Consultant, any and all costs, including attorneys’ fees and administrative expenses, incurred by the City as the result of any Event of Default by the Consultant or as a result of actions taken by the City in response to any Event of Default by the Consultant. G. No Additional Obligation. The Parties acknowledge and agree that the City is under no obligation under this Agreement or otherwise to negotiate or enter into any other or additional contracts or agreements with the Consultant or with any vendor solicited or recommended by the Consultant. H. City Council Authority. Notwithstanding any provision of this Agreement, any negotiations or agreements with, or representations by the Consultant to, vendors shall be subject to the approval of the City Council. For purposes of this Section 7.H, "vendors" shall mean entities engaged in subcontracts for the provision of additional services directly to the City. The City shall not be liable to any vendor or third party for any agreements made by the Consultant without the knowledge and approval of the City Council. Exhibit A Page 10 of 28 I. Mutual Cooperation. The City agrees to cooperate with the Consultant in the performance of the Services, including meeting with the Consultant and providing the Consultant with such non-confidential information that the City may have that may be relevant and helpful to the Consultant’s performance of the Services. The Consultant agrees to cooperate with the City in the performance and completion of the Services and with any other consultants engaged by the City. J. News Releases. The Consultant shall not issue any news releases, advertisements, or other public statements regarding the Services without the prior written consent of the City Manager. K. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received from the City by the Consultant in connection with any or all of the Services to be performed under this Agreement (“Documents”) shall be and remain the exclusive property of the City. At the City’s request, or upon termination of this Agreement, the Consultant shall cause the Documents to be promptly delivered to the City. L. GIS Data. The City has developed digital map information through Geographic Information Systems Technology (“GIS Data”) concerning the real property located within the City. If requested to do so by the Consultant, the City agrees to supply the Consultant with a digital copy of the GIS Data, subject to the following conditions: 1. Limited Access to GIS Data. The GIS Data provided by the City shall be limited to the scope of the Services that the Consultant is to provide for the City; 2. Purpose of GIS Data. The Consultant shall limit its use of the GIS Data to its intended purpose of furtherance of the Services; and 3. Agreement with Respect to GIS Data. The Consultant does hereby acknowledge and agree that: a. Trade Secrets of the City. The GIS Data constitutes proprietary materials and trade secrets of the City, and shall remain the property of the City; b. Consent of City Required. The Consultant will not provide or make available the GIS Data in any form to anyone without the prior written consent of the City Manager; c. Supply to City. At the request of the City, the Consultant shall supply the City with any and all information that may have been developed by the Consultant based on the GIS Data; d. No Guarantee of Accuracy. The City makes no guarantee as to the accuracy, completeness, or suitability of the GIS Data in regard to the Consultant’s intended use thereof; and Exhibit A Page 11 of 28 e. Discontinuation of Use. At such time as the Services have been completed to the satisfaction of the City, the Consultant shall cease its use of the GIS Data for any purpose whatsoever, and remove the GIS Data from all of the Consultant's databases, files, and records; and, upon request, an authorized representative of the City shall be afforded sufficient access to the Consultant’s premises and data processing equipment to verify compliance by the Consultant with this Section 7.L.3.e. SECTION 8. GENERAL PROVISIONS. A. Amendment. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved and executed by the City and the Consultant in accordance with all applicable statutory procedures. B. Assignment. This Agreement may not be assigned by the City or by the Consultant without the prior written consent of the other party. C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the City, the Consultant, and their agents, successors, and assigns. D. Notice. All notices required or permitted to be given under this Agreement shall be in writing and shall be delivered (1) personally, (2) by a reputable overnight courier, or by (3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of: (a) actual receipt; (b) one business day after deposit with an overnight courier, as evidenced by a receipt of deposit; or (c) four business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section 8.D, each party shall have the right to change the address or the addressee, or both, for all future notices and communications to the other party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the City shall be addressed to, and delivered at, the following address: City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 Attention: City Manager With a copy to: Holland & Knight LLP 150 N. Riverside Plaza, Suite 2700 Chicago, Illinois 60606 Attention: Peter M. Friedman Exhibit A Page 12 of 28 Notices and communications to the Consultant shall be addressed to, and delivered at, the following address: ________________________ ________________________ ________________________ ________________________ With a copy to: ________________________ ________________________ ________________________ ________________________ E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the City. F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. G. Time. Time is of the essence in the performance of all terms and provisions of this Agreement. H. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or federal holiday. I. Governing Laws. This Agreement shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. J. Authority to Execute. 1. The City. The City hereby warrants and represents to the Consultant that the persons executing this Agreement on its behalf have been properly authorized to do so by its corporate authorities. 2. The Consultant. The Consultant hereby warrants and represents to the City that the persons executing this Agreement on its behalf have the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement and that all legal actions needed to authorize the execution, delivery, and performance of this Agreement have been taken. Exhibit A Page 13 of 28 K. Entire Agreement. This Agreement constitutes the entire agreement between the parties to this Agreement and supersedes all prior agreements and negotiations between the parties, whether written or oral, relating to the subject matter of this Agreement. L. Waiver. Neither the City nor the Consultant shall be under any obligation to exercise any of the rights granted to them in this Agreement except as it shall determine to be in its best interest from time to time. The failure of the City or the Consultant to exercise at any time any such rights shall not be deemed or construed as a waiver of that right, nor shall the failure void or affect the City's or the Consultant's right to enforce such rights or any other rights. M. Consents. Unless otherwise provided in this Agreement, whenever the consent, permission, authorization, approval, acknowledgement, or similar indication of assent of any party to this Agreement, or of any duly authorized officer, employee, agent, or representative of any party to this Agreement, is required in this Agreement, the consent, permission, authorization, approval, acknowledgement, or similar indication of assent shall be in writing. N. Grammatical Usage and Construction. In construing this Agreement, pronouns include all genders and the plural includes the singular and vice versa. O. Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. P. Headings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. Q. Exhibits. Exhibits A through ___ attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an Exhibit and the text of this Agreement, the text of this Agreement shall control. R. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. S. Counterpart Execution. This Agreement 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. IN WITNESS WHEREOF, the Parties have executed this Agreement this ______ day of ________________, 20__. Exhibit A Page 14 of 28 ATTEST: CITY OF DES PLAINES By: By: City Clerk City Manager ATTEST: CONSULTANT By: By: Title: Its: Exhibit A Page 15 of 28 November 12, 2019 Alex Franco Building Official, Building Division Community & Economic Development City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Thank you for the opportunity to present a proposal to the City of Des Plaines. With over 30 years of experience, we are pleased to provide a Plan Review and Inspections proposal. If you have any questions please give Seth Sommer a call at 847-428-7010. Sincerely, Seth Sommer Director of Quality Control & Staff Development Exhibit B Page 16 of 28 PROFESSIONAL SERVICE AGREEMENT Construction and Zoning Plan Review, Inspection Services, and Code Enforcement A. Introduction B & F Construction Code Services, Inc. is submitting a proposal to provide consulting services to the City of Des Plaines. These consulting services consist of building plan review, building inspections, property maintenance inspections, department administration, building official duties, assistance with zoning and planning, and other services as needed. This proposal covers the following: residential, mixed use and commercial projects. B. Qualifications B & F Construction Code Services, Inc. provides building and fire protection plan review, inspections and training services for municipal building departments. All inspection and plan review personnel are certified and/or licensed to provide the services as described. We currently perform complete building department operations for the Villages of Winfield, Burlington, Barrington Hills, Hampshire, and Lake Barrington. We have assisted with complete building department operations in the Villages of Gilberts, Kingston and Hampshire. We currently provide complete inspection and plan review services to West Chicago, Genoa, Long Grove, Mettawa, Manhattan, Inverness, Elwood, Deer Park, and Westchester. Plan review services and inspections are also performed for the DuPage County Airport and for the commercial and industrial projects in the Village of Burr Ridge. These same services are performed for specific projects in Brookfield, Elmwood Park, and River Forest. There are other municipalities where we provide fill-in inspections when municipalities are in need of inspectors because of a large short-term workload or because they are down staff members due to vacations or extended leaves of absence. These municipalities include the City of Wheaton and Villages of Wheeling and Romeoville. B & F Construction Code Services, Inc. performs plan review services for numerous other communities in Illinois and other states such as Michigan, New Jersey and Pennsylvania. All B & F Construction Code Services, Inc. staff members are certified or licensed to perform plan review and inspections. See attached staff qualifications and references. C. Schedule All first reviews are performed in nine (9) business days from date they are received in our office and the second and all subsequent reviews are performed within five (5) business days. There are no additional fees for any re-reviews. Miscellaneous and simple projects can be reviewed in one (one) to two (2) business days. All inspections are performed with less than twenty-four (24) hours notice. All inspection requests received by 4:00 PM will be performed the next business day. There is no limit to the number of plan reviews and inspections we can perform. Exhibit B Page 17 of 28 B & F Construction Code Services, Inc., has over forty (40) full-time inspection and plan review staff with an administrative staff of over ten (10). These numbers do not include Human Resources, upper level administrative staff or the staff members used in the Building and Fire Code Academy. The Academy is a subsidiary of B & F Construction Code Services, Inc. and provides code training that is offered to the industry. D. Building and Zoning Department Services B & F Construction Code Services, INC. can perform building plan reviews, new construction inspections, zoning review and inspection as well as code enforcement duties. This work includes, but is not limited to, the following: Residential plan reviews, Commercial plan reviews, Building inspections of new structures, Building inspections of structures undergoing remodeling or renovation, Property maintenance and nuisance inspections, Accessory structure inspections such as fences, sheds, etc. Single Family E. Plan Reviews Single Family Homes first reviews will be performed within nine (9) business days and second reviews within five (5) business days. Fee listed in this section are per project. F. Plan Review Fees Single Family Homes (New) - See fee schedule (includes building, plumbing, mechanical, energy and electrical). Single Family Home Additions & Major Alterations - See fee schedule (includes building, plumbing, mechanical, energy and electrical) Zoning - See fee schedule G. Inspections Performed - Single Family Homes 1. FOOTING FORMS When the forms are set and before the concrete is poured. 2. FOUNDATION FORMS When the forms are set and before the concrete is poured. 3. BACKFILL When the concrete is poured, waterproofed, drain tile is in place and covered with gravel but before the foundation is backfilled. 4. PLUMBING UNDERGROUND When piping is located between the floors or underground but before the covering is in place. Flushing of the underground shall be witnessed. Exhibit B Page 18 of 28 5. FRAMING OR STRUCTURAL Before any drywall, plaster or interior finish is applied. Rough-in of the electrical, plumbing, ductwork must be in place before the framing inspection. 6. HVAC ROUGH When piping and ductwork is installed. 7. ELECTRICAL ROUGH IN When rough-in work is complete and before drywall, concrete or backfill is in place. 8. PLUMBING ROUGH IN When rough-in work is complete. 9. INSULATION When insulation is installed prior to drywall. 10. CONCRETE FLOOR BASEMENT When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. 11. CONCRETE FLOOR GARAGE When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. 12. ELECTRIC SERVICE When meter socket and main panel are installed. 13. FINAL PLUMBING When final work is complete and before the system is operational. 14. FINAL HVAC When all HVAC components are complete. 15. FINAL ELECTRIC When all electrical components are complete. 16. FINAL BUILDING When all Building components are complete. Additional inspections for driveways, sidewalks, service walks, patios or decks can be performed for an additional fee-see fee schedule. Exhibit B Page 19 of 28 H. Inspection Fees - Single Family Homes Single Family Homes (New) – See fee schedule (includes building, plumbing, mechanical, energy and electrical). Single Family Home Additions & Major Alterations - See fee schedule (includes building, plumbing, mechanical, energy and electrical) Re-inspection fees are invoiced at the rate shown on fee schedule. Each discipline is considered a separate inspection. If hourly billing is preferred, rate shall be Eighty Dollars ($80.00) per hour plus travel time one way. After-hours/Emergency inspections will be 1.5 times the normal rate including travel both ways, 2- hour min. Zoning – See fee schedule Plan reviews and inspections for small projects can be invoiced on a per discipline, per inspection basis. See the Section N below for these services. Commercial, Industrial, Multi-Family I. Plan Reviews Commercial, Industrial, & Multi-Family first reviews will be performed within nine (9) business days and second reviews within five (5) business days. J. Plan Review Fees – Commercial, Industrial, Multi-Family Plan review fees invoiced as shown in the fee schedule include: Building, Mechanical, Plumbing, Electric plus any additional reviews such as Energy. This does not include engineering, storm water or special use. These fees include unlimited reviews and there is never a charge for re-reviews. Specialized Commercial and Industrial or processes: One Hundred and Fifty Dollars ($150.00) per hour. K. Inspections Performed – Commercial, Industrial, Multi-Family 1. FOOTING FORMS When the forms are set and before the concrete is poured. 2. FOUNDATION FORMS When the forms are set and before the concrete is poured. 3. FOUNDATION BACKFILL When the concrete is poured, waterproofed, drain tile is in place and covered with gravel but before the foundation is backfilled. Exhibit B Page 20 of 28 4. FRAMING OR STRUCTURAL Before any drywall, plaster or interior finish is applied. Rough in of electrical, plumbing, ductwork must be in place before the inspection. 5. HVAC ROUGH When piping and ductwork is installed. 6. ELECTRICAL ROUGH IN When rough in work is complete and before the drywall, concrete or backfill is in place. 7. PLUMBING ROUGH IN When rough work is complete. 8. ENERGY CONSERVATION Inspect for energy conservation as each area is completed. 9. ELECTRIC SERVICE When meter socket and main panel are installed. 10. DRYWALL When drywall is installed prior to the taping. 11. CONCRETE FLOORS When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection. 12. FINAL PLUMBING When final work is complete and before the system is operational. 13. FINAL HVAC When all HVAC components are complete. 14. FINAL ELECTRIC When all electrical components are complete. 15. STRUCTURAL FINAL When all the work is completed. 16. OCCUPANCY When all the work is complete and before occupancy. 17. Fire protection system reviews and inspections can be provided if requested. Exhibit B Page 21 of 28 L. Inspection Fees – Commercial, Industrial, Multi-Family See fee schedule. If hourly billing is preferred, rate shall be Eighty Dollars ($80.00) per hour plus travel time one way. After-hours/Emergency inspections will be 1.5 times the normal rate including travel both ways, 2-hour min. M. Property Maintenance Inspections These types of inspections include Code Enforcement, Property Maintenance, Rental and Sale Inspections, etc. The fee for property maintenance inspections is indicated on the fee schedule. See fee schedule for court time. N. Other Services Miscellaneous Plan Reviews & Inspections: These shall include sheds, driveways, fences, sidewalks, pools, re-roofing, and minor plumbing, HVAC and electrical installations. See fee schedule for pricing. Cross Connection Program: Annual Cross Connection Surveys and Cross Connection Device testing can be provided. Ordinance development: Assistance with the rewriting of existing ordinances or the development of new ordinances can be provided. This can include building codes, zoning, fees, property maintenance or any area where a building, zoning or planning department is involved. Any ordinance related to fees or services in our contract would be prepared at no charge. This can include agreements for building inspections, property maintenance inspections, zoning and planning and ordinances for building safety, zoning and fees. Building code updates will be priced based on complexity. Other ordinances at the rate of One Hundred Fifty Dollars ($150.00) per hour. O. Inspections Performed B & F Construction Code Services, Inc. will provide a Certified Illinois Licensed Plumbing Inspector to perform plumbing inspections within the jurisdictional limits of the City of Des Plaines, Illinois. This shall include Undergrounds, Roughs, Finals, Water and Sewer Services, etc. Other inspectors shall be certified/qualified in the disciplines they are inspecting. The inspectors shall have proper inspection equipment to conduct inspections as required. Equipment shall include a clipboard, flashlight, tape measure, thermometer and other equipment as determined to provide a quality inspection. Inspectors shall also have appropriate Person Protection Equipment (PPE). The inspector shall wear a B & F Construction Code Services, Inc. issued uniform. Each inspector shall utilize B & F Inspection forms or forms acceptable to the City of Des Plaines. The inspector shall utilize a B & F Construction Code Services, Inc. company vehicle to conduct inspections. Inspection reports shall be dropped off in person or emailed within one (1) business day, typically same day inspections are performed. The City of Des Plaines will be provided with dedicated mobile phone numbers in order to reach inspectors during each business day. Emergency call-out procedures will be determined upon awarded contract. Exhibit B Page 22 of 28 P. Zoning and Planning A staff member experienced in zoning and planning can be provided to assist with the zoning & planning needs of the Village. Zoning and Planning Fees: See fee schedule for pricing. This does not include engineering, storm water or special use. Q. Transmittal Method All plan reviews will be faxed or e-mailed to the municipal office. A copy of the plan review can also be forwarded to one project contact from the developer or architect. R. Start Date Full services including all plan reviews and inspections can start immediately. S. Point of Contact Seth Sommer, Director of Quality Control and Staff Development Telephone: (847) 428-7010 E-Mail: ssommer@bfccs.org T. Additional Information B & F Construction Code Services, INC. provides the most comprehensive services to the construction industry. Our one fee approach coupled with quick turnaround time is what sets us apart and gives you as a municipality the best value. All first plan reviews are completed within nine (9) business days with re-reviews completed in five (5) business days. The reviews automatically include accessibility review as well as the application of any local code amendments. When a municipality is using B & F Construction Code Services, INC. for their plan review or inspection services, we offer a reduced rate for assistance with general code consulting and ordinance preparation. Our highly trained and experienced staff are certified or licensed in their respective disciplines. We are professional grade and provide the highest level of customer service. Our staff wear identifiable company uniforms that are worn neatly and drive white company vehicles outfitted with our company logo and phone number. All of the employees of B & F Construction Code Services, INC. are covered by worker’s compensation, general liability, automobile and professional liability insurance. This provides added protection because the municipality can be named as an additional insured at no additional charge. If a consultant does not have proper insurance, liability could extend to the municipality. Exhibit B Page 23 of 28 U. Agreement Terms Notwithstanding any other provision contained hereof, either party may terminate this agreement at any time upon providing thirty (30) day written notice to the appropriate party. Upon termination of this agreement, all services actually performed by B & F Code Construction Services, INC. shall be paid in accordance with this agreement as stipulated herein. V. Proposal Acceptance 1. All Building, Plumbing, Mechanical, Energy and Electrical Plan Review Services are performed in- house. All inspections contracted for shall be performed by employees of B & F Construction Code Services, Inc. 2. All B & F Construction Code Services, Inc. employees are covered by Workers Compensation Insurance. 3. B & F Construction Code Services, Inc. carries general liability insurance. The City of Des Plaines may request to be named as additional insured. 4. B & F Construction Code Services, Inc. has in force professional liability insurance. The City of Des Plaines may request to be named as additional insured. 5. A certificate of insurance for each policy can be provided upon acceptance of this proposal and annually when the policy is renewed. 6. City of Des Plaines agrees not to hire an employee of B & F Construction Code Services, Inc., for a period of one (1) year after the employee is no longer employed by B & F Construction Code Services, Inc. City of Des Plaines Accepted By Please Print Title Date B & F Construction Code Services, Inc. Accepted By Please Print Title Date Exhibit B Page 24 of 28 Description Plan Review Inspection Sub-Total New Structure Up to 3,200 square feet $635.00 $635.00 $1,270.00 New Structure Over 3,2000 square feet $0.198 per sq. ft.$0.198 per sq. ft.Varies Additions / major alterations $0.198 per sq. ft. - $200.00 min. $45.00 per insp. per discipline Varies Master plans or models $150.00 -- Deviation from master plan $149.00 Priority Express Review (3 days)2.5 x base fee -- Temporary CO $100.00 $45.00 per insp. per discipline - Zoning per lot $75.00 $75.00 $150.00 Decks $50.00 $45.00 per inspection $140.00 Detached Garage $50.00 $45.00 per insp. per discipline $230.00 In-Ground Swimming Pool $450.00 $45.00 per insp. per discipline Varies Above Ground Swimming Pool w/ Electric $150.00 $45.00 per insp. per discipline $240.00 Miscellaneous Projects- Above ground pools, sheds, fences, minor alterations, driveways, sidewalks, re-roofing, minor plumbing installations, etc. $25.00 per discipline $35.00 per inspection per discipline Varies Solar Panel Systems $225.00 $45.00 per insp. per discipline $315.00 Moving of existing structure $750.00 $45.00 per insp. per discipline Varies Demolition $100/dwelling, $50/accessory structure $45.00 per inspection Re-inspection -$55.00 per insp.n per discipline Administrative fee (Permit Technician)$80.00 per hour -- Building (includes accessibility) $0.14 per square foot Varies Up to 60,000 Cubic feet $347.75 -Varies 60,001 to 80,000 Cubic ft.$428.00 -Varies 80,000 to 100,000 Cubic ft.$547.70 -Varies 100,000 to 150,000 Cubic ft.$625.95 -Varies 150,001 to 200,000 Cubic ft.$711.55 -Varies Over 200,000 cubic ft.$838.00 = +$8.00 per 10,000 cubic ft.-Varies City of Des Plaines – Fee schedule One and Two family Dwellings and Townhouses (per unit) Square footage includes all stories, basement and attached garage Commercial, Industrial, Multiple Family Exhibit C Page 25 of 28 Description Plan Review Inspection Sub-Total Mechanical 25% of the building fee $0.04 per sq. ft.Varies Electric 50% of the building fee $0.04 per sq. ft.Varies Plumbing 25 % of the Building fee $0.04 per sq. ft.Varies Energy 50% of Building Fee $0.02 per sq. ft.Varies Fire Code 50% of Building Fee Inc. in building Varies NFPA 101 Review 25% of Bldg. (min $300)Inc. in building Varies HPM, High hazard, Processing piping 1.5 x base fee -- Footing and foundation, early start 25% of bldg. (min $300)-- Re-inspection - $100.00 per inspection per discipline Tenant finish not with base building 25% of shell See above - Priority Express Review (3 days)2.5 x base fee - Elevator $300.00 per bank -- Zoning $120.00 per 10,000 square feet $80.00 per inspection - Moving of existing structure $750.00 $80.00 per inspection Varies Demolition $250/main structure, $100 accessory structure $80.00 per inspection Varies Miscellaneous Projects- sheds, fences, driveways, sidewalks, re-roofing, minor plumbing, electrical, mechanical installations $50.00 per discipline $80.00 per inspection per discipline Varies Temporary CO $200.00 -- Property Maintenance, rental inspections, real- estate transfers, annual inspections, etc.-$70.00 per hour - Administrative time (Permit Technician)$80.00 per hour -- Court/Hearing (prep, travel, documentation, etc.)$150.00 per hour -- Building Official $150.00 per hour -- Other Services Exhibit C Page 26 of 28 Description Plan Review Inspection Sub-Total New Wall Signs $100.00 $80.00 per inspection per discipline Sign Face Change $50.00 New Ground-Based Signs $300.00 $80.00 per inspection per discipline Temporary Signs $25.00 Up to 100 Heads $425.00 101-200 Heads $550.00 201-300 Heads $650.00 301-500 Heads $750.00 Over 500 Heads $850.00 +$1/hd Modifications (40 or fewer heads)$175.00 Single Family (NFPA 13D)$225.00 Underground Rough (Piping)$250.00 Underground Hydrostatic $250.00 Underground Flush $250.00 Any two underground inspections at the same time $400.00 All three underground inspections at the same time $500.00 Sprinkler Modification Rough (20 or fewer heads) $200.00 Hydrostatic Test per riser per floor $300.00 Fire Pump Test $200.00 Final Sprinkler Inspection/Test $250.00 Single Family (Includes rough & final)$250.00 Single Family Re-Inspection $100.00 Fire Alarm $0.015 per square foot – $200.00 min. fee Fire Alarm Modifications under 5,000 s.f.$175.00 1-20 devices $200.00 21-49 devices $425.00 50-99 devices $625.00 100 and over $625.00+4/dev. Rough Inspection $200.00 Re-inspections same as above Specialty Fire Protection Fire Sprinkler Systems Fire Sprinkler Inspections Fire Alarm Systems Fire Alarm Inspections Exhibit C Page 27 of 28 Description Plan Review Inspection Sub-Total Spray Booth $350.00 Dry Chemical $350.00 Fire Hydrant or Standpipe System $300.00 min., $20 per valve over 20 Clean Agent/CO2 $150.00 up to 105 lbs., $1 ea. Lb over Type 1 Hood w/o Fire Suppression (Per Hood)$250.00 $300.00 $550.00 Type 1 Hood w Fire Suppression (Per Hood)$400.00 $300.00 $700.00 Type II Hood (Per Hood)$200.00 $200.00 $400.00 Hood Suppression (per system)$250.00 $150.00 $400.00 Reinspections $100.00 Regular residential and commercial inspections may also be done hourly at a rate of $80.00 per hour. Additional Items Other Systems Exhibit C Page 28 of 28 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: November 25, 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: Class 6b Resolution Amendment Request – 76 Bradrock Drive (5th Ward) Issue: The new owner of 76 Bradrock Drive, VK Acquisition IV, LLC, has requested an amendment to R- 138-19, an existing City resolution supporting and consenting to a Cook County Class 6b Tax Incentive Application based on an additional PIN not in the original resolution. Analysis: On August 5, 2019, City Council unanimously adopted Resolution R-138-19 consenting and supporting a Cook County Class 6b for the property at 76 Bradrock Drive. However, upon receiving the signed resolution, it was discovered that there is a PIN associated with a 465 square foot parcel that is directly associated with the property, but was not included in the original application. This PIN (09-30-100-049) encompasses a corridor that connects the subject building to 31 E. Oakton Street. The building formerly housed NTN, Bearing Corporation of America. As a reminder, the applicant proposes to invest $1,104,500 to the current building which will include the following upgrades: -Completely rehabilitating the interior office space; -Replacing a portion of heating, ventilation and air condition units; -Repairing the surface parking lot; -Enhancing the street-facing elevation with new materials that will meet code; and -Replacing the overhead doors. Recommendation: I recommend that the City Council adopt Resolution R-206-19 to replace R-138-19 which supports and consents to the filing of the Class 6b application for VK Acquisition IV, LLC, to the Cook County Assessor’s Office which includes both PINs. Attachments: Attachment 1: Resolution R-138-19 Attachment 2: Letter Requesting to Update the Adopted Resolution with the Plat of Survey Attachment 3: Location Map Resolution R-206-19 Exhibit A: Legal Description Page 1 of 12 CONSENT AGENDA #3. Attachment 1 Page 2 of 12 Attachment 1 Page 3 of 12 Attachment 1 Page 4 of 12 Attachment 1 Page 5 of 12 A t t a c h m e n t 2 P a g e 6 o f 1 2 Attachment 2 P a g e 7 o f 1 2 Location Map 76 Bradrock Drive Map created on July 14, 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 Attachment 3 Page 8 of 12 CITY OF DES PLAINES RESOLUTION R - 206 - 19 AN AMENDED AND RESTATED RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 76 BRADROCK DRIVE.___________________ WHEREAS, VK Acquisition IV, LLC ("Applicant") is the owner of that certain property commonly known as 76 Bradrock 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 consists of an approximately 3.83-acre site improved with an approximately 100,000-square-foot industrial facility; and WHEREAS, the Applicant intends to make improvements to the Subject Property ("Proposed Improvements") and plans to lease the new facility to an industrial user (“Proposed Use”); and WHEREAS, the Applicant estimates that the Proposed Improvements will cost approximately $1,104,500 and will constitute substantial rehabilitation of 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 “substantial rehabilitation” and reutilization of “abandoned property with special circumstances”; 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 WHEREAS, on August 5, 2019, the City Council of the City of Des Plaines approved Resolution No. R-139-19 supporting and consenting to the approval of a Class 6b classification for the Subject Property; and Page 9 of 12 WHEREAS, subsequent to the approval of Resolution No. R-139-19, it was discovered that there is an additional property index number (PIN) associated with the Subject Property that was not included in the original application and Resolution No. R-139-19; and WHEREAS, the City Council hereby finds that it is in the best interest of the City and the public to restate and amend Resolution No. R-139-19 in its entirety, and to reaffirm 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: AMENDMENT AND RESTATEMENT. This Resolution is intended to replace and amend Resolution No. R-139-19 in its entirety. Upon this effective date of this Resolution, Resolution No. R-139-19 shall be of no further force and effect. SECTION 3: 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 4: 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 5: 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 August 5, 2021; and B. The Applicant has evidenced a commitment to construct the Proposed Improvements in the amount of no less than $1,104,500. The Applicant agrees and acknowledges that if either of the conditions set forth in this Section 4 have not been satisfied by August 5, 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 Page 10 of 12 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 6: 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 Cook County Assessor. SECTION 7: 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 76 Bradrock Dr Additional PIN Page 11 of 12 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PIN: 09-30-100-049-0000, 09-30-100-050-0000 LOT 12 (EXCEPT THE NORTH 12.5 FEET OF THE WEST 41.79 FEET) AND LOT 13 (EXCEPT THAT PART EAST OF A LINE BEING 130.95 FEET ON THE NORTH LINE AND 150 FEET ON THE SOUTH LINE) OF ANDERSON - MILLER DES PLAINES INDUSTRIAL PARK UNIT 3, A RESUBDIVISION OF LOTS 3, 4, AND PART OF LOTS 2, 5, AND 6 IN GREWE’S SUBDIVISION OF THAT PART OF THE NORTHWEST FRACTIONAL ¼ AND THE WEST ½ OF THE WEST ½ OF THE NORTHEAST ¼, TOGETHER WITH PART OF LOTS 1 AND 6 OF GEORGE H. GEILS’ SUBDIVISION OF THAT PART OF THE SOUTH ½ OF THE NORTH ½ AND OF THE SOUTH 14.70 FEET OF THE NORTH ½ OF THE NORTH ½ OF SECTION 30, LYING WEST OF THE RIGHT OF WAY OF THE DES PLAINES VALLEY RAILWAY IN SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as 76 Bradrock Drive, Des Plaines, Illinois 60018 Exhibit A Page 12 of 12 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: December 4, 2019 To: Mayor Bogusz and Aldermen of the City Council From: Michael G. Bartholomew, City Manager Subject: Advocacy Services Agreement with Advantage Government Strategies, LLC Issue: The City has identified the need to procure additional professional advocacy services to advance the City’s interests on matters important to the City. Analysis: The City desires to retain a consultant to perform advocacy services to promote and represent the City’s interests to the Illinois General Assembly, Office of the Illinois Governor, and other State of Illinois departments. Recommendation: I recommend that the City retain the services of Advantage Government Strategies, LLC, for the period of January 1, 2020 through December 31, 2020 at a cost not-to-exceed $60,000. Attachments: Resolution R-208-19 Exhibit A - Agreement Page 1 of 7 CONSENT AGENDA #4. 1 CITY OF DES PLAINES RESOLUTION R - 208 - 19 A RESOLUTION APPROVING AN AGREEMENT WITH ADVANTAGE GOVERNMENT STRATEGIES, LLC FOR INTERGOVERNMENTAL AND LEGISLATIVE ADVOCACY SERVICES. ________________________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds for the procurement of advocacy services to promote and represent the City’s interests to the Illinois General Assembly, office of the Illinois Governor, and other State of Illinois departments and agencies ("Services") during the 2020 fiscal year; and WHEREAS, in accordance with Chapter 10 of Title 1 of the City of Des Plaines City Code and the City’s purchasing policy, the City 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 desires to enter into an agreement commencing January 1, 2020 and ending December 31, 2020 with Advantage Government Strategies, LLC (“Consultant”) for the Services in the amount of $5,000 per month and in the total not-to-exceed amount of $60,000 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: 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 to execute, on behalf of the City, the final Agreement. Page 2 of 7 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 Advantage Government Strategies, LLC for Lobbying Services thru 12-31-20 Page 3 of 7 Consulting Service Agreement THIS AGREEMENT (“Agreement”) is made as of January 1, 2020 (the “Effective Date”) by and between Advantage Government Strategies, LLC (hereinafter referred to as “AGS”) with offices at 134 N LaSalle St, Ste 2010, Chicago, IL 60602 and the City of Des Plaines (hereinafter referred to as “DES PLAINES”) with offices at 1420 Miner Street, Des Plaines, IL 60016. For purposes of this Agreement, AGS and DES PLAINES may also be referred to individually as a “Party” or collectively as the “Parties.” RECITALS WHEREAS, DES PLAINES wishes to retain AGS to perform certain consulting services subject to the terms and condition of this Agreement; and; WHEREAS, AGS has represented to DES PLAINES that it is capable and is willing to undertake the performance of consulting services for DES PLAINES in the State of Illinois; NOW, THEREFORE, in consideration of the payments to be made to AGS as provided herein, and in consideration of the mutual agreements and covenants contained herein, DES PLAINES and AGS agree as follows: 1.Term The term of this Agreement shall commence on the Effective Date and shall remain in effect until 12/31/2020 (the “Term”). Expiration of the Term shall not terminate any continuing obligations of the Parties, including but not limited to, those obligations set forth in Sections 5, 6, and 7, and shall in no way be deemed to be construed as a restriction, limitation or waiver of either Party’s rights to pursue any additional available remedy at law or equity. The term of this Agreement shall cease upon cancellation by either Party with 30 days’ written notice. 2.Consulting Services DES PLAINES hereby retains AGS and AGS hereby undertakes to exercise its best efforts to promote the business, products, reputation and interest of DES PLAINES Page 4 of 7Exhibit A 2 through the performance of consulting services (“Services”). AGS partner Lou Lang will be the primary consultant representing DES PLAINES. Services will be provided directly by AGS, or where appropriate, by individuals or entities retained by AGS that AGS believes will help to accomplish the Services outlined in this Paragraph. DES PLAINES shall not be responsible for any fees owed to outside individuals or entities unless pre-approved by DES PLAINES. Furthermore, AGS represents that any individual or entity retained by AGS will be bound to the same obligations of AGS under this Agreement, including the obligation of confidentiality. 3.Compensation and Expenses For and in consideration of AGS’s performance of Services in accordance with the terms and conditions of this Agreement, DES PLAINES shall pay AGS a monthly retainer of $5000.00. If AGS determines that there is a need to incur additional costs and expenses in the performances of services hereunder, then in that event, DES PLAINES shall reimburse AGS for the same, provided the nature, amount and circumstances thereof are fully disclosed to and approved by an authorized representative of DES PLAINES prior to the time such additional costs or expenses are incurred. AGS will provide a detailed accounting of all such additional costs and expenses. 4.Payment Terms/Late Payment Payment for the above Services shall be due by DES PLAINES to AGS within 30 days of receipt of invoice. If DES PLAINES fails to pay AGS any owed Service fees within 60 days of receipt of invoice, late charges of 18% (Eighteen Percent) per annum shall apply on any outstanding balance. In the event that AGS initiates collection efforts as a result of nonpayment, DES PLAINES shall be responsible for reasonable costs of collection including, but not limited to, reasonable attorney’s fees, court costs and collection agency fees. 5.Compliance with State and Federal Laws Both parties recognize and agree to comply fully with all applicable federal, state, and local laws regulating corporate political, lobbying, and marketing activities, and each agrees to fully comply with all applicable laws, decrees, rules, regulations, orders, ordinances, actions, and requests of any federal, state, or local government or judicial body, agency, or official pertaining to this Agreement. 6.Indemnification AGS will assume full responsibility for and shall indemnify and hold harmless DES PLAINES and its affiliates and their directors, officers, employees, and agents, from and against any and all losses, claims, liabilities, penalties, fines, causes of action, damages, costs and expenses (including reasonable attorney’s fees and expenses) arising Page 5 of 7Exhibit A 3 out of or resulting from any negligence or wrongful or willful misconduct on the part of AGS or any breach by AGS of any of the terms and provisions of this Agreement. DES PLAINES will assume full responsibility for and shall indemnify and hold harmless AGS and its subsidiaries and their directors, officers, independent contractors, employees and agents, from and against any and all losses, claims, liabilities, penalties, fines, causes of action, damages, costs and expenses (including reasonable attorney’s fees and expenses) arising out of or resulting from any negligence or wrongful or willful misconduct on the part of DES PLAINES or any breach by DES PLAINES of any of the terms and provisions of this Agreement. 7.Confidentiality In rendering Services pursuant to this Agreement, AGS, its associates and employees may acquire or be exposed to confidential information or trade secrets concerning the business and operations of DES PLAINES or its affiliates. AGS agrees to treat and maintain all such information and data as DES PLAINES confidential property and not to divulge it to others at any time or use it for private purposes or otherwise, except as such use or disclosure may be required in connection with performance of the Services and consented to in advance and in writing by DES PLAINES. The confidentiality obligations hereunder shall not extend to: (i) Confidential information already in the possession of AGS without any obligation of confidentiality; (ii) Confidential information already in the public domain; or (iii) Confidential information independently received by AGS without any obligations of confidentiality. The obligations of AGS contained in this Paragraph shall ensure that any employees, agents, or subcontractors of AGS who have access or exposure to the aforesaid information shall be bound by these obligations of confidentiality. 8.Independent Contractor DES PLAINES is not an employer of AGS. In all matters relating to this Agreement, AGS shall be acting as an independent contractor. DES PLAINES shall not withhold from the compensation paid to AGS any taxes or other items due to be paid by AGS. At the end of the calendar year, DES PLAINES shall file the necessary Information Returns (U.S. IRS form 1099) with respect to the compensation paid to AGS. 9.Non-Assignment This Agreement shall be personal to the parties hereto and no party shall (by operating of law or otherwise transfer or assign its rights or delegate its performance hereunder, and any such transfer, assignment, or delegation shall by void and of no effect. This Paragraph shall not apply to AGS’s use of sub-contractors noted above. 10.Entire Agreement; Amendments, Etc. This Agreement, including the Recitals, contains the entire agreement and understanding of the parties, and supersedes all prior agreements and understandings relating to the subject matter of this Agreement. No modification or waiver of this Page 6 of 7Exhibit A 4 Agreement shall be effective unless the modification or waiver shall be in writing, signed by both parties to the Agreement. Any waiver shall be effective only in the specific instance and/or the specific purpose for which given. 11.No Waiver No failure or delay on the part of either AGS or DES PLAINES in exercising any right or remedy under this Agreement shall operate as a waiver of such right or remedy. The exercise of any such right or remedy shall not preclude any other exercise of any right or remedy under this Agreement. 12.Compliance and Headings The headings in this Agreement are for convenience and reference only. 13.Limitation on Damages Neither party shall be liable to the other for any punitive, special or exemplary damages. 14.Governing Law The parties agree that this Agreement shall be governed by and interpreted in accordance with the internal laws of the State of Illinois. This agreement will conform at all times with all applicable laws now and in the future regarding any registered agent business practice. 15.Counterparts This Agreement may be signed in one or more counterparts, all of which together will constitute one and the same instrument. IN WITNESS THEREOF, the parties have duly executed this Agreement as of the date first above written Signature & Date Signature & Date ___________________________________ _______________________________ For Advantage Government Strategies, LLC For City of Des Plaines Page 7 of 7Exhibit A PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: October 30, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Des Plaines Downtown and Commuter Parking Rate Increase Issue: Consistent with the 2020 Budget discussions, the daily commuter parking fee in Des Plaines is proposed for an increase from the existing $1.50/day to $2.00/day. Analysis: The existing daily parking fee was last increased in 2009. At the time, $1.25/day and $1.50/day were the predominant rates for daily parking along the Union Pacific Northwest (UPNW) Line. Since that time, in recognition of the increased costs, other communities along the UPNW Line have raised their rates to $2.00/day. A chart is included as Attachment 1 indicating the current rates at stations along the Union Pacific Northwest Line. The intent of the parking fee is to cover the operating and maintenance costs for the parking lots. These costs increase over time as a result of general inflation, necessitating periodic rate increases. Two other factors warranting a fee increase are: •Lack of commitment from Metra to help fund period capital improvements to the lots (e.g. resurfacing, reconstruction) •Potential new State excise tax (6% on daily fees, 9% on monthly/annual rates) that could affect both City-owned and the Union Pacific Railroad-owned parking lots beginning January 1, 2020. The Illinois Municipal League is currently pursuing an exemption for local government-owned lots, but it is not clear if this will be granted. It is even less clear whether Union Pacific-owned parking lots would be exempted from the new State tax. The six commuter lots along the railroad line shown in the map included as Attachment 2, are owned by the Union Pacific Railroad and maintained and operated by the City of Des Plaines under a 2004 agreement. In order to increase the rate, approval must be granted by the Union Pacific Railroad and Metra. These approvals have already been received. Coincident with the daily fee increase for the Metra commuter lots, the daily fee for the City-owned parking on the top level of Metro Square Garage is proposed to be increased from the existing $1.50/day to $2.00/day for consistency throughout the downtown. MEMORANDUM Page 1 of 6 CONSENT AGENDA #5. Recommendation: We recommend that the general daily parking fee in downtown Des Plaines and at the Cumberland Metra Station be increased from the existing $1.50/day to $2.00/day consistent with neighboring communities. Attachments: Attachment 1 – Chart showing daily rates at stations along the UPNW Metra line Attachment 2 – Map of Des Plaines Metra Commuter Lots Ordinance M-51-19 Page 2 of 6 $1 . 5 0 $2 . 0 0 $ 2 . 0 0 $ 2 . 0 0 $1 . 5 0 $ 1 . 5 0 $2 . 0 0 $ 2 . 0 0 $ 2 . 0 0 $ 2 . 0 0 $3 . 0 0 $1 . 5 0 $ 1 . 5 0 $ 1 . 5 0 $ 1 . 5 0 $2 . 0 0 $0 . 0 0 $0 . 5 0 $1 . 0 0 $1 . 5 0 $2 . 0 0 $2 . 5 0 $3 . 0 0 $3 . 5 0 Da i l y P a r k i n g F e e s b y S t a t i o n ‐ U n i o n P a c i f i c N o r t h w e s t L i n e (2 0 1 9 ) Attachment 1 Page 3 of 6 3 Downtown Des Plaines Station Cumberland Station DES PLAINES METRA COMMUTER LOTS 10 21 20 6 8 9 A t t a c h m e n t 2 P a g e 4 o f 6 Additions are bold and double-underlined; deletions are struck through. CITY OF DES PLAINES ORDINANCE M - 51 - 19 AN ORDINANCE AMENDING THE CITY CODE REGARDING PARKING RATES AT CITY PARKING LOTS AND FACILITIES. ______ WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Section 7-7-7 of the City Code of the City of Des Plaines, as amended ("City Code"), imposes a $1.50 fee in order to park a vehicle in any parking lot or facility owned or operated by the City (“Parking Fee”); and WHEREAS, in order to offset the costs to maintain City Parking Lots and Facilities, the City desires to amend the City Code to increase the Parking Fee to $2.00; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the City Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the City Council. SECTION 2: CITY PARKING LOTS AND FACILITIES; FEES; TIME LIMITS. Section 7, titled “City Parking Lots and Facilities; Fees; Time Limits,” of Chapter 7, titled “Parking Lots,” of Title 7, titled “Motor Vehicles and Traffic,” is hereby amended as follows: "7-7-7: CITY PARKING LOTS AND FACILITIES; FEES; TIME LIMITS: The following provisions apply to all parking lots or parking facilities owned or operated by the city: A. It shall be unlawful for any person to park a vehicle in any parking lot or parking facility owned or operated by the city without first depositing the appropriate fare in the fare box or by monthly payment or lease payment to the city for the space occupied. B. A person shall be entitled to park a vehicle in any of the aforesaid city parking lots or parking facilities for a period of twelve (12) hours for a daily fee of one dollar fifty cents two dollars ($1.50 2.00). * * *” Page 5 of 6 Additions are bold and double-underlined; deletions are struck through. SECTION 3: EFFECTIVE DATE. This Ordinance will be in full force and effect from and after the occurrence of both: (a) its passage, approval, and publication in pamphlet form according to law; and (b) January 1, 2020. 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 Amending the City Code Regarding City Parking Lot Fees_#71337779_v2 Page 6 of 6 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: November 26, 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 and Engineering Subject: TIF#1 Civic Center Parking Structure - Construction Oversight Walker Consultants Task Order No. 6 Issue: In connection with the Civic Center Parking Structure reconstruction project located at 606 Lee Street, construction engineering services are required to assure that the project is built in accordance with the plans and specifications. This is a budgeted item in the 2020 City Budget. Analysis: Walker Consultants provided the preliminary engineering alternative analysis on the Civic Center Parking Structure reconstruction project in 2012 and the project engineering design in 2019. Accordingly, we requested a proposal from Walker for the construction engineering phase of the project. The scope of work includes the coordination of utility relocations, detailed design, and oversight on the structural, architectural, mechanical/electrical/plumbing, fire protection, site work and streetscape/landscaping components of the parking structure reconstruction contract. Recommendation: We recommend approval of Task Order No. 6 with Walker Consultants, 2895 Greenspoint Parkway, Suite 600, Hoffman Estates, IL 60169 in the not-to-exceed amount of $158,250.00 plus $5,000.00 for reimbursable expenses for professional construction engineering services. Source of funding would be TIF District #1 Fund. Attachments: Resolution R-205-19 Exhibit A – Task Order No. 6 MEMORANDUM Page 1 of 9 CONSENT AGENDA #6. 1 CITY OF DES PLAINES RESOLUTION R - 205 - 19 A RESOLUTION APPROVING TASK ORDER NO. 6 WITH WALKER CONSULTANTS/ENGINEERS, INC., FOR PROFESSIONAL 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 January 2, 2018, the City Council approved Resolution R-5-18, which authorized the City to enter into a master contract ("Master Contract") with Walker Consultants/Engineers, Inc. ("Consultant") for the performance of professional engineering services for the City as such services are needed over time; and WHEREAS, the City desires to procure professional engineering services for the construction engineering phase of the for the new Civic Center Parking Structure ("Services"); 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 in the not-to-exceed amount of $158,250 plus $5,000 of reimbursable expenses to perform the Services; and WHEREAS, the City has sufficient funds in the TIF #1 Fund for the procurement of the Services from Consultant; and WHEREAS, the City desires to enter into Task Order No. 6 under the Master Contract for the procurement of the Services from Consultant in the not-to-exceed amount of $158,250 plus $5,000 of reimbursable expenses ("Task Order No. 6"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 6 with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: Page 2 of 9 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. 6. The City Council hereby approves Task Order No. 6 in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE TASK ORDER NO. 6. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 6 only after receipt by the City Clerk of at least one executed copy of Task Order No. 6 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of Task Order No. 6 from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal Task Order No. 6 will, at the option of the City Council, be null and void. SECTION 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 6 with Walker Consultants for Professional Engineering Services Page 3 of 9 TASK ORDER NO. 6 TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND WALKER CONSULTANTS FOR PROFESSIONAL ENGINEERING SERVICES In accordance with Section 1.2 of the Master Contract dated January 3, 2018 between the City of Des Plaines (the “City”) and Walker Consultants/Engineers, Inc., 2895 Greenspoint Parkway, Suite 600, Hoffman Estates, IL 60169 (the “Consultant”), the Parties agree to the following Task Number 6: 1. Contracted Services: The Consultant will perform the services described in the "Scope of Services" set forth in the “Proposal for Parking Facility Design Services-Construction Phase, Des Plaines Civic Center Parking Structure, Des Plaines, IL” prepared by the Consultant, submitted to the City, and dated February 1, 2019, Revised November 6, 2019 ("Proposal"). 2. Project Schedule (attach schedule if appropriate): N/A 3. Project Completion Date: The Consultant will diligently and continuously prosecute the Services until their completion. 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 $158,250 plus $5,000.00 reimbursable expenses, all as set forth in the Proposal under the section titled "Professional Fee”. 5. Additional Changes to the Master Contract (if applicable): In the event of a conflict between any provisions of the Proposal and this Task Order No. 6 of the Master Contract, this Task Order No. 6 and the Master Contract will control. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Page 4 of 9 2 CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works & Engineering __________________________________ Name (Printed or Typed) ____________________, 20_____ ____________________, 20_____ Date Date If greater than, $2,500, the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 20_____ 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 ____________________, 20_____ Date #26478055_v1 Page 5 of 9 M:\PROPOSALS\2019\PRO-020119-CityofDesPlaines-Duddles-CivicCtrPSConstPhase_029-REV-110619.docx February 1, 2019 Revised November 6, 2019 Mr. Jon Duddles, PE, CFM Assistant Director of Public Works and Engineering City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Re: Proposal for Parking Facility Design Services – Construction Phase Des Plaines Civic Center Parking Structure Des Plaines, IL Dear Jon: Thank you for the opportunity to submit this revised proposal for professional services relative to the construction phase for the proposed parking structure at the Des Plaines Civic Center. We based this proposal on our understanding of the current project scope. PROJECT UNDERSTANDING We understand the proposed parking structure will accommodate parking for approximately 250 vehicles on four levels (one at grade and three supported). The lowest level of the parking structure will be below grade and provide parking for approximately 65 vehicles within a secure area. The parking facility will be a single use facility for vehicle parking only; no mixed-use occupancy will be included. The free-standing structure will be located north of the Civic Center, on the site currently containing a parking structure and surface parking lot and consist of a precast, prestressed concrete structural system. With the exception of the lowest level, the parking structure will be classified as “open” without provisions for mechanical ventilation or an automatic sprinkler system. Walker Consultants (Walker) will be a consultant to the City of Des Plaines; Walker will be the lead professional responsible for design, coordination, and client communication for the parking structure design. The Walker design team will provide parking functional design, structural, architectural, durability, mechanical/electrical/ plumbing, fire protection, civil, and landscape architecture professional services for the parking structure. A project manager is included in our fee to lead Walker’s parking structure Project Team. The services to be provided by Walker under this proposal include construction phase services as described in the section entitled “Scope of Services”. The professional fees and expenses for the services to be provided by Walker are described in the section entitled “Professional Fee”. 2895 Greenspoint Parkway, Suite 600 Hoffman Estates, IL 60169 847.697.2640 walkerconsultants.com Page 6 of 9 Mr. Jon Duddles, PE, CFM February 1, 2019 Revised November 6, 2019 Page 2 SCOPE OF SERVICES CONSTRUCTION PHASE A. Review shop drawings and material submittals for the design. B. Provide clarifications and interpretations of the construction documents. C. Provide responses to contractor Requests for Information (RFI’s) relative to the work. D. Perform bi-weekly construction observations in conjunction with progress meetings during construction. A total of eighteen (18) visits are included in the basic services. A preconstruction meeting, a pre-concrete meeting, and a punch list will be performed as part of the total number of site visits. A report shall be issued following each jobsite visit describing the status of construction. E. Review pay applications and change requests as required. F. Participate in a final punch list walkthrough and prepare a final punch list. G. Perform a final punch list review with the City. H. Obtain from the contractor project close-out documents, such as as-built drawings, operation manuals, and warranty information. I. Review the final pay application, including approved change orders, and forward to City for contractor payment. PROFESSIONAL FEE We propose to perform the professional services described in the previous section entitled “Scope of Services” for the lump sum fee of One Hundred Fifty-Eight Thousand Two Hundred Fifty Dollars ($158,250.00) plus reimbursable expenses. We assume a mutually agreeable Owner-Architect agreement will be utilized for this project. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. We recommend the City budget $5,000 for reimbursable expenses. For reference, a breakdown of fee by professional services firm is as follows: Professional Service Firm Fee Beakdown Walker Consultants $112,500 Prime Design, Functional Design, Structural Engineering, MEP/FP Engineering RATIO Architects $30,750 Architectural Design, Landscape Architecture Haeger Engineering $15,000 Civil Engineering, Survey Total $158,250 Basement Option Page 7 of 9 Mr. Jon Duddles, PE, CFM February 1, 2019 Revised November 6, 2019 Page 3 ADDITIONAL SERVICES The following are not included in our scope of services and can be provided as an additional service. 1. Site visits over the number stated in the scope of services. 2. The design of repairs or retrofit to accommodate unforeseen field conditions or construction errors and omissions. Walker is dedicated to providing our clients with professional services that meet or exceed project requirements. To achieve this goal, we are available to review this proposal with you at your convenience and adapt the scope of work as deemed necessary. We appreciate the opportunity to be of continued service to the City of Des Plaines and look forward to continuing our work with you on this exciting project. Sincerely, WALKER CONSULTANTS Bradley F. Navarro, P.E.David W. Ryan, P.E. Principal Vice President AUTHORIZATION Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return an executed copy of this agreement for our records. CITY OF DES PLAINES Accepted by (Signature) Printed Name Title Date Page 8 of 9 GENERAL CONDITIONS OF AGREEMENT FOR DESIGN SERVICES PAGE 4 SERVICES Walker Consultants (“Walker”) will provide the CLIENT professional services that are limited to the work described in the attached letter (“the services”). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents supplied by the CLIENT, and are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third-party beneficiary is contemplated. All documents prepared or provided by Walker are its instruments of service, and any use for modifications or extensions of this work, for new projects, or for completion of this project by others without Walker’s specific written consent will be at CLIENT’s sole risk. PAYMENT FOR SERVICES Walker will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not pay Walker within thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services. The CLIENT agrees to pay WALKER a monthly late charge of one and one half percent (1½%) per month of any unpaid balance of the invoice. STANDARD OF CARE Walker will perform the services in accordance with generally accepted standards of the profession using applicable building codes in effect at time of execution of this Agreement. Walker’s liability caused by its acts, errors or omissions shall be limited to $1,000,000. PERIOD OF SERVICE In the event that no contract administration phase services are to be provided by Walker, services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty days after final documents are delivered to the CLIENT. If contract administration phase services are provided by Walker, services shall be complete upon the earlier of (1) the time of approval by Walker of final payment to the contractor or (2) thirty (30) days after completion of the work designed by Walker. Page 9 of 9 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 2, 2019 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 7:03 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 2, 2019. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd, Zadrozny, Chester, Smith, Goczkowski. Absent: Brookman. A quorum was present. 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 Deputy Dyer, Police Commander Mierzwa, and General Counsel Friedman. SWEARING-IN CEREMONY: Deputy Fire Chief Dyer congratulated Lieutenant Joseph Ciraulo and Firefighter/Engineer Ryan Petty on their promotion. Mayor Bogusz administered the Oath of Office. PRAYER AND PLEDGE: The prayer was offered by Alderman Smith, followed by the Pledge of Allegiance to the Flag of the United States of America. PUBLIC COMMENT: Resident Garland Armstrong expressed his concern regarding the construction on Rand Road. Resident Wayne Serbin expressed his appreciation for the Fire Department personnel. Resident Earl Wilson expressed his interest to be re-appointed to the Library Board of Trustees. Mary Lou Marquez, owner of Taco Village, informed the City Council that her business is failing due to the construction on Rand and Des Plaines River Road. Ms. Marquez was instructed to meet with staff members from the Engineering Department and the Community and Economic Development Department. CONSENT AGENDA: Moved by Rodd, seconded by Zadrozny, to establish the Consent Agenda. Motion declared unanimously carried. Moved by Rodd, seconded Zadrozny, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 1- Brookman Motion declared carried. CONSENT AGENDA #7. Page 2 of 9 12/02/19 Minutes were approved; Ordinances M-45-19, M-46-19, M-47-19, Z-30-19 and Z-31-19 were adopted. Resolutions R-195-19, R-196-19, R-197-19, R-198-19, R-199-19 were approved. APPROVE THE ESTABLISHMENT OF AN ICMA 401(A): Consent Agenda Resolution R-201-19 Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-201-19, A RESOLUTION APPROVING THE ESTABLISHMENT OF A 401 (A) MONEY PURCHASE PLAN, AND AGREEMTN WITH ICMA RETIREMENT CORPORATION FOR MONEY PUCHASE PLAN ADMIISTRATIVE SERVICES AND A DECLARATION OF TRUST OF VANTAGETRUST. Motion declared carried as approved unanimously under Consent Agenda. APPROVE LEASE AGMT/KONICA MINOLTA: Consent Agenda Resolution R-195-19 Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-195-19, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A LEASE WITH KONICA MINOLTA PREMIER FINANCE AND A SERVICES AGREEMENT WITH KONICA MINOLTA BUSINESS SOLUTIONS USA, INC. Motion declared carried as approved unanimously under Consent Agenda. APPROVE AGMT/ VILLAGE OF WHEELING: Consent Agenda Resolution R-196-19 Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-196-19, A RESOLUTION APPROVING AN AMENDED AND RENEWED EMERGENCY DISPATCH SERVICES AGREEMENT WITH THE VILLAGE OF WHEELING. Motion declared carried as approved unanimously under Consent Agenda. APPROVE ADOPTING OF PUBLIC RIGHT- OF-WAY ACCESSIBILITY TRANSITION PLAN: Consent Agenda Resolution R-197-19 Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-197-19, A RESOLUTION APPROVING AND AUTHORIZING THE ADOPTION OF THE DES PLAINES PUBLIC RIGHT-OF-WAY ACCESSIBILITY TRANSITION PLAN. Motion declared carried as approved unanimously under Consent Agenda. APPROVE AGMT/ MUNICIPAL GIS PARTNERS, INC: Consent Agenda Resolution R-198-19 Moved by Rodd, seconded by Zadrozny, to Approve Resolution R-198-19, A RESOLUTION APPROVING A SUPPLEMENTAL STATEMENT OF WORK WITH MUNICIPAL GIS PARTNERS, INC FOR GEOGRAPHIC INFORMATION SYSTEM SUPPORT SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Page 3 of 9 12/02/19 APPROVE AGMT/CLAUSS BROTHERS: Consent Agenda Resolution R-199-19 Moved by Rodd, seconded by Zadrozny, to Approve Resolution R -199-19, A RESOLUTION APPROVING THE FIRST RENEWAL OF A CONTRACT WITH CLAUSS BROTHERS, INC FOR NUISANACE ABATEMENT AND GRASS CUTTING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ ORD. M-45-19: Consent Agenda Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance M-45-19, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2020 AND ENDING DECEMBER 31, 2020. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ ORD. M-46-19 Consent Agenda SECOND READING/ ORD. M-47-19: Consent Agenda Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance M-46-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING VEHICLE LICENSES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance M-47-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING THE CITY'S HOME RULE MOTOR FUEL TAX. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ ORD. Z-30-19: Consent Agenda Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance Z-30-19, AN ORDINANCE APPROVING A FINAL PLAT OF PLANNED UNIT DEVELOPMENT WITH A PERMITTED EXCEPTION AND A FINAL PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 930, 946, AND 970 NORTH AVENUE, DES PLAINES, ILLINOIS (CASE #19-066- FSUB-FPUD). Motion declared carried as approved unanimously under Consent Agenda SECOND READING/ ORD. Z-31-19: Consent Agenda Moved by Rodd, seconded by Zadrozny, to Approve Second Reading Ordinance Z-31-19, As Amended, AN ORDINANCE AMENDING THE TEXT OF THE DES PLAINES ZONING ORDINANCE TO DEFINE, IMPOSE APPROPRIATE ZONING AND OPERATIONAL REGULATIONS OVER CANNABIS BUSINESS ESTABLISHMENTS (CASE #19-68-TA). Motion declared carried as approved unanimously under Consent Agenda APPROVE MINUTES: Consent Agenda Moved by Rodd, seconded by Zadrozny, to approve the Minutes of the City Council meeting of November 18, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Rodd, seconded by Zadrozny, to approve the Closed Session Minutes of the City Council meeting of November 18, 2019, as published. Motion declared carried as approved unanimously under Consent Agenda. NEW BUSINESS: Page 4 of 9 12/02/19 Without objection Item 2a will be the first item of business. COMMUNITY DEVELOPMENT – Alderman Rodd, Chair CONSIDER TEXT & MAP AMENDMENTS/ RIVERS CASINO/ 2980 RIVER ROAD: ORDINANCE Z-32-19 ORDINANCE Z-33-19 Director of Community and Economic Development McMahon reviewed a memorandum dated November 1, 2019. The applicant, Mike Levin of Development Management Associates, is requesting several items associated with a proposed expansion of Rivers Casino which is located at 2980-3000 River Road including a Major Amendment to the Planned Unit Development to amend Ordinance Z-27-10. This request will entail a proposal to expand the existing parking garage north of the casino building with a net gain of 719 spaces. The proposal to expand the parking garage is a direct result of recent Illinois legislation that allows existing casinos to apply to expand from the former limit of 1,200 gaming positions to the new limit of 2,000 gaming positions. With the proposed Major Amendment to the existing Planned Unit Development, the physical boundaries of the Planned Unit Development are being expanded to incorporate the office building located at 2980 River Road. This building was not initially proposed in the original PUD; however multiple principal buildings are permitted on one zoning lot under Zoning Ordinance Section 12-7-1. Additionally, an exception is being requested for the five-foot setback requirement for the existing office building at 2980 River Road under Zoning Ordinance Section 12-10-8.C. The petitioner has requested to rezone the office building located at 2980 River Road from C-2, Limited Office to C-6, Casino District. The office building solely houses office operations for Rivers Casino. As such, the petitioner is proposing to include this property into the Planned Unit Development for Rivers Casino and, as a result, the property also has to be rezoned to incorporate this property into the PUD. With the proposed rezoning and incorporation of the office building at 2980 S. River Road into the C-6, Casino District, the land use of “Office” has to be added to the Des Plaines Zoning Ordinance since the principal use for this building is for office purposes. The petitioner has submitted a Final Plat of Subdivision in order to re-subdivide the existing lots into two lots to reflect the expansion and entitlement update of this property. The applicant is proposing several amendments to the existing Localized Alternative Sign Regulation (LASR) as first approved under Ordinance Z-6-10 and then approved under Ordinance Z-11-11 for modifications to the original LASR. The Planning and Zoning Board met on November 12, 2019, to consider the requests. The Planning and Zoning Board recommended (4-0) to approve the requests with the two conditions: Page 5 of 9 12/02/19 (Cont.) 1) That any and all easement vacations and dedications not provided with this proposal be reviewed and approved by the City of Des Plaines prior to recording. 2) Drawings may have to be amended to comply with all applicable codes and regulations. Staff recommended approval of Ordinance Z-32-19 and Z-33-19. The Aldermen welcomed Mr. Carlin, CEO of Midwest Gaming. Mr. Levin answered questions from the Aldermen. Moved by Chester, seconded by Rodd to Approve Ordinance Z-32-19, AN ORDINANCE AMENDING SECTION 12-7-3 OF THE DES PLAINES ZONING ORDINANCE REGARDING PERMITTED USES IN THE C-6 CASINO DISTRICT (CASE #19-073-TA). Upon voice vote, motion declared carried. Moved by Chester, seconded by Rodd, to Advance to Second Reading and Adopt Ordinance Z-32-19, AN ORDINANCE AMENDING SECTION 12-7-3 OF THE DES PLAINES ZONING ORDINANCE REGARDING PERMITTED USES IN THE C-6 CASINO DISTRICT (CASE #19-073-TA). Upon roll call, the vote was: AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 1- Brookman Motion declared carried. Moved by Rodd, seconded by Chester to Approve Ordinance Z-33-19, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT, AN AMENDMENT TO A CONDITIONAL USE FOR A LOCAL ALTERNATIVE SIGN REGULATION, A MAJOR AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT WITH EXCEPTIONS, A FINAL PLAT OF RESUBDIVISION, PLATS OF EASEMENT, AND A VARIATION FROM THE SUBDIVISION ORDINANCE FOR 2980-3000 RIVER ROAD, DES PLAINES, ILLINOIS (CASE#19-073-MAP-CU-FPUD-FSUB-V). Upon voice vote, motion declared carried. Moved by Rodd, seconded by Chester to Advance to Second Reading and Adopt Ordinance Z-33-19, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT, AN AMENDMENT TO A CONDITIONAL USE FOR A LOCAL ALTERNATIVE SIGN REGULATION, A MAJOR AMENDMENT TO AN EXISTING PLANNED UNIT DEVELOPMENT WITH EXCEPTIONS, A FINAL PLAT OF RESUBDIVISION, PLATS OF EASEMENT, AND A VARIATION FROM THE SUBDIVISION ORDINANCE FOR 2980-3000 RIVER ROAD, DES PLAINES, ILLINOIS (CASE#19-073-MAP-CU-FPUD- FSUB-V). Upon roll call, the vote was: Page 6 of 9 12/02/19 (Cont.) AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 1- Brookman Motion declared carried. FINANCE & ADMINISTRATION – Alderman Chester, Chairman WARRANT REGISTER: Alderman Chester presented the Warrant Register for consideration. Moved by Chester, seconded by Moylan, to recommend to the City Council approval of the December 2, 2019 – Warrant Register in the Amount of $5,478,869.30 and further recommend that Resolution R-200-19 be adopted at appropriate time this evening. Upon roll call, the vote was: AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 1- Brookman Motion declared carried. LEGAL & LICENSING – Alderman Smith, Vice Chair CONSIDER AMENDMENT TO CITY CODE/PUBLIC PASSENGER VEHICLE LICENSING FEES: ORDINANCE M-48-19 Alderman Smith explained that the City Council requested that a survey be conducted regarding licensing of Taxi cabs/chauffeurs and ride sharing services. The Northwest Municipal Conference distributed a two part survey to its members to which eleven communities responded. The results of the survey were reviewed. Staff recommended adoption of the proposed fee changes in Ordinance M-48-19 to mirror the fees of the surrounding communities. The main component of the Ordinance reduces the taxicab company license fee from $2500 to $150 annually and the per vehicle registration fee from $100 to $40 annually. Moved by Smith, seconded by Chester, to Approve Ordinance M-48-19, AN ORDINANCE AMENDING TITLE 4 OF THE CITY CODE OF THE CITY OF DES PLAINES REGARDING PUBLIC PASSENGER VEHICLE LICENSING FEES. Upon voice vote, motion carried. Moved by Smith, seconded by Chester, to Advance to Second Reading and Adopt Ordinance M-48-19, AN ORDINANCE AMENDING TITLE 4 OF THE CITY CODE OF THE CITY OF DES PLAINES REGARDING PUBLIC PASSENGER VEHICLE LICENSING FEES. Upon roll call, the vote was: AYES: 7- Lysakowski, Moylan, Rodd, Zadrozny, Chester, Smith, Goczkowski NAYS: 0 None ABSENT: 1- Brookman Motion declared carried. Page 7 of 9 12/02/19 ENGINEERING – Alderman Smith, Chair CONSIDER CITY CODE AMENDMENT/ WATER AND STORM SEWER FEES: ORDINANCE M-51-19 Director of Public Works and Engineering Oakley reviewed a memorandum dated November 21, 2019. The Water/Sewer enterprise fund balance continues to diminish due to costs outpacing revenues. By the end of 2025, the Water/Sewer Fund will have a negative balance of $23.8 million. Additionally, due to the age of the City’s infrastructure, we average over 100 water main breaks per year. This creates a water loss of over 11%, which equates to a lost water cost of $600,000 per year. Enterprise funds are established to account for the financing of self-supporting activities of the City that render services on a user-charge basis. The revenue generated through user charges and other water and sewer related functions are intended to fully support the operation of the fund. Both the IDNR and IEPA recommend that an Enterprise Fund should be self-sustaining. The City’s existing water and sewer usage rates are not sufficient to recover the full cost of operations, and neither can they sustain an annual capital improvement program at the level needed to keep pace with infrastructure deterioration. Even though the City has a new water source and there is a savings on the purchase of water, the operating costs and infrastructure needs continue to deplete the fund. The City conducted an analysis of the current rates, surveyed other municipalities, reviewed the infrastructure needs and created funding scenarios. As part of the review, the analysis looked at the City’s current charges of the following: • Current ordinance of the Minimum Bill Charge equal to five units of water consumption. • Current ordinance of the City’s Water Operation and Maintenance Charges • Current ordinance of the City’s Storm Sewer Fee Staff recommended the City Council take the following actions: • Effective January 1, 2020, implement a Fixed Rate fee structure and eliminate the minimum bill charge. • Effective January 1, 2020, increase the Water Operation and Maintenance Charge to $2.22 per unit of water and increase the fee annually by $0.01 per year through 2024. • Effective January 1, 2020, eliminate the Storm Sewer Fee and replace it with a Water/Sewer Capital Improvement fee in the amount of $0.70 per unit of water and increase the fee annually by $0.10 per year through 2024. Alderman Chester expressed his displeasure that the discussion of Water Rates and Storm Sewer Fees were not discussed during the budget process. Moved by Smith, seconded by Rodd, to Approve Ordinance M-49-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING WATER RATES AND STORM SEWER FEES. Upon voice vote, motion carried. Alderman Chester did not agree. Page 8 of 9 12/02/19 CONSIDER AMENDING CITY CODE/PARKING FEES: ORDINANCE M-51-19 Tim Oakley, Director of Public Works and Engineering reviewed a memorandum dated October 30, 2019. Consistent with the 2020 Budget discussions, the daily commuter parking fee in Des Plaines is proposed for an increase from the existing $1.50/day to $2.00/day. The existing daily parking fee was last increased in 2009. At the time, $1.25/day and $1.50/day were the predominant rates for daily parking along the Union Pacific Northwest (UPNW) Line. Since that time, in recognition of the increased costs, other communities along the UPNW Line have raised their rates to $2.00/day. The intent of the parking fee is to cover the increase over time as a result of general inflation, the lack of commitment from Metra to help fund period capital improvements, and a potential new State excise tax that could affect both City- owned and the Union Pacific Railroad-owned parking lots beginning January 1, 2020. The Illinois Municipal League is currently pursuing an exemption for local government-owned lots, but it is not clear if this will be granted. It is even less clear whether Union Pacific-owned parking lots would be exempted from the new State tax. The six commuter lots along the railroad line are owned by the Union Pacific Railroad and maintained and operated by the City of Des Plaines under a 2004 agreement. In order to increase the rate, approval must be granted by the Union Pacific Railroad and Metra. These approvals have already been received. Coincident with the daily fee increase for the Metra commuter lots, the daily fee for the City-owned parking on the top level of Metro Square Garage is proposed to be increased from the existing $1.50/day to $2.00/day for consistency throughout the downtown. Staff recommended that the general daily parking fee in downtown Des Plaines and at the Cumberland Metra Station be increased from the existing $1.50/day to $2.00/day consistent with neighboring communities. Moved by Smith, seconded by Chester, to Approve Ordinance M-51-19, AN ORDINANCE AMENDING THE CITY CODE REGARDING PARKING RATES A THE CITY PARKING LOTS AND FACILITIES. Upon voice vote, motion carried. CONSIDER CODE AMENDMENT TO ALLOW BACKYARD HENS: ORDINANCE M-50-19 The City of Des Plaines Municipal Code currently prohibits the keeping of fowl to raise, maintain, or store on any property within the City limits under Section 6-1-1(A), except for educational purposes. The City of Des Plaines is requesting a Text Amendment to add Section 6-1-1(D) to allow the keeping of chicken hens under certain regulations. In recent years, there has been a growing trend in keeping chickens for personal use and for the consumption of eggs. Municipalities vary in their stance on the allowance of chickens, from banning the practice to permitting them, with standards such as the maximum number of chickens that can be kept and Page 9 of 9 12/02/19 (Cont.) enclosure requirements. Some require permits or licenses to maintain any fowl while others allow a certain number of fowl on residential properties by right. Some municipalities share similarities in coop and enclosure size, cleanliness, location on property, and food storage regulations. Many ordinances limit the size of these structures to 100 square feet, require continual maintenance of these structures, require screening from streets, require a minimum setback distance of these structures from the property lines, and require the installation of rodent-free containers for food. Resident Kelly Horvath presented a Petition to City Clerk Tsalapatanis to allow backyard hens within the city limits. Ms. Horvath conducted a presentation which addressed previously expressed concerns. Lara Sanoica, 7th Ward Alderman of the City of Rolling Meadows, answered questions pertaining to their recently enacted ordinance to allow for hens on residential lots in the City of Rolling Meadows. Staff met to review the suggested regulations outlined in the Ordinance M-19-17 and added proposed text amendment to add Section 6-1-1(D) to allow the keeping of chicken hens under certain regulations. Staff recommended approval of Ordinance M-50-19. Moved by Rodd, seconded by Smith to Approve Ordinance M-50-19, AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 OF THE CITY CODE REGARDING THE KEEPING OF CHICKENS with the following amendments: add language that requires notification to neighbors, any revocation of the permit is at the City Managers discretion, a listing of educational resources within the City will be made available, the ChicagoLand Urban Chicken Keepers will provide a list of best practices for hen keeping and that this will be a three-year pilot program. Upon voice vote, the motion carried. ADJOURNMENT: Moved by Chester, seconded by Zadrozny, to adjourn the meeting. Motion declared carried. The meeting adjourned at 9:07 p.m. Jennifer L. Tsalapatanis – City Clerk APPROVED BY ME THIS DAY OF , 2019 ______________________________ Matthew J. Bogusz, MAYOR OFFICE OF the MAYOR 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: December 5, 2019 To: Aldermen Cc: Michael G. Bartholomew, City Manager From: Matthew J. Bogusz, Mayor Subject: Appointments/Reappointments to Commissions Appointments Expires Library Board of Trustees Mindy Capper 06/30/2022 Planning and Zoning Board Cindy Veremis 04/30/2022 Reappointments Board of Fire and Police Commissioners Debra Lester 04/30/2022 Library Board of Trustees Gregory Sarlo 06/30/2022 Kristen Graack 06/30/2022 Chris Renkosiak 06/30/2022 Umair Qadeer 06/30/2022 Planning and Zoning Board Paul Saletnik 04/30/2022 James Szabo 04/30/2022 MEMORANDUM Page 1 of 10 APPOINTMENTS/REAPPOINTMENTS Page 2 of 10 Page 3 of 10 Page 4 of 10 Page 5 of 10 Page 6 of 10 Page 7 of 10 Page 8 of 10 Page 9 of 10 Page 10 of 10 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: November 21, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy Watkins, Assistant Director of Public Works and Engineering Dorothy Wisniewski, Assistant City Manager/Director of Finance Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Water and Sewer Rate Analysis Issue: The Water/Sewer enterprise fund balance continues to diminish due to costs outpacing revenues. By the end of 2025, the Water/Sewer Fund will have a negative balance of $23.8 million. Additionally, due to the age of the City’s infrastructure, we average over 100 water main breaks per year. This creates a water loss of over 11%, which equates to a lost water cost of $600,000 per year. Analysis: Enterprise funds are established to account for the financing of self-supporting activities of the City that render services on a user-charge basis. The revenue generated through user charges and other water and sewer related functions are intended to fully support the operation of the fund. Both the IDNR and IEPA recommend that an Enterprise Fund should be self-sustaining. The City’s existing water and sewer usage rates are not sufficient to recover the full cost of operations, and neither can they sustain an annual capital improvement program at the level needed to keep pace with infrastructure deterioration. Even though the City has a new water source and there is a savings on the purchase of water, the operating costs and infrastructure needs continue to deplete the fund as shown in Table 1 below: TABLE 1 * Fund balance goal is equal to 25% of annual operating expenses. Over the past years, the City has been supplementing the Water/Sewer Fund with Gaming revenue. However, in order to fund facility projects such as the Civic Center Parking Deck, the Police Station addition and Fire Station improvements, the Facilities Fund will have to be supplemented by Gaming Revenue. The diversion of the Gaming funds to Facilities will create a further shortfall in both the Water/Sewer Fund and Capital Projects Fund. FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Estimated Projected Projected Projected Projected Projected Projected Beginning Fund Balance ($1,317,812) ($1,195,127) ($2,377,584) ($5,977,614) ($10,063,285) ($14,339,272) ($19,061,487) Transfers from Other Funds $5,895,758 $770,758 $0 $0 $0 $0 $0 Total Revenues $14,427,722 $14,265,029 $14,411,825 $14,539,245 $14,668,063 $14,798,297 $14,929,966 Total Expenses $20,200,795 $16,218,244 $18,011,855 $18,624,916 $18,944,050 $19,520,512 $19,747,538 Net Income (Loss)($5,773,073) ($1,953,215) ($3,600,030) ($4,085,671) ($4,275,987) ($4,722,215) ($4,817,572) Ending Fund Balance ($1,195,127) ($2,377,584) ($5,977,614) ($10,063,285) ($14,339,272) ($19,061,487) ($23,879,059) Fund Balance Goal*$5,050,199 $4,054,561 $4,502,964 $4,656,229 $4,736,012 $4,880,128 $4,936,885 CASH FLOW SUMMARY MEMORANDUM Page 1 of 10 UNFINISHED BUSINESS #1. The City conducted an analysis of the current rates, surveyed other municipalities, reviewed the infrastructure needs and created funding scenarios. As part of the review, the analysis looked at the City’s current charges of the following: • Current ordinance of the Minimum Bill Charge equal to five units of water consumption. • Current ordinance of the City’s Water Operation and Maintenance Charges • Current ordinance of the City’s Storm Sewer Fee Minimum Bill Charge/Fixed Facility Charge The current water rate is $5.173 per unit (one unit = 100 cubic feet). The City charges water customers who do not use more than 5 units of water in any two (2) month billing period a minimum fee equal to the rate of 5 units of water ($25.86). On an average monthly basis, approximately 278 customers receive this bill. Many municipalities have established a fixed rate billing system instead of the traditional minimum usage bill. The fixed rate is applied to the regular bill based on the water meter size plus the customer’s usage. Table 2 below shows rates based on meter size that a customer would pay. These rates were calculated by evenly dividing static overhead costs for the water and sanitary utilities among the total number of customers and escalated for larger meter sizes based on flow capacity. TABLE 2 By using a fixed rate structure, an average residential customer who currently pays the minimum bill of $25.86 and uses 3 units of water in a two month period, would receive a water bill in the amount of $24.48. The customer is only billed the fixed rate and the actual water used. Using a fixed rate system provides a fair and steady revenue versus the minimum usage that charges customers a minimum bill of 5 water units. The fixed rate offsets the continual costs of the water system which includes administrative fees such as customer assistance programs, water testing and permit fees. If approved by Council, we recommend reviewing this rate again in 2025. Water Operation and Maintenance Charges The Operation and Maintenance charge (O&M) is intended to recover the cost for routine operation and maintenance of the water system. This includes the re-chlorination and pumping of water, day-to-day water system repairs of water mains and fire hydrants, associated equipment required to maintain the water system and the cost for Utility Billing functions. The City’s current O&M charge is $2.20 per unit of water. Based on increased operational costs, the fee should be $2.25 per unit of water. To keep the customer impact to a minimum, an increase of $0.02 for the 2020 fiscal year and an increase of $0.01 per year, for the next five years will equate to less than a ½% a year increase. This increase will keep this portion of the rate even with the O&M expenses. If approved by Council, we recommend reviewing this rate again in 2025. This fee has not been increased since 2012. Storm Sewer Fee/Capital Improvement Fee The City currently charges $0.57 per unit of water for the purpose improving the City’s storm sewer system. This fee is also charged to Illinois American Water customers (Waycinden Park area) at a flat rate of $2.65 per month. Water Meter Sizes Max Flow GPM Max Flow Proportion Rate ≤ 1" Meter 35 1.0 $4.07 1 1/2" Meter 150 4.3 $17.46 2" Meter 200 5.7 $23.28 3" Meter 500 14.3 $58.19 4" Meter 1000 28.6 $116.38 6" Meter 2000 57.1 $232.76 ≥ 8" Meter 2700 77.1 $314.23 Monthly Fixed Facility Charge Page 2 of 10 Water and Sewer infrastructures have a life expectancy of 75 years. We conducted an analysis of the water and sewer systems and, based on the age of the current infrastructure, in order to replace system components on a 100 year life cycle, which is longer than the life expectancy, the City should be investing at a minimum of $4.7 million per year based on 2019 construction costs. These costs will continue to increase at a minimum rate of 1.5% a year. Additionally, both the MWRD and EPA have newly mandated requirements which will be an additional financial burden to the City. If passed, pending legislation (HB3035) in Springfield would mandate that the City meet additional requirements including the replacement of lead service lines. In order to achieve a baseline goal of $4.4M per year for Capital Improvements, the City would have to charge an additional rate of $1.84 per unit of water. Since the Storm Sewer fee really pertains to actual Capital Improvements, we are recommending the elimination of current Storm Water fee and replace it with a Water/Sewer Capital Improvement fee. To keep the customer impact to a minimum, we recommend the fee have a starting rate of $0.70 per unit of water with an increase of $0.10 per year, for the next five years. Although the 2024 rate would be $1.10 per unit, it is still lower than the required $1.84 needed. If approved by Council, we recommend reviewing this rate again in 2025. Projected Fund Balance with Increase If the above rates are approved by Council, the projected fund balance would improve but will still have a deficit of approximately $1,100,000 at the end of 2024. For the average Des Plaines household (consuming 15 units bi-monthly), these necessary rate increases total $10.39 bi-monthly and results in an increase of 10% for the 2020 fiscal year and approximately 1.5% for each of the subsequent years through 2024. Neighboring communities such as Buffalo Grove have recently approved increases of 11% for water consumption in addition to the implementation of a fixed rate of $17.39. Arlington Heights recently passed increases totaling 28.5% over the next five years. Table 3 below shows the projected financial summary if the rates are approved. TABLE 3 * Fund balance goal is equal to 25% of annual operating expenses. Recommendation: We recommend the City Council take the following actions: •Effective January 1, 2020, implement the Fixed Rate fee structure as shown in Table 2 and eliminate the minimum bill charge. •Effective January 1, 2020, increase the Water Operation and Maintenance Charge to $2.22 per unit of water and increase the fee annually by $0.01 per year through 2024. •Effective January 1, 2020, eliminate the Storm Sewer Fee and replace it with a Water/Sewer Capital Improvement fee in the amount of $0.70 per unit of water and increase the fee annually by $0.10 per year through 2024. Attachments: Attachment 1 – Survey of Neighboring Communities Water/Sewer Rates Attachment 2 – Water/Sewer Rate Comparison of Residential Water Usage Ordinance – M-49-19 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Estimated Projected Projected Projected Projected Projected Projected Beginning Fund Balance ($1,317,812) ($1,195,127)$1,345,832 $937,394 $282,476 ($323,387) ($1,135,881) Transfers from Other Funds $5,895,758 $770,758 $0 $0 $0 $0 $0 Total Revenues $14,427,722 $17,988,445 $17,603,417 $17,969,998 $18,338,187 $18,708,018 $18,842,846 Total Expenses $20,200,795 $16,218,244 $18,011,855 $18,624,916 $18,944,050 $19,520,512 $19,747,538 Net Income (Loss)($5,773,073)$1,770,201 ($408,438) ($654,918) ($605,863) ($812,494) ($904,693) Ending Fund Balance ($1,195,127)$1,345,832 $937,394 $282,476 ($323,387) ($1,135,881) ($2,040,574) Fund Balance Goal*$5,050,199 $4,054,561 $4,502,964 $4,656,229 $4,736,012 $4,880,128 $4,936,885 CASH FLOW SUMMARY Page 3 of 10 Water and Sewer Rates Survey May 2019 Municipality 1. What is your base water rate per 1,000 gallons? 2. Is there a minimum or fixed base charge on water? 3. What is your Operation and Maintenance fee on water? 4. What is your base sanitary sewer rate per 1,000 gallons? 5. Is there a minimum or fixed base charge on sewer? 6. What is your base storm sewer rate? 7. How often do you bill? 8. What are your late fees? 9. What is your turn off fee? 10. What are your turn on fees during business hours? 11. What are your turn on fees after business hours? 12. Do you charge a capital fee? How much is your capital fee? 13. What is your water source? 14. What is your purchase rate? Antioch $3.07 $12.00 $4.92 for users connected to Antioch's sewer, $6.55 for users connected to Lake County sewer.$26.00 Bi-Monthly. 10% of current charges.$100.00 Turn on included in turn off fee.Ground Water. Arlington Heights $6.39 No.$5.20 $1.65 No.$12.50 Bi-Monthly.10%$50.00 $50.00 Same.No.Evanston $1.35 per tgal. Barrington $3.74 $9.44 We consider it part of our fixed fee.$7.02 $4.77 No storm sewer charge Monthly.10% We do not have a turn off/on fee only a $50 service charge once you are notified that your water will be shut off.See turn off fee. We do not offer after- hours turn on.No.Village well.N/A. Buffalo Grove $5.12 No.N/A. 0 for cook co, $4.08 lake co.No. $5.08 per month residential, variable for multi family, commercial/ industrial. Residential bimonthly, multi fam/ commercial/industrial monthly. 10% of outstanding balance 0 $50 $100 No. North west water commission.1.20/thousand gal. Crystal Lake $5.16 $7.57/month.N/A.$5.17 $9.03/month.N/A.Monthly.20% of balance.$100 $100 $100 N/A.Well N/A. Des Plaines $6.91 $34.58 (if usage is less than 3,740 gallons)$2.94 $1.22 No.$0.76 Bi-Monthly.10%N/A.$50 $75 No fee. Lake Michigan via City of Chicago, and Evanston/Northwest Water Commission.$3.97 Glencoe $4.90 per quarter per 1,000 cubic feet. Fixed Charge (5/8 Inch Water Meter) - Per Quarter $15.86 Fixed Charge (3/4 Inch Water Meter) - Per Quarter $21.26 Fixed Charge (1 Inch Water Meter) - Per Quarter $21.26 Fixed Charge (1-1/2 Inch Water Meter) - Per Quarter $26.71 Fixed Charge (2 Inch Water Meter) - Per Quarter $41.42 Fixed Charge (3 Inch Water Meter) - Per Quarter $150.42 Fixed Charge (4 Inch Water Meter) - Per Quarter $190.75 None.$11.00 Per Quarter.No.None.Quarterly.10%None.$100.00 $175.00 No capital fee charged. Recently implemented fixed charges. Lake Michigan. Water production for Glencoe residents at this time. Glenview $6.87 Meter Size Water .625" and .75"S $12.00 .75" $17.13 1.0" $26.20 1.5" $59.06 2.0" $107.95 3.0" $245.93 4.0" $421.57 6.0" $698.97 8.0" $977.53 $1.39 Meter Size Sewer .625" and .75"S $7.64 .75" $10.90 1.0" $16.67 1.5" $37.58 2.0" $68.68 3.0" $156.46 4.0" $268.20 6.0" $444.68 8.0" $621.90 Quarterly. A 10 percent penalty will be added to the current unpaid bill if payment is not received in full by the due date.$40 $40 $250 Lake Michigan through the Village of Wilmette.1.392 (2018 rate) Lake Forest Effective 5/1/19, base residential rate is $4.50 per 1000 gallons (first 10k gallons per quarter). All water accounts pay a fixed charge per quarter based on meter size. Minimum is $43/quarter effective 5/1/19.Not applicable. $1.16 per 1000 gallons, based on winter usage. All sewer accounts pay a fixed charge per quarter based on meter size. Minimum is $5/quarter effective 5/1/19. No storm sewer charge Quarterly 10% of balance $75 to turn off $75 to turn on $100 Not applicable.Lake Michigan.N/A - we produce water. Lake Zurich Water and sewer combined as one rate. $7.00/1,000 gallons for ops and maintenance $2.10/1,000 gallons for debt service $4.90/1,000 gallons for capital $14.00/1,000 gallons TOTAL WATER AND SEWER RATE. Minimum bill is 2,000 gallons (water and sewer).See #1.See #1.See #2.N/A.Monthly.10% of balance. $20 for tagging for shut off and $50 for turn-on fee.$50 $50 - Rare occasions only. See #1 Component of total rate for water and sewer: $4.90/1,000 gallons. Deep well aquifer. Pump and treat locally.N/A. Libertyville •First 4,000 gallons - $2.66 per 1,000 gallons •5,000 to 8,000 gallons - $5.31 per 1,000 gallons •9,000 gallons and more - $7.97 per 1,000 gallons.$24.93 Bi-Monthly Fee. N/A. •Each additional 1,000 gallons - $5.87. •Rate includes $0.37/ 1000 gallon Lake County Public Works Sewer Agreement Fee. Bi-monthly Fee - $9.51 N/A.Bi-Monthly. Upon request 1 late fee may be waived per fiscal year or 10%.$50.00 $50.00 $50.00 N/A. Central Lake County Joint Action Water Agency.$2.83 Lincolnshire Residential - $6.50 water.4000 gallons of water.N/A.$6.18 4000 min.N/A.Monthly.10%$25 $25 No additional charges $25.None. Lake Michigan / City of Highland Park. Lincolnwood $8.69 $13.95 0 $1.00 0 0 Quarterly.0 $100 150 + 2 hours of OT rate.$3.15 Chicago.$3.94 Attachment 1 Page 4 of 10 Water and Sewer Rates Survey May 2019 Municipality 1. What is your base water rate per 1,000 gallons? 2. Is there a minimum or fixed base charge on water? 3. What is your Operation and Maintenance fee on water? 4. What is your base sanitary sewer rate per 1,000 gallons? 5. Is there a minimum or fixed base charge on sewer? 6. What is your base storm sewer rate? 7. How often do you bill? 8. What are your late fees? 9. What is your turn off fee? 10. What are your turn on fees during business hours? 11. What are your turn on fees after business hours? 12. Do you charge a capital fee? How much is your capital fee? 13. What is your water source? 14. What is your purchase rate? Mount Prospect $10.33 Base monthly fee is based on meter size. See chart below. 5/8 inch meter $4.00 3/4 inch meter $4.00 1 inch meter $4.00 11/2 inch meter $6.00 2 inch meter $9.00 3 inch meter $29.00 4 inch meter $37.00 6 inch meter $55.00 8 inch meter $75.00 We do not have a separate operation and maintenance fee. The cost of operation and maintenance is figured into the volumetric and fixed rate.$2.09 $5.00 We do not have a storm water utility fee.Once a month. Fee for late payment: 10% of the total amount of such charges shall be due in addition to the charges for such services. If you are referring to delinquent accounts the cost is $100. Which includes the cost to turn the water back on once the account is paid. If you are referring to a property that requests their water be turned off there is no charge. If you are referring to delinquent accounts the turn on fees are included in the $100 that is charged when the property is turned off. If you are referring to a property that requests their water be turned on there is no charge. If you are referring to delinquent accounts the turn on fees are included in the $100 that is charged when the property is turned off. If you are referring to a property that requests their water be turned on there is no charge.No. Lake Michigan water from City of Chicago via NSMJAWA. Description of Materials/Services WATER 96,006,000 gallons $385,360 POWER 10,451 PLANT 17,529 ADMIN 10 021 SUB-TOTAL $423,361 FIXED 118,076 TOTAL $541,437 COST PER (1000) GAL. $5.64 Rolling Meadows $12.36 per 1,000 gallons for the first 15,000 gallons; and $14.12 per 1,000 gallons for gallons over 15,001.Yes. $2.00 per account/per month. $3.62 per 1,000 gallons for the first 15,000 gallons; and $4.28 per 1,000 gallons for gallons over 15,001.Yes. $1.00 per account /per month.Monthly. 10% of the past due amount. $75.00 and up based on the number of offenses.See attached.No. JAWA - City of Chicago. $5.91 per 1,000 gallons from JAWA. Schaumburg $10.49 Yes, $7.40. We call it a service charge.No additional fees.$2.17 No.$0 Monthly.10% The turn-off and turn- on fee in total is $50. The turn-off and turn- on fee in total is $50. The after-hours turn-off and turn-on fee in total is $75.No. Lake Michigan via NSMJAWA. Varies by usage, but a good average is $5.55/1,000 gallons. Streamwood Combined water & Sewer rate: Residential. = $14.39 Commercial = $12.88 Industrial = $9.03 Govt entity = $9.19 2000 gallons.N/A.Combined with water.Combined with water.None.Monthly.10%None.$60 $120 No. NSMJAWA - Chicago (Lake Michigan).$5.60/1000 gallons. Wheeling $6.24 per 1,000 gallons.3,000 gallons minimum charge.N/A. $1.54 per 1,000 gallons. 3,000 gallons minimum charge.$2.75 per month.Bi-monthly. 10% water, sewer and storm.$68.50 $68.50 $136.75 after 3 p.m.No. Northwest Water Commission (Lake Michigan). $1.38 per 1,000 gallons ($1,757,245.00/1,272,233). Attachment 1 Page 5 of 10 Wa t e r / Se w e r Ra t e Co m p a r i s o n ≤1" Me t e r Si z e Wa t e r Wa t e r W a t e r S a n . Se w e r S t o r m Se w e r Wa t e r Me t e r W a t e r W a t e r S a n . Se w e r W a t e r / S e w e r Co n s u m p t i o n S u p p l y Ra t e O & M Ra t e R a t e R a t e T o t a l Ra t e , ≤ 1" Su p p l y Ra t e O & M Ra t e R a t e C a p i t a l Fee T o t a l Monthly Bi ‐Monthly (U n i t s ) ( $ / Un i t ) ( $ / Un i t ) ( $ / Un i t ) ( $ / Un i t ) ( $ ) ($ 4 . 0 7 / Mo n t h ) ( $ / Un i t ) ( $ / Un i t ) ( $ / Un i t ) ( $ / Unit) ( $ ) Difference D i f f e r e n c e 1 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 2 7 . 3 5 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 4 . 9 4 ‐$6.20 ‐$12.40 2 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 2 7 . 3 5 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 2 1 . 7 5 ‐$2.80 ‐$5.60 3 2 . 9 7 3 2. 2 0 0 . 9 1 0 . 5 7 2 7 . 3 5 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 2 8 . 5 5 $0.60 $ 1 . 2 0 4 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 2 7 . 3 5 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 3 5 . 3 5 $4.00 $ 8 . 0 1 5 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 3 3 . 2 7 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 4 2 . 1 6 $4.45 $ 8 . 8 9 6 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 3 9 . 9 2 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 4 8 . 9 6 $4.52 $ 9 . 0 4 7 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 4 6 . 5 7 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 5 5 . 7 6 $4.60 $ 9 . 1 9 8 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 5 3 . 2 2 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 6 2 . 5 6 $4.67 $ 9 . 3 4 9 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 5 9 . 8 8 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 6 9 . 3 7 $4.74 $ 9 . 4 9 10 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 6 6 . 5 3 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 7 6 . 1 7 $4.82 $ 9 . 6 4 11 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 7 3 . 1 8 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 8 2 . 9 7 $4.90 $ 9 . 7 9 12 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 7 9 . 8 4 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 8 9 . 7 8 $4.97 $ 9 . 9 4 13 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 8 6 . 4 9 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 9 6 . 5 8 $5.04 $ 1 0 . 0 9 14 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 9 3 . 1 4 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 0 3 . 3 8 $5.12 $ 1 0 . 2 4 15 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 9 9 . 8 0 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 1 0 . 1 9 $5.20 $ 1 0 . 3 9 16 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 1 0 6 . 4 5 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 1 6 . 9 9 $5.27 $ 1 0 . 5 4 17 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 1 1 3 . 1 0 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 2 3 . 7 9 $5.34 $ 1 0 . 6 9 18 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 1 1 9 . 7 5 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 3 0 . 5 9 $5.42 $ 1 0 . 8 4 19 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 1 2 6 . 4 1 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 3 7 . 4 0 $5.49 $ 1 0 . 9 9 20 2 . 9 7 3 2 . 2 0 0 . 9 1 0 . 5 7 1 3 3 . 0 6 8. 1 4 2 . 9 7 3 2 . 2 2 0 . 9 1 0 . 7 0 1 4 4 . 2 0 $5.57 $ 1 1 . 1 4 Cu r r e n t Wa t e r / Se w e r Ra t e (B i ‐mo n t h l y ) Pr o p o s e d Wa t e r / Se w e r Ra t e (B i ‐Monthly)Cost Difference At t a c h m e n t 2 Page 6 of 10 1 CITY OF DES PLAINES ORDINANCE M - 49 - 19 AN ORDINANCE AMENDING THE CITY CODE REGARDING WATER RATES AND STORM SEWER FEES. WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Section 9-1-7 of the City Code of the City of Des Plaines, as amended ("City Code"), sets forth the rates charged for water used from the City’s waterworks system ("Rates"); and WHEREAS, Section 9-3-5 of the City Code sets forth a storm sewer fee charged to all consumers of water within the City’s corporate limits ("Storm Sewer Fee"); and WHEREAS, the City desires to amend the City Code to repeal the Storm Sewer Fee; and WHEREAS, in order to offset lost revenue from the repeal of the Storm Sewer Fee and to ensure that sufficient revenue remains available, the City desires to further amend the City Code to establish a fixed rate billing system, increase water operation and maintenance charges, and establish a new capital improvement fee; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the City Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the City Council. SECTION 2: RATES. Title 9, titled “Public Utilities,” Chapter 1, titled “Water System Regulations,” Section 7, titled “Rates” of the City Code is hereby amended and shall read as follows: "9-1-7: RATES: All persons connecting with the water system of the city or taking and using water from the city waterworks system shall pay for such water, as measured by the aforementioned meter, at the rates or fees set forth in this section. A. Inside Corporate Limits: For all consumers of water residing within the corporate limits of the city, the following rate or fee shall apply: Page 7 of 10 Additions are bold and double-underlined; deletions are struck through. 2 1. For all water usage after January 1, 2013, the retail rate per one hundred (100) cubic feet of water is the amount equal to the rate charged per one hundred (100) cubic feet of water by the city of Chicago for the supply of water to the city, as such rate may be amended from time to time, plus a water system operating and maintenance charge of two dollars twenty cents ($2.20) per one hundred (100) cubic feet of water. the applicable rates and fees listed in the tables below: 2. For all water usage after January 1, 2013, a consumer of water who uses not more than five hundred (500) cubic feet of water in any two (2) month billing period shall be charged a minimum fee for any amount of water used during that two (2) month billing period in an amount equal to the product of the retail rate defined in subsection A1 of this section multiplied by five (5). Monthly Fixed Facility Charge Water Meter Size Rate ≤ 1" Meter $4.07 1 1/2" Meter $17.46 2" Meter $23.28 3" Meter $58.19 4" Meter $116.38 6" Meter $232.76 ≥ 8" Meter $314.23 Operation and Maintenance Rates Per 100 cubic feet of water January 1, 2020 to December 31, 2020 $2.22 January 1, 2021 to December 31, 2021 $2.23 January 1, 2022 to December 31, 2022 $2.24 January 1, 2023 to December 31, 2023 $2.25 January 1, 2024 to December 31, 2024 $2.26 Page 8 of 10 Additions are bold and double-underlined; deletions are struck through. 3 Capital Improvement Fees Per 100 cubic feet of water January 1, 2020 to December 31, 2020 $0.70 January 1, 2021 to December 31, 2021 $0.80 January 1, 2022 to December 31, 2022 $0.90 January 1, 2023 to December 31, 2023 $1.00 January 1, 2024 to December 31, 2024 $1.10 B. Outside Corporate Limits, Retail Consumers: For all retail consumers of water residing outside the corporate limits of the city, the following rate or fee shall apply: 1. For all water usage after January 1, 2013, Tthe retail rate per one hundred (100) cubic feet of water is the amount equal to the product of the retail rate defined in subsection A1 of this section multiplied by two (2). 2. For all water usage after January 1, 2013, a consumer of water who uses not more than five hundred (500) cubic feet of water in any two (2) month billing period shall be charged a minimum fee for any amount of water used during that two (2) month billing period in an amount equal to the product of the fee defined in subsection A2 of this section multiplied by two (2). * * *” SECTION 3: REPEALER. Section 5, titled “Storm Water Fee,” of Chapter 3, titled “Stormwater Conveyance Systems,” of Title 9, titled “Public Utilities,” is hereby repealed in its entirety and reserved for future use. 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 will be in full force and effect from and after the occurrence of both: (a) its passage, approval, and publication in pamphlet form according to law; and (b) January 1, 2020. [SIGNATURE PAGE FOLLOWS] Page 9 of 10 Additions are bold and double-underlined; deletions are struck through. 4 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 Amending Water Rates and Deleting Storm Sewer Fee Page 10 of 10 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: December 6, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Michael McMahon, Community and Economic Development Director Jonathan Stytz, Planner Subject: Text Amendment to Allow the Keeping of Chicken Hens (Citywide) Issue: The City of Des Plaines Municipal Code currently prohibits the keeping of fowl to raise, maintain, or store on any property within the City limits under Section 6-1-1(A), except for educational purposes. The City of Des Plaines is requesting a Text Amendment to add Section 6-1-1(D) to allow the keeping of chicken hens under certain regulations. Additional regulations, including certification and courtesy notice requirements, and amendments have been noted in Ordinance M-50-19 to reflect the motion made by City Council at the December 2, 2019 meeting. Analysis: PIN: Citywide Petitioner: City o f Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Case Number: #19-080-TA Project Description: The City’s municipal code prohibits the keeping of fowl throughout the City, with the exception for educational purposes as specified in Section 6-1-1(A): “6-1-1: ANIMALS RESTRICTED WITHIN CITY: A. Fowl: It shall be unlawful and it is hereby declared to be a nuisance to raise, maintain or have upon any property within the city any chickens, ducks, geese, guinea hens, pigeons or other similar fowl; provided, however, that it is not unlawful to keep, for educational purposes, up to six (6) chicken hens on any property located within the city that is greater than fifteen (15) acres and is listed on the national register of historic places.” In recent years, there has been a growing trend in keeping chickens for personal use and for the consumption of eggs. Municipalities vary in their stance on the MEMORANDUM Page 1 of 6 UNFINISHED BUSINESS #2. allowance of chickens, from banning the practice to permitting them, with standards such as the maximum number of chickens that can be kept and enclosure requirements. Some require permits or licenses to maintain any fowl while others allow a certain number of fowl on residential properties by right. Some municipalities share similarities in coop and enclosure size, cleanliness, location on property, and food storage regulations. Many ordinances limit the size of these structures to 100 square feet, require continual maintenance of these structures, require screening from streets, require a minimum setback distance of these structures from the property lines, and require the installation of rodent- free containers for food. The City of Des Plaines’ most recent effort to allow the keeping of chicken hens in the City occurred in 2017. On August 7, 2017, the City of Des Plaines City Council met to discuss a request by a number of Des Plaines residents to allow the keeping of chicken hens. Staff was directed to prepare an ordinance creating a three-year pilot program to allow the keeping of chicken hens. Ordinance M- 19-17 was prepared to amend Section 6-1-1 of the Des Plaines Municipal Code to set forth regulations for the pilot program. The ordinance failed on September 18, 2017. Amendments to the Animal Control Chapter In October 2019, staff was asked to revisit the topic and prepare this memo along with the attached ordinance for consideration at the December 2, 2019 City Council meeting. Staff met to review the suggested regulations outlined in the Ordinance M-19-17. Below are the proposed amendments and additions to Section 6-1-1 of the Municipal Code. 6-1-1: Animals Restricted Within City Amend: “6-1-1(A) – Fowl A. Fowl: It shall be unlawful and it is hereby declared to be a nuisance to raise, maintain or have upon any property within the city any chickens, ducks, geese, guinea hens, pigeons or other similar fowl except as provided in Section 6-1-1(D); provided, however, that it is not unlawful to keep, for educational purposes, up to six (6) chicken hens on any property located within the city that is greater than fifteen (15) acres and is listed on the national register of historic places.” Add: “6-1-1(D) – Chicken Hens D. Chicken Hens: For a period of three years beginning March 1, 2020, it shall be unlawful and is hereby declared to be a nuisance to raise, maintain, or have upon any property within the city any chickens except under the following conditions: 1. Permit Required. Residents must obtain a permit from the Department of Community and Economic Development, which will issue no more than 100 permits. 2. Permit Fee. Payment of a non-refundable $35.00 permit fee is required. 3. Permits will only be issued to single-family residences located in the R-1 Zoning District. Page 2 of 6 4. No more than four (4) hens are permitted per zoning lot. 5. Roosters are prohibited. 6. Slaughtering of chickens is prohibited. 7. Hens must be kept in an enclosure and provided a coop. a. Size. Enclosures may not exceed 100 square feet and coops may not exceed 24 square feet in area and 8 feet in height. b. Location. Coops and enclosures must not be visible from the street, must be located in a fenced rear yard, and must comply with all applicable setback requirements set forth in Section 12-8-1(C). 8. Sanitary Conditions. Coops and enclosures shall be maintained in clean and sanitary condition at all times. 9. Violations. If the permit holder is found to be in violation of this Section 6-1-1(D) three times, the City Manager may, at his discretion, revoke the permit.” At the December 2, 2019 City Council meeting, a floor amendment to Ordinance M-50-19 was made to add two additional regulations as follows: 3. Certification Required. Applicants for permits pursuant to this section must sign a certification acknowledging and attesting to the following: (i) The applicant received best practice and training information from the City; and (ii) The applicant provided a courtesy notice, at least two weeks prior to the date of application, to the owners of adjoining property stating the applicant’s intention to apply for a permit to keep hens pursuant to this section. 11. Violations. In addition to any other penalties that may apply under this Code, if the permit holder is found to be in violation of this section 6-1-1.D, the City Manager may revoke the permit. The City Manager requested a provision that allows for the expiration of any permit as follows: 5. Expiration of Permit. Every permit issued pursuant to this section will become void and invalid unless the enclosure and coop required by subsection D.9 of this section are installed within 180 days after the issuance of the permit, or if the keeping of hens is suspended or abandoned for a period of 180 days. Recommendation: I recommend approval of Ordinance M-50-19 of the proposed text amendment to add Section 6-1-1(D) to allow the keeping of chicken hens under certain regulations. Attachments: Attachment 1: Ordinance M-50-19 Amended Page 3 of 6 CITY OF DES PLAINES ORDINANCE M - 50 - 19 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 OF THE CITY CODE REGARDING THE KEEPING OF CHICKENS.__________________________________________ WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Section 6-1-1 of the City of Des Plaines City Code, as amended ("City Code"), restricts the types of animals that may be kept within the City including chickens, which are prohibited except for educational purposes on historic properties; and WHEREAS, the City desires to amend Section 6-1-1 of the City Code to allow, for a period of three years, the keeping of chickens in the R-1 District subject to certain conditions (“Amendments”); and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Amendments 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: ANIMALS RESTRICTED WITHIN THE CITY. Section 1, titled “Animals Restricted Within the City,” of Chapter 1, titled “Animal Control,” of Title 6, titled “Police Regulations” of the City Code is hereby amended to read as follows: “6-1-1: ANIMALS RESTRICTED WITHIN THE CITY A. Fowl: It shall be unlawful and it is hereby declared to be a nuisance to raise, maintain or have upon any property within the city any chickens, ducks, geese, guinea hens, pigeons or other similar fowl except as provided in section 6-1-1.D; provided, however, that it is not unlawful to keep, for educational purposes, up to six (6) chicken hens on any property located within the city that is greater than fifteen (15) acres and is listed on the national register of historic places. * * * D. Chicken Hens: For a period of three years beginning March 1, 2020 and ending April 30, 2023, it shall be unlawful and is hereby declared to be a Attachment 1 Page 4 of 6 nuisance to raise, maintain, or have upon any property within the city any chickens except under the following conditions: 1. Permit Required. Residents must obtain a permit from the Department of Community and Economic Development, which will issue no more than 100 permits. 2. Permit Fee. Payment of a non-refundable $35.00 permit fee is required. 3. Certification Required. Applicants for permits pursuant to this section must sign a certification acknowledging and attesting to the following: (i) The applicant received best practice and training information from the City; and (ii) The applicant provided a courtesy notice, at least two weeks prior to the date of application, to the owners of adjoining property stating the applicant’s intention to apply for a permit to keep hens pursuant to this section. 4. Permits will only be issued to single family residences located in the R-1 Zoning District. 5. Expiration of Permit. Every permit issued pursuant to this section will become void and invalid unless the enclosure and coop required by subsection D.9 of this section are installed within 180 days after the issuance of the permit, or if the keeping of hens is suspended or abandoned for a period of 180 days. 6. No more than four hens are permitted per zoning lot. 7. Roosters are prohibited. 8. Slaughtering of chickens is prohibited. 9. Hens must be kept in an enclosure and provided a coop. (i) Size. Enclosures may not exceed 100 square feet and coops may not exceed 24 square feet in area and 8 feet in height. (ii) Location. Coops and enclosures must not be visible from the street, must be located in a fenced rear yard, and must comply with all applicable setback requirements set forth in section 12-8-1.C. 10. Sanitary Conditions. Coops and enclosures shall be maintained in clean and sanitary condition at all times. 11. Violations. In addition to any other penalties that may apply under this Code, if the permit holder is found to be in violation of this section 6-1-1.D, the City Manager may revoke the permit.” SECTION 3. 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. Attachment 1 Page 5 of 6 SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] 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 Amending Chapter 13 of Title 2 of the City Code Regarding the Powers and Duties of the EDC Attachment 1 Page 6 of 6 FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: December 5, 2019 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-207-19, December 16, 2019 Warrant Register Recommendation: I recommend that the City Council approve the December 16, 2019 Warrant Register Resolution R-207-19. Warrant Register……………………………$3,884,208.89 MEMORANDUM Estimated General Fund Balance Balance as of 10/31/2019: $26,888,927 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 27 NEW BUSINESS #1A. CITY OF DES PLAINES RESOLUTION R-207-19 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. December 16, 2019 Page 2 of 27 Line #Vendor Invoice Invoice Description Amount 1 4160 Real Estate Transfer Tax 8027 Fisz, Esther Refund 11/20/19 Real Estate Transfer Tax Refund 11/20/2019 368.00 2 4631 Nonresident Ambulance Fees 1459 Blue Cross Blue Shield of Illinois 179378A Medical Reimbursement DOS 03/08/2017 869.20 3 4849 Miscellaneous Revenues 8028 Zadrozny Law Firm LLC Refund 11/26/19 Real Estate Transfer Stamp Refund 11/26/2019 5.00 1,242.20 4 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 577.38 5 7000 Office Supplies 1644 Warehouse Direct Inc 4487243-0 2020 Calendar, Forks, Napkins 9.33 6 7200 Other Supplies 1644 Warehouse Direct Inc 4487243-0 2020 Calendar, Forks, Napkins 10.03 596.74 7 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 56.71 8 6100 Publication of Notices 1050 Journal & Topics 182016 Legal Notice - Civic Center Parking Replacement 11/06/2019 77.90 9 6100 Publication of Notices 1050 Journal & Topics 182017 Legal Notice - Proposed Property Tax Levy 11/06/2019 320.80 455.41 1,052.15 10 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 64.05 11 7000 Office Supplies 1644 Warehouse Direct Inc 4498790-0 1 Carton of Copy Paper 47.59 111.64 12 6005 Legal Fees 3447 Holland & Knight LLP 5923636 10-19 Non-Retainer ETSB Restructuring 880.00 13 6005 Legal Fees 3447 Holland & Knight LLP 5923668 10-19 Non-Retainer Matters 80.00 14 6005 Legal Fees 3447 Holland & Knight LLP 5923669 10-19 Non-Retainer IEMA & FEMA Review Phase 3 616.00 15 6005 Legal Fees 3447 Holland & Knight LLP 5923671 10-19 Reimb Redevelopment 131.00 City of Des Plaines Warrant Register 12/16/2019 Account Fund: 100 - General Fund Department: 00 - Non Departmental Division: 120 - City Clerk Total 120 - City Clerk Total 10 - Elected Office Total 00 - Non Departmental Elected Office Division: 110 - Legislative Total 110 - Legislative Division: 220 - Legal City Administration Division: 210 - City Manager Total 210 - City Manager Page 3 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 16 6005 Legal Fees 3447 Holland & Knight LLP 5923679 10-19 Non-Retainer Litigation 2,244.00 17 6005 Legal Fees 3447 Holland & Knight LLP 5923688 10-19 Non-Retainer Matters 1,303.50 18 6005 Legal Fees 3447 Holland & Knight LLP 5924676 10-19 Non-Retainer Matters 5,118.00 19 6005 Legal Fees 3447 Holland & Knight LLP 5933038 11-19 Non-Retainer ETSB Restructuring 192.50 20 6005 Legal Fees 3447 Holland & Knight LLP 5933069 11-19 Non-Retainer Litigation 525.00 21 6005 Legal Fees 3447 Holland & Knight LLP 5933072 11-19 Non-Retainer Matters 1,254.00 22 6005 Legal Fees 3447 Holland & Knight LLP 5933076 11-19 Non-Retainer 400 Lee Street Transfer 58.90 23 6005 Legal Fees 3447 Holland & Knight LLP 5933078 11-19 Non-Retainer Litigation 1,020.00 24 6005 Legal Fees 3447 Holland & Knight LLP 5933082 11-19 Non-Retainer Matters 1,127.50 25 6005 Legal Fees 3447 Holland & Knight LLP DEC 2019 RET December 2019 Retainer 18,500.00 26 6005 Legal Fees 3447 Holland & Knight LLP NOV 2019 RET November 2019 Retainer 18,500.00 27 6005 Legal Fees 3447 Holland & Knight LLP OCT 2019 RET October 2019 Retainer 18,500.00 28 6009 Legal Fees - Admin Hearings / Prosecutions 1073 Bartel, Raymond 19-22 Legal Services 11/15 - 11/22/2019 2,192.50 29 6009 Legal Fees - Admin Hearings / Prosecutions 3447 Holland & Knight LLP 5933068 11-19 Non-Retainer Administrative Hearings 1,680.00 73,922.90 30 5325 Training 3549 Global Knowledge Training LLC 22085868 IT Staff Cisco Training 11/04/2019 2,995.00 31 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 410.23 32 6305 R&M Equipment 4715 SHI International Corporation B10875970 Palo Alto Fire Wall Maintenance 11/12/19 - 11/12/20 12,054.72 33 6305 R&M Equipment 7910 BeyondTrust Corporation IN0010958 Remote Support Maintenance Renewal 07/31/2019 - 07/31/2020 2,178.55 17,638.50 34 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 18259 One Media Services Attendee at Holiday Luncheon 11/20/19 35.00 35 6000 Professional Services 5826 Granicus Inc 119235 Milestone 1 of 4-Website Design & Implementation Starts 10/31/19 2,400.00 Total 220 - Legal Division: 230 - Information Technology Total 230 - Information Technology Division: 240 - Media Services Page 4 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 36 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 253.49 37 6108 Public Relations & Communications 5079 RV Enterprises Ltd 11190132 100 Retractable Badge Holders 274.00 38 6108 Public Relations & Communications 5079 RV Enterprises Ltd 11190143 250 Printed Tote Bags 919.75 39 7000 Office Supplies 1644 Warehouse Direct Inc 4498055-0 Post It Pads, Legal Pads, and Copier Paper 76.08 3,958.32 40 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 64.05 64.05 41 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 64.05 42 7000 Office Supplies 1644 Warehouse Direct Inc 4499691-0 (4) Cartons of Copy Paper 137.28 201.33 95,896.74 43 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 130.41 44 7000 Office Supplies 1644 Warehouse Direct Inc 4489588-0 10 Rolls of Tape 19.44 45 7500 Postage & Parcel 1041 Federal Express 6-844-33030 Delivery Service 11/18/2019 20.68 170.53 46 6000 Professional Services 4711 Stivers Staffing Services LLC 000254282 Temporary Building Employee 11/04/19-11/10/19 1,008.00 47 6000 Professional Services 4711 Stivers Staffing Services LLC 000255140 Temporary Building Employee 11/11-11/17/19 806.40 48 6000 Professional Services 3337 HR Green Inc 130828 Temporary Building Inspections & Plan Review - 10/1/19-10/31/19 4,985.60 49 6000 Professional Services 3013 Clauss Brothers Inc 26452-1 Nuisance Abatement - 17 Properties - 10/8-10/25/19 3,724.96 50 6005 Legal Fees 3447 Holland & Knight LLP 5923665 10-19 Non-Retainer Property Enforcement Matters 192.50 Total 250 - Human Resources Division: 260 - Health & Human Services Total 260 - Health & Human Services Total 240 - Media Services Division: 250 - Human Resources Community Development Division: 410 - Building & Code Enforcement Total 20 - City Administration Department: 30 - Finance Total 30 - Finance Page 5 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 51 6005 Legal Fees 3447 Holland & Knight LLP 5923667 10-19 Non-Retainer Property Enforcement Matters 825.50 52 6005 Legal Fees 3447 Holland & Knight LLP 5923674 10-19 Reimb Redevelopment 75.00 53 6005 Legal Fees 3447 Holland & Knight LLP 5923676 10-19 Non-Retainer Property Enforcement Matters 3,315.00 54 6005 Legal Fees 3447 Holland & Knight LLP 5923680 10-19 Non-Retainer Redevelopment 320.00 55 6005 Legal Fees 3447 Holland & Knight LLP 5923683 10-19 Non-Retainer Property Enforcement Matters 880.50 56 6005 Legal Fees 3447 Holland & Knight LLP 5933067 11-19 Non-Retainer Property Enforcement Matters 935.00 57 6005 Legal Fees 3447 Holland & Knight LLP 5933070 11-19 Non-Retainer Property Enforcement Matters 798.00 58 6005 Legal Fees 3447 Holland & Knight LLP 5933073 11-19 Reimb Redevelopment 600.00 59 6005 Legal Fees 3447 Holland & Knight LLP 5933075 11-19 Non-Retainer Property Enforcement Matters 1,402.50 60 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 559.43 61 6195 Miscellaneous Contractual Services 3013 Clauss Brothers Inc 26452-2 Nuisance Abatement - 10/25/2019 -5 Additional Properties 733.46 62 7200 Other Supplies 1076 Sam's Club Direct 11/21/19 Kitchen Utensils, Coffee, Creamer 23.96 21,185.81 63 6000 Professional Services 8020 Enterprise Community Partners, Inc 11/25/19 Cook County Regional Assessment-Fair Housing Phase 1 3/19-11/20/19 455.53 64 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 64.05 65 6100 Publication of Notices 1050 Journal & Topics 182094 Public Notice - Community Dev Grant Prog Yr 2018 - 11/13/2019 138.48 66 6195 Miscellaneous Contractual Services 4070 Cerabona, Gale M 121 Planning & Zoning Board Meeting and Minutes - 11/12/19 96.25 67 7200 Other Supplies 1076 Sam's Club Direct 11/21/19 Kitchen Utensils, Coffee, Creamer 23.96 778.27 Total 410 - Building & Code Enforcement Division: 420 - Planning & Zoning Total 420 - Planning & Zoning Page 6 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 68 5335 Travel Expenses 7534 Ainsworth, Patrick Reimb 11/19/19 Reimbursement - Econ Dev Lunch - 11/19/19 31.05 69 6000 Professional Services 5215 CoStar Realty Information Inc 110259925-1 December 2019 Available Properties Database 381.60 70 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 56.71 71 6601 Incentive - Business Assistance 5218 Via Roma BAP - 11/25/19 Business Assistance Awning Program - 464 E Northwest Hwy 4,567.50 72 7000 Office Supplies 1644 Warehouse Direct Inc 4487069-0 3 Boxes Copy Paper, 2020 Calendars (8), Magnifying Glass 243.71 73 7200 Other Supplies 1076 Sam's Club Direct 11/21/19 Kitchen Utensils, Coffee, Creamer 23.97 5,304.54 27,268.62 74 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 125.20 75 6040 Waste Hauling & Debris Removal 6047 Vintage Tech LLC 21289 Electronics Recycling - 11/13/2019 931.64 76 6300 R&M Software 6055 Axiom Human Resource Solutions Inc 0000029788 Kronos User Fees - October 2019 192.50 1,249.34 77 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 392.09 392.09 78 5340 Pre-Employment Testing 7133 Mid-West Truckers Association Inc P702155 Pre Employment Test - 11/08/2019 78.75 78.75 79 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 514.58 80 6170 Tree Maintenance 6555 Landscape Concepts Management Inc 170440 22 Parkway Tree Removals - 10/15-11/18/2019 12,793.15 81 7035 Supplies - Equipment R&M 1057 Menard Incorporated 46848 Hose Assembly & 8 Pkgs of 100 Gloves 189.17 82 7055 Supplies - Street R&M 1723 Hall Signs Inc 348188 100 Street Sign Posts - Stock 1,900.50 83 7160 Ice Control 5364 Conserv FS Inc 65086515 17.48 Tons Ice Melt 2,272.40 Total 40 - Community Development Public Works & Engineering Division: 100 - Administration Total 100 - Administration Division: 430 - Economic Development Total 430 - Economic Development Total 520 - Geographic Information Systems Division: 530 - Street Maintenance Division: 510 - Engineering Total 510 - Engineering Division: 520 - Geographic Information Systems Page 7 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 84 8015 Equipment 5573 Henderson Products Inc 302334 Anti-Icing Unit - PW 5022 31,454.00 49,123.80 85 6000 Professional Services 3337 HR Green Inc 130827 TO #6 Water Infiltration-City Hall 6th Floor - October 2019 1,391.00 86 6000 Professional Services 3294 AVI Systems Inc 88654811 Drawings/Eng Srvs - Council Chambers - 11/21/2019 1,748.00 87 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 141.00 88 6195 Miscellaneous Contractual Services 5399 Beary Landscape Management 148617 Remove Overgrown Vegetation-Golf & Seeger, Etc - 11/04/2019 940.00 89 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 4035040581 Mat Service - Police Department - 11/13/2019 208.46 90 6315 R&M Buildings & Structures 1025 Bedco Inc 095910 Service Call for No Heat - Police - 11/04/2019 240.00 91 6315 R&M Buildings & Structures 1025 Bedco Inc 095911 Heat Repair - PW - 11/04/2019, R-170-16 240.00 92 6315 R&M Buildings & Structures 1025 Bedco Inc 095912 No Heat - Food Pantry - 11/07/2019 860.35 93 6315 R&M Buildings & Structures 1025 Bedco Inc 095913 Damper Repair - City Hall 6th Floor - 11/08/2019, R-170-16 120.00 94 6315 R&M Buildings & Structures 1025 Bedco Inc 095915 HVAC Service Contract - December 2019, R-170-16 602.50 95 6315 R&M Buildings & Structures 1025 Bedco Inc 095915 HVAC Service Contract - December 2019, R-170-16 602.50 96 6315 R&M Buildings & Structures 1025 Bedco Inc 095923 Service Call - Fire Station #61 - 11/12/2019, R-170-16 120.00 97 6315 R&M Buildings & Structures 1025 Bedco Inc 095924 Service Call - Duct Problem - Police Dept - 11/12/2019, R- 170-16 240.00 98 6315 R&M Buildings & Structures 1025 Bedco Inc 095925 No Heat Service Call - PW - 11/13/2019, R-170-16 180.00 99 6315 R&M Buildings & Structures 1025 Bedco Inc 095938 No Heat Service Call - PW - 11/14/2019, R-170-16 201.15 100 6315 R&M Buildings & Structures 1237 Pro-Line Door Systems Inc 86539 Overhead Door Repair - Fire 63 - 11/01/2019 140.00 101 6315 R&M Buildings & Structures 1237 Pro-Line Door Systems Inc 86675 Repl Complete Brake Kit- Liftmaster Opr-PD Garage 11/13/19 534.80 102 7020 Supplies - Safety 1057 Menard Incorporated 46895 Angle Sponges, Vent Clip, & Nitrile Gloves 16.56 103 7020 Supplies - Safety 1057 Menard Incorporated 47298 Gloves, Glasses, Dust Masks, Etc 121.79 Total 530 - Street Maintenance Division: 535 - Facilities & Grounds Maintenance Page 8 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 104 7020 Supplies - Safety 4093 HD Supply Construction & Industrial- White Cap 50011781458 Hard Hat - Maintenance Operator 34.68 105 7025 Supplies - Custodial 7283 Bella Bagno Inc 125567 2 Floor Mats - PW 312.00 106 7025 Supplies - Custodial 1029 Cintas Corporation 4035040679 30 Microfiber Mop Heads - City Hall 51.75 107 7025 Supplies - Custodial 1029 Cintas Corporation 4035040723 Pulse Mop - City Hall 35.00 108 7025 Supplies - Custodial 1029 Cintas Corporation 4035040726 Cleaners, Paper Towels, Air Freshener, Soap, Mat, Etc. - PW 339.44 109 7025 Supplies - Custodial 1029 Cintas Corporation 4035530611 Soap, Hand Towels and Other Misc Supplies - PW 529.27 110 7025 Supplies - Custodial 1057 Menard Incorporated 47305 Dish Soap & Bleach - City Hall 37.34 111 7025 Supplies - Custodial 5214 State Industrial Products 901257302 Air Freshener & Batteries - City Hall & PW 131.89 112 7030 Supplies - Tools & Hardware 1057 Menard Incorporated 47145 10-Pk AA Batteries & 10-Pk AAA Batteries 16.88 113 7045 Supplies - Building R&M 2028 Northwest Electrical Supply 17446404 2 Switches - PW Salt Dome Lights 4.65 114 7045 Supplies - Building R&M 2028 Northwest Electrical Supply 17446890 Switch, Bulbs, Plate & Cover - Fire Station #62 36.68 115 7045 Supplies - Building R&M 2480 Just Faucets 187822 Faucet Part - City Hall 174.00 116 7045 Supplies - Building R&M 2480 Just Faucets 188526 Slop Sink - Police 12.00 117 7045 Supplies - Building R&M 1057 Menard Incorporated 46895 Angle Sponges, Vent Clip, & Nitrile Gloves 22.88 118 7045 Supplies - Building R&M 1057 Menard Incorporated 46911 GooGone, Angle Sponge, & Paint - City Hall 5th Floor Repairs 28.40 119 7045 Supplies - Building R&M 1057 Menard Incorporated 46926 10 Cases Water, Plates, Toggle and Rods 17.89 120 7045 Supplies - Building R&M 1057 Menard Incorporated 47199 Red, Green, White Wire & Socket Adapter Set - Fire 62 84.70 121 7045 Supplies - Building R&M 1057 Menard Incorporated 47260 2 Motion Sensors - PW 35.98 122 7045 Supplies - Building R&M 1057 Menard Incorporated 47513 Outlet Covers, Connectors, Anchors - City Hall Council Chambers 52.18 123 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7020037 Wire & Electric Parts - City Hall Council Chambers 285.57 124 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/044575 2 Point Fusible Switch - Police Elevator Room 44.54 125 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/044588 Electric Tubing, Set Screws, Boxes, Clamp & Strap- City Hall 189.10 Page 9 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 126 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/044594 2 Boxes, 2 Covers, 25 Clamps, Screws & Electric Pipes-City Hall 86.86 127 7110 Natural Gas 1064 Nicor 11/21/19 x500000 Natural Gas Service 10/10- 11/11/2019 1,757.87 128 7140 Electricity 1033 ComEd 0459113083- 11/19 Electricity Service 10/11- 11/11/2019 10,111.77 129 7140 Electricity 1033 ComEd 2607132134- 11/19 Electricity Service 10/02- 10/31/2019 131.59 130 7140 Electricity 1033 ComEd 2685017085- 11/19 Electricity Service 10/03- 11/01/2019 166.50 131 7140 Electricity 1033 ComEd 4974507003- 11/19 Electricity Service 10/03- 11/01/2019 373.30 132 7140 Electricity 1033 ComEd 5222730006- 1019A Electricity Service 10/01- 10/30/2019 151.11 133 7140 Electricity 1033 ComEd 5310652035- 11/19 Electricity Service 10/03- 11/01/2019 28.94 134 7140 Electricity 1033 ComEd 5310653096- 11/19 Electricity Service 10/03- 11/01/2019 28.94 135 7140 Electricity 1033 ComEd 5310654039- 11/19 Electricity Service 10/03- 11/01/2019 48.50 136 7140 Electricity 1033 ComEd 5310655063- 11/19 Electricity Service 10/03- 11/01/2019 83.09 137 7200 Other Supplies 1057 Menard Incorporated 46926 10 Cases Water, Plates, Toggle and Rods 24.90 24,118.30 138 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 124.72 139 6135 Rentals 1029 Cintas Corporation 4035182550 Mechanic's Uniform Rental - 11/18/2019 171.69 140 6135 Rentals 1029 Cintas Corporation 4035819468 Mechanic's Uniform Rental - 11/25/2019 171.69 141 6305 R&M Equipment 6598 Cummins Inc F2-28569 Generator Maintenance - Police Generator 6101 - 10/30/2019 360.00 142 6310 R&M Vehicles 1643 Golf Mill Ford 794071 Programmed Key - Fire 7512 127.36 143 7030 Supplies - Tools & Hardware 1062 NAPA of Des Plaines 5741-745683 Booster Pac Charger 185.99 144 7030 Supplies - Tools & Hardware 1550 Addison Building Material Co 918601 2 Extension Cords 62.98 145 7035 Supplies - Equipment R&M 4330 City Limits Systems Incorporated 10275 165 Units of Pressure Washer Soap - 5PW1 299.80 146 7035 Supplies - Equipment R&M 1154 West Side Tractor Sales W77945 Bolts, Washers, Spacers, Keepers & Oil - PW 5027 432.61 147 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000242660 4 Blue Lamps - PD Stock 334.51 Total 535 - Facilities & Grounds Maintenance Division: 540 - Vehicle Maintenance Page 10 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 148 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 01_80668 Brake Pads & Rotors, Seals, Gaskets & More - PW Stock/Fire 7801 1,618.94 149 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 01_80668 Brake Pads & Rotors, Seals, Gaskets & More - PW Stock/Fire 7801 88.80 150 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 1-0113782 Brake Pads & Rotors, 3 Air Filters - PW Stock 658.62 151 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132592905 275 Gals 15W40 Bulk Oil - Stock 1,389.30 152 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-415985 Starter & Core - Police 6512 151.12 153 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 280103915 16 Tires - Police 2,318.76 154 7040 Supplies - Vehicle R&M 4280 Rush Truck Centers of Illinois Inc 3017353574 Turbo Kit & Core - PW 5057 2,728.50 155 7040 Supplies - Vehicle R&M 4280 Rush Truck Centers of Illinois Inc 3017369256 Exhaust Pipe & Clamp - PW 5057 344.90 156 7040 Supplies - Vehicle R&M 4280 Rush Truck Centers of Illinois Inc 3017386903 Returned Core - PW 5057 (465.50) 157 7040 Supplies - Vehicle R&M 4280 Rush Truck Centers of Illinois Inc 3017423589 Oil Feed Line - PW 5057 167.74 158 7040 Supplies - Vehicle R&M 1057 Menard Incorporated 46954 3 Threaded Rods, 4 Coupling Nuts - PW 5114 26.04 159 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 471751P Screen, Pan & Gasket - PW 5067 128.21 160 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 472110P Lumbar Seat Support - Police 6070 42.22 161 7040 Supplies - Vehicle R&M 3480 Moore Industrial Hardware 505518 Stanchions, Gaskets & Brackets - Fire 7601 553.41 162 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-745675 Fiberglass Repair Kit - PW 5045 31.00 163 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-746018 Battery, Starter & Core - CED 2025 277.45 164 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-746418 Filters, Lights, DEF & Adapters - Stock 592.08 165 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-746520 Air Filter - Stock 28.04 166 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 7545404 Brass Fittings, Pens, Electrical Connectors, Etc. - Stock 190.06 167 7040 Supplies - Vehicle R&M 5823 Interstate Power Systems Inc C042038918:01 Filters, Drain Plug, Transmission Fluid - Police Stock 2,011.18 168 7120 Gasoline 5415 Gas Depot Inc 75419-1 5,002 Gals Unleaded Fuel - 11/15/2019, R-179-18 9,502.38 Page 11 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 169 7130 Diesel 5415 Gas Depot Inc 75420-1 3,002 Gals Bio Diesel - 11/15/2019, R-179-18 6,661.52 31,316.12 106,278.40 170 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 247.51 247.51 171 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 2,036.93 172 7000 Office Supplies 1644 Warehouse Direct Inc 4489975-0 Storage Files, Glue, Paper Ware 71.88 173 7200 Other Supplies 1644 Warehouse Direct Inc 4489975-0 Storage Files, Glue, Paper Ware 184.61 2,293.42 174 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 1,485.01 175 7000 Office Supplies 1644 Warehouse Direct Inc 4488282-0 130 DVD+R's & Sleeves 172.54 176 7000 Office Supplies 1644 Warehouse Direct Inc 4496355-0 USB Drives, "Received" Stamper 71.77 177 7320 Equipment < $5,000 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 67.48 1,796.80 178 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 631.15 179 6110 Printing Services 1142 Copyset Printing Company 57057 80 Daily Activity Sheet Pads & 40 Extra Duty Comp Request Pads 552.00 180 6305 R&M Equipment 1729 Triton Electronics Inc 7469 Calibrate, Re-Certify & Repair Radar/Lidar Units 11/13/2019 1,584.00 181 7000 Office Supplies 5079 RV Enterprises Ltd 10190122 USB Flash Drives (250) -Crime Free Housing 1,112.50 182 7000 Office Supplies 1644 Warehouse Direct Inc 4492914-0 3 Ring CD Holder, Correction Tape, Note Pads 47.50 183 7000 Office Supplies 1644 Warehouse Direct Inc 4499268-0 Computer Gel Pad, Paper, Disinfectant 295.44 Total 50 - Public Works & Engineering Police Department Division: 100 - Administration Total 540 - Vehicle Maintenance Division: 620 - Criminal Investigation Total 620 - Criminal Investigation Division: 630 - Support Services Total 100 - Administration Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Page 12 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 184 7015 Supplies - Police Range 6851 Axon Enterprise Inc SI-1578202 DPM Battery Pack (8), 25 Ft Cartridges (10) 682.00 185 7015 Supplies - Police Range 6851 Axon Enterprise Inc SI-1611745 15 Ft. Taser Cartridges (55)1,485.00 186 7015 Supplies - Police Range 6851 Axon Enterprise Inc SI-1611762 DPM Battery Pack (6)264.00 187 7200 Other Supplies 1236 Proforma Creative Impressions Inc 0718002896 Life Saving Award and Plaque 179.55 188 7200 Other Supplies 1644 Warehouse Direct Inc 4499268-0 Computer Gel Pad, Paper, Disinfectant 31.36 189 7320 Equipment < $5,000 1244 Ray O'Herron Company Inc 1947244-IN MK-3 Inert (8), Flashlight (2)290.40 7,154.90 11,492.63 190 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 310.20 191 7300 Uniforms 4092 FulLife Safety Center 49955 30 Rain Coats for Volunteers 531.70 192 7300 Uniforms 4092 FulLife Safety Center 50324 10 Pair of Traffic Safety Gloves for Volunteers 135.00 976.90 193 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 164.67 194 6195 Miscellaneous Contractual Services 1077 Shred-It USA LLC 8128559157 On-Site Shredding Service 10/18/2019 Station 61 72.02 195 7000 Office Supplies 1644 Warehouse Direct Inc 4497063-0 Post-It Note Pads & Log Book for SCBA 84.31 321.00 196 5325 Training 2034 Romeoville Fire Academy, Village of 2019-753 Fire Apparatus Engr Class - 09/30-10/4/2019 - 2 Paramedics 900.00 197 5325 Training 2034 Romeoville Fire Academy, Village of 2019-781 HazMat Technician Class- 10/28-11/08/2019 - 1 Paramedic 1,200.00 198 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 948.91 199 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 644.19 200 6035 Dispatch Services 5067 Regional Emergency Dispatch Center 164-20-12 R-141-13 Monthly Dispatch Service Dec 2019 56,282.00 Total 630 - Support Services Fire Department Division: 100 - Administration Total 100 - Administration Total 60 - Police Department Department: 65 - Emergency Management Agency Total 65 - Emergency Management Agency Division: 710 - Emergency Services Page 13 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 201 6195 Miscellaneous Contractual Services 7779 FNX Coyote LLC 20191118C Engraving Nameplates for Axe & Plaque for Retired Lt. 120.00 202 6305 R&M Equipment 3570 AEC Fire Safety & Security Inc 246728 Service to Holmatro Tools 11/12/2019 954.00 203 6305 R&M Equipment 2440 DJS Scuba Locker Inc SSA Group 3 2019 Annual/6 Year Service Maint on Dive Gear 09/01/2019 1,676.58 204 6305 R&M Equipment 2440 DJS Scuba Locker Inc SSA Grp 3 2019 Add'l Annual/6 Year Service Maint to Dive Equip 09/01/2019 476.58 205 7000 Office Supplies 1644 Warehouse Direct Inc 4497063-0 Post-It Note Pads & Log Book for SCBA 64.41 206 7025 Supplies - Custodial 8019 Ferguson Facilities 0010491 10 Cases Dishwasher Detergent - Station 63 571.10 207 7035 Supplies - Equipment R&M 1747 Murphy's Contractors Equipment Inc 204900 Repair Parts for Cutter's Edge Saw Tw61 72.99 208 7035 Supplies - Equipment R&M 1747 Murphy's Contractors Equipment Inc 205115 Fuel for Small Tools 217.60 209 7200 Other Supplies 1080 Air One Equipment Inc 150600 Standpipe Bag 133.01 210 7300 Uniforms 3212 On Time Embroidery Inc 68356 6" Side Zip Waterproof Boots - 1 Paramedic 119.00 211 7300 Uniforms 3212 On Time Embroidery Inc E 68129 Zip Job Shirt - 1 Engineer 69.00 212 7300 Uniforms 3212 On Time Embroidery Inc E 68398 Zip Job Shirt - 1 Paramedic 71.00 213 7300 Uniforms 3212 On Time Embroidery Inc ES 68138 3 T-Shirts, 2 Polos, Zip Job Shirt - 1 Paramedic 185.00 214 7300 Uniforms 3212 On Time Embroidery Inc ES 68554 3 T-Shirts, 3 Polos, Twill Cap, Sweatpants, Shorts - 1 Paramedic 211.00 215 7300 Uniforms 3212 On Time Embroidery Inc OE 67780 2 Pants, Lined Knit Cap - 1 Paramedic 144.00 216 7300 Uniforms 3212 On Time Embroidery Inc OE 68167 2 Pants, Lined Knit Cap, Twill Cap - 1 Paramedic 163.00 217 7300 Uniforms 3212 On Time Embroidery Inc OE 68532 Zip Job Shirt - 1 Lieutenant 70.00 218 7300 Uniforms 3212 On Time Embroidery Inc OES 67782 3 T-Shirts, 2 Polos, 2 Pants - 1 Paramedic 235.00 219 7300 Uniforms 3212 On Time Embroidery Inc OES 67813 6 T-Shirts, 2 Cotton Shirts, 2 Navy T-Shirts - 1 Battalion Chief 172.00 220 7300 Uniforms 3212 On Time Embroidery Inc OES 68052 2 T-Shirts, 2 Pants, 2 L/S T- Shirts - 1 Paramedic 177.00 221 7300 Uniforms 3212 On Time Embroidery Inc OES 68053 3 T-Shirts, 2 Pants, 3 Polos - 1 Paramedic 265.00 Page 14 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 222 7300 Uniforms 3212 On Time Embroidery Inc OES 68054 4 T-Shirts, 3 Mock Turtlenecks, 2 Polos, 2 Pants - 1 Lieutenant 334.00 223 7300 Uniforms 3212 On Time Embroidery Inc OES 68210 3 T-Shirts, 2 Pants, 2 Polos - 1 Paramedic 232.00 224 7300 Uniforms 3212 On Time Embroidery Inc OS 68641 2 T-Shirts, 2 L/S T-Shirts, Shorts - 1 Paramedic 185.00 225 7320 Equipment < $5,000 1080 Air One Equipment Inc 150400 5 Firefighter Boots 1,973.47 226 7320 Equipment < $5,000 1080 Air One Equipment Inc 150447 20 Hoods & 12 Glove Straps 848.40 227 7320 Equipment < $5,000 1080 Air One Equipment Inc 150448 3-3"X50 & 3-2.5"X50 White Attack Hose 1,957.90 228 7320 Equipment < $5,000 1080 Air One Equipment Inc 150509 8 Retractable Mic Keepers 210.72 229 7320 Equipment < $5,000 1057 Menard Incorporated 46930 3 Shower Liners, Vacuum & 6 Station Hose Nozzles 126.81 230 8015 Equipment 7937 US Digital Designs Inc 8866 Sta 63 Emergency Alerting Controller Purch/Installation 09/13/19 22,086.53 94,097.20 231 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 162.10 232 7000 Office Supplies 1644 Warehouse Direct Inc 4496358-0 Pens, Key Tags, AA Batteries, Plates, Cups, Wipes, Desk Calendar 80.43 233 7200 Other Supplies 1644 Warehouse Direct Inc 4496358-0 Pens, Key Tags, AA Batteries, Plates, Cups, Wipes, Desk Calendar 36.89 234 7300 Uniforms 1495 Great Lakes Fire & Safety Equipment Co 171736 Arson Investigator Badge - Fire Investigator 100.00 379.42 94,797.62 339,175.79 235 6000 Professional Services 1079 AECOM Technical Services Inc 2000289314 R-59-19 Engr-Ellinwood St Streetscape Ph5 08/31- 10/25/2019 3,480.43 236 6000 Professional Services 2436 Haeger Engineering LLC 84649 Task Order 8-Civic Center Parking Deck 09/01- 10/31/2019 712.50 237 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 4035040716 Mat Service - Train Station - 11/13/2019 77.69 Total 70 - Fire Department Total 100 - General Fund Total 710 - Emergency Services Division: 720 - Fire Prevention Total 720 - Fire Prevention Fund: 201 - TIF #1 Downtown Fund Page 15 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 238 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 4035530571 Mat Service - Train Station - 11/20/2019 77.69 239 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 1025401 Electric Conduit, Fittings & More - Theatre 316.65 240 7045 Supplies - Building R&M 1057 Menard Incorporated 47191 Electrical Repair Parts - Theatre 101.66 241 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7020038 6 Pkgs Epoxy Mortar - Theatre 342.00 242 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/044537 Exit Door Lighting - Theatre 869.31 243 7050 Supplies - Streetscape 1057 Menard Incorporated 46834 4 Propane Heaters - Tree Lighting 556.00 244 7050 Supplies - Streetscape 1057 Menard Incorporated 46847 Tree Lighting Supplies Including Ribbons & Cords 234.34 245 7050 Supplies - Streetscape 1057 Menard Incorporated 47234 6 Outlets for Downtown Light Poles 44.34 246 7050 Supplies - Streetscape 1057 Menard Incorporated 47360 Conduit - River & Miner Sign 3.96 247 7050 Supplies - Streetscape 1047 Home Depot Credit Svcs 7020036 Conduit & Couplings - River & Miner Sign 21.15 248 7050 Supplies - Streetscape 2313 City Electric Supply Company (CES) DEP/044517 10 GFCI Receptacles Uptown Street Light Poles 205.30 249 7050 Supplies - Streetscape 2313 City Electric Supply Company (CES) DEP/044574 Safety Switch - River & Miner Sign 53.16 250 7050 Supplies - Streetscape 2313 City Electric Supply Company (CES) DEP/044605 Connector & Cover Box - River & Miner Sign 98.08 251 7140 Electricity 1033 ComEd 0237106099- 11/19 Electricity Service 10/03- 11/01/2019 292.49 252 7140 Electricity 1033 ComEd 0392121005- 11/19 Electricity Service 10/03- 11/01/2019 207.89 253 7140 Electricity 1033 ComEd 0445091056- 11/19 Electricity Service 10/03- 11/01/2019 306.81 254 7140 Electricity 1033 ComEd 2901166089- 11/19 Electricity Service 10/03- 11/01/2019 659.29 255 7140 Electricity 1033 ComEd 5310657021- 11/19 Electricity Service 10/03- 11/01/2019 41.47 256 7140 Electricity 1033 ComEd 5310658082- 11/19 Electricity Service 10/03- 11/04/2019 28.94 257 7140 Electricity 1033 ComEd 6045062008- 11/19 Electricity Service 10/03- 11/01/2019 110.78 8,841.93 258 7140 Electricity 1033 ComEd 0193753007- 11/19 Electricity Service 10/11- 11/11/2019 77.24 259 7140 Electricity 1033 ComEd 0725000037- 11/19 Electricity Service 10/04- 11/04/2019 35.15 Total 201 - TIF #1 Downtown Fund Fund: 230 - Motor Fuel Tax Fund Page 16 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 260 7140 Electricity 1033 ComEd 1273119011- 11/19 Electricity Service 10/04- 11/04/2019 2,559.37 261 7140 Electricity 1033 ComEd 1521117181- 11/19 Electricity Service 10/03- 11/01/2019 354.17 262 7140 Electricity 1033 ComEd 2644104014- 11/19 Electricity Service 10/02- 10/31/2019 225.67 263 7140 Electricity 1033 ComEd 2943015087- 11/19 Electricity Service 07/22- 08/20/19 15,138.96 264 7140 Electricity 1033 ComEd 3471079047- 11/19 Electricity Service 10/03- 11/01/2019 31.19 265 7160 Ice Control 1102 Cargill Inc 2905090828 5 Truckloads Road Salt - 11/18/2019, R-203-18 8,412.59 26,834.34 266 6570 Subsidy - Residential Rehab 3693 Phoenix Construction & Abatement Inc HRP- 61 11/21/19 Home Repair Program B-18- EN (Construction Cost) 19,340.00 19,340.00 267 6000 Professional Services 1079 AECOM Technical Services Inc 2000289327 R-137-18 62267-Consultant- River Rd Recon 09/28- 10/25/2019 71,420.32 268 6005 Legal Fees 3447 Holland & Knight LLP 5923685 10-19 Non-Retainer IEMA & FEMA Review Phase 5 2,684.00 269 6005 Legal Fees 3447 Holland & Knight LLP 5933079 11-19 Non-Retainer IEMA & FEMA Review Phase 5 1,232.00 270 8030 Land 8013 Melko Hudson, Trustee of the, Sophie Ann 0M70006 Land - Rand Rd Side Path-975 Rand Rd 1,400.00 271 8100 Improvements 1165 Union Pacific Railroad Company 90091626 R-142-18 Reconstruct RR Crossing -River Rd WM 07/06- 10/31/2019 69,452.62 146,188.94 146,188.94 272 7300 Uniforms 1489 JG Uniforms Inc 65115 Uniforms-Ballistic Vest Cover- Officer 143.00 273 7300 Uniforms 1489 JG Uniforms Inc 65117 Uniforms-Ballistic Vest Cover- CSO-Oversize 171.60 274 7300 Uniforms 1489 JG Uniforms Inc 65118 Uniforms-Ballistic Vest Cover- Officer 150.00 275 7300 Uniforms 1489 JG Uniforms Inc 65119 Uniforms-Ballistic Vest Cover- Officer 150.00 Fund: 240 - CDBG Fund Total 240 - CDBG Fund Fund: 250 - Grant Projects Fund Total 230 - Motor Fuel Tax Fund Fund: 260 - Asset Seizure Fund Program: 2620 - DEA Program: 2520 - Capital Grants Total 2520 - Capital Grants Total 250 - Grant Projects Fund Page 17 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 276 7300 Uniforms 1489 JG Uniforms Inc 65122 Uniforms-Ballistic Vest Cover- CSO-Oversize 178.75 277 8005 Computer Hardware 7576 MSA Systems Inc SGH14565 4 Zebra ZQ520 Printers 2,609.75 3,403.10 3,403.10 278 5320 Conferences 4240 Duddles, Jon Reimb11/18- 11/22 Autodesk Univ Conf 11/18- 11/22/2019-Asst Dir PW/ENG 424.60 279 6000 Professional Services 3337 HR Green Inc 130915 Engr Svcs - Wille Rd over Higgins Creek Culvert 09/14- 11/08/2019 2,084.50 280 6000 Professional Services 3337 HR Green Inc 130917 Prof Svcs-Wille Rd Over Higgins Creek Culvert 09/14- 11/08/2019 4,643.25 281 6000 Professional Services 3337 HR Green Inc 131226 Task Order 9- Structural Drawings-Wille Rd 09/14- 11/8/2019 2,348.42 282 6000 Professional Services 1079 AECOM Technical Services Inc 2000289327 R-137-18 62267-River Rd Recon 09/28-10/25/2019 7,935.59 283 6000 Professional Services 1126 Civiltech Engineering Inc 3243-12 Consultant-Rand Rd Sidepath ROW Acquisition 07/27- 08/30/2019 4,151.58 284 6005 Legal Fees 3447 Holland & Knight LLP 5923677 10-19 Non-Retainer Rand Road Sidepath Petition 1,402.50 285 6005 Legal Fees 3447 Holland & Knight LLP 5933077 11-19 Non-Retainer Rand Road Sidepath Petition 51.00 286 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 289.50 287 6315 R&M Buildings & Structures 3878 Bulley & Andrews Concrete Restoration LLC 519066-160-1 Riverwalk Sealant Repairs - 11/04/2019 17,742.00 288 8100 Improvements 1328 John Neri Construction Co Inc 2019-A-P5 R-100-19 -2019 CIP Cont A St & Utility 10/26-11/22/19 810,457.46 851,530.40 289 8015 Equipment 3297 Bound Tree Medical LLC 83420984 2 Glove Dispensers for New Engine 62 86.58 86.58 86.58 290 6140 Leases 5109 Konica Minolta Premier Finance 5008026188 Konica Minolta 2019 Lease 11/26/2019 - 12/25/2019 4,137.00 Total 2620 - DEA Total 260 - Asset Seizure Fund Department: 70 - Fire Department Total 70 - Fire Department Total 410 - Equipment Replacement Fund Fund: 400 - Capital Projects Fund Total 400 - Capital Projects Fund Fund: 410 - Equipment Replacement Fund Fund: 420 - IT Replacement Fund Page 18 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 291 8005 Computer Hardware 1035 Dell Marketing LP 10354593869 9 Dell Laptops and 23 Docking Stations for City Council 16,285.81 20,422.81 292 4601 New Construction - Sale of Water 8025 Munoz, Carlos Refund 10/25/18 Hydrant Usage Refund 10/25/2018 (2.57) 293 4601 New Construction - Sale of Water 3772 Rivers Casino Refund 11/19/19 Hydrant Usage Refund 11/19/2019 (44.97) 294 4601 New Construction - Sale of Water 8026 Ryan Homes Refund 11/25/19 Hydrant Usage Refund 11/25/2019 (31.04) (78.58) 295 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 92.72 92.72 296 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 682.91 297 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 190616 10 Water Meter Testing - 10/02/2019 237.00 298 6300 R&M Software 6992 Core & Main LP K723587 Customer Portal System Setup 09/23/2019 - Sensus Year 1 6,920.00 299 6305 R&M Equipment 6598 Cummins Inc F2-28570 Performed APM Maintenance 10/30/2019 - Water Generator 9044 370.00 300 6310 R&M Vehicles 4280 Rush Truck Centers of Illinois Inc 3017376843 Replaced Trans, TCM, Air Governor, EGR Cooler, ITU & IPR-PW 9032 6,923.50 301 7020 Supplies - Safety 1703 Prosafety Inc 2/865480 Boots & 2 Boxes Gloves 26.45 302 7030 Supplies - Tools & Hardware 6679 Olson's Ace Hardware 010861/3 Reciprocating Saw Blades & Reciprocating Saw 137.96 303 7035 Supplies - Equipment R&M 1078 Acme Truck Brake & Supply Co 01_78067 3 Fuel Filters - PW 9043 13.77 304 7035 Supplies - Equipment R&M 4330 City Limits Systems Incorporated 10275 165 Units of Pressure Washer Soap - 5PW1 224.85 305 7035 Supplies - Equipment R&M 1062 NAPA of Des Plaines 5741-745624 Fuel Filter - PW 9043 28.16 306 7035 Supplies - Equipment R&M 1043 WW Grainger Inc 9347088313 Air Hose - PW 9038 251.85 Division: 000 - Non Divisional Total 000 - Non Divisional Division: 510 - Engineering Total 510 - Engineering Total 420 - IT Replacement Fund Fund: 500 - Water/Sewer Fund Non Departmental Division: 550 - Water Systems Page 19 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 307 7035 Supplies - Equipment R&M 1088 Atlas Bobcat LLC BG8807 Rebuild Kit - Water 9026 119.99 308 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132592905 275 Gals 15W40 Bulk Oil - Stock 463.10 309 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 7545404 Brass Fittings, Pens, Electrical Connectors, Etc. - Stock 54.30 310 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10320126 40# Bag Top Soil - Mainbreak Repair - 11/20/2019 1.65 311 7070 Supplies - Water System Maintenance 2053 USA Bluebook 065566 3 Testing Kits & 6 Wash Bottles 648.75 312 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction Company 21783 9.29 Tons Asphalt - Watermain Repair - 11/13/2019 1,272.73 313 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction Company 21850 6.28 Tons Asphalt - Mainbreak Repair - 11/19/2019 860.36 314 7070 Supplies - Water System Maintenance 3781 Smith Ecological Systems Company 22533 4-1/2" Valves - PW Central Road 100.00 315 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 248227-000 12x6 Tee and Misc Accessories 1,678.00 316 7070 Supplies - Water System Maintenance 1057 Menard Incorporated 46867 Plumbing Parts for Meters 140.92 317 7070 Supplies - Water System Maintenance 1072 Prairie Material 889341281 3.0 Cu Yds Concrete - Repairs - 11/19/2019 537.00 318 7070 Supplies - Water System Maintenance 1072 Prairie Material 889343259 3.0 Cu Yds Concrete - Repairs - 11/20/2019 534.00 319 7070 Supplies - Water System Maintenance 6992 Core & Main LP L499503 2 Fire Hydrants - 11/12/2019 6,220.00 320 7070 Supplies - Water System Maintenance 6992 Core & Main LP L524161 12 B-Boxes 612.00 321 7120 Gasoline 5415 Gas Depot Inc 75419-1 5,002 Gals Unleaded Fuel - 11/15/2019, R-179-18 267.30 322 7130 Diesel 5415 Gas Depot Inc 75420-1 3,002 Gals Bio Diesel - 11/15/2019, R-179-18 152.86 323 7140 Electricity 1033 ComEd 0718079040- 11/19 Electricity Service 10/03- 11/01/2019 46.00 324 7140 Electricity 1033 ComEd 1602149012- 1019A Electricity Service 10/02- 10/31/2019 146.68 325 7140 Electricity 1033 ComEd 2382141015- 11/19 Electricity Service 10/03- 11/01/2019 63.52 Page 20 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 326 7140 Electricity 1033 ComEd 2902009038- 1019A Electricity Service 10/01- 10/30/2019 261.17 327 7140 Electricity 1033 ComEd 3526170000- 1019A Electricity Service 10/01- 10/30/2019 37.99 328 7140 Electricity 1033 ComEd 4436122006- 11/19 Electricity Service 10/11- 11/11/2019 4,572.73 329 7140 Electricity 1033 ComEd 5646761001- 1019A Electricity Service 10/01- 10/30/2019 29.29 330 7140 Electricity 1033 ComEd 6152054027- 11/19 Electricity Service 10/02- 10/31/2019 3,872.58 38,509.37 331 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 266.26 332 6195 Miscellaneous Contractual Services 1367 Meade Inc EMC 8874-19 Traffic Signal Repair - Algonquin & Wolf - 11/21/2019 1,760.72 333 6305 R&M Equipment 6598 Cummins Inc F2-28795 Inspection & Maintenance - Sewer Generator 8000 - 10/30/2019 350.00 334 6310 R&M Vehicles 1564 EJ Equipment Inc W02229 Repair Hose Reel Operation - PW 8021 - 11/04/2019 2,873.47 335 6505 Subsidy - Sewer Lateral Program 8023 Slupski , Allison June SLP19-022 Sanitary Sewer Rebate - 11/25/19 100.00 336 6510 Subsidy - Flood Assistance 8024 Blankenship , Wallace R FRP19-28 Flood Rebate - 11/25/19 1,954.20 337 7020 Supplies - Safety 2053 USA Bluebook 065477 8 Pairs Insulated Gloves 147.81 338 7035 Supplies - Equipment R&M 4330 City Limits Systems Incorporated 10275 165 Units of Pressure Washer Soap - 5PW1 224.85 339 7035 Supplies - Equipment R&M 1564 EJ Equipment Inc P20670 Replacement Parts for Transporter 935.94 340 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132592905 275 Gals 15W40 Bulk Oil - Stock 463.10 341 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 7545404 Brass Fittings, Pens, Electrical Connectors, Etc. - Stock 27.15 342 7075 Supplies - Sewer System Maintenance 5214 State Industrial Products 901257305 Primezyme & Biomate 1,136.87 343 7120 Gasoline 5415 Gas Depot Inc 75419-1 5,002 Gals Unleaded Fuel - 11/15/2019, R-179-18 510.95 344 7130 Diesel 5415 Gas Depot Inc 75420-1 3,002 Gals Bio Diesel - 11/15/2019, R-179-18 641.99 345 7140 Electricity 1033 ComEd 0096017042- 11/19 Electricity Service 10/03- 11/01/2019 2,514.61 346 7140 Electricity 1033 ComEd 0575134020- 1019A Electricity Service 10/01- 10/30/2019 156.32 Total 550 - Water Systems Division: 560 - Sewer Systems Page 21 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 347 7140 Electricity 1033 ComEd 0640144010- 11/19 Electricity Service 10/03- 11/01/2019 118.84 348 7140 Electricity 1033 ComEd 0762050019- 11/19 Electricity Service 10/04- 11/04/2019 24.11 349 7140 Electricity 1033 ComEd 2038128006- 1019A Electricity Service 10/01- 10/30/2019 47.60 350 7140 Electricity 1033 ComEd 2148094073- 11/19 Electricity Service 10/04- 11/04/2019 59.48 351 7140 Electricity 1033 ComEd 3240002012- 11/19 Electricity Service 10/23- 11/21/2019 896.08 352 7140 Electricity 1033 ComEd 3461136053- 1019A Electricity Service 10/02- 10/31/2019 31.67 353 7140 Electricity 1033 ComEd 3526009006- 11/19 Electricity Service 10/03- 11/01/2019 113.46 354 7140 Electricity 1033 ComEd 3657136067- 11/19 Electricity Service 10/03- 11/01/2019 82.89 355 7140 Electricity 1033 ComEd 4995025051- 1019A Electricity Service 10/02- 10/31/2019 31.62 356 7140 Electricity 1033 ComEd 5060090016- 11/19 Electricity Service 10/04- 11/04/2019 220.10 357 7140 Electricity 1033 ComEd 5814097012- 11/19 Electricity Service 10/03- 11/01/2019 34.54 358 7140 Electricity 1033 ComEd 6331089024- 1019A Electricity Service 10/01- 10/30/2019 207.43 15,932.06 359 8100 Improvements 1328 John Neri Construction Company Inc 2019-A-P5 R-100-19 -2019 CIP Cont A St & Utility 10/26-11/22/2019 315,760.02 315,760.02 370,215.59 360 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 85.07 361 6110 Printing Services 1106 Chromatech Printing Inc 8593/25697 5K Pink Disconnection Notice Envelopes for Utility Mgmt 571.00 362 7000 Office Supplies 1644 Warehouse Direct Inc 4489488-0 1 Ctn of Copy Paper, 1 Calc Ribbon, 1 Box of Rubberbands, Etc. 51.94 708.01 370,923.60 Total 560 - Sewer Systems Division: 580 - CIP - Water/Sewer Total 580 - CIP - Water/Sewer Total 500 - Water/Sewer Fund Total 00 - Non Departmental Department: 30 - Finance Total 30 - Finance Page 22 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 363 6320 R&M Parking Lots 1025 Bedco Inc 095954 Install Replacement Heater- Library Parking Garage-11/11 & 11/18 1,656.30 364 7060 Supplies - Parking Lots 2350 Anderson Elevator Co INV-18999-P7S9 Detector Edge - Library East Elevator - 10/30/2019 1,076.00 365 7140 Electricity 1033 ComEd 0354464001- 11/19 Electricity Service 10/03- 11/01/2019 2,133.87 366 7140 Electricity 1033 ComEd 2239082030- 11/19 Electricity Service 10/03- 11/01/2019 843.66 367 7140 Electricity 1033 ComEd 4722388001- 11/19 Electricity Service 10/03- 11/01/2019 21.57 368 7140 Electricity 1033 ComEd 4791127023- 11/19 Electricity Service 10/03- 11/01/2019 1,439.16 369 7140 Electricity 1033 ComEd 4974385007- 11/19 Electricity Service 10/08- 11/06/2019 25.66 370 7140 Electricity 1033 ComEd 5310303000- 11/19 Electricity Service 10/03- 11/01/2019 192.58 7,388.80 371 6015 Communication Services 1552 Verizon Wireless 9842120753 Communication Service 10/14- 11/13/2019 36.01 372 7140 Electricity 1033 ComEd 5310666002- 11/19 Electricity Service 10/03- 11/01/2019 869.07 905.08 373 6005 Legal Fees 3447 Holland & Knight LLP 5923645 10-19 Non-Retainer PSEBA Proceedings 733.00 374 6005 Legal Fees 3447 Holland & Knight LLP 5933042 11-19 Non-Retainer PSEBA Proceedings 770.00 1,503.00 375 2464 Hydrant Deposits 8025 Munoz, Carlos Refund 10/25/18 Hydrant Usage Refund 10/25/2018 1,100.00 376 2464 Hydrant Deposits 5772 Berger Excavating Contractors Inc Refund 11/07/19 Hydrant Usage Refund 11/07/2019 1,100.00 377 2464 Hydrant Deposits 3772 Rivers Casino Refund 11/19/19 Hydrant Usage Refund 11/19/2019 1,100.00 378 2464 Hydrant Deposits 8026 Ryan Homes Refund 11/25/19 Hydrant Usage Refund 11/25/2019 1,100.00 379 2493 Escrow - CED Development 3447 Holland & Knight LLP 5923672 10-19 Reimb Redevelopment 2,095.50 380 2493 Escrow - CED Development 3447 Holland & Knight LLP 5923678 10-19 Reimb Redevelopment 160.00 Fund: 510 - City Owned Parking Fund Total 510 - City Owned Parking Fund Fund: 700 - Escrow Fund Fund: 520 - Metra Leased Parking Fund Total 520 - Metra Leased Parking Fund Fund: 600 - Risk Management Fund Total 600 - Risk Management Fund Page 23 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account 381 2493 Escrow - CED Development 3447 Holland & Knight LLP 5923690 10-19 Reimb Redevelopment 3,195.00 382 2493 Escrow - CED Development 3447 Holland & Knight LLP 5933071 11-19 Reimb Redevelopment 926.00 383 2493 Escrow - CED Development 3447 Holland & Knight LLP 5933084 11-19 Reimb Redevelopment 3,440.00 14,216.50 1,810,760.87 Total 700 - Escrow Fund Grand Total Page 24 of 27 Line #Vendor Invoice Invoice Description Amount 384 5010 Temporary Wages 8022 Schmal , Steven M 01/14-01/27/17 Temporary Wages 01/14- 01/27/2017 - Replaces EFT 2198 77.56 77.56 385 5560 Unemployment Claims 1048 IDES IL Dept of Employment Security DC 694000641 Unemployment Claims Paid 3rd Qtr 2019 - Account 800793 8,430.39 8,430.39 386 6535 Subsidy - Youth Commission 7590 Meinecke, Steven W 11-14-2019 Santa Services @ Holiday Hoopla 12/14/2019 100.00 100.00 8,607.95 387 5325 Training 1452 IACE - IL Association of Code Enforcement 12/04/2019 Quarterly Training for Code Enforcement - 3 Inspectors 150.00 150.00 150.00 388 5010 Temporary Wages 8021 Buelvas, Moshe M 11/03-11/16/18 Temporary Wages 11/03- 11/16/2018 - Replaces Payroll EFT 2501 69.92 69.92 69.92 389 6015 Communication Services 1032 Comcast 11/18/19 x6724 Internet/Cable Service Dec 2019 16.70 390 6015 Communication Services 1009 AT&T 708R06860011-19 Communication Service 10/16- 11/15/2019 476.37 493.07 City of Des Plaines Warrant Register 12/16/2019 Account Fund: 100 - General Fund Manual Payments City Administration Division: 240 - Media Services Total 240 - Media Services Division: 250 - Human Resources Total 250 - Human Resources Total 20 - City Administration Public Works & Engineering Division: 530 - Street Maintenance Total 530 - Street Maintenance Total 50 - Public Works & Engineering Police Department Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Division: 260 - Health & Human Services Total 260 - Health & Human Services Community Development Division: 410 - Building & Code Enforcement Total 410 - Building & Code Enforcement Total 40 - Community Development Page 25 of 27 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 12/16/2019 Account Manual Payments 391 7200 Other Supplies 5777 Live4Lali Inc 479 Repl Replaces Ck 136554 for 4 Naloxone Kits (Narcan Nasal Injectors) 1,125.00 1,125.00 1,618.07 392 6015 Communication Services 1032 Comcast 11/11/19 x1141 Internet/Cable Service 11/18- 12/17/2019 249.85 393 6015 Communication Services 1533 Wide Open West LLC 11526044Nov19A Internet/Cable Service x6044 11/21-12/20/2019 146.96 394 6015 Communication Services 1533 Wide Open West LLC 11526044Nov19B Internet/Cable Service x1245 11/21-12/20/2019 1,919.28 395 6015 Communication Services 1533 Wide Open West LLC 11526044Nov19C Internet/Cable Service x1246 11/21-12/20/2019 1,139.50 396 6195 Miscellaneous Contractual Services 1533 Wide Open West LLC 11526044Nov19C Internet/Cable Service x1246 11/21-12/20/2019 50.00 3,505.59 13,951.53 397 6015 Communication Services 1533 Wide Open West LLC 11526044Nov19D Internet/Cable Service x0573 11/21-12/20/2019 420.00 420.00 420.00 14,371.53 Total 60 - Police Department Fund: 500 - Water/Sewer Fund Division: 550 - Water Systems Total 550 - Water Systems Department: 90 - Overhead Total 90 - Overhead Total 100 - General Fund Total 500 - Water/Sewer Fund Grand Total Division: 630 - Support Services Total 630 - Support Services Page 26 of 27 Amount Transfer Date Automated Accounts Payable 1,810,760.87$ **12/16/2019 Manual Checks 14,371.53$ **12/1/2019 Payroll 1,279,236.25$ 12/6/2019 -$ Electronic Transfer Activity: JPMorgan Chase Credit Card -$ Chicago Water Bill ACH -$ Postage Meter Direct Debits 3,838.84$ 11/20/2019 Utility Billing Refunds 1,121.43$ 11/20/2019 First Merit Bank Fees -$ IMRF Payments 126,430.48$ 12/3/2019 Employee Medical Trust 648,449.49$ 12/2/2019 Total Cash Disbursements:3,884,208.89$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Sixteenth Day of December 2019 Ayes ______ Nays _______ Absent _______ Jennifer L. Tsalapatanis, City Clerk Matthew J. Bogusz, Mayor City of Des Plaines Warrant Register 12/16/2019 Summary RHS Payout Page 27 of 27 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: December 5, 2019 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Michael McMahon, Community and Economic Development Director Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Ordinance Amending Title 15 of the City Code to Adopt a Municipal Cannabis Retailer’s Occupation Tax Issue: The Illinois General Assembly adopted the Cannabis Regulation and Tax Act, Public Act 101-0027 (“Act”), which legalizes the possession, use, cultivation, transportation, and sale of recreational cannabis beginning January 1, 2020. The Act also authorizes municipalities to enact a municipal tax on the retail sale of cannabis to persons over the age of 21 for recreational purposes. Analysis: On December 2, 2019 the City of Des Plaines City Council approved Ord. Z-31-19 on second reading to approve amendments to the Des Plaines Zoning Ordinance that regulates the approval and operation of cannabis business establishments within the City. The Act also enacts the Illinois Municipal Cannabis Retailers’ Occupation Tax Law (“Tax”) which grants the City authority to adopt up to a three percent tax on the gross receipts from all sales of cannabis within the City, except for the sales of cannabis to registered qualifying patients pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act. The Tax is both equitable to the taxpayers and beneficial to the City as it may provide new revenue, including sales to non-residents of the City, to offset additional expenditures arising from the legalization of recreational cannabis and to otherwise improve the City. At this time, it is unknown how much revenue the Tax will bring to the City as currently there are no cannabis business establishments approved, nor operating, within the City of Des Plaines. Recommendation: I recommend approval of Ordinance M-52-19 that amends Title 15 of City Code of Ordinances by adding Chapter 13 that imposes a three percent (3.0%) tax on the gross receipts of all sales of cannabis by cannabis retailers within the City of Des Plaines. Attachments: Ordinance M-52-19 MEMORANDUM Page 1 of 5 NEW BUSINESS #2A. 1 CITY OF DES PLAINES ORDINANCE M - 52 - 19 AN ORDINANCE AMENDING TITLE 15 OF THE CITY CODE OF THE CITY OF DES PLAINES TO ADOPT A MUNICIPAL CANNABIS RETAILER’S OCCUPATION TAX 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, Title 15 of the City Code of the City of Des Plaines (“City Code”) sets forth all locally adopted and imposed taxes; and WHEREAS, the Illinois General Assembly has adopted the Cannabis Regulation and Tax Act, Public Act 101-0027 (“Act”), which legalizes the possession, use, cultivation, transportation, and sale of recreational cannabis beginning January 1, 2019; and WHEREAS, as part of the Act, the State enacted the Illinois Municipal Cannabis Retailers’ Occupation Tax Law, 65 ILCS 5/11-8-22 et seq., which authorizes municipalities to enact a municipal tax on the retail sale of cannabis to persons over the age of 21 for recreational purposes (“Municipal Cannabis Tax”); and WHEREAS, the Act grants the City the authority to adopt up to a three percent tax on the gross receipts from all sales of cannabis in the City except for the sales of cannabis to registered qualifying patients pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act; and WHEREAS, the Municipal Cannabis Tax is both equitable to the taxpayers and beneficial to the City as it may provide new revenue, including from non-residents of the City, to offset additional expenditures arising from the legalization of recreational cannabis and to otherwise improve the City; and WHEREAS, in the event that cannabis business establishments are established within the City, the City Council has determined that a Municipal Cannabis Tax should be assessed against all retail sales of cannabis to persons over the age of 21 for recreational purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend Title 15 of the City Code as set forth in this Ordinance to adopt a Municipal Cannabis Tax; 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. Page 2 of 5 2 SECTION 2. AMENDMENT. Title 15 of the City Code, entitled “Municipal Taxes,” shall be amended by adding a new Chapter 13, which chapter shall be entitled “Municipal Cannabis Retailers’ Occupation Tax” and shall be and read as follows: “Chapter 13. Municipal Cannabis Retailers’ Occupation Tax 15-13-1: DEFINITIONS: As used in this Chapter, the following words or terms shall have the following meanings: CANNABIS: Marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means concentrate and cannabis- infused products. CANNABIS RETAILER: All persons or businesses engaged in selling cannabis at retail. 15-13-2: TAX IMPOSED: Pursuant to Section 8-11-22 of the Illinois Municipal Code, 65 ILCS 5/8-11-22, a tax is hereby imposed upon all Cannabis Retailers that sell cannabis in the City at the rate of three percent (3.0%) of the gross receipts from sales made in the course of business other than those sales made under the Compassionate Use of Medical Cannabis Pilot Program Act. Such tax shall be in addition to any and all other surcharges or taxes which may be legally imposed by the City or any other taxing authority, including federal, state, county, and regional public bodies. 15-13-3: COLLECTION OF TAX: Any Cannabis Retailer within the City shall have the duty to collect the municipal cannabis retailer’s occupation tax imposed pursuant to this Chapter and remit it to the Illinois Department of Revenue. Any remittance by a Cannabis Retailer required by this Chapter shall be done in accordance with the rules and forms promulgated by the Illinois Department of Revenue. Page 3 of 5 3 Any tax required to be collected pursuant to or as authorized by this Chapter shall constitute a debt owed by the retailer to the State of Illinois.” SECTION 3. 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 4. AUTHORIZATION. The City Manager is authorized and directed to file a certified copy of this Ordinance with the Illinois Department of Revenue to ensure that the Municipal Cannabis Tax may be collected as early as July 1, 2020. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] Page 4 of 5 4 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 Amending Title 15 to Adopt a Municipal Cannabis Retailers’ Occupation Tax Page 5 of 5