20211206 Council PacketMonday, December 6, 2021
Regular Session – 7:00 p.m.
Room 102
CALL TO ORDER
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
RECOGNITION
LIFE-SAVING AWARD – OFFICER CONNOLLY, OFFICER J. GARCIA
PUBLIC HEARINGS
•Reconsideration of Ordinances Z-52-21 and Z-53-21 Regarding Zoning Text Amendments and
Variation to Allow a New Electronic Message Board Billboard in the Southeast Portion of the
Proposed Development at Mannheim Road and Pratt Avenue (2805-2845 Mannheim)/FIRST
READING – ORDINANCE Z-52-21: Amending the Text of the Des Plaines Zoning Ordinance
Regarding Billboards and FIRST READING – ORDINANCE Z-53-21: Approving a Major
Variation from Section 12-11-6.B of the City of Des Plaines Zoning Ordinance at 2805-2845
Mannheim Road
•2020 CDBG Consolidated Annual Performance & Evaluation Report (CAPER)/RESOLUTION
R-192-21: Approving the Community Development Block Grant Program Consolidated
Annual Performance and Evaluation Report for Program Year 2020
PUBLIC COMMENT
(matters not on the agenda)
ALDERMEN ANNOUNCEMENTS/COMMENTS
MAYORAL ANNOUNCEMENTS/COMMENTS
Motion to Extend Declaration of Civil Emergency
CITY CLERK ANNOUNCEMENTS/COMMENTS
MANAGER’S REPORT
CITY ATTORNEY/GENERAL COUNSEL REPORT
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CONSENT AGENDA
1.RESOLUTION R-193-21: Approving the Second Renewal of a 2-Year Contract with Clauss Brothers, Inc.,
for Nuisance Abatement and Grass Cutting Services for the Period January 1, 2022 – December 31, 2023
2.RESOLUTION R-194-21: Approving the First Renewal of a 2-Year Contract with Citywide Elevator
Inspection Services, Inc. for Elevator Inspection and Safety Device Plan Review Services for the Period
January 1, 2022 – December 31, 2023
3.RESOLUTION R-196-21: Approving the Purchase of a Morbark Eeger Beever 2131-SA Wood Chipper
Through Sourcewell Contract #031721-MBI from Alexander Equipment, Lisle, Illinois in the Amount of
$95,961.06. Budgeted Funds – Equipment Replacement.
4.RESOLUTION R-197-21: Approving Task Order No. 9 with FGM Architects, Inc., Oakbrook, Illinois for
Design Services for the Remodeling of Fire Station 61 in the Amount Not -to-Exceed $54,100. Budgeted –
Facilities Replacement Fund.
5.RESOLUTION R-198-21: Approving Task Order No. 10 with FGM Architects, Inc., Oakbrook, Illinois for
Design Services for the Enclosure of the Walkway Between City Hall and the Police Station in the Amount
Not-to-Exceed $46,845. Budgeted Funds – Facilities Replacement Fund.
6.RESOLUTION R-199-21: Approving a Master Contract with Manhard Consulting, Ltd., Lincolnshire,
Illinois for Professional Engineering Services
7.RESOLUTION R-201-21: Approving an Intergovernmental Agreement with the Illinois Department of
Transportation (IDOT) for Improvements to U.S. Route 14 West of Nicholas Drive to Western Avenue in the
Amount of $1,006,250. Budgeted Funds – Capital Projects.
8.SECOND READING – ORDINANCE M-28-21: Adding a New Class “B” Liquor License
(Retail/Bulk/Alcohol Primary Sales for Off-Site Consumption Only) for Cosecha Wine & Spirits, LLC, 1670
South River Road
9.SECOND READING – ORDINANCE M-29-21: Terminating the Designation of TIF #1 as a
Redevelopment Project Area Under the Tax Increment Allocation Redevelopment Act
10. Minutes/Regular Meeting – November 15, 2021
APPOINTMENTS (for your consideration only – no action required)
Youth Commission
Maria Rosa Cullotta – Term to Expire 9/4/2024
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UNFINISHED BUSINESS
1. SECOND READING – ORDINANCE Z-55-21: Amending the Text of the Zoning Ordinance of the City of
Des Plaines Regarding Off-Street Parking in Approved Planned Unit Developments, Collective Off-Street
Parking, and Electric Vehicle Charging Parking Spaces, as Amended at the 11/15/21 City Council Meeting,
Reflecting 300-foot requirement
NEW BUSINESS
1. FINANCE & ADMINISTRATION – Alderman Artur Zadrozny, Chair
a. Warrant Register in the Amount of $6,178,130.41 – RESOLUTION R-200-21
2. COMMUNITY DEVELOPMENT – Alderman Malcolm Chester, Chair
a. Consideration of Conditional Use and Variations for a Livery Service Use at 580 S. Wolf Road –
FIRST READING – ORDINANCE Z-56-21 (deferred from 11/15/21 City Council Agenda)
b. Consideration of Conditional Use and Variation for an Adult Use (Recreational) Retail Cannabis
Dispensary at 1504 Miner Street – FIRST READING – ORDINANCE Z-57-21
OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER
ADJOURNMENT
ORDINANCES ON THE AGENDA FOR FIRST READING APPROVAL MAY ALSO, AT THE COUNCIL’S
DISCRETION, BE ADOPTED FOR FINAL PASSAGE AT THE SAME MEETING.
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.
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5400
desplaines.org
Date: November 17, 2021
To: Michael G. Bartholomew, City Manager
From: Deputy Chief Dan Shanahan *643
Subject: Life Saving Award- Ofc. Connolly *494 and Ofc. J. Garcia *528
Issue: Officers Connolly and Garcia responded to a single vehicle traffic accident in the 1300 block of
Jefferson St. Ofc. Connolly made contact with the driver, and Ofc. Connolly observed the driver had multiple
lacerations to his upper, left thigh. The driver suffered major blood loss and appeared to be in shock. Ofc.
Connolly removed his tourniquet and prepared it to be applied to the driver’s wound in order to stop further
blood loss. Ofc. Garcia took Ofc. Connolly’s tourniquet and began to apply it above the wound. Ofc. Connolly
verbally calmed the driver while coaching Ofc. Garcia through the proper application of the tourniquet. The
tourniquet eventually stopped the bleeding, and the Des Plaines Fire Department continued life saving
measures.
Analysis: The actions of these officers saved the subject’s life.
Recommendation: Ofc. Connolly and Ofc. J. Garcia each should be honored and presented with a life-saving
award and medal.
RECOGNITION
o COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED AP, City Manager
From: John T. Carlisle, AICP, Director of Community & Economic Development
Subject: Public Hearing for Reconsideration of Ordinances Z-52-21 and Z-53-21
Case 21-042-TA-V: Zoning Text Amendments and Variation to Allow a New
Electronic Message Board Billboard in the Southeast Portion of the Proposed Development
at Mannheim Road and Pratt Avenue (2805-2845 Mannheim Road)
Update: At its October 18, 2021, meeting the City Council approved Ordinance Z-51-21, which granted
necessary zoning relief for a proposed commercial development on the approximately four-
acre site at the southeast corner of Mannheim Road and Pratt Avenue. The Council advanced
the item to second reading, granting final approval of the ordinance. However, at the same
meeting, the Council denied Ordinances Z-52-21 and Z-53-21, which would have approved a
separate but related petition for relief to install a new billboard sign in the southeast corner of
the development.
At its November 1, 2021 meeting, the Council voted 6-2 in favor of a motion to reconsider the
denial of Ordinances Z-52-21 and Z-53-21. The Council referred the matter for a public
hearing, for which due public notice has been given. To accommodate due notice, the hearing
has been scheduled for December 6, 2021. The Council may at the conclusion of the hearing
vote on the Ordinances. Separate motions, one for each Z-52-21 (zoning text amendments) and
Z-53-21 (major variation), would be required for approval of the requests.
The Council may find the following information useful in its consideration. This information
is either new or may not have been prominently highlighted in the discussion on October 18.
The petitioner has submitted additional or clarified information, which is Attachment 11 to this
report and summarized here:
•Image Des Plaines LLC, the billboard company, is the sole contract purchaser of the
land for the commercial development site. Assuming completion of the contingent real
estate transaction with seller Prominence Des Plaines LLC, Image Des Plaines – not
the retail developer, GW Properties – will control the site. For this reason, the plans
proposed by GW cannot be realized without the participation and cooperation of Image
Des Plaines.
MEMORANDUM
Page 1 of 62
PUBLIC HEARING #1.
•Assuming approval of the billboard petition, which would facilitate the planned
transaction between Image Des Plaines and GW Properties, GW can confirm all four
tenant uses in the commercial development and three of the brands:
o Outback Steakhouse in a 5,000-square-foot freestanding building;
o First Watch, a breakfast-lunch restaurant, in a 4,000-square-foot “end cap”
space in the multitenant building;
o Five Guys Burgers and Fries in a 2,500-square-foot end cap unit; and
o A retail cannabis (adult use/recreational) dispensar y in the 4,000-square-foot
middle space of the multitenant building. The petitioner is not disclosing the
brand of the operator.
As a result of the approved zoning map amendment to the C-3 district (Ord. Z-51-21,
October 18, 2021), all of these uses are permitted. Renderings of the proposed First
Watch are attached.
•The development would generate additional revenue in multiple ways:
o Property tax: The current annual property tax bill is about $64,000. Based
on comparable commercial development in the area1, an estimated annual
property tax bill for the proposed development is $220,000. Because the
property is located in TIF District No. 7, the additional annual revenue –
estimated at approximately $150,000 – would go into the TIF 7 fund, which has
a negative fund balance2. Neither Image Des Plaines nor GW are asking for TIF
or any other incentives.
o Food and beverage tax: The following are annual average national per-store
sales3 for each of the proposed restaurant tenants:
Outback: $3.6 million
First Watch: $1.6 million
Five Guys: $1.2 million
Applying the one percent local tax and these volumes, an estimated $64,000 in
local food and beverage tax could be generated annually, assuming average
performance of the stores.
o Local cannabis tax: Research from various cannabis business sources reveals
a range of national average annual sales between $974 4-$1,773 5 per square foot.
Using the middle of the range, annual sales in this location would be an
estimated $5.5 million, which would generate $165,000 per year through the
City’s three percent cannabis tax, not including additional sales taxes (e.g.
Municipal Retailer’s Occupation Tax, Home Rule Retailers’ Occupation Tax).
1 Longhorn Steakhouse at 1470 E Touhy and the Starbucks-Potbelly multitenant center at 2655-2695 Mannheim.
2 The FY2022 City budget may be reviewed for more details. See Page 315, accessible at:
https://www.desplaines.org/civicax/filebank/blobdload.aspx?t=34786.23&BlobID=30965
3 2020 NRN Top 200 Report PDF (2021). Nation’s Restaurant News. Accessible at: https://www.nrn.com/store-topics/top-200.
4 McVey, E. (2021). “Chart of the Week: Cannabis Retailers Excel in Key Revenue Metric.” MJBizDaily. Accessed at
https://mjbizdaily.com/chart-of-the-week-cannabis-retailers-excel-in-key-revenue-metric/.
5 Evans, M (2019, January 10). “This is how much the average dispensary makes a month.” CannaSOS. Accessed at
https://cannasos.com/news/business/this-is-how-much-the-average-dispensary-makes-a-month.
Page 2 of 62
•The petitioner has stated in their submittals as well as at the October 18 meeting that
soil quality and environmental site issues make the project costlier than a typical
commercial development on a similar site. They have provided additional details:
o Soil excavation, hauling, and disposal will be up to $500,000 more for this site
than normal. (The Council may wish to ask how this estimate is derived.)o Poor soils will lead to more expensive and complicated building foundations
and footings to obtain proper structural integrity of the new buildings.
•The property is bound to certain covenants and restrictions such as building height,
building locations, and signage locations.
•For Image Des Plaines and GW to execute a deal to begin the development, the
petitioner has said the necessary zoning entitlements for the proposed billboard – the
requests for text amendments and variation – must be approved.
Issue: The petitioner and contract purchaser of 3.8 acres at the southeast corner of Mannheim Road and
Pratt Avenue (2805-2845 Mannheim Road) proposes erecting a new electronic message board billboard in
concert with a proposal for a restaurant-retail development (Case 21-041-MAP-TSUB-V, tentatively
approved by Ordinance Z-51-21). The petitioner is requesting approval of text amendments to two Sections
of the Zoning Ordinance to allow the project: 1.) To Section 12-11-5.H, which currently allows electronic
message board billboards only through the conversion of existing static billboards, and 2.) to 12-11-6.B to
increase the maximum number of City billboard permits that can be issued from 12 to 13, as well as an
exemption for billboards from the 600-square-foot area limitation for all signage on lots of 5 acres or less.
Finally, the petitioner is seeking a variation to allow a portion of a billboard to be within 300 feet of a
residential property line (127 feet).
PINs: 09-33-300-001-0000; 09-33-300-002-0000; 09-33-300-003-0000; 09-33-300-
004-0000; 09-33-300-005-0000; 09-33-300-006-0000; 09-33-300-007-0000;
09-33-300-008-0000; 09-33-300-009-0000; 09-33-301-008-0000; 09-33-301-
014-0000; 09-33-301-015-0000
Petitioner: Image Des Plaines LLC (Contact: Mike Scheid, Image Media, 5101 Darmstadt
Rd. Suite A Hillside, IL); Image Des Plaines is the contract purchaser of the
undeveloped parcels.
Owners: Undeveloped Parcels: Prominence Des Plaines LLC, 1375 Remington Rd,
Suite E, Schaumburg, IL 60173; Outlot A/Existing Billboard: Image Des
Plaines LLC
Existing Zoning: C-3 General Commercial District
Surrounding Zoning: North: C-3 General Commercial District
South: C-3 General Commercial District
East: C-3 General Commercial District
West: Commercial (Village of Rosemont)
Surrounding Land Use North: Commercial (banquet hall)
South: Tollway; Orchards at O’Hare commercial development
East: Railroad; ComEd facility
West: Commercial (hotel)
Page 3 of 62
Street Classification Mannheim Road is an arterial road, and Pratt Avenue is a local road.
Comprehensive Plan Commercial is the recommended use of the property
Project Description: Image Des Plaines LLC is contract purchaser of the undeveloped approximately
four acres at the southeast corner of Mannheim Road and Pratt Avenue, roughly
bordered by the Canadian National rail line on the east and I-90/Tollway on the
south. Aside from an existing static billboard in the southwest corner of the site,
it is currently vacant, despite having received redevelopment interest in the past
(most notably for a La Quinta Inn motel that did not materialize). As depicted
in Exhibit B to the ordinance approving the variation, in the southeast corner of
the site the petitioner intends to erect a new electronic message board billboard
on one sign face (facing east), a static billboard on the other sign face (facing
west), on a structure not to exceed 99 feet in height. Each 1,200-square-foot
sign face is aimed at I-90 traffic. The last time the City raised its allowance for
number of billboard permits was in 2005 by Ordinance Z-24-05. The new
billboard would be wholly within Lot 4 in the subdivision proposed in the
Tentative Plat of Subdivision that is part of the application for Case 21-041-
MA-TSUB-V (Ordinance Z-51-21). According to the petitioner, the billboard
is integral to the financing for the commercial development proposal inherent
to that application.
However, permitting the billboard requires 1.) a text amendment to Section 12-
11-5 to allow an electronic message board as an initial installation, as currently
they may only occur through conversions of existing static, non-electronic
billboards; 2.) a text amendment to Section 12-11-6 to increase the maximum
number of total City billboard permits (both static and electronic message
board) from 12 to 13; 3.) another text amendment to 12-11-6 to exempt
billboards from the signage limitation of 600 square feet on parcels of less than
5 acres; and 4.) a variation from the provision that requires at least 300 feet
between any portion of a billboard and a residential property line. The closest
portion of the proposed billboard “V” (i.e. two sign faces) is the northeast
corner. Per the measurement method prescribed by the Ordinance, the billboard
is 127 feet from residentially zoned property, which is PIN 09-33-302-002, an
unimproved, wooded property owned by ComEd. However, the closest lot line
of a property improved with a residence is 316 feet away. Based on staff review,
the proposed billboard would meet the other zoning and location requirements,
which generally include:
-The proposed location must be on a lot zoned C-1, C-2, C-3, M-1 M-2 or
M-3 (the subject site is now zoned C-3);
- The billboard must be within 660 feet of I-90 or I-294
-The proposed billboard must satisfy the spacing requirements of the Illinois
Advertising Control Act
-All third-party government approvals must be obtained
The petitioner has already sought approval from the Illinois Department of
Transportation and the Federal Aviation Administration. However, no
billboard can be constructed on this property without first obtaining approval
from the City of Des Plaines.
Page 4 of 62
PZB Action
The PZB held a public hearing and reviewed and concurred with the petitioner’s responses to text
amendment and variation standards and the staff memo comments, which are captured in the excerpt to the
draft minutes of the September 28, 2021 meeting (Attachment 10). The Board voted 5-0 to recommend
approval of both requests.
City Council Procedure and Recommended Conditions
Pursuant to Section 12-3-7.D.4 and 12-3-6.G of the Zoning Ordinance, the City Council may vote to approve,
approve with modifications, or deny the requests. The Council has final authority over the text amendments
and variation. Two ordinances are attached: Ordinance Z-52-21 would approve the zoning text amendments
and Ordinance Z-53-21 would approve the variation. Each requires a separate motion and vote.
Should the Council vote to approve the request, the following conditions for the variation are recommended:
1.The elevation drawing is revised so the billboard structure will not exceed 99 feet in height.
2.All required Illinois Department of Transportation (IDOT) and Federal Aviation Administration
(FAA) approvals are completed and obtained.
Additionally, the recommended effective date of the variation is tied to the installation of building foundations
for the commercial development approved by Ordinance Z-51-21.
Attachments:
Attachment 1: Location/Zoning Map
Attachment 2: Proposed Text Amendments
Attachment 3: Responses to Text Amendment Standards
Attachment 4: Responses to Variation Standards
Attachment 5: Project Narrative
Attachment 6: Staff Photos
Attachment 7: Lighting Study
Attachment 8: IDOT and FAA Documents
Attachment 9: Letter from PZB Acting Chairman Paul Saletnik
Attachment 10: Excerpt from Draft Minutes of September 28, 2021 PZB meeting.
Attachment 11: Petitioner Additional Information
Ordinance Z-52-21
Ordinance Z-53-21
Exhibit A: Legal Description
Exhibit B: Plat of Survey/Identified Location of Proposed Billboard
Exhibit C: Distance Exhibit
Exhibit D: Elevation Drawing of Billboard
Exhibit E: Unconditional Agreement and Consent
Page 5 of 62
Attachment 1 Page 6 of 62
Proposed additions are bold and double-underlined. Proposed deletions are struck through. Some
surrounding unamended text is included for context.
##
12-11-5: SIGN STANDARDS BY SIGN TYPE
H.Electronic Message Board Billboard: A new electronic message board billboard may be
permitted subject to the standards and regulations for billboards generally and electronic
message board billboards set forth in section 12-11-6 of this chapter. The static billboard
panels of a qualified billboard may be converted to electronic message board panels only
pursuant to an electronic message board billboard permit issued by the City, and subject to the
standards and regulations for electronic message board billboards set forth in section 12-11-6 of
this chapter. For the purposes of this subsection, a qualified billboard must meet the following
criteria:
1.The billboard was erected prior to the effective date of this subsection. If the billboard is
relocated in accordance with subsection 12-11-10C of this chapter, the date the billboard
was originally erected, prior to relocation, will be determinative.
2.The billboard must be a legally conforming billboard. For the purposes of this subsection
only, an applicant for an electronic message board billboard permit may establish that
the existing billboard is legally conforming by either:
a.Providing proof that the existing billboard was erected pursuant to a valid permit
issued by the City; or
b.Providing documentation to show that the existing billboard conforms with all of the
standards and regulations as set forth for billboards in section 12-11-6 of this chapter except for
the permit requirement.
c.Notwithstanding section 12-11-10 of this chapter, if a billboard is not legally conforming
in accordance with subsection H2a or H2b of this section, the removal and replacement of the
sign in the same location for the sole purpose of converting the static panels to electronic
message board panels is permitted only as a conditional use pursuant to section 12-3-4 of this
title, and subject to the standards and regulations for electronic message board billboards as set
forth in section 12-11-6 of this chapter.
3.The billboard must have a valid IDOT sign permit.
4.The billboard must be located within six hundred sixty feet (660') of I-90 or I-294.
##
Attachment 2 Page 7 of 62
12-11-6: REGULATION BY DISTRICT CLASSIFICATION:
B. Commercial, Manufacturing And Institutional Districts:
Sign Type Number, Height, And Other Limitations2
Billboards
Billboards shall be permitted only within the C-1, C-2, C-
3, M-1, M-2 and I-1 districts and located within 660 feet
of I-90 and I-294 toll roads.
Structure must be in compliance with the Illinois
department of transportation regulations and a valid
current IDOT permit must be presented with the
application for city permits.
The city shall cause to be permitted no more than 12 13
permits for outdoor advertising structures (billboards)
under subsection 12-11-3C3, "Billboard Permits", of this
chapter. The 13th billboard permit may be issued
only in accordance with Ordinance Z-53-21. As of
amendatory ordinance Z-24-05, all 12 permits have been
allocated to permittees.
Total surface area of the signs shall not exceed 1,200
square feet per face and 2,400 total square feet for a
double faced sign.
Height of the sign shall not exceed 99 feet from the base
of the pole to the top of the structure or 65 feet from the
surface of the pavement of the lane closest to the
structure, except as otherwise provided by a limited
variation ordinance adopted by council.
All billboards must meet the spacing requirements as
required by the Illinois advertising control act.
No portion of a billboard shall be allowed within 300 feet
of a residential property line. This distance shall be
measured at ground level from a line perpendicular to
the closest part of the billboard to the residential property
line.
. . .
Electronic message board
billboards
The electronic message board panel must not exceed
the square footage of the static panel replaced by the
electronic message board panel or 1,200 sq. ft.,
whichever is less.
The electronic message board panel must not exceed
the square footage of the static panel replaced by the
electronic message board panel or 1,200 sq. ft.,
whichever is less.
Attachment 2 Page 8 of 62
The electronic message board must be adequately
screened from any residential zoning district.
The electronic message board panel may only face the I-
90 or I-294 rights-of-way.
The applicant must submit an affidavit stating that all
required permits or approvals from IDOT, the FAA, or
any other government or regulatory agency or body with
proper jurisdiction, have been obtained for the proposed
electronic message board billboard.
The images and text displayed on the electronic
message board may be changed no more frequently
than once every 10 seconds or as established by
Federal or State guidelines for digital signage along an
interstate, whichever is greater. Each change must be
completed in 1 second or less.
Sounds, animation, moving video, flashing, blinking,
spinning, or any other appearance of movement are
prohibited.
The sign must possess an ambient light sensor and
utilize automatic dimming capabilities so that the
maximum luminescence level is not more than 0.3 foot
candle over ambient light levels measured as close to
perpendicular to the sign face as possible and measured
from the appropriate distance as set forth in the table
below:
Sign Face Size Distance From
Which To Measure
Under 300 sq. ft.
300 - 385 sq. ft.
386 - 680 sq. ft.
681 - 1,200 sq. ft.
150'
200'
250'
350'
The applicant, with written permission from the
landowner, must apply for and obtain the following
permits from the City prior to performing any alterations
to the existing billboard: 1) a building permit for the
electronic message board panels and support structure;
and 2) an electronic message board billboard sign
permit. Plans prepared by a licensed structural engineer
must be submitted with the permit application.
Attachment 2 Page 9 of 62
City sponsored messages must be made available for
display on the electronic message board on a regular
rotation, as determined by agreement between the City
and the applicant. City sponsored messages include
without limitation Amber Alerts, FBI wanted messages,
weather alerts, and messages promoting City sponsored
events. The City sponsored messages will be displayed
at no cost to the City.
Notes:
1. In the case where there are multiple uses in a single structure (i.e., commercial strip
shopping center) 1 wall sign is permitted for each business, however the aggregate total
square footage of all signs shall not exceed the limits set forth in this section.
2. On parcels less than 5 acres, the total square footage area of all signs shall not exceed
600 square feet, not including area for static or electronic message board billboards.
Attachment 2 Page 10 of 62
STANDARDS FOR TEXT AMENDMENTS
The Planning and Zoning Board and City Council review the particular facts and circumstances of each
proposed Text Amendment in terms of the following standards. Keep in mind that in responding to the
questions below, you are demonstrating that the proposed text change is appropriate for the entire
jurisdiction, not just a particular site. Please answer each question completely and thoroughly.
1.Is the proposed amendment consistent with the goals, objectives, and policies of the Comprehensive Plan?
Yes the amendment and redevelopment is consistent with the comprehensive plan. The current
contaminated, vacant, 3.81-acre parcel will be purchased by Image Des Plaines, LLC and GW Properties and
developed in accordance with Village staff requirements. Subject to amendment approval, Image Des
Plaines, LLC is contributing over 1-million dollars to the development partner, to offset the cost of purchase
and remediation.
2. Is the proposed amendment compatible with current conditions and the overall character of existing
development in the immediate vicinity of the subject property?
Yes, the proposed amendment is consistent with similar developments in the immediate vicinity. There
are numerous billboards through out the general area, including a sign immediately to the west. On the
south side of I-90 there are (4) four signs, spaced 500’ ft apart, beginning at Mannheim road and moving
East. To the East of subject site, a railroad and forested area exists to buffer residential properties. The
proposed sign will be positioned so as to have no impact on the residential area.
3.Is the proposed amendment appropriate considering the adequacy of public facilities and services available
to the subject property?
Yes. No public facilities or services have been utilized to the vacant property over the past 20-years. The
redevelopment of this parcel will provide for enhanced services and facilities contributed by the developer,
ie: rebuild water lines, utilities etc.
4. Will the proposed amendment have an adverse effect on the value of properties throughout Des Plaines?
No, the proposed amendment will have a positive effect. With the passage of the amendment, Image Des
Plaines, LLC and GW Properties will close on the property and begin the redevelopment process of the 3.8-
acre parcel. It is anticipated that three to four buildings consisting of restaurant and retail space, will take
place on this property, resulting in a net benefit to the surrounding properties and City of Des Plaines.
5. Does the proposed amendment reflect responsible standards for development and growth?
Yes. Billboards have been removed with no additional sites replacing them over the past few years. This
site was approved for a second billboard in 2004-2005. The redevelopment of the property will provide for
additional services to the community, clean-up an adverse health concern, and increase the tax base.
Attachment 3 Page 11 of 62
1
STANDARDS OF VARIATIONS
1.What would you describe as the hardship(s) that prevent you from being able to carry out
the strict letter of the provisions of the Zoning Ordinance?
The Zoning Ordinance requires a 300’ foot distance from the edge of an advertising sign
structure to a residential zoned lot. Our proposed sign is approximately 340’ feet to the
closest edge of a residential lot containing a residential dwelling. We are seeking relief
from arbitrary residential zoning which happens to be a ComEd substation as well as a
non-buildable lot which is also zoned residential. The distance from our sign to the middle
of Greco Ave, to the East is approximately 160’ feet. Our proposal does meet the “spirit”
of the ordinance by virtue of the approximate 340’ foot measurement to a utilized
residential lot. However, the strictest interpretation results in an approximate 140’ foot
shortfall when measured to the West of the ComEd distribution facility, and the center of
Greco Ave.
2.How do site conditions prevent the reasonable use of your land under the terms of the
Zoning Ordinance?
There are no apparent site conditions which prevent our proposed use of the land for our
billboard development. There are no utilities or topographic issues, etc. However the
overall 3.8 acre subject property does contain significant contamination. It is anticipated
the developer/co-buyer of the property will use our significant easement purchase
revenue to offset required remediation costs. Without our substantial financial
contribution, the property may remain undeveloped for the foreseeable future.
3.To the best of your knowledge, can you affirm that the physical condition of your property
was not created by an action of anyone having property interests in the land after the
Zoning Ordinance of 1998 was adopted, or as the result of other governmental action, or
was created by natural forces:
Yes. It is our understanding prior to the property consolidation in the early 2000’s there
was significant contamination activity by a number of the individual parcel owners. The
current ownership including Image Des Plaines, LLC did not contribute to the
contamination but will ultimately have to pay for its removal.
4.How would the denial of the variation deprive you from rights enjoyed by other pers ons
subject to the same provisions?
The utilized residential properties approximately 340’ feet to the East are effected to
some degree by the three (3) billboard sites on the south side of the expressway which
Attachment 4 Page 12 of 62
2
face towards their properties. The closest of these signs is approximately 330’ feet from
residential. Although our sign is a similar distance to the occupied residential dwellings
there are additional physical barriers between our proposed sign and the residents. The
railroad crossing barrier as well as a heavily wooded area of approximately 275’ feet lies
between our sign site and the residential to the East. The existing trees are taller than the
height of our sign and provide a natural screening. Finally and most significantly, our
Eastern facing sign display will be positioned in a Southeasterly direction which will
minimalize its visibility to the residential property to the East. Due to these factors, we
believe our proposed sign will be less impactful than the three (3) existing signs on the
South side of the highway.
5. Is the requested variation the minimum measure of relief necessary to alleviate the
alleged hardship or difficulty presented by the strict application of the Zoning Ordinance?
Yes. We are seeking the recognition that the 300’ foot spacing measurement was
intended to be measured from a sign to an occupied residential zone. In the above
circumstance we are approximately 340’ feet away. In the alternative, we are seeking an
acknowledgement that the 160’ foot spacing from our sign to the nearest residential
zoning (which is the middle of Greco Ave.) is extremely misleading due to the fact that
the ComEd distribution facility lies between Greco Ave. and occupied residential zoning
East of Sycamore St. The ComEd distribution facility is not an appropriate use for a
residential district.
6. Will the granting of the variation be in harmony with the neighborhood and the provisions
of the Zoning Ordinance from which it is being sought?
We believe the variance will enhance the property by virtue of the financial contribution
Image Des Plaines, LLC is contributing to the property’s redevelopment. In addition to the
natural forested barrier between our sign site and the residential district the economic
influx that Image Des Plaines, LLC is contributing to the project will result in a grouping of
two (2) or three (3) restaurants and retail space, which will not only benefit the
surrounding neighbors but will add needed tax revenues to the City of Des Plaines as well.
Attachment 4 Page 13 of 62
Attachment 5 Page 14 of 62
Staff Photos
Looking west at proposed billboard area from
Central and Sycamore, in front of nearest
residential homes to proposed billboard
Looking west from Central, mid-block
Approximate location of the proposed billboard
Attachment 6 Page 15 of 62
August 24, 2021
Background on Optical Measurements and Calculations
Watchfire Signs has manufactured outdoor electric signs since 1932 and led signs since 1996. We
have more than 60,000 led signs in operation worldwide.
Incandescent signs were commonly measured using illuminance measurements, partly because the
light bulb is ideally a point source of light, illuminating equally in all directions, and illuminance meters
are commonly available and inexpensive. Foot-candle measurements are made at a defined distance
from the sign and the magnitude depends on the physical size of the sign.
LED signs are highly directional however, which is an advantage in an urban setting since the light can
be directed more precisely to the intended audience. Luminance measurements have been used to
specify LED signs by the industry. The candela per square meter (NITs) unit allows a specification that
does not depend on size or viewing distance.
The study done on the sign adjacent to a residential area used actual lab measurements made on
modules using an illuminance meter. These measurements and extrapolations are then scaled up to
the size of the sign and the distance corrections are made using the inverse square law.
Watchfire adopted brightness standards set forth by both the ISA (International sign Association) and
OAAA (Outdoor Advertising Association of America). The standards used are based on the studies of
Dr. Lewin and the IESNA (Illuminating Engineering Society of North America).
Below is a list of some of the measurement equipment used by Watchfire engineers.
Equipment used by Watchfire engineers to make lighting measurements:
Foot-candles/Lux - Minolta Illuminance Meter T-10
NITs/candela/sq. m – Minolta Luminance Meter LS-100
Sign Calibration – Minolta CS-1000 Spectra radiometer
Attachment 7 Page 16 of 62
SIGN LIGHTING STUDY
Sign Details
Size: 20’x60’ Digital Billboard
Location: City of Des Plaines
Light measurements are completed in foot-candles. A foot-candle is the amount of light produced by a
single candle when measured from 1 foot away. For reference two 400-watt metal halide lights produce
15 foot-candles each at an average mounting height of 50 feet. Compare to the table below for light
output of proposed digital billboard.
The table represents the total increase in ambient light produced by the sign under normal or typical
operation at night. The ambient light increases will be less than shown in the chart since they fail to
consider any objects blocking the line of site to the sign. Obstructions such as trees would further
reduce real world overall ambient light increases. In addition to obstructions any existing light within the
viewing cone will further diminish any light increase.
Light values in foot-candles at night under typical operation
0 degrees 20 degrees 40 degrees 60 degrees 75 degrees
100’ 0.8883 0.7328 0.4948 0.2238 0.0444
200’ 0.2221 0.1832 0.1237 0.0560 0.0111
300’ 0.0987 0.0814 0.0550 0.0249 0.0049
400’ 0.0555 0.0458 0.0309 0.0140 0.0028
500’00 0.0375 0.0309 0.0209 0.0095 0.0019
Attachment 7 Page 17 of 62
Attachment 7 Page 18 of 62
Conclusion
Given the above comparisons and measurements, the area will see an almost undetectable difference in ambient
light after installation of the digital led displays. Light levels at the nearest residential structure will be a fraction of
the recommended 0.3 foot-candles. Ambient light levels are more heavily impacted by street, building, and
landscape lights than the increases produced by a LED display.
Ray Digby
Office 800-637-2645, ext. 3006
email ray.digby@watchfiresigns.com
Attachment 7 Page 19 of 62
Attachment 8 Page 20 of 62
Attachment 8 Page 21 of 62
Attachment 8 Page 22 of 62
Attachment 8 Page 23 of 62
Attachment 8 Page 24 of 62
Attachment 8 Page 25 of 62
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
September 29, 2021
Mayor Goczkowski and Des Plaines City Council, CITY OF DES PLAINES
Subject: Planning and Zoning Board, 2805-2845 Mannheim Road, 21-042-TA-V, 6th Ward
RE: Consideration of Zoning Text Amendments and a Major Variation for the purposes of installing a
new billboard structure, which includes an electronic message board billboard.
Honorable Mayor and Members of the Des Plaines City Council:
The Planning and Zoning Board (PZB) met on September 28, 2021 to consider two requests to allow a new
billboard structure, which includes an electronic message board billboard, in Lot 4 of the proposed
subdivision/development at 2805-2845 Mannheim Road.
1. Representatives for petitioner Image Des Plaines LLC presented their proposal. They explained and
addressed the standards for the proposed text amendments to increase the number of available City
billboard permits, to allow the initial installation of an EMB billboard, and to remove billboards from the
maximum sign area for lots of less than 5 acres. They also explained why they require a variation from
the minimum distance between the proposed billboard and a residential lot line.
2.PZB members asked about the role of the billboard in making the development financially feasible, and
the developer explained. They asked for clarification on the nature of the residential property that falls
within the required 300-foot distance, which the petitioner explained was unimproved land. The lot line
of the nearest residential home is 316 feet away from the closest point of the proposed billboard.
3. CED staff summarized the staff report and excerpts from the submittal, such as the lighting study. Staff
displayed a presentation with an excerpt from the Zoning Map and showed the illustration of the billboard.
Staff provided clarification on the number of existing billboards in Des Plaines and how that differs from
the billboards with permits, of which there are only 12, as well as the revenue implications of billboards.
No members of the public spoke on this petition.
4.The PZB recommended (5-0) that the City Council approve the request with the following conditions: (i)
the billboard permit shall not be issued until construction has commenced for the proposed restaurant and
retail development at 2805-2845 Mannheim, proposed through Case 21-041-MAP-TSUB-V; (ii) the
elevation drawing is revised so the billboard structure will not exceed 99 feet in height; and (iii) all
required IDOT and FAA approvals are completed and obtained for the current, up-to-date proposal.
Respectfully submitted,
Paul Saletnik,
Des Plaines Planning and Zoning Board, Acting Chairman
Cc: C ity Officials/Aldermen
Attachment 9 Page 26 of 62
Excerpt from Draft Minutes for the September 28, 2021, Planning & Zoning Board Meeting
5.2805-2845 Mannheim Road Case Number: 21-042-TA-V
Public Hearing
The petitioner is requesting text amendments to Section 12-11-5 of the Zoning Ordinance to allow the
initial installation of an electronic message board billboard and Section 12-11-6 to increase the total
number of allowable billboards across the City from 12 to 13. The petitioner is also requesting a major
variation, as required by Section 12-11-6, for a portion of a proposed billboard to be less than the
minimum 300 feet away from a residential property line, as well as any other variations, waivers, and
zoning relief as may be necessary.
PINs: 09-33-300-001-0000; 09-33-300-002-0000; 09-33-300-003-0000; 09-33-300-004-
0000; 09-33-300-005-0000; 09-33-300-006-0000; 09-33-300-007-0000; 09-33-
300-008-0000; 09-33-300-009-0000; 09-33-301-008-0000; 09-33-301-014-0000
Petitioner: Image Des Plaines, LLC, 5101 Darmstadt Road, Suite A, Hillside IL 60142
Owner: Prominence Des Plaines LLC, 1375 Remington Road, Suite E,
Schaumburg IL, 60173
Acting Chairman Saletnik swore in Dan Dowd, attorney representing, Image Des Plaines, LLC, the
Petitioner. Mr. Dowd provided an overview of the draft amendments, which are site specific to the site.
Mike Schied provided information on the location of the billboard, along with lighting and illumination
specifications and City requirements. Mr. Schied also stated that Illinois Department of Transportation
(IDOT) and Federal Aviation Administration (FAA) approvals have been secured.
Acting Chairman Saletnik asked if the Board had any questions. There were no questions or comments.
Acting Chairman Saletnik asked if there were any questions or comments from the audience. There were
no comments.
Acting Chairman Saletnik asked that the Staff Report entered into record. Director Carlisle provided a
summary of the following report:
Issue: The petitioner and contract purchaser of 3.8 acres at the southeast corner of Mannheim Road and
Pratt Avenue (2805-2845 Mannheim Road) proposes erecting a new electronic message board billboard
in concert with a proposal for a restaurant-retail development (Case 21-041-MAP-TSUB-V). The petitioner
is requesting approval of text amendments to two Sections of the Zoning Ordinance to allow the project:
1.) To Section 12-11-5.H, which currently allows electronic message board billboards only through the
conversion of existing static billboards, and 2.) to 12-11-6.B to increase the maximum number of billboard
permits that can be issued citywide from 12 to 13, as well as an exemption from the 600-square-foot
limitation for all signage on lots of 5 acres or less. Finally, the petitioner is seeking a variation to allow a
portion of a billboard to be within 300 feet of a residential property line (approximately 127 feet).
PINs: 09-33-300-001-0000; 09-33-300-002-0000; 09-33-300-003-0000; 09-33-300-004-0000;
09-33-300-005-0000; 09-33-300-006-0000; 09-33-300-007-0000; 09-33-300-008-0000;
09-33-300-009-0000; 09-33-301-014-0000; 09-33-301-014-0000; 09-33-301-015-0000
Attachment 10 Page 27 of 62
Petitioner: Image Des Plaines LLC
Owner: Prominence Des Plaines LLC, 1375 Remington Rd, Suite E, Schaumburg, IL 60173
Existing Zoning: C-2 Limited Office District (proposed as C-3 General Commercial District)
Surrounding Zoning: North: C-3, General Commercial District
South: C-3, General Commercial District
East: C-3, General Commercial District
West: Commercial (Village of Rosemont)
Surrounding Land Use North: Commercial (banquet hall)
South: Tollway; Orchards at O’Hare commercial development
East: Railroad; ComEd facility
West: Commercial (hotel)
Street Classification Mannheim Road is an arterial road, and Pratt Avenue is a local road.
Comprehensive Plan Commercial is the recommended use of the property.
Project Description:
Image Des Plaines LLC is contract purchaser of the approximately 3.8-acre site at the southeast corner of
Mannheim Road and Pratt Avenue, roughly bordered by the Canadian National rail line on the east and I-
90/Tollway on the south. Aside from an existing electronic message board billboard in the southwest
corner of the site, it is currently vacant, despite having received redevelopment interest in the past (most
notably for a La Quinta Inn motel that did not materialize). As depicted in Attachment 6, in the southeast
corner of the site the petitioner intends to erect a new electronic message board billboard, not to exceed
99 feet in height, with two 1,200-square-foot sign faces aimed at both directions of I-90 traffic. The last
new, additional billboard permitted by the City was in 2005 by Ordinance Z-24-05. The new billboard
would be wholly part of Lot 4 in the subdivision proposed in the Tentative Plat that is part of the
application for Case 21-041-MA-TSUB-V. Permitting and erecting the billboard is integral to the financing
for the restaurant-and-retail proposal inherent to that application.
However, permitting the billboard requires 1.) a text amendment to Section 12-11-5 to allow an electronic
message board as an initial installation, as currently they may only occur through conversions of existing
static, non-electronic billboards; 2.) a text amendment to Section 12-11-6 to increase the maximum
number of total billboard permits (both static and electronic message board) within the City from 12 to
13; 3.) another text amendment to 12-11-6 to exempt all billboards from the signage limitation of 600
square feet on lots of less than 5 acres; and 4.) a variation from the provision that requires at least 300
feet between any portion of a billboard and a residential property line. The closest portion of the proposed
billboard “V” (i.e. two sign faces) is the northeast corner. Per the measurement method of the Ordinance,
the billboard is 127 feet from residentially zoned property, which is PIN 09-33-302-002, an unimproved,
wooded property owned by ComEd. However, the closest lot line of a property improved with a residence
is 316 feet away. Based on staff review, the proposed billboard would meet the other zoning and location
requirements, which generally include:
-The proposed location must be on a lot zoned C-1, C-2, C-3, M-1 M-2 or M-3 (the subject site is
currently zoned C-2 and proposed as C-3);
Attachment 10 Page 28 of 62
- The billboard must be within 660 feet of I-90 or I-294
- The proposed billboard must satisfy the spacing requirements of the Illinois Advertising Control Act
- All third-party government approvals must be obtained
The applicant has already sought approval from the Illinois Department of Transportation and the Federal
Aviation Administration. However, no billboard can be constructed on this property without first obtaining
approval from the City of Des Plaines.
Standards for Text Amendments:
The standards for amendments are contained in Section 12-3-7.E of the Zoning Ordinance. The following
is a discussion of those standards.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the
comprehensive plan, as adopted and amended from time to time by the city council;
Comment: The Comprehensive Plan does not specifically mention billboards but does call out an economic
development vision for “a variety of retail, dining, and entertainment options, with special focus on major
commercial corridors….” These amendments, which are narrowly aimed at a specific sign on a specific
site.
2. Whether the proposed amendment is compatible with current conditions and the overall character
of existing development;
Comment: Allowing only one additional billboard, in the proposed location, would be compatible with the
general character of commercial properties directly next to the Tollway, where billboards are common.
3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and
services available to this subject property;
Comment: The petitioner’s site plan shows an access easement to get to the proposed billboard for
maintenance or emergency purposes. Further, the property overall is easy for public safety or Public
Works crews to access because it is at the visible corner of Mannheim and Pratt. The billboard structure
will not be permitted to interfere with any infrastructure, above- or underground.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction;
Comment: The proposed amendments enable the installation of only one new billboard in a specific
location, so the only properties across the city that would be affected are those with residents who may
be able to see it. However, the many trees and railroad area that separate the proposed billboard from
the single-family residential development along Central Avenue and Sycamore Street are likely to provide
adequate screening. Further, the rules in the existing ordinance limit the luminescence level detectable
outside of the property line, and these are not proposed to change. The petitioner has submitted a lighting
study, which indicates compliance with the luminescence limitations.
It appears more likely that the reactivation of a long-vacant site – which is generally a drag on property
values – may be more beneficial to the property values of the area than any concerns generated by the
billboard.
5. Whether the proposed amendment reflects responsible standards for development and growth.
Comment: The amendments are deliberate and narrow, particularly by extending the allowance for new
billboards by only one. They would not lead to an over-proliferation of billboards.
Attachment 10 Page 29 of 62
Standards for Variation:
The standards for variations contained in Section 12-3-6.H of the Zoning Ordinance are discussed below.
1.Hardship: Carrying out the strict letter of the provisions of this title would create a particular hardship
or a practical difficulty;
Comment: For the new proposed billboard to be the minimum distance according to state spacing
requirements from the existing on-site billboard, it must be located in the far southeast corner of the
subject property. Further, the southeast portion of the site least intrusive with the affiliated proposed
restaurant-and-retail development. Those factors necessitate locating the sign within 300 feet of a
residential property line.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the
same provision by reason of a unique physical condition, including presence of an existing use,
structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size;
exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent
in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or
arise out of the lot rather than the personal situation of the current owner of the lot.
Comment: The site’s boundary with the Tollway is a diagonal line, as is its boundary with the railroad. With
respect to billboards, they are only logical and permissible when directly next to an expressway. Further,
as addressed under the “hardship/practical difficulty” standard, because of the location of the existing
billboard on the site, a second billboard would have to be sited in the southeast corner, where it would
run afoul of the 300-foot-minimum distance. There is also underground public sanitary sewer, access to
which must be maintained.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction
of the owner or its predecessors in title and existed at the time of the enactment of the provisions from
which a variance is sought or was created by natural forces or was the result of governmental action,
other than the adoption of this title.
Comment: The location of all infrastructure was established by other public and private entities, and
necessitates the location of the billboard in its proposed location.
4.Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance
is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners
of other lots subject to the same provision.
Comment: The strict letter of the provision does not take into consideration a residentially zoned piece of
land that is unlikely to actually be developed and inhabited by residents. The location of the billboard at
316 feet from the lot line of the nearest actual house meets the intent of the Ordinance. Other billboard
permittees in the past likely did not have a scenario similar to the one necessitating a variation in this
case.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the
owner or occupant to enjoy some special privilege or additional right not available to owners or
occupants of other lots subject to the same provision, nor merely the inability of the owner to make
more money from the use of the subject lot.
Comment: While the strict application encompasses all residentially zoned property, the intent of the 300-
foot-rule is to provide ample space between a residence and a billboard. Granting this variation would not
compromise that intent and therefore not grant a special privilege compared to other billboard owners.
Attachment 10 Page 30 of 62
6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot
that would be not in harmony with the general and specific purposes for which this title and the
provision from which a variation is sought were enacted or the general purpose and intent of the
comprehensive plan.
Comment: The variation would enable the billboard, which would enable a restaurant-and-retail
development on the site, which is supported by the Comprehensive Plan.
7. No Other Remedy: There is no means other than the requested variation by which the alleged
hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of
the subject lot.
Comment: Because of regulatory and practical factors, this proposed location of the billboard is the only
reasonable location.
8. Minimum Required: The requested variation is the minimum measure of relief necessary to alleviate
the alleged hardship or difficulty presented by the strict application of this title.
Comment: Only the moving of the billboard to the west and north would lessen the need for relief, and
for reasons stated under other standards, this move would not be practical.
PZB Procedure and Recommended Conditions: Pursuant to Sections 12-3-7(D)3 of the Zoning Ordinance,
the PZB may vote to recommend approval, approval with modifications, or disapproval. The City Council
has final authority over the text amendments and variation.
Should the PZB recommend and/or the City Council approve the request, staff suggests the following
conditions for the variation:
1. The billboard permit shall not be issued until and unless construction has commenced for the
proposed restaurant and retail development at 2805-2845 Mannheim, proposed through Case
21-041-MAP-TSUB-V.
2. The elevation drawing is revised so the billboard will not exceed 99 feet in height.
3. All required IDOT and FAA approvals are completed and obtained for the current, up-to-date
proposal. Approvals from previous proposals will not be accepted by the City if no longer valid.
Director Carlisle provided clarification on the amendments in question. The clarification and corrections
are as follows:
• Only 12 billboard structures permits are issued by the City. The proposal is to expand the permit
count to 13. There are other billboards that do not have a City permit but are either conforming
structures because they meet all rules of the Ordinance or are nonconforming.
• The last time the City increased the number of possible billboard permits was in 2005 by
Ordinance Z-24-05.
Director Carlisle went over the previous licensing fees and the current revenue structure.
Per the City Attorney, if the Board chose to recommend approval, the portion of the draft amendments
under Section 12-11-6 should be revised to state:
Attachment 10 Page 31 of 62
“The city shall cause to be permitted no more than 12 13 permits for outdoor advertising
structures (billboards) under subsection 12-11-3C3, "Billboard Permits", of this chapter. The
13th billboard permit shall be issued only in accordance with Ordinance Z-XX-21. As of
amendatory ordinance Z-24-05, all 12 permits have been allocated to permittees. (This
Ordinance number will be updated if the text amendment and variation for Case 21-042-TA-V is
successful.)”
The Planning and Zoning Board chose to break out the approval into two motions.
A motion was made by Board Member Hofherr, seconded by Board Member Catalano for approval of
the revised text amendments, per City Attorney, to Section 12-11-5 of the Zoning Ordinance to allow
the initial installation of an electronic message board billboard and Section 12-11-6 to increase the total
number of billboard permit across the City, with the additional permit to be issued in accordance with
a future ordinance, and with the condition that the billboard permit shall not be issued until and unless
construction has commenced for the proposed restaurant and retail development at 2805-2845
Mannheim, proposed through Case 21-041-MAP-TSUB-V.
AYES: Hofherr, Catalano, Fowler, Veremis, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
A motion was made by Board Member Catalano, seconded by Board Member Fowler, for approval of
a major variation, as required by Section 12-11-6, for a portion of a proposed billboard to be less than
the minimum 300 feet away from a residential property line, as well as any other variations, waivers,
and zoning relief as may be necessary, with the following conditions: (1) The billboard permit shall not
be issued until and unless construction has commenced for the proposed restaurant and retail
development at 2805-2845 Mannheim, proposed through Case 21-041-MAP-TSUB-V; (2) The elevation
drawing is revised so the billboard will not exceed 99 feet in height; and (3) All required IDOT and FAA
approvals are completed and obtained for the current, up-to-date proposal. Approvals from previous
proposals will not be accepted by the City if no longer valid.
AYES: Catalano, Fowler, Hofherr, Veremis, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY**
Attachment 10 Page 32 of 62
November 23, 2021
RECONSIDERATION OF REQUESTS FOR ZONING TEXT AMENDMENTS AND VARIATION AT 2805-2845
MANNHEIM TO ALLOW A NEW BILLBOARD IN THE SOUTHEAST CORNER OF A PROPOSED
COMMERCIAL REDEVELOPMENT
IMAGE DES PLAINES AND GW PROPERTIES Q&A:
1.Please list the confirmed tenants for the proposed commercial developments and their footprints
and locations within the development as shown on the site plan. Explain the formal
commitments these tenants have made (i.e. lease, ground lease, etc). Does GW have signed and
binding agreements? Would timeline delays cause any of these commitments to break?
Outback Steakhouse: 5,000 sf freestanding building and commitment via a ground lease
National Cannabis User: 4,000 sf in the middle of the multi-tenant building. At lease with them
First Watch Café: 4,000 sf in North endcap of the multi-tenant building and have a lease with
them
Five Guys Burgers: 2500 sf on the south end of the multi-tenant building. We have a signed
letter of intent and are proceeding to lease
The tenants understand the development process and are expecting we can deliver a building
for their occupancy in Q3 of 2022. If this project gets delayed, their occupancy could be in
jeopardy but all tenants have a goal of opening for business in 2022.
2.You provided sales estimates for the restaurant chains. Please identify the source.
The sales estimated come in combination from national averages and from projected volumes
from parties close to the transaction. Each tenant runs their own modeling for projected sales
and it is tied to a lot of factors but to support the development and occupancy costs for them
here, I am suggesting that the volumes must be strong since there is a natural barrier to entry
for a new construction development today.
3.In the October 18 City Council meeting, GW noted that the soil posed challenges in terms of cost
(“several hundred thousand dollars”) and development, a gap that could be compensated for by
the billboard. Provide more details (i.e. estimates/range compared with a similar greenfield site
without challenges) on the additional cost and how the billboard company’s involvement makes
this a feasible project.
The poor soils and contaminated history on the site have led to several areas of increased
development costs. More expensive soil excavation, hauling and disposal will be up to $500,000
more for this site than normal. Also, the poor soils will lead to more expensive and complicated
building foundations and footings in order to obtain proper structural integrity of the new
buildings. Final costs are not known but it is significant. Also, GW interest to purchase this
property is through Image Media and we would be keeping ownership on the shopping center
with no ownership of the billboard in any way by GW. Image Media is selling the property to GW
Attachment 11 Page 33 of 62
November 23, 2021
at a price that allows for our development of the property under current market conditions. In
absence of this subsidized price, this development would not be feasible because we would be
purchasing the property at a higher price and with major restrictions as instituted by past
ownership and easements. This development works under this structure because the price is
reduced to allow for us to bear these extraordinary costs and accept the restrictions as imposed.
4. Both GW and Image Des Plaines have spoken to private covenants that restrict the potential
future uses of the site. Please list these and explain how the proposed development would not
run afoul of these covenants.
See above but these restrictions include building height restrictions, building locations, signage
locations and then utility easements running through the property. The surveys show some of
this already but our contract to purchase also outlines these restrictions which make the
development potential here difficult. The soft and poor soils also create some natural
environmental restrictions.
5. Realistic timeline: Assuming approval of the billboard entitlements and the final plat of
subdivision for the commercial development/entire site, and factoring in a reasonable review
time by outside agencies, when could construction begin? When would building foundations be
installed? When would construction be finished and businesses would be open?
Our goal would be begin construction in the spring 2022, pending receipt of permits. The goal
would be to have foundations poured in the spring. The project would hopefully be completed
by the fall of 2022 with tenant opening in the fall or winter of 2022.
Attachment 11 Page 34 of 62
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Attachment 11 Page 40 of 62
Reconsideration Version
{00123596.1}
CITY OF DES PLAINES
ORDINANCE Z - 52 - 21
AN ORDINANCE AMENDING THE TEXT OF THE DES
PLAINES ZONING ORDINANCE REGARDING
BILLBOARDS (CASE# 21-042-TA-V). ____________
WHEREAS, the City is a home rule municipal corporation in accordance with Article VII,
Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning
Ordinance"), is codified as Title 12 of the City Code; and
WHEREAS, Section 12-11-5 of the Zoning Ordinance establishes that electronic message
board billboards may not be installed except through the conversion of existing static billboards;
and
WHEREAS, Section 12-11-6 of the Zoning Ordinance establishes the number of
billboards permits that may be issued by the City; and
WHEREAS, Section 12-11-6 of the Zoning Ordinance also provides that on parcels
consisting of less than five acres located in commercial, manufacturing, and institutional districts
of the City, the total square footage area of all signs must not exceed 600 square feet; and
WHEREAS, Image Des Plaines LLC (“Petitioner”) is the owner of that certain parcel of
real property located at the corner of Mannheim Road and the I-90 Expressway (“Petitioner’s
Property”); and
WHEREAS, the Petitioner’s Property is improved with a double-faced V-shaped billboard
sign; and
WHEREAS, the Petitioner is the contract purchaser of the approximately four-acre parcel
of real property owned by Prominence Des Plaines, LLC commonly known as 2805-2845
Mannheim Road, Des Plaines, Illinois and directly abutting the Petitioner’s Property; and
WHEREAS, the Petitioner, has submitted an application to amend the Zoning Ordinance
as follows: (i) amend Section 12-11-5 to allow electronic message board billboards to be erected
without requiring the conversion from static billboards; (ii) amend Section 12-11-6 of the Zoning
Ordinance to increase the number of billboard permits that may be issued by the City from 12 to
13 and to exclude billboard sign area from the calculation of maximum sign area (collectively,
“Proposed Text Amendment”); and
WHEREAS, a public hearing by the Planning and Zoning Board ("PZB") to consider the
Proposed Text Amendment was duly advertised in the Des Plaines Journal on September 8, 2021,
and held on September 28, 2021; and
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WHEREAS, on September 28, 2021, the PZB voted 5-0 to recommend approval of the
Proposed Text Amendment, which recommendation was forwarded in writing to the City Council
on September 29, 2021; and
WHEREAS, on October 18, 2021, the City Council considered the Proposed Text
Amendment; and
WHEREAS, on December 6, 2021, the City Council held an additional public hearing,
which was duly noticed and advertised in the Des Plaines Journal on November 17, 2021, in order
for the City Council to again consider the Proposed Text Amendment; and
WHEREAS, the City Council has considered the factors set forth in Section 12-3-7.E,
titled "Standards for Amendments," of the Zoning Ordinance; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
adopt the Proposed Text Amendment as set forth in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof.
SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration
of the Text Amendments has complied with the provisions of Section 12-3-7 of the Zoning
Ordinance.
SECTION 3. SIGN STANDARDS BY TYPE. Subsection 12-5-11.H, titled “Electronic
Message Board Billboards,” of Section 5, titled “Sign Standards by Type,” of Chapter 11, titled
"Signs," of the Zoning Ordinance is hereby amended to read as follows:
“12-11-5: SIGN STANDARDS BY TYPE:
* * *
H. Electronic Message Board Billboard: A new electronic message
board billboard may be permitted subject to the standards and
regulations for billboards generally and electronic message board
billboards set forth in section 12-11-6 of this chapter. The static
billboard panels of a qualified billboard may be converted to
electronic message board panels only pursuant to an electronic
message board billboard permit issued by the City, and subject to the
standards and regulations for electronic message board billboards set
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forth in section 12-11-6 of this chapter. For the purposes of this
subsection, a qualified billboard must meet the following criteria:
* * *”
SECTION 4. COMMERCIAL, MANUFACTURING AND INSTITUTIONAL
DISTRICTS. Subsection 12-6-11.B, titled “Commercial Manufacturing and Institutional
Districts,” of Section 6, titled “Regulation By District Classification,” of Chapter 11, titled
"Signs," of the Zoning Ordinance is hereby amended to read as follows:
“12-11-6: REGULATION BY DISTRICT CLASSIFICATION:
* * *
B. Commercial, Manufacturing And Institutional Districts: It shall be unlawful
for any person to construct or maintain a sign in any commercial district,
manufacturing district, or the I-1 Institutional District, except as follows.
For the purposes of providing sign uniformity, a propert y may incorporate
both wall and monument signs or wall and pole signs; however, the use of
monument signs in conjunction with pole signs is prohibited.
Monument or pole signs containing electronic message boards shall be
subject to the same standards as set forth in this subsection, except that only
one electronic message board will be permitted per lot. In the event that a
single business exists on multiple lots or in the case of a business park or
retail center, only one electronic message board will be permitted overall.
Sign Type Number, Height, And Other Limitations2
Billboards
Billboards shall be permitted only within the C-1, C-2, C-
3, M-1, M-2 and I-1 districts and located within 660 feet
of I-90 and I-294 toll roads.
Structure must be in compliance with the Illinois
department of transportation regulations and a valid
current IDOT permit must be presented with the
application for city permits.
The city shall cause to be permitted no more than 12 13
permits for outdoor advertising structures (billboards)
under subsection 12-11-3C3, "Billboard Permits", of this
chapter. The 13th billboard permit may be issued by
the City only in accordance with Ordinance Z-53-21.
As of amendatory ordinance Z-24-05, all 12 permits have
been allocated to permittees.
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Total surface area of the signs shall not exceed 1,200
square feet per face and 2,400 total square feet for a
double faced sign.
Height of the sign shall not exceed 99 feet from the base
of the pole to the top of the structure or 65 feet from the
surface of the pavement of the lane closest to the
structure, except as otherwise provided by a limited
variation ordinance adopted by council.
All billboards must meet the spacing requirements as
required by the Illinois advertising control act.
No portion of a billboard shall be allowed within 300 feet
of a residential property line. This distance shall be
measured at ground level from a line perpendicular to the
closest part of the billboard to the residential property
line.
* * *
Electronic
message board
billboards
The electronic message board panel must not exceed the
square footage of the static panel replaced by the
electronic message board panel or 1,200 sq. ft., whichever
is less.
The electronic message board panel must not exceed the
square footage of the static panel replaced by the
electronic message board panel or 1,200 sq. ft., whichever
is less.
The electronic message board must be adequately
screened from any residential zoning district.
The electronic message board panel may only face the I-
90 or I-294 rights-of-way.
The applicant must submit an affidavit stating that all
required permits or approvals from IDOT, the FAA, or
any other government or regulatory agency or body with
proper jurisdiction, have been obtained for the proposed
electronic message board billboard.
The images and text displayed on the electronic message
board may be changed no more frequently than once
every 10 seconds or as established by Federal or State
guidelines for digital signage along an interstate,
whichever is greater. Each change must be completed in
1 second or less.
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Sounds, animation, moving video, flashing, blinking,
spinning, or any other appearance of movement are
prohibited.
The sign must possess an ambient light sensor and utilize
automatic dimming capabilities so that the maximum
luminescence level is not more than 0.3 foot candle over
ambient light levels measured as close to perpendicular to
the sign face as possible and measured from the
appropriate distance as set forth in the table below:
Sign Face Size
Distance
From
Which To
Measure
Under 300 sq. ft.
300 - 385 sq. ft.
386 - 680 sq. ft.
681 - 1,200 sq. ft.
150'
200'
250'
350'
The applicant, with written permission from the
landowner, must apply for and obtain the following
permits from the City prior to performing any alterations
to the existing billboard: 1) a building permit for the
electronic message board panels and support structure;
and 2) an electronic message board billboard sign permit.
Plans prepared by a licensed structural engineer must be
submitted with the permit application.
City sponsored messages must be made available for
display on the electronic message board on a regular
rotation, as determined by agreement between the City
and the applicant. City sponsored messages include
without limitation Amber Alerts, FBI wanted messages,
weather alerts, and messages promoting City sponsored
events. The City sponsored messages will be displayed at
no cost to the City.
Notes:
1. In the case where there are multiple uses in a single structure (i.e.,
commercial strip shopping center) 1 wall sign is permitted for each
business, however the aggregate total square footage of all signs shall not
exceed the limits set forth in this section.
2. On parcels less than 5 acres, the total square footage area of all signs shall
not exceed 600 square feet, not including area for static or electronic
message board billboards.”
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SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect only
upon the occurrence of all of the following:
A. its passage, approval, and publication in pamphlet form according to law;
B. submission of an application by the Petitioner for a billboard permit to install and
maintain a second billboard on the Subject Property, in accordance with the location
and dimensions approved by Ordinance No. Z-53-21; and
C. approval by the City of a building permit and corresponding subdivision and zoning
relief to allow for the construction of the commercial development approved by
Ord. Z-51-21.
In the event that the conditions set forth in this Section 6 have not been satisfied within one year
of the date of approval of this Ordinance, this Ordinance shall be of no further force and effect and
shall be considered repealed with no further action of the City Council required.
[SIGNATURE PAGE FOLLOWS]
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PASSED this day of , 2021.
APPROVED this day of , 2021.
VOTE: Ayes Nays Absent
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
____ day of _______________, 2021
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Amending Zoning Code Text Amendment December 2021 Number of Billboards
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CITY OF DES PLAINES
ORDINANCE Z - 53 - 21
AN ORDINANCE APPROVING A MAJOR VARIATION
FROM SECTION 12-11-6.B OF THE CITY OF DES PLAINES
ZONING ORDINANCE AT 2805-2845 MANNHEIM ROAD
TO ALLOW THE CONSTRUCTION OF A BILLBOARD
(CASE #21-042-TA-V). ________________________
WHEREAS, Prominence Des Plaines, LLC, is the owner of the approximately four-acre
parcel of real property commonly known as 2805-2845 Mannheim Road, Des Plaines, Illinois
("Undeveloped Parcels"); and
WHEREAS, Image Des Plaines, LLC (“Petitioner”) is the contract purchaser of the
Undeveloped Parcels and is the owner of a 4,592-square-foot outlot abutting the Undeveloped
Parcels (“Outlot A”), which is currently improved with a billboard (collectively, the Undeveloped
Parcels and Outlot A are the “Subject Property”); and
WHEREAS, the Subject Property is located in the C-3 General Commercial District of the
City (“C-3 District”); and
WHEREAS, in conjunction with the development of the Subject Property pursuant to
Ordinance No. Z-51-21 (“Proposed Commercial Development”), Petitioner desires to construct a
new billboard on the Subject Property located 127 feet from a residentially zoned property
(“Proposed Billboard”); and
WHEREAS, pursuant to Section 12-11-6.B of the Zoning Ordinance, billboards in the C-
3 District must be located at least 300 feet from any residentially zoned property; and
WHEREAS, the Petitioner, with the consent of Prominence Des Plaines, LLC, submitted
an application to the City for a major variation from Section 12-11-6.B of the Zoning Ordinance
to reduce the required distance between the Proposed Billboard and residentially property from
300 feet to 127 feet (“Variation”); and
WHEREAS, the Petitioner's application for the Variation was referred by the City within
15 days after its receipt to the Planning and Zoning Board of the City of Des Plaines ("PZB");
and
WHEREAS, within 90 days after the date of Petitioner's application, a public hearing was
held by the PZB on September 28, 2021, pursuant to publication of notice in the Des Plaines
Journal on September 8, 2021; and
WHEREAS, notice of the public hearing was mailed to all owners of property located
within 300 feet of the Subject Property; and
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WHEREAS, during the public hearing, the PZB heard testimony and received evidence
with respect to the Petitioner's application for the Variation; and
WHEREAS, on September 29, 2021, the PZB filed a written report with the City Council
summarizing the testimony received by the PZB and stating that the PZB’s motion to recommend
approval of the Variation passed by a vote of 5-0; and
WHEREAS, on October 18, 2021, the City Council considered the Variation; and
WHEREAS, on December 6, 2021, the City Council held an additional public hearing,
which was duly noticed and advertised in the Des Plaines Journal on November 17, 2021, in order
for the City Council to again consider the Variation; and
WHEREAS, the Petitioner made representations to the PZB and the City Council with
respect to the requested Variation, which representations are hereby found by the City Council to
be material and upon which the City Council relies in granting the Variation subject to certain
terms and conditions; and
WHEREAS, the City Council has reviewed written report of the PZB, the applicable
standards set forth in the Zoning Ordinance, and the Staff Memorandum dated November 23, 2021,
including its exhibits, which form part of the basis for this Ordinance.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof, the same constituting part of the factual basis for this Ordinance
granting the Variation.
SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject
Property is legally described on Exhibit A, attached to and, by this reference, made a part of this
Ordinance.
SECTION 3. VARIATION. The City Council finds that the Variation satisfies the
standards set forth in Section 12-3-6.H of the Zoning Ordinance and, pursuant to the City's home
rule powers, finds that the Variation is otherwise necessary and appropriate. Subject to and
contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this
Ordinance, the City Council hereby grants the Variation for the Subject Property to the Petitioner.
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SECTION 4. CONDITIONS. The Variation granted in Section 3 of this Ordinance shall
be, and is expressly subject to and contingent upon the conditions, restrictions, and limitations set
forth in this Section 4.
A. Compliance with Plans. The development, use, and maintenance of the Proposed
Billboard on the Subject Property shall be in strict compliance with the following
plans, except for minor changes and site work approved by the Director of the
Department of Community and Economic Development in accordance with
applicable City codes, ordinances, and standards:
1. The Plat of Survey/Location of Proposed Billboard, prepared by Zarko
Sekeres & Associates, Inc., consisting of one sheet, and dated February 6,
2018, with a final revision date of August 3, 2021, a copy of which is
attached to and, by this reference, made a part of this Ordinance as Exhibit
B;
2. The Distance Exhibit, prepared by City staff, consisting of one sheet, a copy
of which is attached to and, by this reference, made a part of this Ordinance
as Exhibit C; and
3. The Elevation Drawing, prepared by GRC Engineering, Inc., consisting of
one sheet, a copy of which is attached to and, by this reference, made a part
of this Ordinance as Exhibit D.
B. Additional Conditions. The development, use, and maintenance of the Proposed
Billboard on the Subject Property shall be subject to and contingent upon
compliance with the additional conditions as follows:
1. Height. The billboard sign structure will not exceed 99 feet in height.
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2. External Agency Approvals. All required Illinois Department of
Transportation (IDOT) and Federal Aviation Administration (FAA)
approvals are obtained and submitted with the billboard sign permit
application.
SECTION 5. EFFECT. This Ordinance authorizes the use and development of the
Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail
against other ordinances of the City to the extent that any might conflict. The terms and conditions
of this Ordinance shall be binding upon Petitioner, the Owner, and their respective grantees,
assigns and successors in interest to the Subject Property.
SECTION 6. LIMITATIONS. The Variation shall be valid for not more than 12 months
prior to the issuance of a building permit and the commencement of construction in accordance
with the terms and conditions of this Ordinance. The Zoning Administrator may extend the
Variation if the Petitioner requests an extension in accordance with Section 12-3-6.L of the Zoning
Ordinance.
SECTION 7. EFFECTIVE DATE.
A. This Ordinance shall be in full force and effect only after the occurrence of the
following events:
1. its passage and approval by the City Council in the manner provided by law;
2. its publication in pamphlet form in the manner provided by law;
3. the filing with the City Clerk by the Petitioner, not less than 60 days after
the passage and approval of this Ordinance, of an unconditional agreement
and consent to accept and abide by each and all of the terms, conditions,
and limitations set forth in this Ordinance, and demonstrating the
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Petitioner's and Owner’s consent to its recordation. Said unconditional
agreement and consent shall be in substantially the form attached to, and
by this reference made a part of, this Ordinance as Exhibit E;
4. at the Petitioner's sole cost and expense, the recordation of this Ordinance
together with such exhibits as the City Clerk deems appropriate, with the
Office of the Cook County Recorder; and
5. the installation of building foundations for the Proposed Commercial
Development.
B. In the event that the Petitioner does not file with the City Clerk a fully executed
copy of the unconditional agreement and consent referenced in Section 7.A.3
of this Ordinance, within 60 days after the date of passage of this Ordinance by
the City Council, the City Council shall have the right, in its sole discretion, to
declare this Ordinance null and void and of no force or effect.
C. In the event that the conditions set forth in this Section 7 have not been satisfied
within 18 months of the date of approval of this Ordinance, this Ordinance shall
be of no further force and effect and shall be considered repealed with no further
action of the City Council required.
SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
[SIGNATURE PAGE FOLLOWS]
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PASSED this day of , 2021
APPROVED this day of , 2021.
VOTE: Ayes Nays Absent
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
____ day of _______________, 2021.
CITY CLERK Peter M. Friedman, General Counsel
I, __________________________, being the owner or other party in interest of the
property legally described within this Ordinance, having read a copy of the Ordinance, do hereby
accept, concur and agree to develop and use the Subject Property in accordance with the terms of
this Ordinance.
Dated:
(Signature)
DP-Ordinance Approving Major Variation for Minimum Distance Requirements of Billboard at 2805-2845 Mannheim Road
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EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
UNDEVELOPED PARCELS
PARCEL 1:
THAT PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 41
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF THE
RIGHT OF WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT STREET MARIE
RAILROAD, NOW THE WISCONSIN CENTRAL LTD. RAILROAD, SAID WESTERLY
RIGHT OF WAY LINE ALSO BEING THE EASTERLY LINE OF A STREET KNOWN AS
ORCHARD PLACE AND THE SOUTH LINE OF PRATT AVENUE, SAID SOUTH LINE
BEING 33.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID
SOUTHWEST ¼ OF SAID SECTION 33; THENCE SOUTHERLY ALONG THE WESTERLY
RIGHT OF WAY LINE OF SAID RAILROAD, A DISTANCE OF 263.65 FEET TO THE POINT
OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED HEREIN; THENCE
CONTINUING SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, A
DISTANCE OF 303.40 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE
ILLINOIS TOLL HIGHWAY COMMISSION EASEMENT RIGHT OF WAY GRANTED BY
DOCUMENT 17087956; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY
LINE, A DISTANCE OF 114.0 FEET; THE EASTERLY ALONG A LINE DRAWN AT RIGHT
ANGLES TO THE CENTERLINE OF SAID RAILROAD COMPANY'S MAIN TRACK FOR
A DISTANCE OF 32.52 FEET TO A POINT ON A LINE, WHICH IS 26.50 FEET WESTERLY
OF AND PARALLEL WITH THE CENTERLINE OF SAID MAIN TRACK; THENCE
NORTHERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 386.14 FEET; THENCE
SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED PARALLEL LINE, A
DISTANCE OF 110.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
PARCEL 2:
THAT PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 41
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE
RIGHT OF WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE
RAILROAD, NOW THE SOO LINE RAILROAD COMPANY, SAID WESTERLY RIGHT OF
WAY LINE ALSO BEING THE EASTERLY LINE OF A STREET KNOWN AS ORCHARD
PLACE AND THE SOUTH LINE OF PRATT AVENUE, SAID SOUTH LINE BEING 33.0
FEET SOUTH OF AND PARALLE WITH THE NORTH LINE OF SAID SOUTHWEST 1/4 OF
SECTION 33; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OW WAY OF SAID
RAILROAD COMPANY, A DISTANCE OF 263.65 FEET; THENCE EASTERLY AT RIGHT
ANGLES TO THE LAST DESCRIBED LINE, A DISTANCE OF 111.0 FEET TO A POINT
26.50 FEET WESTERLY OF THE CENTERLINE OF SAID RAILROAD COMPANY MAIN
TRACK; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE
PARALLEL WITH THE CENTERLINE OF SAID MAIN TRACK, A DISTANCE OF 238.68
FEET TO THE SOUTH LINE OF SAID PRATT AVENUE; THENCE WEST ALONG THE
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SOUTH LINE OF SAID PRATT AVENUE, A DISTANCE OF 113.77 FEET TO THE PLACE
OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
LOTS 1, 2, 3, 4, 5, 6, 7, 8 AND 9 IN RESUBDIVISION OF BLOCK 1 AND VACATED ALLEYS
AND LOTS 15 TO 26, BOTH INCLUSIVE AND VACATED ALLEYS IN BLOCK 2 OF
BOESCH'S ADDITION TO ORCHARD PLACE, A SUBDIVISION OF THE NORTH 703.6
FEET OF THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 41
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE
RIGHT OF WAY AND GROUNDS OF THE WISCONSIN CENTRAL RAILROAD,
ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED OCTOBER 21, 1925
AS DOCUMENT NUMBER 9073142, IN COOK COUNTY, ILLINOIS.
PARCEL 4:
LOT 1 AND THAT PART OF LOTS 2 TO 6, INCLUSIVE IN BLOCK 2 IN BOESCH'S
ADDITION TO ORCHARD PLACE IN THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP
41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE
NORTHWEST CORNER OF LOT 2 AFORESAID; THENCE SOUTHEASTERLY TO THE
SOUTHEAST CORNER OF LOT 6 AFORESAID, IN COOK COUNTY, ILLINOIS.
PARCEL 5:
THAT PART OF WEST RAILROAD AVENUE; TOGETHER WITH PART OF ALGER
STREET; TOGETHER WITH PART OF A NORTHWESTERLY/SOUTHEASTERLY ALLEY
IN THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTH LINE OF PRATT AVENUE, WITH THE WEST LINE OF
WEST RAILROAD AVENUE; THENCE SOUTH 14 DEGREES, 56 MINUTES, 44 SECONDS
EAST ALONG THE WESTERLY LINE OF RAILROAD AVENUE, A DISTANCE OF 242.54
FEET TO THE NORTHERLY LINE OF ALGER STREET; THENCE SOUTH 74 DEGREES,
59 MINUTES, 25 SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF
140.32 FEET TO A BEND THEREIN; THENCE SOUTH 87 DEGREES, 45 MINUTES, 00
SECONDS WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 84.91 FEET TO THE
EASTERLY TERMINUS OF THAT PART OF ALGER STREET PREVIOUSLY VACATED
PER DOCUMENT 16941936; THENCE SOUTH 59 DEGREES, 37 MINUTES, 16 SECONDS
EAST ALONG SAID EASTERLY TERMINUS, A DISTANCE OF 116.84 FEET; THENCE
SOUTH 47 DEGREES, 42 MINUTES, 55 SECONDS EAST, A DISTANCE OF 29.56 FEET TO
THE EASTERLY LINE OF A NORTHWESTER LY/SOUTHEASTERLY ALLEY; THENCE
NORTH 14 DEGREES, 56 MINUTES, 44 SECONDS WEST ALONG SAID EASTERLY LINE,
A DISTANCE OF 25.0 FEET TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF
ALGER STREET; THENCE NORTH 75 DEGREES, 03 MINUTES, 16 SECONDS EAST
ALONG SAID SOUTHERLY LINE, A DISTANCE OF 125.0 FEET TO THE WEST LINE OF
WEST RAILROAD AVENUE; THENCE SOUTH 14 DEGREES, 56 MINUTES, 44 SECONDS
EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 149.89 FEET TO THE
NORTHERLY TERMINUS OF THAT PART OF WEST RAILROAD AVENUE PREVIOUSLY
VACATED BY DOCUMENT 16941936; THENCE SOUTH 70 DEGREES, 23 MINUTES, 45
SECONDS EAST ALONG SAID NORTHERLY TERMINUS, A DISTANCE OF 72.85 FEET
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TO THE EASTERLY LINE OF WEST RAILROAD AVENUE; THENCE NORTH 14
DEGREES, 56 MINUTES, 44 SECONDS WEST ALONG SAID EASTERLY LINE, A
DISTANCE OF 484.66 FEET TO THE SOUTH LINE OF PRATT AVENUE; THENCE SOUTH
87 DEGREES, 45 MINUTES, 00 SECOND WEST, A DISTANCE OF 61.50 FEET TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
OUTLOT B:
A NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY
SIGN EASEMENT AGREEMENT DATED DECEMBER 31, 2018 AND RECORDED
JANUARY 8, 2019 AS DOCUMENT 1900822020 FROM PROMINENCE DES PLAINES, LLC
TO IMAGE MEDIA ADVERTISING INCORPORATED FOR THE PURPOSE OF THE
CONSTRUCTION, MAINTENANCE, REPAIR, D ISMANTLING, REPLACEMENT,
ALTERATION, IMPROVEMENT, OPERATION, ILLUMINATION AND USE OF AN
OUTDOOR ADVERTISING SIGN STRUCTURE OVER THE FOLLOWING DESCRIBED
LAND: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION
33, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE
WESTERLY LINE OF THE RIGHT-OF-WAY OF THE MINNEAPOLIS, ST. PAUL AND
SAULT STE. MARIE RAILROAD, NOW THE WISCONSIN CENTRAL LTD. RAILROAD
(SAID WESTERLY RIGHT-OF-WAY LINE ALSO BEING THE EASTERLY LINE OF A
STREET KNOWN AS ORCHARD PLACE) AND THE SOUTH LINE OF PRATT AVENUE,
SAID SOUTH LINE BEING 33.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH
LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 33; THENCE SOUTHERLY,
ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD 484.66 FEET TO
THE PLACE OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED HEREIN;
THENCE CONTINUING SOUTHERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE,
82.39 FEET TO A POINT ON THE NORTHEASTERLY LINE ON THE ILLINOIS TOLL
HIGHWAY COMMISSION EASEMENT RIGHT-OF-WAY GRANTED BY DOCUMENT
17087956; THENCE SOUTHEASTERLY, ALONG SAID NORTHEASTERLY LINE 114.06
FEET TO A POINT ON A LINE WHICH IS 59.02 FEET WESTERLY OF AND PARALLEL
WITH THE CENTER LINE OF SAID MAIN TRACK; THENCE EASTERLY, ALONG A LINE
DRAWN AT RIGHT ANGLES TO THE CENTER LINE OF SAID RAILROAD COMPANY'S
MAIN TRACK, FOR A DISTANCE OF 32.52 FEET TO A POINT ON A LINE WHICH IS 26.50
FEET WESTERLY OF AND PARALLEL WITH THE CENTER LINE OF SAID MAIN
TRACK; THENCE NORTHERLY, ALONG SAID PARALLEL LINE, 55.00 FEET; THENCE
NORTHWESTERLY A DISTANCE OF 157.80 FEET MORE OR LESS TO THE PLACE OF
BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PINs: 09-33-300-001-0000; 09-33-300-002-0000; 09-33-300-003-0000;
09-33-300-004-0000; 09-33-300-005-0000; 09-33-300-006-0000:
09-33-300-007-0000; 09-33-300-008-0000; 09-33-300-009-0000;
09-33-301-008-0000; 09-33-301-014-0000; 09-33-301-015-0000
Commonly known as 2805-2845 Mannheim Road, Des Plaines, Illinois.
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OUTLOT A:
PART OF LOTS 6, AND 9 AND A PART OF VACATED ALGER STREET IN
RESUBDIVISION OF BLOCK 1 AND VACATED ALLEYS AND LOTS 15 TO 26, BOTH
INCLUSIVE, AND VACATED ALLEYS IN BLOCK 2 OF BOESCH'S ADDITION TO
ORCHARD PLACE, A SUBDIVISION OF THE NORTH 703.6 FEET OF THAT PORTION OF
THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 12 EAST
OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT-OF-WAY AND
GROUNDS OF THE WISCONSIN CENTRAL RAILROAD, IN COOK COUNTY, ILLINOIS,
ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED OCTOBER 21, 1925,
AS DOCUMENT NUMBER 9073142, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 9, SAID CORNER ALSO BEING
THE INTERSECTION OF THE NORTHERLY LINE OF VACATED ALGER STREET WITH
THE EAST LINE OF MANNHEIM ROAD; THENCE NORTH, ALONG THE WEST LINE OF
SAID LOTS 9 AND 6 (ALSO THE EAST LINE OF SAID MANNHEIM ROAD) A DISTANCE
OF 60.00 FEET; THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF 58.65 FEET; THENCE
SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOTS 9 AND 6, A DISTANCE OF
96.69 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE ILLINOIS TOLL
HIGHWAY COMMISSION EASEMENT RIGHT-OF-WAY; THENCE NORTHWESTERLY
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 68.00 FEET TO THE POINT OF
BEGINNING.
PINs: Part of 09-33-300-004 -0000; Part of 09-33-300-005-0000
Commonly known as 2811 Mannheim Road, Des Plaines, Illinois.
Page 57 of 62
Exhibit B Page 58 of 62
Exhibit C Page 59 of 62
Exhibit D Page 60 of 62
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EXHIBIT E
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The City of Des Plaines, Illinois ("City"):
WHEREAS, Prominence Des Plaines, LLC, is the owner of approximately four acres
("Undeveloped Parcels") at the property commonly known as 2805-2845 Mannheim Road, Des
Plaines, Illinois; and
WHEREAS, Image Des Plaines, LLC (“Petitioner”) is the contract purchaser of the
Undeveloped Parcels and is the owner of a 4,592-square-foot outlot abutting the Undeveloped
Parcels (“Outlot A”), which is currently improved with a billboard (collectively, the Undeveloped
Parcels and Outlot A are the “Subject Property”); and
WHEREAS, Ordinance No. Z-52-21 adopted by the City Council of the City of Des
Plaines on _____________, 2021 ("Ordinance"), grants approval of a variation to allow
Petitioner to construct a billboard on the Subject Property, subject to certain conditions; and
WHEREAS, the Petitioner desires to evidence to the City its unconditional agreement and
consent to accept and abide by each of the terms, conditions, and limitations set forth in said
Ordinance, and its consent to recording the Ordinance and this Unconditional Agreement and
Consent against the Subject Property;
NOW, THEREFORE, the Petitioner does hereby agree and covenant as follows:
1. Petitioner hereby unconditionally agrees to accept, consent to and abide by all of
the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z-
52-21, adopted by the City Council on ______________, 2021.
2. Petitioner acknowledges and agrees that the City is not and shall not be, in any way,
liable for any damages or injuries that may be sustained as a result of the City's
review and approval of any plans for the Subject Property, or the issuance of any
permits for the use and development of the Subject Property, and that the City's
review and approval of any such plans and issuance of any such permits does not,
and shall not, in any way, be deemed to insure Petitioner against damage or injury
of any kind and at any time.
3. Petitioner acknowledges that the public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance, has considered the
possibility of the revocation provided for in the Ordinance, and agrees not to
challenge any such revocation on the grounds of any procedural infirmity or any
denial of any procedural right, provided that the procedures required by Section 12-
4-7 of the City's Zoning Ordinance are followed.
4. Petitioner agrees to and do hereby hold harmless and indemnify the City, the City's
corporate authorities, and all City elected and appointed officials, officers,
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employees, agents, representatives, and attorneys, from any and all claims that may,
at any time, be asserted against any of such parties in connection with (a) the City's
review and approval of any plans and issuance of any permits, (b) the procedures
followed in connection with the adoption of the Ordinance, (c) the development,
construction, maintenance, and use of the Subject Property, and (d) the performance
by Petitioner of its obligations under this Unconditional Agreement and Consent.
5.Petitioner hereby agrees to pay all expenses incurred by the City in
defending itself with regard to any and all of the claims mentioned in this
Unconditional Agreement and Consent. These expenses shall include all out-of-
pocket expenses, such as attorneys' and experts' fees, and shall also include the
reasonable value of any services rendered by any employees of the City.
ATTEST: IMAGE DES PLAINES LLC
By: By:
SUBSCRIBED and SWORN to Its:_________________________________
before me this _______ day of
___________________, 2021.
Notary Public
Page 62 of 62
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED AP, City Manager
From: Davorka Kirincic, AICP, Associate Planner / CDBG Administrator
John T. Carlisle, AICP, Director of Community & Economic Development
Subject: Public Hearing Regarding Program Year 2020 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) 2020 CAPER summarizes the program performance of
Year 1 of the CDBG Consolidated Plan (PY2020 Action Plan, October 1, 2020, to September 30, 2021). The
CAPER reports on the expenditures and accomplishments of the public service, housing, and infrastructure
programs performed with 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 17, 2021, following a public notice published in the
Journal and Topics on November 3, 2021. The CAPER is available for public viewing at the Civic Center, as
well as at the following link: www.desplaines.org/draft2020caper.
Recommendation: I recommend that the City Council hold the public hearing regarding the PY2020
Consolidated Annual Performance & Evaluation Report.
MEMORANDUM
Page 1 of 1
PUBLIC HEARING #2.
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED AP, City Manager
From: Davorka Kirincic, AICP, Associate Planner / CDBG Administrator
John T. Carlisle, AICP, Director of Community & Economic Development
Subject: Program Year 2020 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) 2020 CAPER summarizes the program performance of
Year 1 of the CDBG Consolidated Plan (PY2020 Action Plan, October 1, 2020, to September 30, 2021). 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 November 23, no public
comments were received.
Recommendation: I recommend that the City Council approve Resolution R-192-21 approving the PY2020
Consolidated Annual Performance & Evaluation Report.
Attachments:
Attachment 1: PY2020 CAPER Public Notice
Resolution-R-192-21
Exhibit A: PY2020 CAPER
MEMORANDUM
Page 1 of 36
CITY OF DES PLAINES
PUBLIC COMMENT PERIOD and PUBLIC HEARING for the:
Community Development Block Grant Program Year 2020
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT
PUBLIC COMMENT PERIOD
Notice is hereby given that the City of Des Plaines Program Year 2020 Community
Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation
Report (CAPER) will be available for public review and comment beginning Wednesday,
November 17, 2021. 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 2020 results,
which began October 1, 2020 and ended September 30, 2021.
The City of Des Plaines invites comments on the CAPER. The public comment period will
begin Wednesday, November 17, 2021, and end Monday, December 6, 2021. The report will
be available by visiting the Civic Center, Community and Economic Development
Department, 1420 Miner Street, Des Plaines, IL, 60016 and at:
http://desplaines.org/cdbgplansreports. Written comments can be sent to this address to the
attention of the CDBG Administrator. Commenters will receive a written response within 15
days of receipt. Citizens will also have the opportunity to present comments at the public
meeting described below.
PUBLIC HEARING
A public hearing on the CAPER will be held during the regularly scheduled City Council
meeting on Monday, December 6, 2021. The public hearing will begin at 7 p.m. in Room
102 of the Des Plaines Civic Center, 1420 Miner Street, Des Plaines, IL 60016. Citizen
comments will be submitted with the CAPER to HUD after the hearing.
The City of Des Plaines encourages all interested persons, groups, and organizations to make
comments at this hearing. If requested at least five (5) working days prior to the public
hearing, the City will attempt to make available foreign language and sign language
interpreters for non-English speaking and hearing-impaired persons wishing to participate in
the public hearing.
Attachment 1 Page 2 of 36
{00123612.1}
CITY OF DES PLAINES
RESOLUTION R - 192 - 21
A RESOLUTION APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT FOR PROGRAM YEAR 2020.
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 2020 program year began on October 1, 2020, and ended September 30,
2021; and
WHEREAS, the City accepted public comment on the 2020 CAPER from November 17,
2021, through December 6, 2021; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the 2020 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 2020 CAPER. The City Council hereby approves the
2020 CAPER in substantially the form attached to this Resolution as Exhibit A.
Page 3 of 36
{00123612.1}
SECTION 3: AUTHORIZATION TO SUBMIT 2020 CAPER TO HUD. The City
Council hereby authorizes and directs the City Manager, on behalf of the City, to submit the 2020
CAPER to HUD no later than December 31, 2021.
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 ____________, 2021.
APPROVED this _____ day of _____________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving CDBG CAPER Report PY2020
Page 4 of 36
CAPER
2020 Consolidated Annual Performance and Evaluation Report
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
TO BE SUBMITTED TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
THE PROGRAM YEAR 2020
(October 1, 2020 – September 30, 2021)
Prepared by the City of Des Plaines
Community and Economic Development Department
1420 Miner Street
Des Plaines, Illinois 60016
DRAFT COPY FOR THE PUBLIC COMMENT PERIOD
November 17, 2021, to December 6, 2021 DRAFTExhibit APage 5 of 36
PLEASE NOTE THAT THIS IS A DRAFT OF THE PY2020 CAPER. THERE ARE OUTSTANDING INVOICES FOR THE DECEMBER 20, 2021
WARRANT REGISTER, WHICH ARE NOT CURRENTLY INCLUDED IN THE PR-26 OF THIS CAPER.
AS A RESULT OF THE ABOVE, AN UPDATED DOCUMENT OF THE PR-26 AS PART OF THE PY2020 CAPER WILL BE SUBMITTED TO
HUD BEFORE DECEMBER 31, 2021.
DRAFTExhibit APage 6 of 36
PY2020 CAPER
Executive Summary
Introduction
The Community Development Block Grant (CDBG) is a federally funded program by the U.S. Department of Housing and Urban Development
(HUD). Established in 1974, CDBG has been vital in 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, the Annual Action Plan (Action
Plan), and the 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 2020 through 2024 (October 1, 2020, to September 30, 2025). To that end, the City of
Des Plaines PY2020 CAPER reflects on the accomplishments of Year One (October 1, 2020, to September 30, 2021) of the Consolidated
Plan (PY2020 Action Plan).
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. 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 PY2020-2024 Consolidated Plan. A new five-year
Consolidated Plan is planned to moderately increase the spending of funds during the next five years to draw down on the unspent funds. These
plans included increasing funds for home rehabilitation programs, the Public Facility Program, and the Public Infrastructure Improvement Program as
a backup project. In the City’s Consolidated Plan, backup projects were identified in many areas to ensure the ability to draw down leftover funds on DRAFTExhibit APage 7 of 36
an annual basis.
Because the City was successful in spending down previously accumulated funds through the last Consolidated Plan, at the time of adoption of the PY2020
Annual Action the staff was calculating that the City will have only $17,426.00 of leftover funds from the PY2019. For the PY2020 Annual Action Plan
did not plan to have any backup projects (the Public Facility Program, and the Public Infrastructure Improvement Program). In reality, due to the
Covid-19 pandemic, an amount of $110,244.53 was leftover from the PY2019 instead of the $80,000 which were originally incorporated into PY2020,
including an additional $8,000 for the MRP and $72,000 for the public facility improvement as backup projects. With the fact that the Covid-19
pandemic continued to the PY2020 and that the City did not spend all of its planned funding. Most likely the PY2021 Action Plan will be amended to
incorporate additional public facility and/or public infrastructure projects as backup projects to make sure that additional leftover funds will be spent
timely.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, makes $5 billion available in supplemental Community
Development Block Grant (CDBG) funding from the Department of Housing and Urban Development (HUD) to prevent, prepare for, and respond to
the Covid-19 pandemic (CDBG-CV grant). The City received $376,164 for the third round of CARES Act (CDBG-CV3) funding. The City’s cumulative
amount for all allocation rounds is $556,931. On June 1, 2020, the City of Des Plaines (City) amended its 2015-2019 Consolidated Plan and PY2019
Annual Action Plan to incorporate the receipt of CDBG-CV1 Grant funds ($180,767) and also amended its CDBG Citizen Participation Plan to allow
for the expedited amendment process (collectively the PY2019 City of Des Plaines CARES Act Amendment CV1). According to and following the
expedited amendment process approved by HUD, on February 16, 2021, the City amended, for a second time, its 2015-2019 Consolidated Plan and
PY2019 Annual Action Plan to incorporate the receipt of a third-round ($376,164) of Coronavirus Response Funds (collectively, the PY2019 City of
Des Plaines CARES Act Amendment CV3). According to the above CARES Act amendments, the new goal (#7: Prevent, Prepare for and Respond
to COVID-19 Pandemic) was added to the Des Plaines 2015-2019 Strategic Plan.
The staff was waiting on directions for how to report accomplishments of CARES Act funding (CDBG-CV and CDBG-CV3 funds) and received
directions to address accomplishments of the CDBG-EN funds and portion of the CARES Act funding which were spent until reporting this CAPER.
Below are accomplishments of the regular CDBG-EN funds and on the last page of this report is an overview of the CDBG-CV funds spent.
Home Rehabilitation Programs: The City of Des Plaines has 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 65% 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:
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 households with specific home repair projects. However, later obstacles resulted in some projects not
being completed, causing funds to accumulate from previous years. In the last five years, staff put additional effort into better promoting the HRP
program, which resulted in an increase in HRP applicants and a waiting list. Additionally, staff looked into ways to modify program requirements toDRAFTExhibit APage 8 of 36
ensure that it would be easier for households to comply and complete the projects in the program year. The aforementioned efforts resulted in the
assistance of nine households with CDBG funds for PY2018 and a few (only five) for PY2019 and three for the PY2020 due to Covid-19 pandemic
obstacles.
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 were able to qualify for the program.
To improve participation, in the PY2017, staff reduced the year lien, which would be placed on the property or homeowner. Instead of placing a lien
on a property for ten years, it has been reduced to three years. These changes resulted in the qualification and repair of two households as was
planned for the PY2020.
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 to $3,000, starting with PY2017. In PY2020, none household qualified
for this program. The Emergency Home Repair Program is intended to be used only on an as-needed basis in the event of an individual emergency.
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 for $102,149. Additionally, the Seminole Park Playground Improvement Project was completed in PY2017 for $75,000.
The City was successful in spending down previously accumulated funds through PY2017 and did not allocate CDBG funds toward public facilities in
low-and moderate-income areas for PY2018, PY2019, and PY2020 as originally planned in the Consolidated Plan.
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.
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 PY2020 as originally planned in the Consolidated
Plan as backup projects.
Public Service Programs: Four public service sub-recipient organizations received CDBG funding in PY2020. All CDBG projects/activities were
completed by the end of PY2020. 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 solutions.
The City works with Northwest Compass and the Center of Concern to provide homelessness prevention (at-risk) services through the CDBG
Counseling Housing and Homeless Prevention, Housing Counseling, Resources, and Home Sharing 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, DRAFTExhibit APage 9 of 36
employment, Medicare insurance, legal and financing counseling, emergency rent, mortgage aid, housing location assistance, and security deposit
loans. In PY2020, these programs have assisted a combined 323 residents.
High-priority housing community development needs of the Consolidated Plan include senior and youth programs. In PY0220, 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 PY2020, this program assisted a combined 74 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
PY2020, The Harbour Inc. and WINGS assisted eight and four persons, respectively.
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.
Table 1a. shows the expected number of beneficiaries in each activity/service category compared to the actual number for this program year. The
reported number of beneficiaries was lower than expected for some public and homeless services. The actual number of beneficiaries for subject
public services and homeless services was affected by the Coronavirus pandemic which seriously impacted the non-profit agencies that provide these
services at approximately the mid-point of the year. Agencies re-worked how they provide services and, although in some cases fewer numbers of
beneficiaries were served, their needs were greater (and more costly to address) due to the Coronavirus and its impacts on residents. The City of
Des Plaines additionally helped subject agencies through CARES Act funding (CV and CV3 grants) which will be reported at a later date (per HUD
further directions) as mentioned earlier.
This program year, home rehabilitation programs were hit due to the inability to perform construction and inspections of the projects during the Covid-
19 pandemic but after all 90% completed (five) of eight households planned. Although not all of the estimates for the number of beneficiaries were
met for the PY2020 Annual Action Plan (See Table 1a), the City is expecting to meet all estimates for the five years of the Consolidated Plan. 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.
Table 1b. shows the expected compared to actual beneficiary counts for the five-year Consolidated Plan period. Although there were public service
and home rehabilitation project disruptions in the PY2020, the City is hoping to exceed all of its five-year goals. The Public Facility and Public
Infrastructure projects will be used down the line as backup projects to spend any future accumulated funds in low-and moderate-income areas of the
City. The City did not need to allocate CDBG funds toward public infrastructure and public facilities in low-and moderate-income areas for PY2020 as
originally planned in the Consolidated Plan as backup projects. DRAFTExhibit APage 10 of 36
Spent Table 1a.
PY2020 Program Year
Table 1b.
Strategic Plan
Goal Category Source / Amount Indicator Unit of Measure Expected Program Year
Actual Program Year
Percent Complete Expected Strategic Plan
Actual Strategic Plan
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/Moderate
Income Census
Block Groups-
Persons Assisted
0,00 *0,00 N/A 700 0.00 0.00%
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/Moderate
Income Census
Block Groups-
Persons Assisted
0,00 *0,00 N/A 700 0.00 0.00%
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)
8 5 62.50% 40 5 1.25%
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) 320 397 124.06% 1600 397 24.81% DRAFTExhibit APage 11 of 36
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)
20
12
60.00%
110
12
10.90%
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
The Des Plaines Strategic Plan identified the use of CDBG funds to improve public facilities and public infrastructure in high-density LMA residential
neighborhoods as a backup project to spend. In the past, the City of Des Plaines completed a variety of activities as a part of the Improve Public
Facilities and Public Infrastructure Improvement Program as a backup project to be able to spend accumulated funds from previous years. As the
City was successful in spending down previously accumulated funds through the last Consolidated Plan, the City did not use CDBG funds toward
public infrastructure and public facility improvements in low- and moderate-income areas for PY2020 as originally planned in the Strategic Plan of the
Consolidated Plan, and that was the reason that CAPER is showing the underperforming goals.
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.
The City’s use of CDBG funding distribution is generally broken down as follows: 65% home rehabilitation programs, 15% public services, 20%
program administration activities, and the rest for public facilities and infrastructure improvements. During this program year, the City received a total
of $307,288 in funding. In addition to that, there were leftover funds from PY2019 for $17.426 leaving a total amount of $324,714. 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 have been identified as a high priority need in the 2020-2024 Consolidated
Plan. Five owner-occupied homes were improved via the City’s Home Repair Program, and two households were improved via the Minor Repair
Program, utilizing PY2020 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 were none in need of the Emergency Repair Program during PY2020, and the remaining
balance will be carried toward and used during PY2021.
During PY2015, staff dramatically increased public advertising and awareness of Home Rehabilitation Programs. As a result, the 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 in PY2019 and PY2020 due to Covid-19 pandemic obstacles. Staff is still researching existing DRAFTExhibit APage 12 of 36
processes and procedures to make sure it will be easier for households to comply and complete projects for the next program year. Due to the
pandemic, two HRP households (IDIS #824 and 826) from PY2019 were finished in the PY2020 and together with the PY2019 HRP and MRP
Administration Activities (IDIS #828 and IDIS #829) are included in the PY2020 PR-26. Currently, the PR-26 Report is showing that $137,033.69 was
used for all three home rehabilitation programs. Approximately, the total amount of $110,000 will be used for all three subject programs for the PY2020
when the last two PY2020 HRP household activities (IDIS #853 and IDIS #854) will be completed at the end of December and additional funding will
be drawn for that purpose and HRP and MRP Administration Activities (IDIS #837 and IDIS #841). This amount is slightly less than in PY2017,
PY2018, and PY2019 due to the impacts of the Covid-19 pandemic. Relatedly, due to the high interest in housing rehabilitation programs in the last
five years, the staff is continuing to fund the Home Repair Program and Minor Repair Program with $179,528 and $29,275 respectively for PY2021.
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, support, 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 PY2020 on the mentioned public social services. Additionally, an amount of $11,700 was awarded to social service agencies
that provide emergency and transitional housing for runaway girls and abused women as limited clientele/presumed benefits.
Improve Public Facilities Although this program is typical of low priority, Des Plaines completed a variety of activities as a part of the Public Facility Improvement
Program as backup projects in previous program years. Due to the fact that the City was successful in spending down previously accumulated funds through the
last PY2015-2019 Consolidated Plan, the City did not use CDBG funds toward public facilities in low- and moderate-income areas for PY2020 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 the last PY2015-
2019 Consolidated Plan, the City did not use CDBG funds toward public facilities in low- and moderate-income areas for PY2020.
Conduct Planning and Administration Activities The City staff regularly contacted 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 included 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
this program year, staff allocated $61,410 for the payroll and spent all of the budgets.
Timeliness: PR-56
On August 2, 2021, 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.DRAFTExhibit APage 13 of 36
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 363
Black or African American 43
Asian 42
Other multi-racial 18
Total 409
Hispanic 143
Not Hispanic 266
Table 3 – Table of assistance to racial and ethnic populations by the source of funds
Narrative
Des Plaines is a racially and ethnically diverse community, as is reflected in the above resident data. A total of 409 Des Plaines residents were served
during PY2020, including the races in Table 2. In addition to the beneficiaries reported above, three (white persons) households were assisted through
the Home Repair Program, and two (white persons) households were assisted through our Minor Repair Program.
The racial and ethnic composition of the persons assisted is indicated above and roughly reflects the population of the City of Des Plaines.
DRAFTExhibit APage 14 of 36
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 $433,020.90 $198,530.21
Table 2 – Resources Made Available
Narrative
The City received an entitlement allocation of $307,241. Due to some of the home rehabilitation projects not being completed until the end of the
PY2019 an unexpended balance of $125, 779.90 was shown on Line #16 in the PR-26 for the PY2019, which made an available total amount of
$433,020.90 for the PY2020.
In PY2020, the Covid-19 pandemic continued heavily impacting some of the public service programs, as well as all home rehabilitation projects, and
the City did not spend all planned funds.
Currently, the "Amount Expended" ($198,490.69) is shown on Line 15, and “Unexpended Balance” ($234,530.21) is shown on Line #16 of the PR-26
for the PY2020. When the rehabilitation activities mentioned earlier (IDIS #837, IDIS #841, IDIS #853, and IDIS #854) will be completed by the end
of December and funding drawdown for them, approximately an additional $83,266.00 will be left over to be reprogramed as a backup project. The
City will decide at that time if it will proceed with an amendment of the PY2021 or if it will roll over subject funds to the next PY and plan to spend it
as backup projects in the PY2020 Annual Action Plan. This does not include the already incorporated $72,000 for the Public Facility Improvement
Project (Seminole Park Improvement Project) in the PY2021 Annual Action Plan.
Identify the geographic distribution and location of investments
Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description
Des Plaines City Wide (PY2020) 100 100 All CDBG projects
Low to Moderate Income Census Block Groups 0
Block Groups Where at Least 41.26%
of Households Are Low or Moderate
Income
Table 3 – Identify the geographic distribution and location of investments
Narrative
100% of the CDBG funds were spent as planned City-wide, through home rehabilitation projects, public social service programs, and planning. DRAFTExhibit APage 15 of 36
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 was 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 the 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 can 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 projects were utilized in the PY2018, PY2019, and PY2020.
DRAFTExhibit APage 16 of 36
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 4- 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 8 5
Number of households supported through Acquisition of
Existing Units 0
Total 8 5
Table 5 - Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
During PY2020, five non-homeless affordable housing units, with a total of 15 occupants/residents, participated in the home rehabilitation programs,
while eight households were projected for the PY2020 Action Plan and 40 overall units were projected for the five-year Consolidated Plan term. These
programs are in demand; however, not everyone is eligible as prospective recipients are turned away due to their household incomes exceeding
income requirements. Unfortunately, only five of 11 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 doing so, during
PY2017, staff already reduced the lien term requirement for the MRP from ten years to three years in order to increase participation. DRAFTExhibit APage 17 of 36
Two of the five funded household rehabilitation activities are still under construction and will be completed by the end of December 2021. Such
construction explains why three household rehabilitation activities are still open in the IDIS. Two are household activities and the other one is a sub-
recipient Home Repair Program Administration Activity.
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 no household was served.
Discuss how these outcomes will impact future annual action plans.
Modifications were made to the upcoming PY2021 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 that 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 1h 0
Very Low-Income 1h 0
Low Moderate-Income 3h 0
Total 5h 0
Table 6 – 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 seven households received housing rehabilitation programs. A total of 14 people benefited from home
rehabilitation programs.
It is expected that the City will continue to offer its single-family rehabilitation programs, which were initiated in 1978 and have been provided
continuously since then. The City introduced a Minor Repair (and Home Accessibility Modification) Program back in 2015 to provide elderly and
disabled populations to stay at home and support aging in place. Additionally, the City implemented the Handyman Program using general funds to
assist seniors and persons with disabilities with small home repairs.
The City funds social service sub-recipients (Center of Concern and Northwest Compass Inc.) to develop policies and evaluate outcomes of the City’s
homelessness prevention efforts for low-income renters helping with one-on-one counseling and advice for tenant and landlord mediation, fair housing DRAFTExhibit APage 18 of 36
information, First Time Home Buyers Seminars, and ongoing reverse mortgage, budget, and financial counseling. The housing staff typically conducts
30, 60, and 90-day follow-up reviews to ensure households continue to be stabilized.
The City does not directly receive HOME funds; thus, no data is provided.
DRAFTExhibit APage 19 of 36
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 that 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 can 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 meals 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 the 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 years old. 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 families.
DRAFTExhibit APage 20 of 36
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+-year-old 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 the
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
a 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 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.
The Harbour helps homeless youth transition into permanent housing and independent living, while WINGS helps homeless victims of domestic
violence transition into permanent housing and independent living. The Center of Concern has a rapid program to assist people coming from public
institutions who need intensive and ongoing support and return to permanent housing. Transitional/Rapid Re-Housing with supportive services is
offered without preconditions like employment, income, absence of a criminal record, or sobriety. DRAFTExhibit APage 21 of 36
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions were 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 PY2019.
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 on 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 the 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 were taken to encourage public housing residents to become more involved in the management and participate in homeownership
Henrich House was converted from the Public Housing program to the Rental Assistance Demonstration (RAD) program between July 2018 and June
2020. As part of this RAD conversion, HACC performed over $10 million worth of improvements to the property. As Henrich House is subsidized
through the project-based voucher program, residents of Henrich can request to convert their rental assistance to a tenant-based voucher after one
year of tenancy at Henrich. Through this option, Henrich House residents have a path to homeownership, as HACC residents receiving tenant-based
rental assistance are eligible to participate in HACC’s homeownership program. Participation in HACC’s homeownership program by Henrich House
residents is likely to be very limited, given the resident demographics at Henrich, which serves elderly and/or disabled individuals.
Actions were taken to assist troubled PHAs
The HACC is not designated as troubled.
DRAFTExhibit APage 22 of 36
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions were 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 choices. 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 several initiatives targeted
at reducing obesity and improving the 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. Also, 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 were 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 that will attempt to address the obstacles in meeting the
underserved needs of the community.
Actions were taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
Actions were 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 being
present in their homes after testing, four were reported with no paint disturbed, and one household reported lead paint removal being completed.
DRAFTExhibit APage 23 of 36
Actions were 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 the 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.
Also, the City’s Economic Development Coordinator is making strides towards growing 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 were taken to develop an 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. Besides this, 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 were 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 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 jurisdiction's analysis of impediments to fair housing
choice. 91.520(a)
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, the staff has not been
able to locate the original copy of the AIFH. DRAFTExhibit APage 24 of 36
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 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 was October 31, 2020. The performance period was a
plan to span from November 2018 through March 2022. The AFH is still not completed and that is the reason why the PY2018 Planning and
Administration activity will stay open until AFH is completed.
DRAFTExhibit APage 25 of 36
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 sub-recipient, which sends a monthly report. 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 service 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.
Fiscal Monitoring
The City’s Finance Department is the fiscal agent for the Village. The Finance Department has preventative internal control systems which ensure
timely and accurate expenditure of CDBG resources. Additionally, the City is audited on an annual basis and CDBG funds are included in that audit.
Performance Reporting
The City utilizes HUD’s Integrated Disbursement and Information Systems (IDIS) to manage all financial and programmatic information that is
generated through its CDBG program of each fiscal year. The CAPER is used to analyze the City’s annual activities and programs of the Five-Year
Consolidated Plan. The CAPER includes the summary of programmatic accomplishments, resources available, and the status of activities that were
undertaken to implement the priority needs established in the Five-Year Plan.
Timeliness
City staff checks its timeliness ratio regularly to ensure that funds are spent promptly. HUD requires a maximum timeliness ratio of 1.5, which equates
to having less than 1.5 times the annual entitlement amount of funds available to spend. This year, the City met its timeliness ratio with a rate of 0.79.
Staff will continue to monitor the timeliness ratio for compliance with HUD requirements.
MBE/WBE
Annually, the City is required to report on Minority Business Enterprises (MBE) and Women Business Enterprises (WBE). The city’s sub-recipients
are reaching out to minority and women business enterprises through social media.
DRAFTExhibit APage 26 of 36
Monitoring of Sub-Recipients
The Community Development Department is responsible for creating a contract with its CDBG sub-recipients that outlines the procedures necessary
for its sub-recipients to meet all compliance provisions required under the applicable program. The sub-recipients are monitored based on specific
objectives and performance measures that are outlined in the agreement. The City may utilize two methods to monitor its CDBG Sub-Recipients
including quarterly status reports and an annual site visit (if determined necessary by staff). Additionally, the City will provide technical assistance to
its sub-recipients to ensure that the federal and local requirements are being met.
This year the City did not conduct any monitoring visits due to the coronavirus pandemic. City staff did routinely reach out to sub-recipients to discuss
the impacts of the coronavirus on their organization.
HUD Monitoring Visit
HUD conducted an onsite monitoring visit in 2015. HUD reviewed the City records and held discussions with staff regarding the City’s policies and
procedures in compliance with CDBG regulations. City staff was able to satisfy comments from HUD and HUD commended the City on the
administration of the CDBG Program. DRAFTExhibit APage 27 of 36
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 are holding two public hearings. One public hearing occurred on August 2, 2021, in order to adopt the PY2021 Annual Action Plan.
A second public hearing will be held on December 6, 2021, after the end of the Public Comment Period for the PY2021 CAPER in order to adopt the
report.
A legal notice requesting public input on this CAPER was published on November 3, 2021, in the Journal and Topics newspaper. The 15-day comment
period begins on November 17, 2021, and will end at the City Council meeting on December 6, 2021. 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. DRAFTExhibit APage 28 of 36
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 City’s regular CDBG program objectives, however, the Coronavirus pandemic has increased needs in
the community. As a result, the City and non-profit agencies have had to adapt their methods of service delivery. The approval of CDBG-CV and
CDBG-CV3 involved identifying new and expanded needs caused by the Coronavirus. The 2019 Annual Action Plan was amended twice during the
program year to allocate CDBG-CV and CDBG-CV3 funds.
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
DRAFTExhibit APage 29 of 36
COMMUNITY DEVELOPMENT BLOCK GRANT
CARES ACT CV AND CV3 FUNDS REPORTING
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, makes $5 billion available in supplemental Community
Development Block Grant (CDBG) funding from the Department of Housing and Urban Development (HUD) to prevent, prepare for, and respond to
the Covid-19 pandemic (CDBG-CV grant). The City Received $180,767 in the first round and received $376,164 for the third round of the CARES Act
(CDBG-CV3) funding. The City’s cumulative amount for all allocation rounds is $556,931.
On June 1, 2020, the City of Des Plaines (City) amended its 2015-2019 Consolidated Plan and PY2019 Annual Action Plan to incorporate the receipt
of CDBG-CV Grant funds ($180,767) and also amended its CDBG Citizen Participation Plan to allow for the expedited amendment process
(collectively, the PY2019 City of Des Plaines CARES Act Amendment CV). The whole amount of the $180,767 was allocated for Public Services
Assistance to help Des Plaines' low- and moderate-income households that have been negatively impacted by the Covid-19 pandemic. Funding
allows coverage of subsistence payments for the rent/mortgage, and/or utility payments; expenses for the hotel/motel overnight stay during Covid-19
while homeless shelters were closed, and expenses to provide equipment cleaning, and disinfecting supplies necessary to carry out public service
during the Covid-19 pandemic. The whole amount of $180,767 was spent and vouchers were completed into IDIS until January 4, 2021.
Additionally, according to and following the expedited amendment process approved by HUD, on March 15, 2021, the City, for a second time, amended
its 2015-2019 Consolidated Plan and PY2019 Annual Action Plan to incorporate the receipt of a third-round ($376,164) of Coronavirus Response
Funds CDBG-CV3 (collectively, the PY2019 City of Des Plaines CARES Act Amendment CV3). This time the City allocated $100, 0000 for the Public
Services Assistance to help Des Plaines low- and moderate-income households that have been negatively impacted by the Covid-19 pandemic.
Funding allows coverage of subsistence payments for the rent/mortgage, and/or utility payments. The rest of the third-round funding ($276,164) was
allocated to the City’s Economic Development Small Business Assistance Program (EDSBA), which will focus on the immediate financial needs of
small businesses with 20 or fewer Full-Time Employees, located within the Des Plaines corporate limits that have been negatively impacted by the
Covid-19 pandemic. Grant awards allow coverage of expenses such as employee wages, rent/mortgage utility subsistence payments, workspace
and/or equipment modifications due to social distancing, and expenses tied to the purchase of Personal Protective Equipment (PPE). Additionally,
funds may be used to reimburse the costs of business interruption caused by required closures and/or limited operations due to the Covid-19
pandemic. The PR-26-CDBG-CV Financial Summary Report is currently showing an amount of $423, 530.91 which does not include December 6,
2021, Warrant Register drawdown of $1, 111.59 for the Invoice #3/CDBG-CV# Public Service Financial Assistance Program (IDIS #842), and the
additional amount of $18,417.50 for the CDBG-CV# ED Small Business Assistance Program/Invoice #14/Al Weininger Investment dba Anytime DRAFTExhibit APage 30 of 36
Fitness (IDIS#855 ). With the above-mentioned drawdown, the whole amount of $280,767 planned funding in the PY2020 Annual Action plan will be
spent on Public Services Assistance to not-for-profit agencies and an amount of $162,293 will be spent from $276,164 of planned funding for Economic
Development Small Business Assistance Program activities.
The City plans to spend the rest of the funds ($113,871) leftover from the total CARES Act funded amount ($556,931) in the next few months and will
report completion in the PY2021 CAPER. DRAFTExhibit APage 31 of 36
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE:1
10:08
11-22-21
Program Year 2020
DES PLAINES , IL
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR
02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE)
06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION
10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT
11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10)
12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION
25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24)
PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR
29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR
30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30)
32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35)
PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR
39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR
40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40)
42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)
DES PLAINES , IL
2,020.00
125,779.90
307,241.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
433,020.90
137,033.69
0.00
137,033.69
61,457.00
0.00
0.00
198,490.69
234,530.21
0.00
0.00
137,033.69
0.00
137,033.69
100.00%
PY: PY: PY:
0.00
0.00
0.00%
46,000.00
0.00
0.00
0.00
46,000.00
307,241.00
0.00
0.00
307,241.00
14.97%
61,457.00
0.00
0.00
0.00
61,457.00
307,241.00
0.00
0.00
307,241.00
20.00%
Exhibit A Page 32 of 36
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE:2
10:08
11-22-21
Program Year 2020
DES PLAINES , IL
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17
Report returned no data.
LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18
Report returned no data.
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2019
2019
2019
2019
2019
2019
2020
2020
2020
2020
2020
2020
2019
2019
Total
8
8
8
8
5
5
5
4
4
4
4
6
6
6
6
7
7
7
7
1
1
1
1
2
2
1
1
2
2
2
2
1
2
834
834
834
834
831
831
831
830
830
830
830
832
832
832
832
833
833
833
833
824
824
824
826
822
822
838
838
839
839
840
840
829
828
6458698
6481356
6516992
6552808
6517025
6517026
6552811
6471212
6481693
6516075
6552786
6462378
6481417
6516986
6552806
6462386
6481398
6516985
6552803
6529582
6529584
6557112
6448453
6458299
6458311
6529615
6557264
6557256
6557261
6495977
6496107
6529594
6462366
The Harbour Inc.: Emergency Shelter and Transitional Housing for Homeless Youth Program
The Harbour Inc.: Emergency Shelter and Transitional Housing for Homeless Youth Program
The Harbour Inc.: Emergency Shelter and Transitional Housing for Homeless Youth Program
The Harbour Inc.: Emergency Shelter and Transitional Housing for Homeless Youth Program
WINGS: Safe House Emergency Shelter (Domestic Violence) Program
WINGS: Safe House Emergency Shelter (Domestic Violence) Program
WINGS: Safe House Emergency Shelter (Domestic Violence) Program
Northwest Compass, Inc.: Housing Counseling Program
Northwest Compass, Inc.: Housing Counseling Program
Northwest Compass, Inc.: Housing Counseling Program
Northwest Compass, Inc.: Housing Counseling Program
Center of Concern: Homeless Prevention, Housing Counseling, Home Sharing, and Resources program
Center of Concern: Homeless Prevention, Housing Counseling, Home Sharing, and Resources program
Center of Concern: Homeless Prevention, Housing Counseling, Home Sharing, and Resources program
Center of Concern: Homeless Prevention, Housing Counseling, Home Sharing, and Resources program
Center of Concern: Senior Housing and Supporting Services Program
Center of Concern: Senior Housing and Supporting Services Program
Center of Concern: Senior Housing and Supporting Services Program
Center of Concern: Senior Housing and Supporting Services Program
NWHP: Home Repair Program_S. 4th Ave.
NWHP: Home Repair Program_S. 4th Ave.
NWHP: Home Repair Program_S. 4th Ave.
NWHP: Home Repair Program White St.
NWHP: Minor Repair Program_ Shannon Ct.
NWHP: Minor Repair Program_ Shannon Ct.
NWHP: PY2020 HRP_ Algonquin Rd.
NWHP: PY2020 HRP_ Algonquin Rd.
NWHP: PY2020 MRP_Western Ave.
NWHP: PY2020 MRP_Western Ave.
NWHP: PY2020 MRP_W. Grant Dr.
NWHP: PY2020 MRP_W. Grant Dr.
PY2019_HRP_NWHP_Program Administration
PY2019_MRP_NWHP_Program Administration
05D
05D
05D
05D
05D
05G
05G
05G
05G
05J
05J
05J
05J
05J
05U
05U
05U
05U
05U
05U
05U
05U
05U
14A
14A
14A
14A
14A
14A
14A
14A
14A
14A
14A
14A
14A
14H
14H
14H
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
Matrix Code 05G
LMC
LMC
LMC
LMC
Matrix Code 05J
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05U
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
LMH
Matrix Code 14A
LMC
LMC
Matrix Code 14H
$1,250.00
$1,250.00
$1,250.00
$1,250.00
$5,000.00
$5,553.34
$976.50
$170.16
$6,700.00
$3,457.92
$4,064.04
$4,970.36
$2,407.68
$14,900.00
$2,674.57
$2,149.66
$1,774.72
$2,101.05
$2,028.84
$2,809.97
$2,474.60
$3,386.59
$19,400.00
$24,000.00
$1,252.59
$350.00
$1,028.90
$7,900.00
$471.48
$23,330.00
$1,106.41
$4,250.00
$532.71
$7,000.00
$1,155.70
$72,377.79
$15,473.39
$3,182.51
$18,655.90
$137,033.69
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity toprevent,
prepare for,and respond
to
Coronavirus
Activity Name Grant Number FundType Matrix
Code
National
Objective
Drawn Amount
2020
2020
2020
2020
2020
2020
2020
8
8
8
8
5
5
5
834
834
834
834
831
831
831
6458698
6481356
6516992
6552808
6517025
6517026
6552811
No
No
No
No
No
No
No
The Harbour Inc.: Emergency Shelter and Transitional Housing for
Homeless Youth Program
The Harbour Inc.: Emergency Shelter and Transitional Housing for
Homeless Youth Program
The Harbour Inc.: Emergency Shelter and Transitional Housing for
Homeless Youth Program
The Harbour Inc.: Emergency Shelter and Transitional Housing for
Homeless Youth Program
WINGS: Safe House Emergency Shelter (Domestic Violence) Program
WINGS: Safe House Emergency Shelter (Domestic Violence) Program
WINGS: Safe House Emergency Shelter (Domestic Violence) Program
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
EN
EN
EN
EN
EN
EN
EN
05D
05D
05D
05D
05D
05G
05G
05G
05G
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
LMC
LMC
Matrix Code 05G
$1,250.00
$1,250.00
$1,250.00
$1,250.00
$5,000.00
$5,553.34
$976.50
$170.16
$6,700.00Exhibit A Page 33 of 36
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE:3
10:08
11-22-21
Program Year 2020
DES PLAINES , IL
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity toprevent,
prepare for,
and respondto
Coronavirus
Activity Name Grant Number Fund
Type Matrix
Code
National
Objective
Drawn Amount
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
Total
4
4
4
4
6
6
6
6
6
7
7
7
7
830
830
830
830
832
832
832
832
832
833
833
833
833
6471212
6481693
6516075
6552786
6462378
6481417
6481417
6516986
6552806
6462386
6481398
6516985
6552803
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Northwest Compass, Inc.: Housing Counseling Program
Northwest Compass, Inc.: Housing Counseling Program
Northwest Compass, Inc.: Housing Counseling Program
Northwest Compass, Inc.: Housing Counseling Program
Center of Concern: Homeless Prevention, Housing Counseling, Home
Sharing, and Resources program
Center of Concern: Homeless Prevention, Housing Counseling, Home
Sharing, and Resources program
Center of Concern: Homeless Prevention, Housing Counseling, Home
Sharing, and Resources program
Center of Concern: Homeless Prevention, Housing Counseling, Home
Sharing, and Resources program
Center of Concern: Homeless Prevention, Housing Counseling, Home
Sharing, and Resources program
Center of Concern: Senior Housing and Supporting Services Program
Center of Concern: Senior Housing and Supporting Services Program
Center of Concern: Senior Housing and Supporting Services Program
Center of Concern: Senior Housing and Supporting Services Program
Activity to prevent, prepare for, and respond to Coronavirus
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B18MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
B20MC170009
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
05J
05J
05J
05J
05J
05U
05U
05U
05U
05U
05U
05U
05U
05U
05U
LMC
LMC
LMC
LMC
Matrix Code 05J
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05U
$3,457.92
$4,064.04
$4,970.36
$2,407.68
$14,900.00
$2,674.57
$0.85
$2,148.81
$1,774.72
$2,101.05
$2,028.84
$2,809.97
$2,474.60
$3,386.59
$19,400.00
$46,000.00
$46,000.00
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2020
2020
2020
Total
9
9
9
835
835
835
6483354
6483358
6518167
City of Des Plaines, CED: Planning and Administration
City of Des Plaines, CED: Planning and Administration
City of Des Plaines, CED: Planning and Administration
21A
21A
21A
21A Matrix Code 21A
$20,056.67
$22,423.40
$18,976.93
$61,457.00
$61,457.00
Exhibit A Page 34 of 36
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE:1
11:56
11-22-21
DES PLAINES , IL
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL AVAILABLE (SUM, LINES 01-03)
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION
06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17)
PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)
DES PLAINES , IL
556,931.00
0.00
0.00
556,931.00
423,530.91
0.00
0.00
423,530.91
133,400.09
0.00
0.00
423,530.91
423,530.91
423,530.91
100.00%
279,655.41
556,931.00
50.21%
0.00
556,931.00
0.00%
Exhibit A Page 35 of 36
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:
TIME:
PAGE:2
11:56
11-22-21
DES PLAINES , IL
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10
Report returned no data.
LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11
Report returned no data.
LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12
Plan Year IDIS Project IDISActivity VoucherNumber Activity Name MatrixCode NationalObjective Drawn Amount
2019
Total
10
11
819
820
825
842
851
843
844
845
846
847
848
849
850
852
6412391
6421804
6440794
6418011
6426476
6448611
6422172
6448628
6503185
6512554
6522721
6512705
6512727
6512761
6513103
6512862
6512904
6512877
6513118
6547273
Center of Concern: CDBG-CV Public Service Financial Assistance
Center of Concern: CDBG-CV Public Service Financial Assistance
Center of Concern: CDBG-CV Public Service Financial Assistance
WINGS: CDBG-CV Public Service Financial Assistance
WINGS: CDBG-CV Public Service Financial Assistance
WINGS: CDBG-CV Public Service Financial Assistance
Northwest Compass: CDBG-CV Public Service Financial Assistance
Northwest Compass: CDBG-CV Public Service Financial Assistance
Center of Concern: CDBG-CV3 Public Service Financial Assistance
Center of Concern: CDBG-CV3 Public Service Financial Assistance
Northwest Compass: CDBG-CV3 Public Service Financial Assistance
Center of Concern: ED Small Business Assistance -LMJ/AMA Dancers &
Co
Center of Concern: ED Small Business Assistance-MEA/Somethings
Cooking
Center of Concern: ED Small Business Assistance -LMJ/Westlite Inc.
Center of Concern: ED Small Business Assistance -LMJ/Sunrise Grill
Center of Concern: ED Small Business Assistance -LMJ/Jimmy's
Restaurant
Center of Concern: ED Small Business Assistance -LMJ/Karies
Enterprises, Inc.
Center of Concern: ED Small Business Assistance -LMJ/Happy House
Restaurant Inc.
Center of Concern: ED Small Business Assistance -LMJ/Mr. Pup Inc.
Center of Concern: ED Small Business Assistance -LMJ R&R Holding
Inc.
05Q
05Q
05Q
05G
05G
05G
05Q
05Q
05Q
05Q
05Q
18A
18C
18A
18A
18A
18A
18A
18A
18A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMJ
LMCMC
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
LMJ
$56,086.56
$36,680.96
$34,870.48
$6,758.55
$1,209.45
$761.00
$8,198.53
$36,201.47
$39,984.58
$28,903.83
$30,000.00
$15,750.00
$16,230.00
$16,368.00
$16,080.00
$16,305.00
$15,810.00
$15,720.00
$15,690.00
$15,922.50
$423,530.91
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name Matrix
Code
National
Objective Drawn Amount
2019
Total
10 819
820
825
842
851
6412391
6421804
6440794
6418011
6426476
6448611
6422172
6448628
6503185
6512554
6522721
Center of Concern: CDBG-CV Public Service Financial Assistance
Center of Concern: CDBG-CV Public Service Financial Assistance
Center of Concern: CDBG-CV Public Service Financial Assistance
WINGS: CDBG-CV Public Service Financial Assistance
WINGS: CDBG-CV Public Service Financial Assistance
WINGS: CDBG-CV Public Service Financial Assistance
Northwest Compass: CDBG-CV Public Service Financial Assistance
Northwest Compass: CDBG-CV Public Service Financial Assistance
Center of Concern: CDBG-CV3 Public Service Financial Assistance
Center of Concern: CDBG-CV3 Public Service Financial Assistance
Northwest Compass: CDBG-CV3 Public Service Financial Assistance
05Q
05Q
05Q
05G
05G
05G
05Q
05Q
05Q
05Q
05Q
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$56,086.56
$36,680.96
$34,870.48
$6,758.55
$1,209.45
$761.00
$8,198.53
$36,201.47
$39,984.58
$28,903.83
$30,000.00
$279,655.41
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19
Report returned no data.
Exhibit A Page 36 of 36
4tDES PLAINES IlLINO S
Date: COMMUNilY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
MEMORANDUM
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: John Carlisle, Community and Economic Development Director
Subject: Clauss Brothers, Inc. Nuisance Abatement Services Second Renewal
Issue: On average, the City of Des Plaines requires nuisance abatement on approximately 200 properties a
year. Services are primarily used for cutting tall grass and/or weeds in excess of six inches on properties and
may also include removal of miscellaneous debris, materials, destroyed or dilapidated structures, fence and
similar materials.
Analysis: On February 16, 2018, the City received and opened bids from qualified landscape contractors to
abate nuisances and perform property maintenance services, including grass/weed cutting and solid waste
removal, on private residential and commercial properties. Clauss Brothers, Inc. was the lowest and most
responsive bidder. On March 5, 2018, the City of Des Plaines City Council approved a two-year contract
with Clauss Brothers, Inc. to perform property maintenance services for the years 2018 and 2019. City
Council approved the First Renewal of this contract to cover years 2020 and 2021 with Resolution
R-199-19 passed on December 2, 2019.
The current First Renewal with Clauss Brothers, Inc. expires on December 31, 2021. Section 3.A of
the Contract provides that the Agreement may be renewed by the parties for a total of two, two-year renewal
terms if, prior to termination of the applicable Agreement term, the City and the Contractor mutually agree to
renew the Agreement at the same unit prices.
Recommendation: I recommend approving Resolution R- 193 - 21, approving the Second Renewal of
the Agreement by and between Clauss Brothers, Inc. and the City of Des Plaines for nuisance
abatement services beginning January 1, 2022 and terminating on December 31, 2023.
Attachments:
Resolution R- 193 - 21
Exhibits:
Exhibit A: Second Renewal Agreement
Exhibit B: Extension Letter Dated November 8, 2021
Exhibit C: Contract
November 10, 2021
Page 1 of 24
CONSENT AGENDA #1.
1
CITY OF DES PLAINES
RESOLUTION R - 193 - 21
A RESOLUTION APPROVING THE SECOND RENEWAL
OF A CONTRACT WITH CLAUSS BROTHERS, INC. FOR
NUISANCE ABATEMENT AND GRASS CUTTING
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 March 5, 2018 the City Council adopted Resolution No. R-52-18,
approving a two-year agreement ("Agreement") with Clauss Brothers, Inc. ("Contractor") for
nuisance abatement and grass cutting services ("Services"); and
WHEREAS, the Agreement provides that the City and Contractor may mutually agree to
renew the Agreement for a total of two, two-year renewal terms; and
WHEREAS, on December 2, 2019, the City Council adopted Resolution No. R-199-19,
approving the renewal of the Agreement for the first two-year renewal term; and
WHEREAS, the City and Contractor desire to renew the Agreement for the second two-
year renewal term beginning January 1, 2022 and ending December 31, 2023 in the not-to-exceed
amount of $40,000 per year, subject to the appropriation of funds for the Services by the City
Council in future fiscal years ("Second Renewal"); and
WHEREAS, sufficient funds have been appropriated to procure the Services during the
2022 fiscal year; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the Second Renewal with Contractor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: APPROVAL OF SECOND RENEWAL. The City Council hereby
approves the Second Renewal in substantially the form attached to this Resolution as Exhibit A,
and in a final form approved by the General Counsel.
SECTION 3: AUTHORIZATION OF SECOND RENEWAL. The City Council
hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf
Page 2 of 24
2
of the City, the final Second Renewal only after receipt by the City Clerk of at least two executed
copies of the Second Renewal from Contractor; provided, however, that if the City Clerk does not
receive such executed copies of the Second Renewal from Contractor within 60 days after the date
of adoption of this Resolution, then this authority to execute and seal the Second Renewal shall, 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 ____________, 2021.
APPROVED this _____ day of _____________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
Page 3 of 24
SECOND RENEWAL OF THE AGREEMENT WITH CLAUSS BROTHERS, INC.
FOR PROPERTY MAINTENANCE SERVICES
THIS SECOND RENEWAL is made and entered into as of the _____ day of
___________, 2021, by and between the City of Des Plaines, an Illinois home rule municipal
corporation (“City”), and Clauss Brothers, Inc. ("Contractor"). In consideration of the
recitals and mutual covenants and agreements set forth in this Second Renewal, the receipt
and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows:
Section 1. Recitals.
A.The City and the Contractor entered into that certain "Contract for Property
Maintenance Services" dated March 6, 2018 ("Agreement"), pursuant to which Agreement
the Contractor agreed to perform certain nuisance abatement services for the City
("Services").
B. Section 3 of the Agreement states that that the initial term of the Agreement
began March 6, 2018 and ends December 31, 2019.
C.Section 3 of the Agreement provides that the Agreement may be renewed for
two additional two-year terms.
D.The City and Contractor desire to renew the Agreement for a two-year renewal
term that will begin on January 1, 2022 and terminate on December 31, 2023 ("Renewal
Term") in accordance with the provisions, terms, and conditions of this Second Renewal.
E.Contractor has agreed to charge the City the same rates during the Renewal
Term for the Services as set forth in the Schedule of Prices attached to the Agreement as
Exhibit C (“Schedule of Prices”).
Section 2. Definitions.
All capitalized words and phrases used throughout this Second Renewal have the
meanings set forth in the various provisions of this Second Renewal. If a word or phrase is
not specifically defined in this Second Renewal, it has the same meaning as in the
Agreement.
Section 3. Second Renewal of the Agreement.
Pursuant to Section 3 the Agreement, the City and the Contractor hereby renew the
Agreement for the Renewal Term. During the Renewal Term, the City will pay the Contractor
for the Services in accordance with the Schedule of Prices.
Section 4. Effect.
All terms, conditions and provisions of the Agreement that are not specifically
amended, modified, or supplemented by this Second Renewal shall remain unchanged and
in full force and effect as if fully set forth herein. In the event of a conflict between the text of
the Agreement and the text of this Second Renewal, the text of this Second Renewal shall
control.
[SIGNATURE PAGE FOLLOWS]
Exhibit A Page 4 of 24
2
IN WITNESS WHEREOF, the parties have caused this Second Renewal to be
executed by their duly authorized representatives.
ATTEST: CITY OF DES PLAINES
By: _________________________ By:____________________________
City Clerk Michael Bartholomew, City Manager
Date: ________________________ Date: __________________________
WITNESS: CLAUSS BROTHERS, INC.
By: _________________________ By:____________________________
Date: _______________________ Date: __________________________
Exhibit A Page 5 of 24
Exhibit B
Page 6 of 24
CITY OF Dea PLAINES CONTRACT FOR PROPERTY MAINTENANCE SERVICES
Full Name of Sklder
Pnndpat Office Addle•
LocalOfficlAddntea
Contact Pe11on
____ C_Ll\USS BROTHE8..�"° lf'i...._C_, ____ _
12N330 SWITZER @.!_ELGIN IL 80124
--1l.,�O SWITZER RD. �ELQl� IL 80124
BR� @'TERN ___ T1llphoneNumber 847-488-0711
TO: City of Du Pfailq (•Cit;) 1-420 Miner Stntet 0.Pfatnel, DUnola 80018Alt8ntlon: Office of the City C4erk
1.ltndstl PrRaa•1
A.Contract and lcl¥Jal. If 1h18 Contract la ac.oepted�Bidder propoeea and -,araa that Bfdder &hal, at Ila eole coat and expenae, provldel perform. end complete, In Ult manner apedffed and described, and upon the tennl and condfflona wet rvrth, In 1h11 Connet and th• Clty'e wrttten notification of •ooeptanoe Jn the form fncfuded In thll bound tetof documtntl,all of the following, au of whtch It herein refened to •• the·s.w1c .. •�
1.Labor, Equipment Madlll and SuoQIIB-Provide.perfonn, and aomplefa, In the mannar apecffled anddeectlbed In thfl Contract Bid, all neCNNSY work,labor, NtVlcel, trantPCrtatton. equipment. matenaf1i.-,ppftea, informdon, data, and other mt■l'llt and Hemanecetaary to abate nuflar'tcel and perform propertymaintenance aervicn, indudlng araa end weedcuttlnG and IOtld Mite l'lfflQVal, o-n l'elklentlat _ andcommen'Jfal propettiea wtthln 1h41 Clty (•,.,.,,_,..,-,,au• mote fuUy delahd. In the 1pecfftCatlon1 •t forthIn Sdrlblt A attached to and. ,by thfl rnranoe, madea part of, thll Connet ("Bcope of Wodr);
2.. flrml1I. Procure and fumilh ,11 permtt., ilC81'1NI. and other governmental approvalt and authortzationa n9CN11.1Y In oonnealfOn thal'8Wfth;
3.IDIMJIOQO. Procure and fumlah all lr11u,.ncecertfflca1ee apecffled rn thla Connet;
◄. Iull, Pay au applicable federal, atatet and focaltaxaa. Note that the Cfty la not tubj9ctto ttata or local Niel, uae1 and exolle taxea p•ymant
s, Miacall•alRYI• Do au other thtnga 1'9QuJred of Btclder by thte Comet: and
e. � Provide. perform, and oompllt,e 8'1 of thefol8gOir,g Jn a proper •no WOf'kmlnUke manner,consilllnt with hlghelt atandard• of proteulanetpiwcticet, fn full compliance with, and u requited by orpursuant. to this Contract Bid. and w2th the greltNt
•1-
tcan0mY- efficiency, and expedition oonalant therewith, with only n.w, unda.maa-d, and ht qutll"; equipment. mat1r1tl8. and •uppllel.
B."11PRDAOQI Spmdarda. If ll Contnlat Bid IIaccepaid. Bidder pn.,pQIIII and a;w that 111 Servfoea •u bt fully pR)Vfded. performed. and completed in aocomancawlth the Scope of WOik, and the rwqufrem•nta ut faith In &fl/bit I lttached to and, by 1h11 rwfnnce, made a part Df. 1h11 Contnlet Ski rwan: RIIIN and Ptoo«lu.tu"). No provllfon of any refnnoed ltartdllld, 1,-clflcatlon, manual oreode •hall change the dutlea and reaponslbllli• of the City or Bidder from thou Mt forth In thla Contnlct Bid. Whenl\'lr any 1qu1pment, matertall, or auppll• an, epeciffled or deterfbed tn trait Contract Ski by ualn; thlt name or other identtfylng fNture of • proprietary product or the RPle or other fdentffyfng flature of• partfcular m■nufacturar or vendor, aw tplCfflc ttam mentoned lhall be undendoOd • eatablllhlng the type, fundJon. and QUIity dNlrad. other manuflctul'M' or vendot's' producla may be _ accepted, provided that ht r,,oductt pf'OPC)Md a equivalent '1 aubllanoe and function to thole nemed • detarmlnld by the City in lta IOI& and UIO!ule dl8cretion .
c.
S
U
P
P
D
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I
P
l
l
l
t
y
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a
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I
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W
P
.
I
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Connet Bidie accepted, ft II upreuly UndntOOd and agrud thlt
1.Sldder ahlll irrmedlately notify the City of any damagedone to. and any lou or Injury autfnd by. Chet Cly, theP,openlN or any parta thl180f. or any otntr propertyor ,_.ona aa a 191Ult of tht SeMDH. In no Mnt lhall.. id nottoe be provided ID the City fater than when ttwBidder aubmltl the da1Htaff¥)1d photographs andlnvotce for Che work �Id at tne Property.
2.Biddlr pmp0MI and ag.,... lilt Bidder lhalJ bereaponlJb.le and lfable for, and lhlU Immediately andwithout chaive to tn• Ctly repair o.r replace, damaQtdone ta, and any IOII or Injury .ufflfed by, the City, theProperttea or any parlll ihereof, or any other propertyor .-.on• u • ,_-.dt of the Setvlon.
3.If the Bidder flJII to fmmediateJy nipa'° or ttpface,damage done to, and 1ny1011 or lnJury autrared by, theCtty, the Ptopertlel 0t any parte ttunof, or any othtrproperty orpe110n, 11 a ,_ult of tht S.rvloel. the Citymay etact to rnmedlltelY twpafr or replace. damagedone ta, •nd any latl or t11ury aufferad by. the Cib', thePmpentea or any part& thereof, or •ny other property
Exhibit C Page 7 of 24
Of pol'IOna • • result of the ServioH .id blU thl BJdder for en Q)lta lncuned In doing ao.
4.lbe City la not reaponstde for any dlmage to thtBidder'& equ�•nt The Bid.Mr lh aD not 111COVer fromm.City the coat for damaged equ�ment. brokenmowar bladel, punctured tlntt. or any other damagedequipment. • a reeult of a111;nmente, f8Q■Jd._ ofthe contltion of the pn:,perty. Including awkl1 rallroldeaumantl, drain 9e ditchea or tht poor oondltion of1ny Property. whather commen::111 or raeklentlaJ.
D.IQIPl@n{[tttiOS{Ra)lqtipn. The City ahaU have theright to lnapect err or any pert Of the Bidder• performance of the S.rvfCN and to nt:lact all or any part of the Servicu tt\11 In anyway fafll to conform ltrfctly to the requlrem•ma of thla ContntctBid, and 1tMt City. wtthQut llmlting Ila other "1htt or n,mlldlea,may requn col'f9Ctfon . or 111Pleolmant of th& Service• atBlddet'a COit, perform or haw perfi:mnecl all Bervk:et necntaryto camp• or correct 1111 or any part of the StMcH that J1deflcttve. damaged. or nonconforming and chai;e Bidder with-,.� exceaa COit lneuned thereby, a.nc:el au or any part of anyorder or thll Contract Bid, accept 111 or any pert of 1he Sarvleeathat la nonoonformlng Wfth the Speclt1cetJot\e and make anequitable recluctton In the Contract Prfce1 and .11Jcover frvmBidder any dlmlQ8I aufferlld by the City.
2. Cpntrapt Pdsl PEPPltll
Jf 1h11 Contract Bid • accepted, Bkfder propoua, andag'981. that Blddet lhal 11ke In full payment for •• Servicn and other mat1er1 let forth under s.ctron 1 aboVe. lncfudini, overhNd and profit; tuu, contrfbutiana, and f)Nffllum.: Ind compenaation 10 au IUbcontractors and aupplNI,., the compen..UOn Nt forth below.
A.Schedule of Pricg. For providing, performing. andoomplellng Ill Servlcea, the prtcea eet fD1th In the scnedule of Pr1cea attached hnto a l:Jrlllblt c. The total cherc,et ameMCI to the City by the Bidder dunng ttw Term of thia Contract 1hall be the •eonttaot Ptlt:tl'.
a.eee me 0111rm1n109 P.dRU·1t 1a expte--,Y understood and tQreed that
1.AU prioN ltated in the Schedwt of Pt1Ce1 are ftrm andshall not be 1ubJect to acalltJOn or change;
2.The City Ja not eubject to etata or local NJn, UH, andaxci• taxaa •. that no euch --. era Included In theSchedule af Pricn, and that •H claim or right ta aarmany addltlonat oompenal'tiOn by teaaon of the paymentof •ny auch to it hereby waived and relened;
3.Aff other appficeote federal, ate. and focal tuN ofevery kind and nature applloable to the SeMON an,included In the Schedul& of Prices: and.
4.The approximate quantJtlea Mt forth •n the Schedule ofPr1cee for each Unit Pra ltam .,. the City'• •timateonly, that Cfty n,aerve, the right to lncreaN orde.-.. euch quantities, that payment for each UniPrice Hem ahaQ bt made only on the actual number ofacceptable unite of tuch Unit Price Hem compJeted lnfufl oomplilnr.:e wHh 1hia Contraot Bid, and 1hat alf dalm
-2"'
or right to dispute or cornplaln of any aueh eetfmattd quantity. or ta ._rt thlt there wa any mieundelatandlng In regard to the nab.IN or amoun1 of anw Unit P11ce tttm to be. prcYlded or performed. ii Ml'lbY waived and releaad: and
5.My Servicn not •pedftcafly lillld or referrld to ln theSchedule of Prioll or 1he 8padflcationt, or · notll)IOffically Included for payment under any Unit Pr1ceHam, lhlU be dlemed lndderttal to 11- Contnlct Prlell,thal not be mnaur9d for payment, and lhalt not bepaid for NJ)aretety except • inaidlntal to the ContradPriOe, lnduding wtlt1D11l liTlltdon exttao?dlRl,Y1qu1pment repair, the coat of hntPOrtatlon, pacldng,cartage, and contalnn. h coat of p11p1rfrGaoheduln and 1Ubmfttll1, the COit or rental of 1n11Utoola or bulldlnp, the COit of utiltiN and unitaryconveni,rJCN, and any portion of the Ume Of Sktder, n.1upel1ntendent1. or Its offioe and englneerfng aid.
8. 111e City 1hall not pay fot lnlval time to any diapoalla«., to ariy � mow.d or to en:, property that ha,been mOWld by the property owner betweln the tmeof laauan� of the work order to the Bidder and thlt tkneot Blddefe antval at the Pn:iperty. Only the time !lpentat the Property II eligl,le for payment.
7.The Bidder lhaU not at any trne ..._ a fuel char;e.
C.IDO{Cf IOd flYlDIDt H t. exprwly underetood andagreed that
1.JnvolcN muat be aubmltbld within five days of theperformance of the Servleea end mUllt Include: (I)fta'nized dMcription of the Servlcu performed by theBidder; (It) atreet add,_ or p,openy ducrlp&on, •provJHd by the City: (IJ) dlll 8aM0811 wetaperformed; (Iv) meaaullM:I hetlhtof�befoNIand lfter cutting and/or .atinlta of told waleremoved In cubic yarda; 111d (Y) daiHtlmpedphotographl of Pn,perty, u mo,e lilly delcd>ecl fn 1heScope ofWcw1l. lnvok:al not contlJnlng EACH of th ...reqund elemtnta will not be 110011plld and wRI beretumad to the Bidder.
2.lnvoicM lhaH be pruperty numbered, blMd on ttle unitprtce aubmlttad · and Include th• Bidder'• n1m1.addl9lt and telephone number. lnVOlcee lhall betubmlttod to:
11na MulllttCity of Del Plalnu1420 Mtnor StnletDea Pralnel, IL 80018tmulflttOduplllneurg
3, Once the Ctty hu n,aeiWJd (i} an Invoice meeting 1H the C11tllfa tel forth In thfa NCtlon 2.C and (II) dat.,. 1lamped photographs of delcriptfon of the SerVloel perfom'led by the Bidder, If mon, fully delQtbed In the Scope of Work. the City 1half ,avlew the 8eMcee performed by the Bidder. If 1he S.n,icaa mNI lt'le aatllfactlon of the City, Chy•� lllue fln•I approval of the S.MCN (•FJnal � and thaH promptly notify Bklder of auoh Final AppmvaJ,
Exhibit C Page 8 of 24
-4. ft II uprnely undmtood and agreed that all paymenll ahaH ba mad•· by the City no later than 60 calendar days dart,,, Jaauance of Flnal Approval by th• City.
5.No payment Will be ltlued for the perfonnance ofSarvlcea by the Bidder that hu not received F1nafApproval from the City.
6.AU payrnentl may bit •ut,Ject to deduc:tion or •etoff bytNton of any ra1u,-of Bidder to perfom, under 1hl1Contract Bid.
7. All payment& Iha.fl be made by 1he City tn aocordance\Mith the Local Govlmment P,ornpt Payment Act.
a. r,mu I111nladPD,
A. .If.rm.. If tht& Con1ract i# accepted, the 1arm of thJacontract lhall commence on Mardi e. 2018, and will terminate at 1 f :51 p.m. on December 31, 2018 ,.,.,,,,,. After the lnftJal Tenn, tt,en, 1haH bl optona for two, two year renewal term•. Both partlea muat IIG,.. In Wl'ltlng on a contrect renewal, Which must be exaculff bebn.t the -,cpirdon of tilt then current term.
e. r,rm1n1U9o. If thle Connet fl acceptea1 the City mayterminate tt,11 Contrlct for any rauon by providing 15-dayt written notlol to Bidder. If the City termJnataa thll Contract purau■nt t.o tilli Seclon 3, B. Bidder •hllf detlver to the City oop• of all J11porta, docvmenta and other WOik ,-,formed by the Bidder under thll Connet, and upon rwoefpt thereof, thll City shell pay 8lclder for au Servleal actualy perfonned by Bld&Mr prior to tennlnatton.
... fln■nclal MIM'IQB
A.IDIYtlDPI· If Chia Contract la aooepted, BidderpropOIB and qn,ea that Bklder ehell provtde certlftcate1 of lniUnua evidencing the rnktlmum lnturance coverage and liml1a Mt forth betow within 10 days after the Clty't IICQIPtance of thia Contracl. Suah fnauranoe 1h11 be In fOrm, and tom c:omp■niN, ecceptablt to the City and ahaff na,.,. the City, fnctudi'tg Jbl couna1 mf.ffl'lberl and efecfed and appolnllid afftdaia, lta offlcen1, emptoyeea. 1Qenta, ettomer-. canauHama, and repreaentatNea, .. an Mdttlon■t lnau,.d. The inaurance coverage and limltt nt forth bltow 1h11 be dNmed to bt mfnlmum ooveraoe and tlmffl 1nd .111e11 not be conttrued In any way u • nmttalion on Bidder'• duty to carry edequat. tnaurance oron Bidder'• labll� forfo.• ordlma;N underthll Connet. The minimum lnaurance cove111g9 and li'ntla that •hall be rn1lntalnld at an times whlle provi:llng, perfonnlng, or oomplltlng the Servlcea.,. ae folOW11:
1.Wmklt't CQfflPIQHtfpn and ErnRIPYlt'I LlOIJIN
Umfla shall not be Jua than:
Worker'• Compenaation: Statutory
Employer's LiabRlty; $1,000,000 per oocx.urance.
Such inlu11nce 1haU eVklence that oovera;e applie. to1he State of llnolt and provide• waiver ofauorogalfonIn favor of the City.
-3-
2."9mfDIOHI Mptpr Vfhk;la UtbtJlty
Umitl for wthiolea owned, non� or rented ahallnot bl lela Chin:
$1,000,000 .Bodily Injury and P,operty 0amlta•Comb.-ied Single Limit
3.C9ro0llr:Pflf GtotmJ 1,lablgty
Umb •hal not be leu 1han:
$3,000,000 Bodfty lnJLUY •no Property DamaoeCombined $1ngl9 Umlt,
Coverage ii to be written on an •occumtnoe"---.Covera;e to JAGfud•=
.. Premllea Opamtionia .. Productl/Complatad .Operation• - Independent Cannctora• Penlonat lnJliif'Y (Wfth Eml)loyment Emualondeleted).. Broad Fon,, Pn,perty Damage EndotNment •-xj• -c.■ and •tr• Contractual LlabRtty
Contractual Llabllty COVltfql lhaU tplCfflcaRy lncludt the lndtmnlflcation eat forth below.
◄.PmtHakmfJY•WflY
Umfta 1h18 not be Ina thin $1,000iOOO per OCOAmtnc», '3,000,000 lggtegate.
S.lndamnH1ati9o. If thll Contract Eld 11 accepted, it 11expraaty understood and 119reld that
1.Bidder propotet and ag,... that Bidder ahal1indemntfy, aave ham1leu, and dellncf· the City, ttaCouncil mambara and electacl and appointed offlclaJa1 end ltl oflal'9, emplo)4NII. qenta. ldlomeys,
CODIIUltantl., and tePl'NentltJvw agatnl't ·" d■magIJability, clu'u, Jouel, and � (Including•t:tDrnaya' feN) that may ••• or be alleged to hawarllen, out of or in connecaon with Bidder'•performance Of. or flUure to pertorm, the Servlcle orany pert thereof, or en, faUunt to meet therepraentatione and w.rrantill Mt forth In Section e ofthlt Contract.
2.The Bidder shall, at Ha own eicptnN; appear. deflndand pay 111 cne,;es of attom.,-. and tll coata and othere>q:>enNI arlling tba111mxn or lncul'T8d In oonnecaontherewllh, and, If any judgment lhaU be nrmdered111alnlt the Cfty of 0• Pia.Intl ttl Councl membersand etectad and eippolnted officitll, and Ill offloeta,employeea, egenla, attDmeya, coneultlnta. andmp,...,tatfvea, In any au.:,, action, tile Bi1der 1h11, atIla own ---•• ulisfy and dilch1rge the Nrne.
3.Thia Indemnification doea not apply to lfabilly oaUHdt,y the CJtY-• OM\ negti;.nce.
Exhibit C Page 9 of 24
C.PtDDllt• tf thls Contract Ski II accepted, BidderptOPONI. and &greet that Bidder then be aoJety lllbt• for any tinea or ctvil pen11tia that are fmpoNd by any governmental or quuJ.Govemrnental agency or body that may •rte•, or be alJIQed to have arilen, out of or In connec11on wtth Bidder'• ptttformance of, or ranure to perform, the Servfoea or any s-rt thereof.
D. Addendum-Aftar the pre-bid meeting. Slaff w111 prwpare • complete lat of quut+ona and al'IIWilra ef'ld wm re,. tend the con,plete flli to 11 bidden;.
I.flnn Qontgr;t
AB pl'lc:U and other terma Gted In thla Connet 8kt are flrmand •h•I not be ,ubject to wlthdl'8Wat, ncaldon. or cnan;e provided the etty acoep11 this Contract Bid within 46 day■ after the data the Biddet'• Con1rlat Bid II opened.
8.
Tc fndUClG the City to accept thla Contract Bid, Bidder hereby rapreeenta and warrants Q follows:
A ]be S,ooc,a. lhe ServloN ehalJ: (1) be of merchentabJe quatty; (2) be fnte from any latant or petant defadl and flewa In wo11cm1n1h,1>, materiall, end dellgn; (3) •trictly confonn to the ,equll'lffllffltl of 1h11 Contract Ski,Jnotudlng Without liniltetlon the porfonnanoe 8tandardl l8t forthIn Sadlon 1.B ofthll Contnlct Bid: (4) be pet'formed tn a mameroontlnnt With the deglM of can, 1nd eklll ordlnarily earciledby ntputabJe llndlcapel'I and RWl8 haul1trs cum,ntly operatingunder llmll■r circumatanca In the Chlcllgo MetropoHtanRegJan; and (6) thall be fit 1Uffl0ient. and auitable for thepurpoen e,q,raued k,, or tu.anably Inferred from, thlaContract Bid. The warrantlaa exprelled hl,ekl ahaU be Inaddition to any other wa.rrantiN eJCpllllllMICf or lmpted by lawiwhich ana hereby N1erved unto the City
B. QomPBIOSil with bfWI. TM Se� and all of HIcomponentt, lhaU be provldad, pertormedi end completed fn complfanoe wtth. and Sklder tt;INI to be �nd by, all appDCable federal, ltata, and local lawl, orders. rutea. and reguletione. • tley m•y be modin.d or amended from tine m time, Including without timitlilon; any appllclble pnwalftng wage laws; the Fstr Labor Standard• Act: any ltltutaa n!lprdfnG qu1lftcatlon to do bualnela; any 811tutea requinng p111rerenoa to laborera of apedfled cialNI; any statutea prohfbftlng dlacnmJn«tfon bacauee at, or Atqulnng affirmative action baaed on, race, ct'Nd. color, national orfgfn, a;e, •ex. ot other prohlllted clualflcatlon: •nd any atatutaa or regulationl reg1rdlng aafety or the performance of the SeNicel.
C.Npt Baned. Bidder ii not bamtd by taw fromaonneting with the Otty or with an� other un1t of atate or local government •• a ,_Ult of (i) a delinquency 1n the payment of any tax adminlttenNI by the llUnoll Department of Ravvnue, un._. Bidder II conteltln;, kl 11CCDrdance with the pfOCldurn 1ttal,ll1hed by the 1pproprllla revenue act. ff» llabBlty for the ta or the •mount of the tax: (U) a violation of either Slctlon SSE--3 or Section 33E◄ ofArtfcl6 33 cf ht Cnmlnal Code of 1981. 720 ILCS Sl33E-1 et nq.; or (Ill) a violation of 1he USA Pa1rtot Act of 2001 1 107 PUbllc Law 68 (October 28, 2001) (the •Patr1otAd} or other ltatutat, orderer rut•� and regulatfoM of the Unit.ad Statat oowmment Ind ill various executive departments.
-aendet and offlcu related to the aut,jlct matter of the Patriot Act, Including, but not Umfted 1o, EXIQltfwl. Order 13224 efl'9Ctlve Sep1ambet 24, 2001. Bkfder la not acting, dndty c,r Indirectly, for or on behalf of any S-1'90n, group, entity or nation named by the United Stataa Treasury Depanmenta • SptOially Del ignited Natlonlf and Blocked Peraon, or for or on behalf of any peMOni group. entity or nation dellgnnd In Pnllldentiat Executive Order 13224 • a peraon Who commftl� t1u•tena to ccmmJt, or 1uppotta flln'arilm; end Biddlr' 11 not •na•a-d in 1h11 trllnnctfon dnctty or JndJrtolly on beh11f of, or faclltdng 1h11 nnaac:tlon arrectty or lndlnmtly on behalf of, any auch J)ef'IOn, group, entity or nation.
D.Quapfled. Bidder hb the rwqultlt.e upetllncl, ablrty,capita.I, facWtle1, plant. or;1n1Zatton, and ataff 10 enable Bidder to perfarm 1he Servlcel IUCClllfully end prompUy and to commence and compl.te the ServicaJ wHhn 1he Connet Price Ntb'thtbow.
7� AskQowlldarotott
In IUbmlttlng 1hie contract Bld1 Blddtr ac:knowtecipl and lgfNI that:
A.. SlllaQQI. The City fa talytng on all Wlff'lntlea, repraentatione, and •tatemema madl" by Bktder In this Contract.
B. BIM!Yds>D pf Rlatg. The City l'NIIVU the right toreject •ny and al pn:,pceaJI. ,_.,,,.. the right to Nject the low price prcpontt Ind ruerwa tuCh other n;tlta • are Nt forlh In the lmmucfJonl to Biddera ..
C.!,99DPte,a. If thll Contract Bid• IICQepted, tlldffr1han be bound by -.ch and every tenn, condition, or provilion contained tn thta contract BJd and fn the en,. written notification of acceptance In the fonn lnduded ln this boUnd eat of dOCCJmenta.
D. BtmOdlU. Eacn of the rtghta Ind Alfflldlel wrwdto 1N City In thia COntnlct Bid ahafl be cumulative •nd additional to any other or further ntmedlea prvvlded In law or equity or In thil Connet Bfd.
E.llml, Tme la of the __,nee for'thla Contract Bid and,except where stated otheMile, refeA111ca 11 ttda Conttlot Bid to days lhaN be construed to refer to cafend1r daya.
F. NQ Watyar. No examlndon, InlplCllon, i�atk>n,tell. metaUrement_ reviaw1 determination, decillon, certfflcate, or approval by . the Ctty. whethar � or after the City'• •caeptance of tl'lil Connet Bid; nor any lnformlllan or dataeupplled by the City, whether befara or att.r the Ctty'aacceplance of thla Contract BJd; nor any Older oy the City for thepaymant of money; nor any payment for, or Ult, PGMUalM, or•� of, 1he whole or ■ny part ofti1e SeMCN bythl City;nor eny extenaian of ame granted by the City; nor any d•tay bythe City In exemflln; any right. under thll Contract Bid: nor ..-.yother act or omiNlon of the City lhall oonttltute or be d .. medto be 1n ■cceptanae of any defactive or nonconf'ormingS.rvtcea. nor operate to w.Jve or otheNIN diminish the effector any ,-presentaliOn or wamanty midi by Bidder: or of anyrequirement or provision of 1111 Canttect 8kt; or Of any remedy.powtr, orri;htofthe City.
Exhibit C Page 10 of 24
G. lmmbmty. The provtstone Of thla Contract Bid ahaltbe lntelJ)l'llted when poulble to IUlteln their legality Ind .nforceflblllty u a whole. In lhe event any provfa!on of #Ill Contract Sid $hall be held fnvalkl, Ufegalt or unenforaeabfe by • court of compemnt JufildlCOon, In whole or In part. neither the vtlldlty of the remaining pa,t of 1uch proYIIIOn, nor the vatldtty of ,ny other pravta1on1 of thlt Contract Bid et.all be In any way 1«.cfad thttreby.
H.Amanqro,[Jfl No modrflcatJon, addfflon, deletion.revt•fon. 11taraUon, .or otlutr change to lhill Contract Brd lhefl be effective unten and until auch change ti t'9duoed to Mtting and executed and d•livered by the City Ind aklder. except that the City hal th• right, by wrltbtn Ordet� by the City, to make chanQM tn 1he Servieea C-CIIIIIJ,-Ontr). If any Cha'1Qtl Offler 0111_. an lncNNlle or dectNN tn th9 amount of lhl ServlcN, then an equ� adJUltment in the SOhedule of PrlCM may be made. No daCl'UN in the amount of the Servicn caulled by any Change order ahafl entltl9 Bldcfer to make any otalm for damar,ea, anlcilpldld pn:,ffla, or other compentetlon.
l.Allfrmmwrt Neither thil Comract Bid, nor any lrtterutherein. thall be auignecj or auboanncted, in whole or In part, by Bfdder-.c.pt upon the prlorwrfttln conNnt oftht City.
J.GPYID11DP yaw. Thla Conm:t Brd, and the right. ofthe partlea under Illa Contract Bid ahan be interpreted according to the Internal tawa, but not the conflict of law n.,Jea, of the Stnl ot uunofa. Every pmv1aron of tew requncs by law to be fnaerted ·Into thlf Connet 8kt ehall be deemed to be Nel18d herein.
t<. B•JaMoo•blP of the pa,ua, .. The Bidder lhaU tot a, an Independent ccntrac:tor In provfdln; and perfonnlng ltl11
Servloea. Nothing In, nor done pUr.uani to, thll Agrument lhall be conslNed: (1) to c:rNte the relatloMtllp of pdndpal and agent. employer and employae, p11rtne11, or joint vantul'II betwa.n the City and BJddlr; or (2) to nn, any ntlltionthip IMttween the City and any tuboonnc:tor of1he Bidder.
L.Qwnmhlp. De1·1;n1, dnrwtnga, planai. apedftcatlons,phob>I, NP011t1 Information, obe•rvattone. oalcull1fon1. notll, and any o1her dooumenta, data, ar Information, fn any fonn, prwparad, aollaCl8d, or received from the City by tht erdder kt oonnecllon with any or ,a of the S.rvicee 1o be performed under thla Connet (•Documentt-> lhall bl •nd rtmaln the exclualve property Oftht City. At the City'• naqueat. or upon tarmlnatlon Of thil Contract, the Bidder lhaJI C8UM the Documtnta to be promptly deflver.d to the Ctty.
M. lnmD tq e,,tpon. In the ev.nt the S1cld« it unable topetfonn •ISlned tuk fn tJme frame p1'810tibld, the Ctty teMIYII the tiOM 1o hlnl another Bidder to compfete the 1aak on aaid J)ft)p-,ny a wan•• any other future pn:,pertiea. Any charge• over and above awarded contract pdON wllf be deducted frOm tht IWlrdtd BJdckK't ne.xt lrwolol.
N.t!2111Viefflt Contract Thia Contract II a non-exclualve ODl'ltrRt \Mth the Ctty. The City l'INMJI the "3ht to Lllf.l other con1raet0ra or 111 own emp1oyeel to perform urvlCN unHar to 1hat being perro·rmect undar the term, of ttile contract. Parlbrmaru::a of NMCN by othert lbd be construed .. being conefltent with the terma of the contract and lhall not a cauae for the.Skider to CNN ptatfonnance of work •• dlntated.
[SIGNATURE PAGE FOLLOWS]
Exhibit C Page 11 of 24
Dated: FEBRUARY 16 .2018.
Bldder'a statua; W) DELAW6RE Corporation ( ) ·--- Partnership ( ) JndMduat Proprietor(State) �(State)
Bfddefa Name: CLAUSS BROTHERS, INC.
Doing Bualnen Aa (ff different): �-·==------��---------------,,/) Date Buainesa Founded or Incorporated: 1825 <,." , ,· -�-.
Signature of Bidder or Autho!J�crAg8;;1;-·. �;-����··---��,=CL
,I' ·"'
(Corporate ual) :. Printed N�:.. ,F&T�R A ___ ,�.--.�------(ff corponatl..m) '-•----•· - - ·--·- ��-TitlelPoalt.ton: PRESIDENT=· ________ _
Btddet'I Bualnasa Addrea1: 12N330 SWtTZER RD.
ELGIN IL 80124
Bidder's Bu•lnesa Telephone: a,1-488-0111 fac:aimile: 847-488-0551
If a corporation or pa,tnerahlpt Hat all offlcara er partnens:
I
NAIIE � TITLE ADDRE88
SEE ATTACHED CORPORATION C .
'�-
-
--·
�FICERS LIST
--....
......... �----
-
,----·-·
•.. ··-
.. ···�--· ..
--J -�-
� . ! ----l
Exhibit C Page 12 of 24
CLAUSS BROTHERS. INC.
Laad1eape Ardalactl A Contraeton
OFFICERS OF CORPORATION
WALTER B. CLAUSS, CHAIRMAN OJ' THE BOARD PETER A. STEVENSON, PRESIDENT SUSAN M. MILLER. SECRETARY TREASURER NATALIE A. GONGAWARE,ASSISTANT SECRETARY
DIRECTORS
WALTER R CLAUSS PETER A .. STEVENSON SUSAN M. MD,J.ER NATALIE R. GONGAW ARE BRIAN A. STERN
NAMES & ADDRESSES OF SHAREHOLDERS
•Walter R Claus 10N2fi1 Muirhead Rel. Plato Center. IL 60124 •Gladya M. Stevemon 5N'376 Powb Rd. WaJJle, IL 60114 •James A. Steveuon 38WOS4 Creekdde.St. Cb.rle1, IL 60175 •Peter A. StffeDIOD 12070 Hamon Rd Algonquin, IL 60123 •Brlaa IC. Claau 413 Cornell EJ&ln, IL QJW
FEIN# 36-2701288
12N330 SWlTZBRROAD ELGIN. IL fO 124 Tm. (147) 4"-07U FAX (147)418..05$1
43.76% 35.74% 10.5% &0% 2.0%
Exhibit C Page 13 of 24
EXHIBIT A
SCOPE OF WORK FOR CONTRACT FOR
PROPERTY MAINTENANCE BEfMCES
The City of Des Plaines is seeking bids from quaUfied landscape contractors/companle.s to abate
nuisances and perfor.m property mafntenance services, Including grass and weed cutting and solld waste
removal, on private residential and commercial properties within the aty. The City requires these ·ser\4ces on
approximately I.OD properties a year.
The services will be prfmarHy forcuttlngtall grass and/or weeds in excessof6 Inches on properties and may
also lndude removal of miscellaneous debris, materials, destroyed or dilapldated structures, fences or other
simtfar materials.
a.Cutting Grass and/or. Weeds.
1.The Bidder shall be required to cut designated properties to control tall weeds and grass
growth.
Mowing equipment shafl be set to cut the grass and weed growth at a heiJht of two Inches or less and the
equipment shall be adjusted so that the finished top surface wm be even.
2.The 81dder shall take a date�tamped drgital photograph of each property before cutting with a
measuring device visible In the picture, soastodetermfne thatthegrass lsln fact overslxbefore cutt1n1. The
Bidder shaH takea date..stamped dl<af photo,raph of each property after cutting.Each photoaraph shall have
an Identifier In the background to dlfferentlate the property from any other. Two photographs before and
after, onecloseupandonefromfurtherback, maybenecessaryto accompllsh this requirement lh!tia"nd
submit both pictures, together with an Invoice, to confirm the work performed. The date-stamped
photograph and invoice must be emaUed or delivered to the Cltvwithln five QlliOfthe cuttln1. Each
photqraph must betltled with the date of the cut and the property description. The photographs shall become
the property of theC1tyupon submittal of the photographs totheCftyelectronlcally orby any other method.
3.The Bidder shall be responsible to clean up the site after each Job which shall Include catch, raldn&
and pickup of arass or weeds.
4.The removal and off-site disposal oflandscape waste, debris and refuse shall be f ncluded In the
contract price for mowing unless an extra fee Is pre-approved in writing by City staff before the work Is
performed.
b.Sp,Ud Waste Rf!mOyjll.
1.. The City may require the Bidder to remove solid waste from a property. Solid waste Includes
all prbage, refuse, and moderately sized building materials/construction or demolition debris. Bidder shall not
be requ.lred to collect and dispose of hazardous waste as defined In Section 3.220 of the Illinois Environmental
Protec.tfon Ad: (415 ILCS 5/3.220}. When 8Jdder# during the performance of the Services, encounters hazardous
waste materials, Bidder shall prompttv notify the City of the type and location of hazardous waste encountered .
.. 7.
Exhibit C Page 14 of 24
2.In the event that the Bidder discovers unanticipated solid waste on the property, the Bidder
shall notify the Ctt:vto determine Jf anextra feewHI be paid for Its removal.
3.The Bidder sha n take a photosraph of the soHd waste on the property prlor to and after
removf ng (t Each photograph shall have an identifierinthe bacqround to differentiate the p.ropertyfrom any
other. Two photographs before and after, one close up and one from further back., may be necessary to
accomplish this requirement. TheBlddershall submttalplctures, together with an Invoice, toconflrm the work
performed. The date .. stamped photoaraphs and Invoice must be emailed or dellveredtotheCltywlthln
five dr,4sof the cutting. Each photograph must be tltled with the date of the cut and the property description.
The photographs shall become the property of the City upon submJttat of the photoaraphs to the City
efectronlcally orby any other method.
4.The solid waste must be removed and be disposed of a tan approved landfill.
·8-
Exhibit C Page 15 of 24
EXHIBIT I
WORK RULES AND PROCEDURES FOR CONTRACT FOR
PROPERTY MAINTENANCE SERVICES
a.CompletfanofWorkWtthlnflveOays.
The successful Bidder maybenotffled onanasneeded baslsbytheCltytoperform speclficwork atpartfcular
Properties. The Bidder shall complete the requested services within five days after receiving such
authorization. It Is the Sldder's responstbtllty to notify the City of the compfetlon of work.
The Bidder shall notify the City of hls/herfaUuretoprovidetheServlcesonthePropertfes bythefourth day after
receiving authorization: (1) In the event of Jnclement weather; or (fi} In the event that the grass and/or weeds
were cut and/or solid waste was removed bv the owner of the Property or a third party before the Bidder
performed any work.
b.Jldder to Seek Cfarlflcatfon of Asshtnment.
Upon arrival at any assigned Property, ff there ls any doubt on the Bidders part what type of Service needs
to be performed, the Bidder shall not service said Prope.rty and shall f nstead contact the City within 24 hours
for more Information and direction.
c.�rr�on Period.
Any Property which fs not mowed and/or cleared of soJld waste satisfactorily, as deemed by the Cfty, or does
not receive Final Approval, as that term ls defined in Section 2.C.3 of the contract, from the City shall be re
serviced upon the City's request at the Bidder's sole cost and expense within 24 hours or on the next reaular
business day, whichever comes first.
d.Protection of Public and Private Property
The Bidder sha II exercise all necessary caution to protect vehicular and pedestrian traffic and to protect all
public and private property from fnjury or damage caused by the operattons of the Bidder. Any practice
obviously hazardous In theopfnlon ofthe City shall be Immediately discontinued by the Bidder upon receipt of
either written orora I notice to discontinue such practice.
e.Work Hours.
The Bfdderwllf be allowed to schedule Its normal work hours between 7:00a.m. to 7:00p.m. Monday through
saturday, and 10:00a.m. to 6:00p.m. on Sunday and Holidays.
f.Uuall�of�raSLa11dt.or Weeds Cutting.
All arass and/or weeds cutting shall be done to a commercially reasonable standard that Includes but not
limited to: mowing grass at a uniform height; edging of lawn around sidewalks, driveways, and other
concrete areas; weed trimming; and removal of grass and weeds from cracks in sidewalks and other
concrete.
Exhibit C Page 16 of 24
EXHIBITC
BJQPEBI SCHEDULE PE PBIQES
lO-yan:I dumpster, wtth tip fee (per unit) $ 340.00
20-yard dumpster, with tip fee (per unit)
$ S90.00 ___ _ --::-----�---�--30..yerd dumpster, with tip fee (per unit} s 470.00 3..yard dump truck, with tip fee (per hour)
· S-vard dump truck, with tip fee f per hour)--------_,_,,,._, __
io-ya rd daimp tru� with tip fee (perhour)
sao.oo
I
--------------�-,-Debris disposal (per yard)
,1100.00
$180.00
Grass seed (per SO lb. ba,)
Straw (per bale)
Top soll (per yard)
Roundup (per appllcatlon)
t20.00
$75.00
$7.00 ---
$20.00
r $10.00 PER GAL USED -f!I'... --. .., ., -- � -SklcJ..steer loader (per hour)
Chain saw (per hour) ----�-------�--l--� 585.00
$25.95 . 20" lawn mowerfperhouri ,,
-&er'� lawn mower {per hour)
J '
� Shrub trimmer (per hou;) .
leaf blower (per hour)
Weed whip (per-hour)·· �-�
Lawn edger (per hour)··-··
-10-
•�r-�
834.95
----,
--_ $25.9i_, ___ -,
,$27.�•�n-.
S28.95
$25.95
Exhibit C Page 17 of 24
ACCEPTANCE
The Bid attached hereto and by this reference incorporated herein end made a part hereof II hereby accepted by the order of theCJty of Dea Plalnoa (•City") uof ffi�fc.,h 5 r-1' , 2018.
Thia Accaptance, together wtth the Contract atteched hereto, conatitutea 1he entire and only agreement between the parUes relating to the accompHshment of the sarvlcel and the compensation theretor and tupe(Ud" and merges any other prior or contemporaneoua dlecuuiana, agreements, or understanding&. whither written or oral, and 1hall prevaU over any contradictory or fnconatstant terma or condition• contained In any purct,aae order, aecepte.nce, acknowledgement, Jnvolce, or other atanderd fonn uaed by the partt• Jn the performance of the Contract. Any 1ue11 contmdlctory or i"tcOnllltent term• or condition• ahafl be deemed objected to by 1he Ctty without further nottce of objection and 1haU be of no eft'ect nor fn any circumstance• binding upon the Cfty unteaa accepted by the City in e written document plainly labeled •Amendment to contract.• Acceptance or rejection by the Ctty of any 1uch contradictory or lnconllatent tenna or conditions 1h1U not con&tttute acceptance or any other contradictory or rncontlltent terms or condltiona.
CITY OF DES PLAINES
Signature: /fl. rf}e, l�_-__ _
Printed name: (Y}I ,)1.u.e-f f11� fY1'4 h,c,yl
Titte: LEO 0,re.'-'0_L°"---�----
-11·
Exhibit C Page 18 of 24
CLAUSS BROTHERS, Inc.
Landacape Arcbttectt, a Contractore
REFERENCES-MAINTENANCE
CI1Y OF WHEATON
303 WBST WESLEY STREET BOX 127
WHBATON,IL
loan M. Schouten
(630)260-2184
CITY OF DES PLAINES Des Plain.es, IL Butch Ehrke 847-391-6961
VILLAGE OF STREAMWOOD
301 B. IRVING PARK ROAD STREAMWOOD. IL
Deborah Carrion
(630)736-3834
VILLAGE OF HANOVER PARK
2121 WEST LA.KB STREET
HANOVER PARK, IL
SoottWebor 630-372-4440
CHICAGO PARK DISTRICT Cbicago.n., Karen Szyjka 312-287-346S
VILLAGE OF LISLE Lislej n., Jeremy Lake 630-271-4175
12N330 SWJtzer Rd. Elgin1 IL 60124 TEL (847) 48M711 FAX (847) 488-0551
Exhibit C Page 19 of 24
FOREST PRESERVE DISTRICT OF COOK CO�'TY River Forest, aJohnMcCabe 708-771-1180
LOYOLA UNIVBRSITY Lake Shore Campus Chicago, n., Bill Curtin 773-S08-8851
WINDINGS OF FER.SON CREEK St. Charles, IL Steve Jones 312-502-6238
THE WINDINGS VJLLAS St Charles, IL Jerry Tritz (630)S87-8763
BUONA BEEF (Various Locations) BeNYDtIL Joe Buonavolanto 708-749-2333
RADIO FLYER Chicago,IL CYLA Design Assoc., Inc. Karen Heller 708-524-1484 ex 228
Exhibit C Page 20 of 24
CLAUSS BROTHERS, Inc.
Land1cap1 ArchJtecta & Contractors
µ�iNSES/CER11FICAllONS
ISSUING �G�NCY TYPE
State of Illinois Business
State of Illinois �ndscape Architect
City of Chicago General Contractor
City of Chicago Public Way Work
Illinois Dept of Human Rights Registration
lntt Society of Arboriculture Certified Arborist
State of Illinois Pesticide-Commercial Appl.
, State of Illinois Pesticide• Commercial Appl.
Illinois Dept of Agriculture Nursery Dealer CJrt
Illinois Dept of Trans. Subcontractor
Cook County Dept of Bldg� Landscape Contractor
Cook County Dept of Bldg. General with Trades
Cook County Dept of Bldg. Excavating
DuPage County Dept of Econ. General Contractor
Village of Oak Park Contractor
Village of River Forest Contractor
Village of Northbrook Contractor
12N330 SWITZER. ROAD ELGIN, fl 8012'1 TEL {847)488..0711 FAX (847)488--0551
NUMBER
4974-065-4
157.000581
TGC04393
PWN13483
110853-00
IL-4264A
CA3185026
CA3184994
031-330
15229
044627
044626
046581
2013-CR4641
CL003893·12
2014-0442
16-0305
Exhibit C Page 21 of 24
February 16, 2018
CITY OF DES PLAtNES
1420 MINER STREET
DES PLAINES, IL 60016
CLAUSS BROTHERS, Inc.
Landacape Arcflltacte & Contractors
12N330 Switzer Road
Elgfn, IL 80124
847-488-0711
847-488-0551 fax
Clauss Brothers, Inc. fs fully competent and capable of fuffHHngthe responslbllltJes and contract
requirements as outlfned In the btd specifications for the City of Des Plaines' Property
Maintenance Services. ctauss Brothers has the staff, equipment and experience necessary to
commence the work and provide the level of quality that 1s expected.
Clauss Brothers, Inc. Is a responsible contractor in good standlns with no legal vlolatlons8
deltnquenc1es or defaults.
Peter A. Stevenson, President
Exhibit C Page 22 of 24
Applicant (Name)
(Address)
CITY OF DES PLAINES AFFIDA VlT OF COMPLIANCE
9����J\IROTHERS, INC,
12N330 SWITZER RD.
"· ___JbGIN IL 15(),12_4_· ___ _
A1 a condition of entering into a contract with the City of Des Plaines. and under oath and
penalty of perjury and possible tennination of contmct riabt and debarment, the
undersigned, PETER A. STEVENSON
first duly sworn on oath, deposes and states that he or she is
_____ ....,eB-F-S-•D-E�N�I-----------(aole owner. partner,joint
venture, President, Secretary, etc.) of� . CLAUSS BROTHERS. INC. · · · (Name of Compm,y)and has the authority to mate all certifications required by this a:ftidavjt.
Section l
Nnret•uJM
The undersigned certifies tbat this bid, that web bid is scnldno and not oolluaivo or ahatTl; that said bidder has not colluded. conapiral, connivod or agreed. diroctly or. indirectly, with any bidder or person, to put in a sham bid or to refrain &om bidding. and has not in any mannor, directly or indh'ectly, aougltt by agteement or collusion, or communication or conference with any person, to fix tho bid price clement ofthia bid, or of that of any other bidder. or to aecue any advantage apinat any other bidder or any penon interested in the proposod conttact
EXHIBIT 2 (1 of 2)
Exhibit C Page 23 of 24
Sectionn Bid RI
The undersigned hereby certifies that it is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States.
Section III
1WPol1 Drug Fm Workplace Nit
The undersigned further states that CLAUSS BROTHERS, tNC.
(Name of Company) provides a Drug-free workplace pursuant to Illinois Statutes, 30 ILCS S80/l, et seq. and provides compliance with necessary n,quiremcnts.
Section IV Iu bYJD!nt
The undersigned further states that CLAUSS BROTHERS, INC. - -· (NaN o/Coiiijiany)is not delinquent in payment of any taxes to the IJUnois Department of Revenue, in accordance with Dllnoia C.Ompiled Statues, 6S ILCS 5/11-42.1. Tho undorsiped understands that making a false statement regauding delinquency in taxes is a Cius A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action.
Jt is expressly undmtood the foregoing statements and representations and promisos aremade u a condition to the right of the bidder to receive paymait under any award made under the terms and provisions of this bid.
The undersigned certif!.�, tr ,t all the information contained in the Affidavit is b'Ue· and :;ef,1r� .. - ..... -
. -.--.
•,,..._. __ . -•=c••�•�PRtSIOENT -•• ••• •
-. -,•.� .. ,-a•.·= �-•-·'•"'-----�"-' ----- � --(TJJle)
Subscribed and Sworn to before me this 18 day of FEBRUARY
By. &:wi,:j;�
.. sea1 ..
201 ,AD.
Exhibit C Page 24 of 24
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: November 10, 2021
To: Michael G Bartholomew, MCP, LEED-AP, City Manager
From: John Carlisle, Community and Economic Development Director
Subject: Citywide Elevator Inspection Services, Inc. First Renewal
Issue: On average, the City of Des Plaines requires inspection of approximately 500 elevators a year and
about 1/4 of those require a re-inspection. There are approximately fifteen plan reviews for new elevators
and elevator upgrades done annually.
Analysis: On October 10, 2018, the City received and opened bids from qualified elevator inspection
contractors to inspect all conveyances and perform plan reviews. Citywide Elevator Inspection Services, Inc.
was the lowest and most responsive bidder. On November 5, 2018, the City of Des Plaines City Council
approved a three-year contract with Citywide Elevator Inspection Services, Inc. to perform elevator
inspections and elevator plan reviews.
The current contract with Citywide Elevator Inspection Services, Inc. expires on December 31, 2021. Section
3.A provides that the Agreement may be renewed by the parties for a total of two, two-year renewal terms if,
prior to termination of the applicable term, the City and the Contractor mutually agree to renew the Agreement
at the same unit prices.
Recommendation: I recommend approving Resolution R-194-21, approving the First Renewal of the
Agreement by and between Citywide Elevator Inspection Services, Inc. and the City of Des Plaines for
elevator inspection and plan review services beginning January 1, 2022 and terminating on December 31,
2023.
Attachments:
Resolution R - 194 - 21
Exhibits:
Exhibit A: First Renewal Agreement
Exhibit B: Extension Letter dated October 18, 2021
Exhibit C: Contract
MEMORANDUM
Page 1 of 18
CONSENT AGENDA #2.
1
CITY OF DES PLAINES
RESOLUTION R - 194 - 21
A RESOLUTION APPROVING THE FIRST RENEWAL OF
A CONTRACT WITH CITYWIDE ELEVATOR
INSPECTION SERVICES INC. FOR ELEVATOR
INSPECTION AND SAFETY DEVICE PLAN REVIEW
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 November 5, 2018 the City Council adopted Resolution R-193-18,
approving a three-year agreement ("Agreement") with Citywide Elevator Inspection Services Inc.
("Contractor") for inspection and plan review services for all new and existing safety devices and
equipment related to passenger and freight elevators, escalators, dumbwaiters and other
conveyance devices (collectively, "Services"); and
WHEREAS, the Agreement expires on December 31, 2021 ("Termination Date"); and
WHEREAS, the Agreement provides that the City and Contractor may mutually agree to
renew the Agreement for a total of two, two-year renewal terms; and
WHEREAS, the City and Contractor desire to renew the Agreement for the first two-year
renewal term beginning January 1, 2022 and ending December 31, 2023 in the not-to-exceed
amount of $6,000 per year, subject to the appropriation of funds for the Services by the City
Council in future fiscal years ("First Renewal"); and
WHEREAS, sufficient funds have been appropriated to procure the Services during the
2022 fiscal year; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
approve the First Renewal with Contractor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: APPROVAL OF FIRST RENEWAL. The City Council hereby approves
the First Renewal in substantially the form attached to this Resolution as Exhibit A, and in a final
form approved by the General Counsel.
Page 2 of 18
2
SECTION 3: AUTHORIZATION OF FIRST RENEWAL. The City Council hereby
authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the
City, the final First Renewal only after receipt by the City Clerk of at least two executed copies of
the First Renewal from Contractor; provided, however, that if the City Clerk does not receive such
executed copies of the First Renewal from Contractor within 60 days after the date of adoption of
this Resolution, then this authority to execute and seal the First Renewal shall, 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 ____________, 2021.
APPROVED this _____ day of _____________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
Page 3 of 18
FIRST RENEWAL OF THE AGREEMENT WITH CITYWIDE ELEVATOR INSPECTION
SERVICES INC.
FOR ELEVATOR INSPECTION SERVICES
THIS FIRST RENEWAL is made and entered into as of the _____ day of
___________, 2021, by and between the City of Des Plaines, an Illinois home rule municipal
corporation (“City”), and Citywide Elevator inspection Services Inc. ("Contractor"). In
consideration of the recitals and mutual covenants and agreements set forth in this First
Renewal, the receipt and sufficiency of which are hereby acknowledged and agreed, the
parties agree as follows:
Section 1. Recitals.
A.The City and the Contractor entered into that certain "Contract for Elevator
Inspection Services" dated November 5, 2018 ("Agreement"), pursuant to which Agreement
the Contractor agreed to perform certain nuisance abatement services for the City
("Services").
B. Section 3 of the Agreement states that that the initial term of the Agreement
began January 1, 2019 and ends December 31, 2021.
C.Section 3 of the Agreement provides that the Agreement may be renewed for
two additional two-year terms.
D.The City and Contractor desire to renew the Agreement for a two-year renewal
term that will begin on January 1, 2022 and terminate on December 31, 2023 ("Renewal
Term") in accordance with the provisions, terms, and conditions of this First Renewal.
E.Contractor has agreed to charge the City the same rates during the Renewal
Term for the Services as set forth in the Schedule of Prices attached to the Agreement as
Exhibit C (“Schedule of Prices”).
Section 2. Definitions.
All capitalized words and phrases used throughout this First Renewal have the
meanings set forth in the various provisions of this First Renewal. If a word or phrase is not
specifically defined in this First Renewal, it has the same meaning as in the Agreement.
Section 3. First Renewal of the Agreement.
Pursuant to Section 3 the Agreement, the City and the Contractor hereby renew the
Agreement for the Renewal Term. During the Renewal Term, the City will pay the Contractor
for the Services in accordance with the Schedule of Prices.
Section 4. Effect.
All terms, conditions and provisions of the Agreement that are not specifically
amended, modified, or supplemented by this First Renewal shall remain unchanged and in
full force and effect as if fully set forth herein. In the event of a conflict between the text of the
Agreement and the text of this First Renewal, the text of this First Renewal shall control.
[SIGNATURE PAGE FOLLOWS]
Exhibit A Page 4 of 18
2
IN WITNESS WHEREOF, the parties have caused this First Renewal to be executed
by their duly authorized representatives.
ATTEST: CITY OF DES PLAINES
By: _________________________ By:____________________________
City Clerk Michael Bartholomew, City Manager
Date: ________________________ Date: __________________________
WITNESS: CLAUSS BROTHERS, INC.
By: _________________________ By:____________________________
Date: _______________________ Date: __________________________
Exhibit A Page 5 of 18
Ehibit B Page 6 of 18
Exhibit C Page 7 of 18
Exhibit C Page 8 of 18
Exhibit C Page 9 of 18
Exhibit CPage 10 of 18
Exhibit CPage 11 of 18
Exhibit C Page 12 of 18
Exhibit C Page 13 of 18
Exhibit CPage 14 of 18
Exhibit C Page 15 of 18
Exhibit C Page 16 of 18
Exhibit C Page 17 of 18
Exhibit C Page 18 of 18
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1111 Joseph J. Schwab Road
Des Plaines, IL 60016
P: 847.391.5464
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Tom Bueser, Superintendent of General Services
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering
Timothy Watkins, Assistant Director of Public Works and Engineering
Subject: Morbark Chipper Purchase
Issue: The approved 2022 budget includes $115,000 in funding for a Morbark wood chipper.
Analysis: The Public Works and Engineering Department currently utilizes multiple wood chippers
for year-round tree maintenance operations including: clearing tree storm debris, branch pickup, tree
pruning, and tree removal. The City’s current unit which is being replaced is a 2006 Morbark chipper.
After review of equipment options available and the City’s current equipment, the Morbark Eeger
Beever 2131-SA trailer mounted wood chipper was chosen by crew members and staff to best fit the
City’s needs. Alexander Equipment is the regional supplier of this unit which is available through
Sourcewell (formerly National Joint Powers Alliance), which is a cooperative purchasing entity for
government and educational agencies of which the City is a member. Per Sourcewell Contract
#031721-MBI this equipment can be purchased from Alexander Equipment in the amount of
$95,961.06.
Recommendation: We recommend the purchase of a Morbark Eeger Beever 2131-SA wood
chipper through Sourcewell Contract #031721-MBI, from Alexander Equipment, 4728 Yender
Avenue, Lisle, IL 60532, in the amount of $95,961.06. Source of funding will be the
Equipment Replacement Fund account (410-00-000-0000.8015).
Attachments:
Attachment 1 - Contract #031721-MBI Proposal
Resolution R-196-21
MEMORANDUM
Page 1 of 4
CONSENT AGENDA #3.
Attachment 1 Page 2 of 4
1
CITY OF DES PLAINES
RESOLUTION R - 196 - 21
A RESOLUTION AUTHORIZING THE PURCHASE OF A
MORBARK WOOD CHIPPER FROM ALEXANDER
EQUIPMENT COMPANY THROUGH SOURCEWELL.
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 sufficient funds in the Equipment Replacement Fund for use by
the Public Works and Engineering Department during the 2022 fiscal year for the purchase of a
wood chipper to improve redundancy in operations; and
WHEREAS, after a review of the City’s current equipment available, Staff determined
that the Morbark Eeger Beever 2131-SA trailer mounted wood chipper ("Equipment") satisfies
the City’s specifications and will best address the City’s needs; and
WHEREAS, the City is a member of Sourcewell, formerly National Joint Powers Alliance,
("Sourcewell") a public agency that provides cooperative purchasing solutions for government
and educational agencies; and
WHEREAS, Sourcewell has identified Alexander Equipment ("Vendor") as a qualified
bidder and awarded Contract #031721-MBI to the Vendor for the purchase of the Equipment; and
WHEREAS, City staff has determined that Sourcewell’s purchasing policies satisfy the
City's competitive bidding requirements; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
authorize the purchase the Equipment from Vendor in accordance with Sourcewell Contract
#031721-MBI in the not-to-exceed amount of $95,961.06;
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 PURCHASE. The City Council hereby approves the
purchase of the Equipment from Vendor in a total not-to-exceed amount of $95,961.06, in
accordance with Sourcewell Contract #031721-MBI.
SECTION 3: AUTHORIZATION OF PURCHASE. The City Manager is hereby
authorized and directed to execute such documents approved by the General Counsel and to make
Page 3 of 4
2
such payments, on behalf of the City, as are necessary to complete the purchase of the
Equipment from Vendor in a total not-to-exceed amount of $95,961.06 in accordance with
Sourcewell Contract #031721-MBI.
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 _________________, 2021.
APPROVED this ___ day of ____________________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Purchase of a Wood Chipper thru Sourcewell from Alexander Equipment
Page 4 of 4
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1111 Joseph J. Schwab Road
Des Plaines, IL 60016
P: 847.391.5464
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Timothy Watkins, Assistant Director of Public Works and Engineering
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering
Subject: Architectural Design Services – Fire Station 61
Issue: The 2022 budget includes funding for the remodeling of Fire Station 61.
Analysis: Fire Station 61 currently houses both the Fire Department’s administrative staff and the
shift personnel. The layout of the current building is not functional and many of the appurtenances
needs replacement. Since Fire administration is relocating to City Hall, this allows us to reconfigure
the space and upgrade the facility.
FGM has provided the City with Task Order #9 for architectural design services of Fire Station 61 in
the amount of $53,600 plus $500 for reimbursable expenses for a total of $54,100. Construction of
this project would not take place until 2022.
Recommendation: We recommend approval of Task Order No. 9 with FGM Architects Inc., 1211
West 22nd Street, Oakbrook, IL in the amount of $54,100. Source of funding would be the Facilities
Replacement Fund.
Attachments:
Resolution R-197-21
Exhibit A – Task Order No. 9
MEMORANDUM
Page 1 of 11
CONSENT AGENDA #4.
1
CITY OF DES PLAINES
RESOLUTION R - 197 - 21
A RESOLUTION APPROVING TASK ORDER NO. 9 WITH
FGM ARCHITECTS, INC. FOR ARCHITECTURAL
DESIGN SERVICES FOR THE REMODELING OF FIRE
STATION 61.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City
to contract with individuals, associations, and corporations in any manner not prohibited by law
or ordinance; and
WHEREAS, on June 17, 2019, the City Council approved Resolution R-116-19, which
authorized the City to enter into a master contract ("Master Contract") with FGM Architects Inc.
("Consultant") to perform certain architectural services for the City as such services are needed
over time; and
WHEREAS, the City has appropriated funds in the Facilities Replacement Fund for use
by the Department of Public Works and Engineering during the 2021 fiscal year for the
architectural design services for the remodeling of Fire Station 61 ("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
is not adapted to award by competitive bidding because the Services require a high level of
professional skill and judgment; and
WHEREAS, the City has a positive existing relationship with the Consultant, which has
satisfactorily performed Services for the City in the past; and
WHEREAS, the City requested a proposal from Consultant to perform the Services; and
WHEREAS, Consultant submitted a proposal for the performance of the Services in the
amount of $53,600 plus $500 for reimbursable expenses for a total not-to-exceed amount of
$54,100; and
WHEREAS, the City desires to enter into Task Order No. 9 under the Master Contract
with Consultant for the performance of Services in the total not-to-exceed amount of $54,100
("Task Order No. 9"); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into Task Order No. 9 with Consultant;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
Page 2 of 11
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 TASK ORDER NO. 9. The City Council hereby
approves Task Order No. 9 in substantially the form attached to this Resolution as Exhibit A, and
in a final form to be approved by the General Counsel.
SECTION 4: AUTHORIZATION TO EXECUTE TASK ORDER NO. 9. The City
Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on
behalf of the City, the final Task Order No. 9.
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 __________________, 2021.
APPROVED this _____ day of _________________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Task Order No 9 with FGM Architects for Design Services for Fire Station 61 Remodel
Page 3 of 11
City of Des Plaines Professional Services Master Contract
Professional Architectural Services
-1-
ATTACHMENT A
TASK ORDER 9
In accordance with Section 1.2 of the Master Contract dated June 19, 2019
between the City of Des Plaines (the “City”) and FGM Architects (the “Consultant”), the Parties
agree to the following Task Number 9:
1.Contracted Services:
Interior renovation of fire station 61 locker rooms, per FGM proposal dated October, 07, 2021
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Project Schedule (attach schedule if appropriate):
The project is anticipated to begin October 28, 2021..
3. Project Completion Date:
All contracted services are anticipated to be completed within 3 months of services
commencing.
4. Project Specific Pricing (if applicable):
The total fee is $53,600 plus $500 in reimbursable expenses for a total of $54,100.
5. Additional Changes to the Master Contract (if applicable):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
[signature page follows]
Exhibit A Page 4 of 11
City of Des Plaines Professional Services Master Contract
Professional Architectural Services
-2-
CITY CONSULTANT
_______________________________ __________________________________
Signature Signature
Director of Public Works Andrew J. Jasek, Executive Vice President
And Engineering Name (Printed or Typed)
__________________________________
Signature
Raymond K. Lee, Vice President
Name (Printed or Typed)
____________________, 20____ October 7, 2021
Date Date
If greater than, $[2,500], the City Manager’s signature is required.
______________________________________
Signature
City Manager
____________________, 20____
Date
If compensation greater than $[20,000], then the City Council must approve the Services Change
Order in advance and the City Manager or Mayor’s signature is required.
_______________________________________
Signature
City Manager
____________________, 20____
Date
Exhibit A Page 5 of 11
WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
Proposal for
Architectural Services
for
Implementation of Fire Station 61 Interior Renovations Locker Rooms
Des Plaines, Illinois
Submitted to:
CITY OF DES PLAINES
1420 Miner Street
Des Plaines, Illinois 60016
By:
FGM ARCHITECTS INC.
1211 West 22nd Street, Suite 700
Oak Brook, IL 60523
October 7th, 2021
Exhibit A Page 6 of 11
2 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
1.0 SCOPE OF PROJECT
We understand that the City of Des Plaines intends to relocate fire department’s administrative
offices. When the offices are relocated to the city hall, this provides space for improving locker
rooms, living quarters areas, and overall accessibility.
The scope of services to be provided include architect/engineering services for the design and
construction of the proposed Fire Department Remodel, include architecture, mechanical, electrical,
plumbing, and fire protection. The City will provide, under separate contract, civil engineering and
surveying as required, which FGM will coordinate.
1.0.1 The City of Des Plaines, hereinafter referred to as the City or the Owner, intends to
renovate the existing locker rooms and living quarters of fire station 61.
1.0.2 The project is anticipated to begin in October 2021. It is anticipated that construction
will begin in the Late Spring of 2022.
1.0.3 This project will not be a LEED Certified project.
2.0 SCOPE OF ARCHITECT'S SERVICES – INTERIOR RENOVATION OF FIRE STATION 61 -LOCKER
ROOMS
FGM Architects Inc., hereinafter referred to as FGMA or Architect, shall provide the following
professional Architectural services for the Project:
2.1 Schematic Design Phase
2.1.1 Architectural and Engineering Schematic Design Phase services for the interior
renovations including floor plans, reflected ceiling plans and interior design
2.1.2 FGMA will develop a Schematic Design cost estimate to be prepared at the end of the
phase.
2.2 Design Development Phase
2.2.1 Upon approval of the Schematic Design, FGMA shall proceed into the Design
Development Phase for the addition. This will include Design Development site design,
plans, building interior elevations, details, preliminary engineering designs for
mechanical, electrical, plumbing, and fire protection systems, and outline specifications.
At the end of this phase, the drawings and other documents will fix and describe the size
and character of the scope of work.
2.2.2 Building wayfinding signage and graphics are included as part of the design work.
2.2.3 FGMA will provide space planning general office furniture locations and coordinate
utility requirements, including low voltage cabling and power.
2.2.4 Meetings with the City for their review process are included in this phase.
2.2.5 FGMA will develop a Design Development cost estimate at the end of the phase.
Exhibit A Page 7 of 11
3 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
2.3 Construction Document Phase
2.3.1 Upon approval of the Design Development Phase, FGMA shall prepare complete
Construction Documents for the Project. The Construction Documents shall consist of
complete Contract Drawings, Specifications, and other necessary documents as required
to secure a building permit for the Project and proceed with the Bidding and
Negotiation Phase for the Project. We have assumed the project will be bid in one
phase and not in multiple packages at different times.
2.3.2 Contract Documents prepared by FGMA shall include Architectural, Mechanical,
Electrical, Plumbing, and Fire Protection design services.
2.3.3 Bidding and contract legal requirements will be provided by the City.
2.3.4 FGMA will develop a cost estimate at 95% completion of the Construction Documents.
2.3.5 FGMA shall assist the Owner in filing the required documents for approval of municipal
and state authorities having jurisdiction over the project.
2.4 Bidding and Negotiation Phase- Not included -Hourly as Requested Additional Service
2.4.1 FGMA shall assist the Owner in soliciting and reviewing bids from Contractors as
required. FGMA will provide bidding documents to a third-party reprographics company
to distribute the documents or as directed by the city.
2.4.2 Attend Pre-Bid meeting.
2.4.3 Respond to questions and provide clarifications to bidders, and issue Addenda as
required for issuance to bidders.
2.4.4 Attend Bid Opening.
2.4.5 Assist City in Bid evaluation. Meet with low bidders as required to review bids as
requested.
2.4.8 Incorporate all Addenda and adjustments to the contract documents to create an “Issue
for Construction” set.
2.5 Contract Administration Services- Not included -Hourly as Requested Additional Service
2.5.1 FGMA shall assist with the administration of construction contracts including shop
drawing and other submittal review as required (up to 2 reviews of each shop drawing &
submittal included), and review of payment applications.
2.5.2 Attend an average of one On-Site Owner/Architect/Contractor (OAC) meetings in
combination with On-Site Observation visit every other week to monitor Construction
Phase activities for general conformance with Construction Documents. FGMA will also
prepare and distribute reports of site observations.
2.5.3 Participate in pre-construction and pre-installation meetings as required.
2.5.4 Provide assistance to the Contractor during initial start-up, testing, adjustment,
balancing and commissioning of the building systems.
2.5.5 Building mechanical system commissioning as required by building code can be provided
as an optional service.
2.5.6 Prepare Punch-List and related follow-up of same. We have included two (2) meetings
Exhibit A Page 8 of 11
4 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
for preparation of punch-list and two (2) punch-list follow up meetings.
2.6 Project Closeout Phase
2.6.1 FGMA shall provide to the Owner a set of record documents including the final set of
construction documents and specifications incorporating field sketches and notes issued
to the Contractor during the construction phase. FGM will provide electronic copies in
pdf format.
2.6.3 Provide assistance to the Owner for warranty issues as required.
2.6.4 Conduct a post-construction 10 month walk-thru with the Owner and Construction
Manager to review building for warranty items.
2.7 Consultants
2.7.1 FGMA has included in our fee the services of the following consultants:
.1 Structural Engineering
.2 MEPFP Engineering
FGMA will provide interior design services in-house.
2.7.2 Geotechnical explorations, material testing, environmental engineering, hazardous
waste engineering, and traffic engineering services are not included in our proposal.
2.7.3 Civil Engineering and Surveying are not included in our proposal.
3.0 ARCHITECT'S COMPENSATION
The City of Des Plaines shall compensate FGM Architects for professional Architectural services
rendered in connection with the Project under this Proposal as follows:
3.1 For all professional services in connection with the Design Services as described in Section 2.0
above we propose the following Lump Sum Fees for each project:
3.1.1 Interior Renovation of Station 61 $53,600.00
3.2 In addition to the compensation above, FGMA shall be reimbursed for additional expenses in
connection with the Project, invoiced to the Owner at One Hundred Ten Percent (1.10) times
Architect’s actual direct cost of same, for the below items. We recommend establishing a
Reimbursable Allowance of $500, which FGMA shall not exceed without prior written approval
of the City. Reimbursable Allowance includes costs for items 3.2.1 and 3.2.2 below.
3.2.1 Expense of postage and/or delivery.
3.2.2 Expense of printing
Local travel (travel less than 100 miles), phone, fax, and printing of review documents shall not
be charged as a Reimbursable Expense.
3.3 For any Additional Services authorized by the City beyond the scope of this Proposal, FGM shall
Exhibit A Page 9 of 11
5 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
be compensated on the basis of the hourly rates described in the attached Hourly Rate Schedule
for the professional and technical employees engaged on the Project plus Reimbursable
Expenses.
3.4 The terms of this Proposal are based upon services commencing within 30 days and all services
being completed within 4 months thereafter.
4.0 Form of Agreement
Contract Form: The contractual agreement will be in the form of a task order to the Master
Contract Between the City of Des Plaines and FGM Architects Inc. dated June 18, 2019.
If you have any questions regarding this proposal, please do not hesitate to contact us. We appreciate
the opportunity to be of service to the City of Des Plaines for this project.
Sincerely,
FGM ARCHITECTS INC.
Raymond K. Lee | Principal Andrew J. Jasek | Executive Vice President
Phone: 630.574.8711 Phone: 630.574.8709
RayL@fgmarchitects.com AndyJ@fgmarchitects.com
Exhibit A Page 10 of 11
6 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
HOURLY RATE SCHEDULE
Effective February 1, 2021*
Where the fee arrangements are to be on an hourly basis, the rates shall be those that prevail at the
time services are rendered. Current rates are as follows:
FGM Architects
Principal $250.00
Arch IV $220.00
Arch III $175.00
Arch II $145.00
Arch I $105.00
Interior Designer IV $215.00
Interior Designer III $170.00
Interior Designer II $145.00
Interior Designer I $100.00
Landscape Architect $180.00
Project Administrator $100.00
*Hourly rates are subject to adjustment on November 1 each year.
Exhibit A Page 11 of 11
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1111 Joseph J. Schwab Road
Des Plaines, IL 60016
P: 847.391.5464
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Timothy Watkins, Assistant Director of Public Works and Engineering
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering
Subject: Architectural Design Services – City Hall/Police Station Lobby
Issue: The 2022 budget includes funding for the remodeling of the existing Police Station which
includes connecting the lobbies of the Police Station to City Hall.
Analysis: The Civic Center Refurbishment project includes connecting the lobby of City Hall to the
lobby of the Police Station. Connecting the two buildings will allow for improved customer service
by having Police Records and Finance on the first floor and access to both without leaving the
building.
FGM has provided the City with Task Order #10 for architectural design services of the Civic Center
Lobby in the amount of $46,345 plus $500 for reimbursable expenses for a total of $46,845.
Construction of this project would not take place until 2022.
Recommendation: We recommend approval of Task Order No. 10 with FGM Architects Inc., 1211
West 22nd Street, Oakbrook, IL in the amount of $46,845. Source of funding would be the Facilities
Replacement Fund.
Attachments:
Resolution R-198-21
Exhibit A – Task Order No. 10
MEMORANDUM
Page 1 of 11
CONSENT AGENDA #5.
1
CITY OF DES PLAINES
RESOLUTION R - 198 - 21
A RESOLUTION APPROVING TASK ORDER NO. 10 WITH
FGM ARCHITECTS INC. FOR ARCHITECTURAL
DESIGN SERVICES FOR THE REMODELING OF CITY
HALL AND POLICE STATION LOBBIES.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City
to contract with individuals, associations, and corporations in any manner not prohibited by law
or ordinance; and
WHEREAS, on June 17, 2019, the City Council approved Resolution R-116-19, which
authorized the City to enter into a master contract ("Master Contract") with FGM Architects Inc.
("Consultant") to perform certain architectural services for the City as such services are needed
over time; and
WHEREAS, the City has appropriated funds in the Facilities Replacement Fund for use
by the Department of Public Works and Engineering during the 2021 fiscal year for the
architectural design services for the remodeling of the City Hall and Police Department Lobby
("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
is not adapted to award by competitive bidding because the Services require a high level of
professional skill and judgment; and
WHEREAS, the City has a positive existing relationship with the Consultant, which has
satisfactorily performed Services for the City in the past; and
WHEREAS, the City requested a proposal from Consultant to perform the Services; and
WHEREAS, Consultant submitted a proposal for the performance of the Services in the
amount of $46,345 plus $500 for reimbursable expenses for a total not-to-exceed amount of
$46,845; and
WHEREAS, the City desires to enter into Task Order No. 10 under the Master Contract
with Consultant for the performance of Services in the total not-to-exceed amount of $46,845
("Task Order No. 10"); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into Task Order No. 10 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 11
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 TASK ORDER NO. 10. The City Council hereby
approves Task Order No. 10 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 TASK ORDER NO. 10. The City
Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on
behalf of the City, the final Task Order No. 10.
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 __________________, 2021.
APPROVED this _____ day of _________________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Task Order No 10 with FGM Architects for Design Services for Lobby Remodel
Page 3 of 11
City of Des Plaines Professional Services Master Contract
Professional Architectural Services
-1-
ATTACHMENT A
TASK ORDER 10
In accordance with Section 1.2 of the Master Contract dated June 19, 2019
between the City of Des Plaines (the “City”) and FGM Architects (the “Consultant”), the Parties
agree to the following Task Number 10:
1.Contracted Services:
Enclosure of covered walkway between City hall and Police, per FGM proposal dated October,
07, 2021
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2. Project Schedule (attach schedule if appropriate):
The project is anticipated to begin October 28, 2021..
3. Project Completion Date:
All contracted services are anticipated to be completed within 3 months of services
commencing.
4. Project Specific Pricing (if applicable):
The total fee is $46,345 plus $500 in reimbursable expenses for a total of $46,845.
5. Additional Changes to the Master Contract (if applicable):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
[signature page follows]
Exhibit A Page 4 of 11
City of Des Plaines Professional Services Master Contract
Professional Architectural Services
-2-
CITY CONSULTANT
_______________________________ __________________________________
Signature Signature
Director of Public Works Andrew J. Jasek, Executive Vice President
And Engineering Name (Printed or Typed)
__________________________________
Signature
Raymond K. Lee, Vice President
Name (Printed or Typed)
____________________, 20____ October 7, 2021
Date Date
If greater than, $[2,500], the City Manager’s signature is required.
______________________________________
Signature
City Manager
____________________, 20____
Date
If compensation greater than $[20,000], then the City Council must approve the Services Change
Order in advance and the City Manager or Mayor’s signature is required.
_______________________________________
Signature
City Manager
____________________, 20____
Date
Exhibit A Page 5 of 11
WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
Proposal for
Architectural Services
for
Implementation of City Hall and Police Walkway Enclosure
Des Plaines, Illinois
Submitted to:
CITY OF DES PLAINES
1420 Miner Street
Des Plaines, Illinois 60016
By:
FGM ARCHITECTS INC.
1211 West 22nd Street, Suite 700
Oak Brook, IL 60523
October 7th, 2021
Exhibit A Page 6 of 11
2 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
1.0 SCOPE OF PROJECT
We understand that the City of Des Plaines intends to build an addition between the city hall and
police station to form a common entry, lobby, and reception area for both buildings. This is
envisioned as a one-story enclosure of the existing covered walkway connecting the two buildings.
The first floor will also include police department reception, common toilet rooms, report writing
rooms and potentially a community development service window.
The scope of services to be provided include architect/engineering services for the design and
construction of the proposed Fire Department Remodel, include architecture, structural, landscape,
mechanical, electrical, plumbing, fire protection, low voltage infrastructure, security, and audio-
visual system designs. The City will provide, under separate contract, civil engineering and surveying
as required, which FGM will coordinate.
1.0.1 The City of Des Plaines, hereinafter referred to as the City or the Owner, intends to
renovate enclose the existing walkway connecting City Hall and the Police Station.
1.0.2 The project is anticipated to begin in October 2021. It is anticipated that construction
will begin in the Late Spring of 2022.
1.0.3 This project will not be a LEED Certified project.
2.0 SCOPE OF ARCHITECT'S SERVICES – ENCLOSURE OF EXISTING COVERED WALKWAY
FGM Architects Inc., hereinafter referred to as FGMA or Architect, shall provide the following
professional Architectural services for the Project:
2.1 Schematic Design Phase
2.1.1 Architectural and Engineering Schematic Design Phase services for the interior
renovations including floor plans, reflected ceiling plans and interior design
2.1.2 FGMA will assist the Owner in soliciting geotechnical testing proposals and civil
engineering & surveying proposals.
2.1.3 FGMA will develop a Schematic Design cost estimate to be prepared at the end of the
phase.
2.2 Design Development Phase
2.2.1 Upon approval of the Schematic Design, FGMA shall proceed into the Design
Development Phase for the addition. This will include Design Development site design,
plans, building elevations, details, preliminary engineering designs for mechanical,
electrical, plumbing, and fire protection systems, and outline specifications. At the end
of this phase, the drawings and other documents will fix and describe the size and
character of the scope of work.
2.2.2 Design Development work will also include low voltage infrastructure, security, and
audio-visual system design.
2.2.3 Building wayfinding signage and graphics are included as part of the design work.
2.2.4 FGMA will provide space planning general office furniture locations and coordinate
Exhibit A Page 7 of 11
3 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
utility requirements, including low voltage cabling and power.
2.2.5 Meetings with the City for their review process are included in this phase.
2.2.7 FGMA will develop a Design Development cost estimate at the end of the phase.
2.3 Construction Document Phase
2.3.1 Upon approval of the Design Development Phase, FGMA shall prepare complete
Construction Documents for the Project. The Construction Documents shall consist of
complete Contract Drawings, Specifications, and other necessary documents as required
to secure a building permit for the Project and proceed with the Bidding and
Negotiation Phase for the Project. We have assumed the project will be bid in one
phase and not in multiple packages at different times.
2.3.2 Contract Documents prepared by FGMA shall include Architectural, Structural,
Landscape, Mechanical, Electrical, Plumbing, and Fire Protection design services.
2.3.3 Bidding and contract legal requirements will be provided by the City.
2.3.4 FGMA will develop a cost estimate at 95% completion of the Construction Documents.
2.3.5 FGMA shall assist the Owner in filing the required documents for approval of municipal
and state authorities having jurisdiction over the project.
2.4 Bidding and Negotiation Phase- Not included -Hourly as Requested Additional Service
2.4.1 FGMA shall assist the Owner in soliciting and reviewing bids from Contractors as
required. FGMA will provide bidding documents to a third-party reprographics company
to distribute the documents or as directed by the city.
2.4.2 Attend Pre-Bid meeting.
2.4.3 Respond to questions and provide clarifications to bidders, and issue Addenda as
required for issuance to bidders.
2.4.4 Attend Bid Opening.
2.4.5 Assist City in Bid evaluation. Meet with low bidders as required to review bids as
requested.
2.4.8 Incorporate all Addenda and adjustments to the contract documents to create an “Issue
for Construction” set.
2.5 Contract Administration Services- Not included -Hourly as Requested Additional Service
2.5.1 FGMA shall assist with the administration of construction contracts including shop
drawing and other submittal review as required (up to 2 reviews of each shop drawing &
submittal included), and review of payment applications.
2.5.2 Attend an average of one On-Site Owner/Architect/Contractor (OAC) meetings in
combination with On-Site Observation visit every other week to monitor Construction
Phase activities for general conformance with Construction Documents. FGMA will also
prepare and distribute reports of site observations.
2.5.3 Participate in pre-construction and pre-installation meetings as required.
2.5.4 Provide assistance to the Contractor during initial start-up, testing, adjustment,
Exhibit A Page 8 of 11
4 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
balancing and commissioning of the building systems.
2.5.5 Building mechanical system commissioning as required by building code can be provided
as an optional service.
2.5.6 Prepare Punch-List and related follow-up of same. We have included two (2) meetings
for preparation of punch-list and two (2) punch-list follow up meetings.
2.6 Project Closeout Phase
2.6.1 FGMA shall provide to the Owner a set of record documents including the final set of
construction documents and specifications incorporating field sketches and notes issued
to the Contractor during the construction phase. FGM will provide electronic copies in
pdf format.
2.6.3 Provide assistance to the Owner for warranty issues as required.
2.6.4 Conduct a post-construction 10 month walk-thru with the Owner and Construction
Manager to review building for warranty items.
2.7 Consultants
2.7.1 FGMA has included in our fee the services of the following consultants:
.1 Structural Engineering
.2 MEPFP Engineering
FGMA will provide interior design services in-house.
2.7.2 Geotechnical explorations, material testing, environmental engineering, hazardous
waste engineering, and traffic engineering services are not included in our proposal.
2.7.3 Civil Engineering and Surveying are not included in our proposal.
3.0 ARCHITECT'S COMPENSATION
The City of Des Plaines shall compensate FGM Architects for professional Architectural services
rendered in connection with the Project under this Proposal as follows:
3.1 For all professional services in connection with the Design Services as described in Section 2.0
above we propose the following Lump Sum Fees for each project:
3.1.1 Enclosure of existing covered walkway and interior addition $46,345.00
3.2 In addition to the compensation above, FGMA shall be reimbursed for additional expenses in
connection with the Project, invoiced to the Owner at One Hundred Ten Percent (1.10) times
Architect’s actual direct cost of same, for the below items. We recommend establishing a
Reimbursable Allowance of $500, which FGMA shall not exceed without prior written approval
of the City. Reimbursable Allowance includes costs for items 3.2.1 and 3.2.2 below.
3.2.1 Expense of postage and/or delivery.
3.2.2 Expense of printing
Exhibit A Page 9 of 11
5 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
Local travel (travel less than 100 miles), phone, fax, and printing of review documents shall not
be charged as a Reimbursable Expense.
3.3 For any Additional Services authorized by the City beyond the scope of this Proposal, FGM shall
be compensated on the basis of the hourly rates described in the attached Hourly Rate Schedule
for the professional and technical employees engaged on the Project plus Reimbursable
Expenses.
3.4 The terms of this Proposal are based upon services commencing within 30 days and all services
being completed within 4 months thereafter.
4.0 Form of Agreement
Contract Form: The contractual agreement will be in the form of a task order to the Master
Contract Between the City of Des Plaines and FGM Architects Inc. dated June 18, 2019.
If you have any questions regarding this proposal, please do not hesitate to contact us. We appreciate
the opportunity to be of service to the City of Des Plaines for this project.
Sincerely,
FGM ARCHITECTS INC.
Raymond K. Lee | Principal Andrew J. Jasek | Executive Vice President
Phone: 630.574.8711 Phone: 630.574.8709
RayL@fgmarchitects.com AndyJ@fgmarchitects.com
Exhibit A Page 10 of 11
6 of 6 WE BUILD COMMUNITY
FGM Architects Inc. | An Employee-Owned Firm
Chicago • St. Louis • Austin • Milwaukee
HOURLY RATE SCHEDULE
Effective February 1, 2021*
Where the fee arrangements are to be on an hourly basis, the rates shall be those that prevail at the
time services are rendered. Current rates are as follows:
FGM Architects
Principal $250.00
Arch IV $220.00
Arch III $175.00
Arch II $145.00
Arch I $105.00
Interior Designer IV $215.00
Interior Designer III $170.00
Interior Designer II $145.00
Interior Designer I $100.00
Landscape Architect $180.00
Project Administrator $100.00
*Hourly rates are subject to adjustment on November 1 each year.
Exhibit A Page 11 of 11
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1111 Joseph J. Schwab Road
Des Plaines, IL 60016
P: 847-391-5464
desplaines.org
Date: November 23, 2021
To: Mike Bartholomew, MCP, LEED-AP, City Manager
From: Robert Greenfield, Superintendent of Utility Services
Cc: Timothy Watkins, Assistant Director of Public Works and Engineering
Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering
Subject: Manhard Consulting Ltd., Professional Services Master Contract
Issue: The Public Works and Engineering Department requests a new three-year Master Contract with
Manhard Consulting, Ltd. for professional engineering services. The current contract has expired.
Analysis: The Master Contract allows the City to enter into professional service Task Order agreements with
the consultant to perform a variety of engineering services. The Task Order agreements are presented individually
for approval.
Manhard Consulting Ltd. is a regional full service engineering firm specializing in environmental compliance.
They have experience assisting municipalities in administering the the National Pollutant Discharge
Elimination System (NPDES) rules and working with the IEPA on compliance. Manhard has successfully
performed work for the City on previous projects. In addition, they have been consultant to many neighboring
communities and is well respected in the region for providing excellent support for engineering services.
Recommendation: We recommend the approval of a new Professional Services Master Contract between
the City of Des Plaines and Manhard Consultants Ltd., One Overlook Point, Lincolnshire, IL, 60069.
Attachments:
Resolution R-199-21
Exhibit A – Master Agreement
MEMORANDUM
Page 1 of 27
CONSENT AGENDA #6.
1
CITY OF DES PLAINES
RESOLUTION R - 199 - 21
A RESOLUTION APPROVING A MASTER CONTRACT
WITH MANHARD CONSULTING, LTD. 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, the City desires to retain an engineering firm to perform certain engineering
services and work for the City as such services are needed over time ("Engineering Services");
and
WHEREAS, Manhard Consulting, Ltd. ("Contractor") has performed Engineering
Services for the City in the past to the City's satisfaction; and
WHEREAS, the City desires to enter into a master contract with Contractor to perform
the Engineering Services as required by the City ("Master Contract") pursuant to task orders that
will be issued and approved by the City in accordance with the City’s purchasing policies and
Master Contract; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Master Contract with Contractor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: APPROVAL OF MASTER CONTRACT. The City Council hereby
approves the Master Contract 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 MASTER CONTRACT. The City
Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on
behalf of the City, the final Master Contract.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
Page 2 of 27
2
PASSED this ____ day of __________________, 2021.
APPROVED this _____ day of ______________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Master Contract with Manhard Consulting
Page 3 of 27
Master Contract
Between the City of Des Plaines
And Manhard Consulting, Ltd.
For Professional Engineering Services
Exhibit A Page 4 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
i
Master Contract
Between the City of Des Plaines
And Manhard Consulting, Ltd.
For Professional Architectural/Engineering Services
TABLE OF CONTENTS
Page
ARTICLE 1. THE SERVICES ........................................................................................................1
1.1 Intent; Conflicts. ......................................................................................................1
1.2 Task Orders. .............................................................................................................1
1.3 Project Time. ............................................................................................................1
1.4 Term; Extensions. ....................................................................................................1
1.5 No Guarantee of Work; Other Contracts. ................................................................1
1.6 Responsibility of Consultant to Perform..................................................................1
1.7 Financial Ability to Perform. ...................................................................................2
ARTICLE 2. COMPENSATION AND PAYMENT ......................................................................2
2.1 Pricing Schedule. .....................................................................................................2
2.2 Monthly Payment; Invoices. ....................................................................................2
2.3 Taxes. .......................................................................................................................2
2.4 Final Payment. .........................................................................................................3
2.5 Deductions. ..............................................................................................................3
2.6 Use of Deducted Funds. ...........................................................................................3
2.7 Keeping Books and Accounts. .................................................................................3
ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES ................................................4
3.1 Standard of Performance..........................................................................................4
3.2 Correction of Defects. ..............................................................................................4
3.3 Risk of Loss. ............................................................................................................4
3.4 Opinions of Probable Cost. ......................................................................................4
3.5 Responsibility for Work by Contractors. .................................................................4
3.6 City Responsibilities. ...............................................................................................5
3.7 Time of the Essence. ................................................................................................6
Exhibit A Page 5 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
ii
3.8 Suspension of Services, Project. ..............................................................................6
ARTICLE 4. TASK CHANGE ORDERS; DELAYS .....................................................................6
4.1 Task Change Orders. ................................................................................................6
4.2 Revision Notices. .....................................................................................................6
4.3 Disagreements over Task Change Order Terms. .....................................................6
4.4 No Change in Absence of Task Change Order. .......................................................6
4.5 Delays. .....................................................................................................................7
ARTICLE 5. INSURANCE .............................................................................................................7
5.1 Insurance. .................................................................................................................7
5.2 Scope of Coverage. ..................................................................................................7
5.3 Minimum Limits of Coverage. ................................................................................7
5.4 Deductibles and Self-Insured Retentions. ................................................................8
5.5 Additional Requirements. ........................................................................................8
5.6 Verification of Coverage..........................................................................................9
5.7 Sub-Consultants and Suppliers. ...............................................................................9
ARTICLE 6. INDEMNIFICATION ................................................................................................9
6.1 Agreement to Indemnify. .........................................................................................9
6.2 Notice of Claim to Consultant. ..............................................................................10
6.3 No Limit Based on Insurance. ...............................................................................10
6.4 Withholding Payment. ...........................................................................................10
6.5 Limit on Duty to Indemnify. ..................................................................................10
ARTICLE 7. INFORMAL DISPUTE RESOLUTION .................................................................10
7.1 Dispute Resolution Panel. ......................................................................................10
7.2 Communications in Nature of Settlement. .............................................................10
7.3 Performance of Services. .......................................................................................10
ARTICLE 8. TERMINATION ......................................................................................................10
8.1 Master Contract is At-Will.....................................................................................10
8.2 Termination by City for Breach. ............................................................................11
8.3 City Remedies. .......................................................................................................11
8.4 Termination for Convenience. ...............................................................................11
8.5 Termination by Consultant for Breach. .................................................................11
8.6 Termination by Consultant without Cause. ...........................................................11
Exhibit A Page 6 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
iii
ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .......................12
9.1 Consultant as Independent Consultant. ..................................................................12
9.2 Compliance with Laws; Communications with Regulators. ..................................12
9.3 Consultant Payments; Waivers of Liens. ...............................................................12
9.4 Permits and Licenses..............................................................................................12
9.5 Safety; Hazardous Materials. .................................................................................12
9.6 Intellectual Property. ..............................................................................................12
9.7 Confidential Information. ......................................................................................13
9.8 Ownership of Data and Documents. ......................................................................13
9.9 Copyrights and Patents. .........................................................................................13
9.10 Notices. ..................................................................................................................13
9.11 No Waiver by City. ................................................................................................14
9.12 No Third-Party Beneficiaries. ................................................................................14
9.13 Survival of Terms. .................................................................................................14
9.14 Assignments. ..........................................................................................................14
9.15 Amendments. .........................................................................................................14
9.16 Governing Law. .....................................................................................................14
9.17 Compliance with Laws, Grant Regulations. ..........................................................14
9.18 Representation of No Conflicts. .............................................................................15
9.19 No Collusion. .........................................................................................................15
Exhibit A Page 7 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-1-
Master Contract
Between The City of Des Plaines
And Manhard Consulting, Ltd.
For Professional Architectural/Engineering Services
This contract (the “Master Contract”) is dated as of December 6, 2021 (the “Effective
Date”) and is by and between the City of Des Plaines (the “City”) and Manhard Consulting, Ltd.
(the “Consultant”).
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
ARTICLE 1. THE SERVICES
1.1 Intent; Conflicts. It is the intent of the parties that this Master Contract govern the
relationship of the parties. Specific terms related to a project will be contained in a task order as
provided in Section 1.2. In the event of a conflict between the provisions of this Master Contract
and any task order, then provisions of this Master Contract will apply and control.
1.2 Task Orders. The Consultant will perform services for the City from time to time
as set forth in written task orders issued by the City on a project-by-project basis (the “Services”),
provided, however, that any task order in an amount exceeding $20,000 must be approved by the
City Council. A task order will be in the form generally as provided in Attachment A attached to
and by this reference incorporated into this Master Contract (a “Task Order”) and in final form
acceptable to the City and executed by the Parties. Each Task Order will include the Services to
be performed under that Task Order (collectively a “Project”).
1.3 Project Time. Each Task Order will include a time schedule for the Project (a
“Project Schedule”) including without limitation a date for completion of the Project (the “Project
Completion Date”).
1.4 Term; Extensions. This Master Contract commences on the Effective Date and
terminates on December 31, 2024 unless terminated earlier pursuant to Article 8 of this Master
Contract (the “Term”). All terms of this Master Contract, including without limitation pricing
terms, are firm during the Term, unless a change is explicitly agreed to by the City in a Task Order.
The Parties may extend this Contract for two additional one-year periods (each an “Extended
Term”). Pricing terms may be adjusted by agreement at the beginning of an Extended Term.
1.5 No Guarantee of Work; Other Contracts. This Master Contract does not guarantee
that the Consultant will be awarded Projects by the City, and the City has no duty or obligation to
award Projects to the Consultant. Also, the City may enter into master contracts with other
consultants, pursuant to which the City may award work from time to time at the City’s discretion.
1.6 Responsibility of Consultant to Perform. The Consultant must provide all
personnel necessary to complete the Services. The Consultant must perform the Services with its
Exhibit A Page 8 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-2-
own personnel and under the management, supervision, and control of its own organization unless
otherwise approved by the City in writing. All sub-consultants and supplies used by the Consultant
in the performance of Services must be acceptable to, and approved in advance by, the City. The
City’s approval of any sub-consultant or supplier will not relieve the Consultant of full
responsibility and liability for the provision, performance, and completion of the Services in full
compliance with, and as required by or pursuant to, this Master Contract and the relevant Task
Order. All Services performed by any sub-consultant or supplier are subject to all of the provisions
of this Master Contract and the relevant Task Order in the same manner as if performed directly
by the Consultant. If any sub-consultant or supplier fails to properly perform any Services
undertaken by it in compliance with this Master Contract or the relevant Task Order, then the
Consultant, immediately on notice from the City, must remove that sub-consultant or supplier and
undertake the Services itself or replace the sub-consultant or supplier with a sub-consultant or
supplier acceptable to the City. The Consultant will have no claim for damages, for compensation
in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any
such removal or replacement.
1.7 Financial Ability to Perform. Each time when executing a Task Order, the
Consultant represents and declares that it is financially solvent, has the financial resources
necessary, has sufficient experience and competence, and has the necessary capital, facilities,
organization, and staff necessary to provide, perform, and complete the Project set forth in the
Task Order in full compliance with, and as required by or pursuant to, the Task Order and this
Master Contract.
ARTICLE 2. COMPENSATION AND PAYMENT
2.1 Pricing Schedule. As compensation for the performance of the Services
(“Compensation”), the City will pay the Consultant the amounts set forth in Attachment B attached
to and by this reference incorporated into this Master Contract (the “Pricing Schedule”). The
Parties may agree to different or additional pricing terms in a Task Order (“Project-Specific
Pricing”). Except for the Compensation and any Project-Specific Pricing, the City will have no
liability for any expenses or costs incurred by the Consultant.
2.2 Monthly Payment; Invoices. The Compensation for a Project will be paid in
monthly installments. The Consultant must submit to the City, on a monthly basis unless the
Parties agree in a Task Order to a different schedule, a written invoice for payment for completed
work. The City may specify the specific day of the month on or before which invoices must be
filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary
to reasonably establish the Consultant’s right to payment of the Compensation stated in the invoice.
In addition, each invoice must include (a) employee classifications, rates per hour, and hours
worked by each classification and, if the Project is to be performed in separate phases, for each
phase, (b) total amount billed in the current period and total amount billed to date and, if the Project
is to be performed in separate phases, for each phase, and (c) the estimated percent completion of
the Project and, if the Project is to be performed in separate phases, for each phase.
2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local
taxes of every kind and nature applicable to the services provided by the Consultant and all taxes,
Exhibit A Page 9 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-3-
contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to
claim additional compensation by reason of the payment of any such tax, contribution, premium,
costs, royalties, or fees.
2.4 Final Payment. A Project, or a phase of a Project, will be considered complete on
the date of final written acceptance by the City of the Services or the relevant phase of the Services.
Services related to a submission of the Consultant will be deemed accepted by the City if the City
does not object to those Services in writing within 30 days after the submission by the Consultant
of an invoice for final acceptance and payment. The City will make final payment to the
Consultant within 30 days after final acceptance of the Services and any Project-Specific
Compensation, after deducting therefrom charges, if any, as provided in this Master Contract or
the relevant Task Order (“Final Payment”). The acceptance by the Consultant of Final Payment
will operate as a full and complete release of the City by the Consultant of and from any and all
lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the
Final Payment.
2.5 Deductions. Notwithstanding any other provision of this Master Contract, the City
may deduct and withhold from any payment or from Final Payment such amounts as may
reasonably appear necessary to compensate the City for any loss due to (1) Services that are
defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the
Consultant or the City made by any of the Consultant’s sub-consultants or suppliers or by other
persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of
the Services, (5) the cost to the City, including without limitation reasonable attorneys’ fees, of
correcting any of the matters stated in this Section or exercising any one or more of the City’s
remedies set forth in Section 8.3 of this Master Contract. The City will notify the Consultant in
writing given in accordance with Section 9.10 of this Master Contract of the City’s determination
to deduct and withhold funds, which notice will state with specificity the amount of, and reason or
reasons for, such deduction and withholding.
2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts
withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations
in question or has furnished security for that performance satisfactory to the City. The City will
be entitled to apply any money withheld or any other money due to the Consultant to reimburse
itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and
reasonable attorneys’ fees (collectively “Costs”) incurred, suffered, or sustained by the City and
chargeable to the Consultant under this Contract.
2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and
other records of all its billable charges and costs incurred in performing Services in accordance
with generally accepted accounting practices, consistently applied, and in such manner as to permit
verification of all entries. The Consultant must make all such material available for inspection by
the City, at the office of the Consultant during normal business hours during the Term and for a
period of three years after termination of this Master Contract. Copies of such material must be
furnished to the City at the City’s request and expense.
Exhibit A Page 10 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-4-
ARTICLE 3. PERFORMANCE OF PROJECT AND SERVICES
3.1 Standard of Performance. The Consultant must perform the Services in a manner
consistent with the degree of care and skill ordinarily exercised by members of the same profession
currently practicing under similar circumstances in the Chicago Metropolitan Region (the
“Standard of Performance”). All Services must be free from defects and flaws, must conform to
the requirements of this Master Contract and applicable Task Order, and must be performed in
accordance with the Standard of Performance. The Consultant is fully and solely responsible for
the quality, technical accuracy, completeness, and coordination of all Services, unless specifically
provided otherwise in a Task Order.
3.2 Correction of Defects. The Consultant must provide, for no additional
Compensation and at no separate expense to the City, all work required to correct any defects or
deficiencies in the performance of Services, regardless of whether the defect or deficiency relates
to the work of the Consultant or of the Consultant’s sub-consultants or suppliers, so long as that
notice of the defects is given by the City to the Consultant within two years after completion of
the Services.
3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The
Consultant is responsible for any and all damages to property or persons caused by any Consultant
error, omission, or negligent act and for any losses or costs to repair or remedy any work
undertaken by the City based on the Services as a result of any such error, omission, or negligent
act. Notwithstanding any other provision of this Master Contract or any Task Order, the
Consultant’s obligations under this Section 3.3 exist without regard to, and may not be construed
to be waived by, the availability or unavailability of any insurance, either of the City or the
Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs.
3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor
the City has control over the costs of labor, materials, equipment, or services furnished by others
or over competitive bidding, market or negotiating conditions, or construction contractors’
methods of determining their prices. Accordingly, any opinions of probable costs provided under
this Master Contract or a Task Order are considered to be estimates only, made on the basis of the
Consultant’s experience and qualifications, and those opinions represent the Consultant’s best
judgment as an experienced and qualified professional, familiar with the industry. The Consultant
does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by
the Consultant.
3.5 Responsibility for Work by Contractors. Except as provided in a Task Order, and
subject to the next sentence of this Section 3.5, the Consultant is not responsible for a contractor’s
construction means, methods, techniques, sequences or procedures, time of performance,
compliance with law, or safety precautions and programs, and the Consultant does not guarantee
the performance of a contractor. Nothing in the previous sentence may be construed or applied to
limit the responsibility of the Consultant to properly perform, or the liability of the Consultant for
failure to properly perform, all of the Services required by the Consultant under this Master
Contract or a Task Order, which Services may include contract and work oversight, inspections of
work performed by a contractor, contract compliance services, and similar services.
Exhibit A Page 11 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-5-
3.6 City Responsibilities. Except as provided in this Master Contract or in a Task
Order, the City, at its sole cost and expense, will have the following responsibilities:
(a) To designate a person with authority to act as the City’s representative on each
Project. In the absence of a written designation, the City’s representative will be the City’s
Director of Public Works and Engineering. The City’s representative will have the authority to
act on behalf of the City as provided in a Task Order, except on matters that require approval of
the City Council.
(b) To provide to the Consultant all criteria and information about the requirements for
a Project or Services, including, as relevant, the City’s objectives and constraints, schedule, space,
capacity and performance requirements, and budgetary limitations.
(c) To provide to the Consultant existing studies, reports, and other available data
relevant to a Project.
(d) To arrange for access to, and make provisions for the Consultant to enter on, public
and private property as reasonably required for a Project.
(e) To provide, as relevant, surveys describing physical characteristics, legal
limitations, and utility locations for a Project and the services of other consultants when the
services of other consultants are requested by the Consultant and are necessary for the performance
of the Services.
(f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous
materials, and other laboratory and environmental tests, inspections, and reports required by law
to be provided by the City in connection with a Project, except the extent such tests, inspections,
or reports are part of the Services.
(g) To review reports, documents, data, and all other information presented by the
Consultant as appropriate.
(h) To provide approvals from all governmental authorities having jurisdiction over a
Project when requested by the Consultant, except the extent such approvals are part of the Services.
(i) To provide, except as provided under Article 5 and Article 6 of this Master
Contract, all accounting, insurance, and legal services as may be necessary from time to time in
the judgment of the City to protect the City’s interests with respect to a Project.
(j) To attend Project-related meetings.
(k) To give prompt written notice to the Consultant whenever the City observes or
otherwise becomes aware of any development that affects the scope or timing of Services, except
that the inability or failure of the City to give any such a notice will not relieve the Consultant of
any of its responsibilities under this Master Contract or any Task Order.
Exhibit A Page 12 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-6-
3.7 Time of the Essence. Time is of the essence for each Project and all activities with
regard to the performance of a Project.
3.8 Suspension of Services, Project. The City, at any time and for any reason, may
suspend work on any or all Services or Project by issuing a written work suspension notice to the
Consultant. The Consultant must stop the performance of all Services within the scope of the
suspension notice until the City directs the Consultant in writing to resume performance.
ARTICLE 4. TASK CHANGE ORDERS; DELAYS
4.1 Task Change Orders. The City, from time to time, may issue a written order
modifying or otherwise changing the scope of the Services included in a Task Order (a “Task
Change Order”) provided, however, that any Task Change Order in an amount exceeding $20,000
must be approved by the City Council. The Task Change Order will be generally in the form
attached to and by this reference incorporated into this Master Contract as Attachment C. The
Consultant may request a Task Change Order based on a material change to a Project or any
Services required as part of a Project. A Task Change Order may include additions to and deletions
from the Services and will include any equitable increases or decreases to the Compensation for
the Project.
4.2 Revision Notices. Within 10 days after the date of a Task Change Order, and in
any event before the Consultant begins work on any changed Services, the Consultant must notify
the City in writing if the Consultant desires a revision to the Task Change Order (a “Revision
Notice”). The Revision Notice must clearly state the Consultant’s requested revisions and the
reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Task
Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision
Notice within the 10-day period, then the Consultant will be deemed to have accepted the Task
Change Order and the Task Change Order will be final.
4.3 Disagreements over Task Change Order Terms. If the City and the Consultant
cannot agree on the proposed revisions to the Compensation or Project Schedule terms of a Task
Change Order, then the Parties will apply the dispute resolution provisions of this Master Contract
in order to reach agreement. In that event, the Consultant must proceed diligently with the revised
Services as directed by City pending resolution of the disagreement. The Consultant will be
compensated equitably for the work the Consultant undertakes during the disagreement resolution
process.
4.4 No Change in Absence of Task Change Order. No claim for an adjustment in
Compensation or Project Schedule will be made or allowed unless it is embodied in a Task Change
Order signed by the City and the Consultant. If the Consultant believes it is entitled to an
adjustment in the Compensation or Project Schedule terms that has not been included, or fully
included, in a Task Change Order, then the Consultant may submit to the City a written request
for the issuance of, or revision of, a Task Change Order including the desired adjustment. The
Consultant’s request must be submitted before the Consultant proceeds with any Services for
which an adjustment is desired.
Exhibit A Page 13 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-7-
4.5 Delays. If a delay in providing Services results from one or more causes that could
not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension
of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation
for extra costs related to the delay, or both. The Consultant must notify the City in writing within
10 days after the start of the delay and again in writing within 10 days after the delay has ended
(the “Delay Period”). The first notice must state the cause or causes of the delay and the impact
of the delay on providing Services. The second notice must state the cause or causes of the delay,
the length of the day, the reasons why the delay disrupted performance of the Services and the
Consultant’s request, if any, for a change in Compensation or Project Schedule. If the Consultant
fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have
waived any right to an adjustment in Compensation for the Services.
ARTICLE 5. INSURANCE
5.1 Insurance. The Consultant must procure and maintain, for the duration of this
Master Contract, insurance as provided in this Article 5.
5.2 Scope of Coverage.
(a) Commercial General Liability. Insurance Services Office Commercial General
Liability occurrence form CG 0001, on a form at least as broad as the attached sample endorsement
including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026 (Exhibit B).
(b) Automobile Liability. Insurance Service Office Business Auto Liability coverage
form number CA 0001, Symbol 01 “Any Auto.”
(c) Professional Liability. Indemnification and defense for injury or damage arising
out of negligent acts, errors, or omissions in providing professional services.
(d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as
required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability
insurance.
5.3 Minimum Limits of Coverage.
(a) Commercial General Liability. $1,000,000 combined single limit per occurrence
for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The
general aggregate must be twice the required occurrence limit. Minimum General Aggregate must
be no less than $2,000,000 or a project-contract specific aggregate of $1,000,000.
(b) Business Automobile Liability. $1,000,000 combined single limit per accident for
bodily injury and property damage.
(c) Workers’ Compensation and Employers’ Liability. Workers’ Compensation
Coverage with statutory limits and Employers’ Liability limits of $500,000 per accident.
Exhibit A Page 14 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-8-
(d) Professional Liability. $1,000,000 each claim with respect to negligent acts, errors,
and omissions in connection with all professional services to be provided under this Master
Contract and any Task Order, with a deductible not-to-exceed $150,000 without prior written
approval.
5.4 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the option of the City, either the
insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City
and its officials, employees, agents, and representatives or the Consultant must procure a bond
guaranteeing payment of losses and related investigation, claim administration, and defense
expenses. This provision does not apply to Paragraph 5.3(d) above.
5.5 Additional Requirements. The insurance policies must contain, or be endorsed to
contain, the following provisions:
(a) Commercial General Liability and Automobile Liability Coverage. The City and
its officials, employees, agents, and representatives must be covered as additional insured as
respects: liability arising out of the Consultant’s work, including without limitation activities
performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed
by the Consultant. Coverage must contain no special limitations on the scope of protection
afforded to the City or its officials, employees, agents, and representatives.
(b) Primary Coverage. The insurance coverage must be primary with respect to the
City and its officials, employees, agents, and representatives. Any insurance or self-insurance
maintained by the City and its officials, employees, agents, and representatives will be excess of
the Consultant’s insurance and will not contribute with it.
(c) Reporting Failures. Any failure to comply with reporting provisions of any policy
must not affect coverage provided to the City and its officials, employees, agents, and
representatives.
(d) Severability of Interests/Cross Liability. The insurance must contain a Severability
of Interests/Cross Liability clause or language stating that the insurance will apply separately to
each insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer’s ability.
(e) Umbrella Policies. If any commercial general liability insurance is being provided
under an excess or umbrella liability policy that does not “follow form,” then the Consultant must
name the City and its officials, employees, agents, and representatives as additional insureds under
the umbrella policy.
(f) Occurrence Form. All general liability coverage must be provided on an occurrence
policy form. Claims-made general liability policies are not acceptable.
(g) Workers’ Compensation and Employers’ Liability Coverage. The insurer must
agree to waive all rights of subrogation against the City and its officials, employees, agents, and
representatives for losses arising from work performed by the Consultant.
Exhibit A Page 15 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-9-
(h) Professional Liability. If the policy is written on a claims-made form, the
retroactive date must be equal to or preceding the effective date of this Master Contract. If the
policy is cancelled, non-renewed, or switched to an occurrence form, then the Consultant must
purchase supplemental extending reporting period coverage for a period of not less than three
years.
(i) All Coverage. Each insurance policy required by this clause must be endorsed to
state that coverage will not be suspended, voided, cancelled, or reduced in coverage or in limits
except after 30 days prior written notice to the City by certified mail, return receipt requested.
(j) Acceptability of Insurers. Unless specifically approved in writing in advance by
the City, all insurance must be placed with insurers with a Best’s rating of no less than A-, VII.
All insurers must be licensed to do business in the State of Illinois.
5.6 Verification of Coverage. The Consultant must furnish the City with certificates of
insurance naming the City and its officials, employees, agents, and representatives as additional
insureds and with original endorsements affecting coverage required by this Article 5. The
certificates and endorsements for each insurance policy must be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms
provided by the City and in any event must be received and approved by the City before any work
commences. Other additional-insured endorsements may be utilized, if they provide a scope of
coverage at least as broad as the coverage stated on the ISO Additional Insured Endorsements CG
2010 or CG 2026. The City reserves the right to request a full certified copy of each insurance
policy and endorsement.
5.7 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants
as insureds under its policies or must furnish separate certificates and endorsements for each
subcontractor. All coverage for subcontractors are subject to all of the requirements stated in this
Article 5, except its professional liability policy.
ARTICLE 6. INDEMNIFICATION
6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant
hereby agrees to indemnify and, at the City’s request, defend the City and its officials, employees,
agents, and representatives (collectively the “Indemnified Parties”) as follows:
(a) Against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities,
judgments, costs, and expenses (collectively “Professional Liability Claims”), that may in any way
accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in
consequence of the negligent performance of any professional Services by the Consultant or its
employees or sub-consultants or that may in any way result therefrom, except only Claims arising
out of the sole legal cause of the City; and
(b) Against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments,
costs, and expenses (collectively “General Liability Claims”), that may in any way accrue against
the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the
Exhibit A Page 16 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-10-
negligent act or omission of the Consultant or its employees or sub-consultants other than any
professional Service or that may in any way result therefrom, except only General Liability Claims
arising out of the sole legal cause of the City.
6.2 Notice of Claim to Consultant. The City must provide notice of a Claim to the
Consultant within 10 business days after the City acquires knowledge of that Claim.
6.3 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees
that any performance bond or insurance policy required by this Contract, or otherwise provided by
the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified
Parties or any one of them.
6.4 Withholding Payment. To the extent that any payment is due to the Consultant
under this Contract, the City may withhold that payment to protect itself against any loss until all
claims, suits, or judgments have been settled or discharged and evidence to that effect has been
furnished to the satisfaction of the City.
6.5 Limit on Duty to Indemnify. The Consultant is not required to indemnify an
Indemnified Party to the extent a Claim resulted primarily from the negligence or willful
misconduct of the Indemnified Party.
ARTICLE 7. INFORMAL DISPUTE RESOLUTION
7.1 Dispute Resolution Panel. Any dispute between the City and the Consultant related
to this Master Contract or a Task Order will be submitted to a dispute resolution panel comprised
of two representatives of each Party who have been given the authority to agree to a resolution of
the dispute. The panel may meet or may conduct its discussions by telephone or other electronic
means. If the panel has failed to convene within two weeks after the request of either Party, or is
unable to resolve the dispute within 30 days, then either Party may exercise any other rights it has
under this Master Contract.
7.2 Communications in Nature of Settlement. All communications between the Parties
in connection with the attempted resolution of a dispute will be confidential and will deemed to
have been delivered in furtherance of dispute settlement and thus will be exempt from discovery
and production, and will not be admissible in evidence whether as an admission or otherwise, in
any arbitration, judicial, or other proceeding for the resolution of the dispute.
7.3 Performance of Services. During the dispute resolution process, the Consultant
must proceed diligently with the performance of Services.
ARTICLE 8. TERMINATION
8.1 Master Contract is At-Will. This Master Contract is at-will and may be terminated
by the City at any time at the City’s convenience, without reason or cause. If the City terminates
this Master Contract without reason or cause, then the Consultant will be entitled to Compensation
for all Service performed by the Consultant up to the date of termination. The Consultant is not
Exhibit A Page 17 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-11-
entitled to compensation of any kind, including without limitation for lost profit, for any Services
not performed by the Consultant.
8.2 Termination by City for Breach. The City at any time, by written notice, may
terminate this Master Contract and any Task Order on account of breach by the Consultant and
failure of the Consultant to cure the breach within 10 days after that written notice or such further
time as the City may agree, in the City’s sole discretion, in response to a written notice from the
Consultant seeking additional time to cure. “Breach” by the Consultant includes (a) failure of the
Consultant to adhere to any terms or conditions of this Master Contract or any Task Order, (b)
failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain
progress in the performance of Services so as to endanger proper performance of the Project within
the Project Schedule, (d) failure of the Consultant to have or maintain adequate financial or legal
capacity to properly complete a Project or any Services.
8.3 City Remedies. If the City terminates this Master Contract or any Task Order for
Breach by the Consultant, then the City will have the right, at its election and without prejudice to
any other remedies provided by law or equity, to pursue any one or more of the following remedies:
(a) The City may recover from the Consultant any and all costs, including without
limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result
of actions taken by the City in response to any Breach.
(b) The City may withhold any or all outstanding Compensation under any Task Order
to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys’
fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in
response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any,
after all of the City’s costs are reimbursed or paid. If the Compensation withheld by the City is
insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover
directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining
costs.
8.4 Termination for Convenience. If, after termination of this Master Contract by the
City for breach, it is determined that the Consultant was not in breach or that the termination
otherwise was irregular or improper, then the termination shall be deemed to have been made for
the convenience of the City under Section 8.1 of this Master Contract.
8.5 Termination by Consultant for Breach. The Consultant at any time, by written
notice, terminate this Master Contract on account of failure by the City to properly pay the
Consultant and failure of the City to cure the breach within 10 days after that written notice or such
further time as the Consultant may agree, in the Consultant’s sole discretion, in response to a
written notice from the City seeking additional time to cure.
8.6 Termination by Consultant without Cause. The Consultant may terminate this
Master Contract without cause on 30 days written notice to the City, except that no such
termination will become effective until after the Consultant has completed, and the City has
Exhibit A Page 18 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-12-
approved and accepted, all Projects for which Task Orders have been issued and all Services
related to those Projects.
ARTICLE 9. LEGAL RELATIONSHIPS
AND GENERAL REQUIREMENTS
9.1 Consultant as Independent Consultant. For purposes of this Contract, the
Consultant is an independent consultant and is not, and may not be construed or deemed to be an
employee, agent, or joint venturer of the City.
9.2 Compliance with Laws; Communications with Regulators. The Consultant must
comply with all statutes, ordinances, codes, and regulations applicable to the Services. Except to
the extent expressly set forth in this Master Contract or a Task Order, the Consultant may not
communicate directly with applicable governmental regulatory agencies with regard to Services
without prior express authorization from the City. The Consultant must direct inquiries from
governmental regulatory agencies to the City for appropriate response.
9.3 Consultant Payments; Waivers of Liens. The Consultant must pay promptly for all
services, labor, materials, and equipment used or employed by the Consultant in the performance
of any Services and must not cause any materials, equipment, structures, buildings, premises, and
property of the City to be impressed with any mechanic’s lien or other liens. The Consultant, if
requested, must provide the City with reasonable evidence that all services, labor, materials, and
equipment have been paid in full and with waivers of lien as appropriate.
9.4 Permits and Licenses. Unless otherwise provided in a Task Order, the Consultant
must obtain and pay for all permits and licenses, registrations, qualifications, and other
governmental authorizations required by law that are associated with the Consultant’s performance
of Services.
9.5 Safety; Hazardous Materials.
(a) Protection of Health, Environment. The Consultant’s personnel must be
experienced and properly trained to perform the Services and must take adequate precautions to
protect human health and the environment in the performance of Services.
(b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous
condition relating to the Services, the Consultant must bring that condition to the attention of the
City.
(c) Hazardous Materials. The Consultant acknowledges that there may be hazardous
substances, wastes, or materials as defined by applicable Law (“Hazardous Materials”) at a Project
site or otherwise associated with Services, and the Consultant under those circumstances must take
appropriate precautions to protect its employees, sub-consultants, and suppliers.
9.6 Intellectual Property. The Consultant may not infringe on any intellectual property
(including but not limited to patents, trademarks, or copyrights) (collectively “Intellectual
Property”) in the performance of Services. If ever the Consultant is alleged to have infringed on
Exhibit A Page 19 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-13-
any Intellectual Property, then, in addition to the Consultant’s obligations to indemnify
Indemnified Parties under this Master Contract, the Consultant also, at the sole discretion of the
City and at the Consultant’s sole expense (a) procure for the City the right to continue using the
infringing subject matter, or (b) replace or modify the infringing subject matter so that it becomes
non-infringing but still complies with the requirements of this Master Contract and the relevant
Task Order, or (c) reimburse the City for all payments made to the Consultant relating to or
impacted by the infringing material and all costs incurred by City resulting from such infringement.
9.7 Confidential Information. All information and data disclosed by the City and
developed or obtained under this Master Contract must be treated by the Consultant as proprietary
and confidential information (“Confidential Information”). The Consultant must not disclose
Confidential Information without the City’s prior written consent. No person may use Confidential
Information for any purpose other than for the proper performance of Services. The obligations
under this Section 9.7 does not apply to Confidential Information that is (i) in the public domain
without breach of this Contract, (ii) developed by the Consultant independently from this Master
Contract, (iii) received by the Consultant on a non-confidential basis from others who had a right
to disclose the information, or (iv) required by law to be disclosed, but only after prior written
notice has been received by City and City has had a reasonable opportunity to protect disclosure
of the Confidential Information. The Consultant must ensure that the foregoing obligations of
confidentiality and use extend to and bind the Consultant’s sub-consultants and suppliers.
9.8 Ownership of Data and Documents. All data and information, regardless of its
format, developed or obtained under this Master Contract (collectively “Data”), other than the
Consultant’s confidential information, will be and remain the sole property of the City. The
Consultant must promptly deliver all Data to the City at the City’s request. The Consultant is
responsible for the care and protection of the Data until that delivery. The Consultant may retain
one copy of the Data for the Consultant’s records subject to the Consultant’s continued compliance
with the provisions of this Article.
9.9 Copyrights and Patents. The Consultant agrees not to assert, or to allow persons
performing under the Consultant’s control to assert, any rights to Data or establish any claim under
design, patent, or copyright laws. It is expressly agreed that all copyrightable or patentable Data
produced as part of Services has been specifically commissioned by the City and is considered
“work for hire,” and that all copyrightable and other proprietary rights in that Data will vest solely
in the City. Further, the Consultant agrees that all rights under copyright and patent laws under
this Master Contract belong to the City. The Consultant hereby assigns any and all rights, title,
and interests under copyright, trademark, and patent law to the City and agrees to assist the City
in perfecting the same at the City’s expense.
9.10 Notices. Any notice or communication required by this Master Contract will be
deemed sufficiently given if in writing and when delivered personally or upon receipt of registered
or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows:
Exhibit A Page 20 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-14-
If to the City: with a copy to:
City of Des Plaines Elrod Friedman LLP
Public Works and Engineering Department 325 N. LaSalle Street, Suite 450
1420 Miner Street Chicago, Illinois 60654
Des Plaines, Illinois 60016 Attn: Peter Friedman, General Counsel
Attn: Director of Public Works
And Engineering
If to the Consultant: with a copy to:
Manhard Consulting, Ltd.
One Overlook Point, Suite 290
Lincolnshire, IL 60069
Attn: Peter Stoehr, P.E.
or to such other address as the party to whom notice is to be given has furnished in writing.
9.11 No Waiver by City. No act, order, approval, acceptance, or payment by the City,
nor any delay by the City in exercising any right under this Master Contract, will constitute or be
deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or
incomplete Services or operate to waive any requirement or provision of this Master Contract or
any remedy, power, or right of the City.
9.12 No Third-Party Beneficiaries. This Master Contract is for the benefit of the City
and the Consultant only and there can be no valid claim made or held against the City or the
Consultant by any third party to be a beneficiary under this Master Contract.
9.13 Survival of Terms. The following sections will survive the termination of this
Master Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9.
9.14 Assignments. The Consultant may not assign or transfer any term, obligation, right,
or other aspect of this Master Contract without the prior express written consent of the City. If
any aspect of this Master Contract is assigned or transferred, then the Consultant will remain
responsible to the City for the proper performance of the Consultant’s obligations under this
Master Contract. The terms and conditions of any agreement by the Consultant to assign or
transfer this Master Contract must include terms requiring the assignee or transferee to fully
comply with this Master Contract unless otherwise authorized in writing by the City.
9.15 Amendments. This Master Contract may be amended only in writing executed by
the City and the Consultant.
9.16 Governing Law. The validity, construction, and performance of this Master
Contract and all disputes between the parties arising out of or related to this Contract will be
governed by the laws of the State of Illinois without regard to choice or conflict of law rules or
regulations.
9.17 Compliance with Laws, Grant Regulations. All Services must be provided,
performed, and completed in accordance with all required governmental permits, licenses, or other
Exhibit A Page 21 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-15-
approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The
Consultant also must comply with applicable conditions of any federal, state, or local grant
received by the City with respect to this Master Contract or any Task Order. The Consultant will
be solely responsible for any fines or penalties that may be imposed or incurred by a governmental
agency with jurisdiction over the Services as a result of the Consultant’s improper performance of,
or failure to properly perform, any Services.
9.18 Representation of No Conflicts. The Consultant represents that (1) no City
employee or agent is interested in the business of the Consultant or this Master Contract, (2) as of
the Effective Date neither the Consultant nor any person employed or associated with the
Consultant has any interest that would conflict in any manner or degree with the performance of
the obligations under this Master Contract, and (3) neither the Consultant nor any person employed
by or associated with the Consultant may at any time during the Term obtain or acquire any interest
that would conflict in any manner or degree with the performance of the obligations under this
Master Contract.
9.19 No Collusion. The Consultant represents 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 properly
contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-
3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The
Consultant represents that the only persons, firms, or corporations interested in this Contract as
principals are those disclosed to the City prior to the execution of this Master Contract and that
this Master Contract is made without collusion with any other person, firm, or corporation.
WHEREFORE, the City and the Consultant have caused this Master Contract to be
executed by their duly authorized representatives as of the Effective Date.
City of Des Plaines Manhard Consulting, Ltd.
By: By:
Name: Michael G. Bartholomew Name: Peter Stoehr, P.E.
Title: City Manager Title:
APPROVED AS TO FORM ONLY
Des Plaines General Counsel Dated
Exhibit A Page 22 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-1-
ATTACHMENT A
TASK ORDER
In accordance with Section 1.2 of the Master Contract dated ____________________, 20____
between the City of Des Plaines (the “City”) and Manhard Consulting, Ltd. (the “Consultant”),
the Parties agree to the following Task Number ___:
1. Contracted Services:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
2. Project Schedule (attach schedule if appropriate):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
3. Project Completion Date:
All Contracted Services must be completed on or before: ___________________, 20___.
4. Project Specific Pricing (if applicable):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
5. Additional Changes to the Master Contract (if applicable):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________.
ALL OTHER TERMS AND CONDITIONS OF THE MASTER CONTRACT REMAIN
UNCHANGED.
[SIGNATURE PAGE FOLLOWS]
Exhibit A Page 23 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-2-
CITY CONSULTANT
_______________________________ __________________________________
Signature Signature
Director of Public Works
And Engineering
____________________, 20____ ____________________, 20____
Date Date
If greater than, $2,500, the City Manager’s signature is required.
______________________________________
Signature
City Manager
____________________, 20____
Date
If compensation greater than $20,000, then the City Council must approve the Services Change
Order in advance and the City Manager or Mayor’s signature is required.
_______________________________________
Signature
City Manager
____________________, 20____
Date
Exhibit A Page 24 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
-1-
ATTACHMENT B
PRICING SCHEDULE
Exhibit A Page 25 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
Task Change Order: Task Number ___ -1-
ATTACHMENT C
TASK CHANGE ORDER FOR TASK NUMBER ____
In accordance with Section 4.1 of the Master Contract dated _______________, 20____ between
the City of Des Plaines (the “City”) and Manhard Consulting, Ltd. (the “Consultant”), the Parties
agree to the following Task Change Order for Task Number ___:
1. Change in Contracted Services:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
2. Change in Project Schedule (attach schedule if appropriate):
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3. Change in Project Completion Date:
All Contracted Services must be completed on or before ____________________, 20____
4. Change in Compensation:
___________________________________________________________________________
___________________________________________________________________________
5. Change in Project Specific Pricing (if applicable).
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
ALL OTHER TERMS AND CONDITIONS OF THE MASTER CONTRACT REMAIN
UNCHANGED.
[SIGNATURE PAGE FOLLOWS]
Exhibit A Page 26 of 27
City of Des Plaines Professional Services Master Contract
Professional Engineering Services
Task Change Order: Task Number ___ -2-
CITY CONSULTANT
_______________________________ __________________________________
Signature Signature
Director of Public Works
And Engineering
____________________, 20____ ____________________, 20____
Date Date
If compensation increase greater than $2,500, then the City Manager’s signature is required.
_______________________________
Signature
City Manager
____________________, 20____
Date
If compensation greater than $20,000, then the City Council must approve the Services Change
Order in advance and the City Manager or Mayor’s signature is required.
_______________________________
Signature
City Manager
____________________, 20____
Date
Exhibit A Page 27 of 27
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5390
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering
Subject: Illinois Department of Transportation – Intergovernmental Agreement for Improvements to
US Route 14 (Northwest Highway) from West of Nicholas Drive to Western Avenue
Issue: The Illinois Department of Transportation (IDOT) has prepared the attached Intergovernmental
Agreement in connection with their proposed improvements to US Route 14 from west of Nicholas Drive to
Western Avenue.
Analysis: The general scope of the work consists of resurfacing, drainage improvements, retaining wall
construction for the S-Curve Sidepath and other incidental and collateral work necessary to complete the
improvements to the approved plans and specifications. The City would be responsible for the estimated
$1,006,250 cost of the retaining wall improvements including associated engineering costs.
The Intergovernmental Agreement is necessary for IDOT to complete the design and bid out the project.
Recommendation: We recommend approval of the Intergovernmental Agreement with the Illinois
Department of Transportation for improvements to US Route 14 from west of Nicholas Drive to Western
Avenue. Source of funding would be budgeted Capital Projects Funds.
Attachments:
Resolution R-201-21
Exhibit A – Agreement
MEMORANDUM
Page 1 of 12
CONSENT AGENDA #7.
1
CITY OF DES PLAINES
RESOLUTION R - 201 - 21
A RESOLUTION APPROVING AN AGREEMENT WITH
THE ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR IMPROVEMENTS ON US ROUTE 14 FROM
NICHOLAS DRIVE TO WESTERN AVENUE.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, the City of Des Plaines ("City") is an Illinois home-rule municipal
corporation pursuant to Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, the Illinois Department of Transportation ("IDOT") plans to make
improvements on US Route 14 (Northwest Highway) from west of Nicholas Drive to Western
Avenue ("Project"); and
WHEREAS, the Project includes resurfacing, drainage improvements, retaining wall
construction and any collateral and incidental work necessary to complete the Project in
accordance with the approved plans and specifications; and
WHEREAS, the retaining wall will facilitate the City’s construction of the shared-use path
along US Route 14; and
WHEREAS, in order to complete the Project, IDOT requested that the City enter into an
agreement in order to set forth the parties’ respective responsibilities and obligations regarding the
Project ("Agreement"); and
WHEREAS, pursuant to the Agreement, the City will pay IDOT for engineering and
construction costs relating to the retaining wall in the estimated amount of $1,006,250, or so much
thereof as may be necessary ("City Share"); and
WHEREAS, the City will, in accordance with the Agreement, pay 80% of the City Share
to IDOT when the contract for the Project is awarded and will pay the remaining 20% upon the
completion of the Project based upon final costs; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Agreement with IDOT;
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 12
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 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: EXECUTION OF AGREEMENT. The Mayor and City Clerk are hereby
authorized and directed to execute and seal, on behalf of the City, the final Agreement.
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 __________________, 2021.
APPROVED this _____ day of ______________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving IGA with IDOT for Improvements on US Rt 14 from Nicholas Dr to Western Ave
Page 3 of 12
FAU 3512 / US 14
West of Nicholas Drive to Western Avenue
State Section: 2019-109-RS,SW&T
Cook County
Job No.: C-91-242-19
Contract No.: 62H38
Agreement No: JN-122-008
AGREEMENT
This Agreement entered into this _______day of __________________, 2021 A.D.,
by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT
OF TRANSPORTATION hereinafter called the STATE, and the CITY OF DES
PLAINES of the State of Illinois, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the STATE in order to facilitate the free flow of traffic and ensure
safety to the motoring public, is desirous of improving FAU 3512 / US14, from west
of Nicholas Drive to Western Avenue, STATE Section 2019-109-RS,SW&T, STATE
Job No.: C-91-242-19, State Contract Number 62H38 as follows:
The scope of work consists of resurfacing, drainage improvements, retaining wall
construction and all other incidental and collateral work necessary to complete the
project as shown on the plans.
WHEREAS, the CITY has requested additional retaining wall be included in the
project to accommodate a future shared use path to be constructed by the CITY; and
WHEREAS, the STATE has agreed to the CITY’s request; and
Exhibit A Page 4 of 12
WHEREAS, the CITY is desirous of said improvement in that same will be of
immediate benefit to the CITY residents and permanent in nature;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. The STATE agrees to make the surveys, obtain all necessary rights of way,
prepare plans and specifications, receive bids and award the contract, furnish
engineering inspection during construction and cause the improvement to be built
in accordance with the approved plans, specifications and contract.
2. The STATE agrees to pay for all right of way, construction and engineering cost
subject to partial reimbursement by the CITY as hereinafter stipulated.
3. It is mutually agreed by and between the parties hereto that the estimated cost
and cost proration for this improvement is as shown on Exhibit A attached hereto
and made a part hereof.
4. The CITY has passed a resolution appropriating sufficient funds to pay its share
of the cost for this improvement, a copy of which is attached hereto as Exhibit B
and made a part hereof.
5. The CITY agrees, that upon award of the contract for this improvement, the CITY
will pay to the STATE in a lump sum from any funds allotted to the CITY an
amount equal to 80% of its obligation incurred under this AGREEMENT, and will
Exhibit A Page 5 of 12
pay to said STATE the remainder of the obligation (including any non-
participating costs on FA Projects) in a lump sum, upon completion of the project
based upon final costs.
6. The CITY further agrees to pass a supplemental resolution to provide necessary
funds for its share of the cost of this improvement if the amount appropriated in
Exhibit B proves to be insufficient, to cover said final cost.
7. All CITY owned utilities, on STATE right of way within the limits of this
improvement, which are to be relocated/adjusted under the terms of this
Agreement, will be relocated/adjusted in accordance with the applicable portions
of the “Accommodation of Utilities of Right of Way of the Illinois State Highway
System.” (92 III Adm. Code 530).
8. The CITY agrees to obtain from the STATE an approved permit for the
adjustment of any CITY utility and to abide by all conditions set forth therein.
9. Upon final field inspection of the improvement and so long as US 14 is used as a
STATE Highway, the STATE agrees to maintain or cause to be maintained the,
the median, the through traffic lanes, the left-turn lanes and right turn lanes, and
the curb and gutter, stabilized shoulders and ditches adjacent to those traffic
lanes and turn lanes.
10. Upon final field inspection of the improvement, the CITY agrees to maintain or
cause to be maintained those portions of the improvement which are not
maintained by the STATE, including the retaining wall, new and existing
Exhibit A Page 6 of 12
sidewalks, shared use paths, parkways, crosswalk and stopline markings, CITY
owned utilities including appurtenances thereto, highway lighting including
electrical energy, and shall provide routine maintenance of the storm sewers and
appurtenances by performing those functions necessary to keep the sewer in a
serviceable condition, including cleaning sewer lines, inlets, manholes and
catchbasins along with the repair or replacement of frames, grates or lids. The
maintenance, repair and/or reconstruction of storm sewers constructed as part of
this improvement beyond the aforedescribed responsibilities shall be that of the
STATE.
11. The CITY further agrees to continue its existing maintenance responsibilities on
all side roads under its jurisdiction including all left and right turn lanes on said
CITY owned roadways, up to the through edge of pavement of US 14. Drainage
facilities, if any, within the STATE right-of-way shall remain the joint maintenance
responsibility of the CITY and STATE, unless there is an agreement specifying
different responsibities.
12. The CITY has adopted a resolution, will send a letter, or sign the Plan Approval
page which is part of this document, prior to the STATE advertising for the work
to be performed hereunder, approving the plans and specifications as prepared.
13. Under penalties of perjury, the CITY certifies that its correct Federal Tax
Identification number is 6005849 and it is doing business as a
GOVERNMENTAL ENTITY, whose mailing address is:
City of Des Plaines
1420 Miner Street
Des Plaines, IL 60016
Exhibit A Page 7 of 12
Obligations of the STATE and the CITY will cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or Federal
funding source fails to appropriate or otherwise make available funds for this contract.
This AGREEMENT and the covenants contained herein shall be null and void in the event
the contract covering the construction work contemplated herein is not awarded within the
three years subsequent to execution of the agreement.
This Agreement shall be binding upon and to the benefit of the parties hereto, their
successors and assigns.
CITY OF DES PLAINES
By: _________________________
(Signature)
Attest:
By: ___________________________
(Print or Type)
___________________________
Clerk Title: __________________________
Date: __________________________
(SEAL)
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By: ____________________________
Jose Rios, P.E.
Region One Engineer
Date: __________________________
Job No.: C-91-242-19
Agreement No.: JN-122-008
Exhibit A Page 8 of 12
PLAN APPROVAL
WHEREAS, in order to facilitate the improvement of FAU 3512 / US 14, State Job
Number: C-91-242-19, State Section 2019-109-RS,SW&T, Contract Number 62H38,
the CITY agrees to that portion of the plans and specifications relative to the CITY’s
financial and maintenance obligations described herein, prior to the STATE’s
advertising for the aforedescribed proposed improvement.
Approved_________________________________________
Title _____________________________________________
Date _____________________________________________
Exhibit A Page 9 of 12
FEDERAL STATE CITY OF DES
PLAINES TOTAL
Type of Work COST %COST %COST %
All roadway work excluding the following $2,260,000 80%$565,000 20%$2,825,000
P&C Engineering (15%)$339,000 80%$84,750 20%$423,750
OTHER WORK
Retaining wall for shared use path $875,000 100%$875,000
P&C Engineering (15%)$131,250 100%$131,250
TOTAL $4,255,000
NOTE: The City participation shall be predicated upon the percentages shown above for the specified work. The CITY actual cost shall be determined by multiplying the final
quantities times contract unit prices, plus 15% for construction engineering unless otherwise noted.
Contract 62H38 EXHIBIT A
ESTIMATE OF COST & PARTICIPATION
$2,599,000 $649,750 $1,006,250Exhibit APage 10 of 12
Exhibit B
FUNDING RESOLUTION
WHEREAS, the CITY OF DES PLAINES (CITY) has entered into an AGREEMENT with
the STATE OF ILLINOIS (STATE) for the improvement of US 14, known as State Section
2019-109-RS,SW&T, Contract Number 62H38; and
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for
the CITY to appropriate sufficient funds to pay its share of the cost of said improvement.
NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of
One Million Six Thousand Two Hundred Fifty Dollars ($1,006,250.00) or so much thereof as
may be necessary, from any money now or hereinafter allotted to the CITY to pay its share of
the cost of this improvement as provided in the AGREEMENT; and
BE IT FURTHER RESOLVED, that upon award of the contract for this improvement, the
CITY will pay to the STATE in a lump sum from any funds allotted to the CITY an amount equal
to 80% of its obligation incurred under this AGREEMENT, and will pay to said STATE the
remainder of the obligation in a lump sum, upon completion of the project based on final costs.
BE IT FURTHER RESOLVED, that the CITY agrees to pass a supplemental resolution
to provide any necessary funds for its share of the cost of this improvement if the amount
appropriated herein proves to be insufficient, to cover said cost.
Exhibit A Page 11 of 12
STATE OF ILLINOIS )
COUNTY OF COOK )
I, ______________________, City Clerk in and for the City of Des Plaines hereby certify the
foregoing to be a true perfect and complete copy of the resolution adopted by the City Board at
a meeting on ________________________, 2021 A.D.
IN TESTIMONY WHEREOF, I have hereunto set my hand seal this ________ day of
________________________, 2021 A.D.
__________________________
Clerk
(SEAL)
Exhibit A Page 12 of 12
OFFICE OF THE MAYOR
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5301
desplaines.org
Date: October 19, 2021
To: Honorable Aldermen
From: Andrew Goczkowski, Local Liquor Commissioner
Cc: Vickie Baumann, Permit Technician, Registration & License Division
Subject: Liquor License Request for an Increase in Liquor License Classification
Attached please find a Liquor License request for the following applicant:
Cosecha Wine & Spirits LLC
1670 S River Rd
Class B – Bulk Retail / Alcohol Primary Sales (off-site consumption only)
-New Increase from 14 to 15
The complete application packet is on file in the Community and Economic Development Department. The
required posting will be completed November 1, 2021 and all necessary fees have been secured.
This request will come before you on the Consent Agenda of the City Council meeting of Monday,
November 15, 2021.
Andrew Goczkowski
Mayor
Local Liquor Commissioner
Attachments: Ordinance M-28-21
Application Packet
MEMORANDUM
Page 1 of 8
CONSENT AGENDA #8.
CITY OF DES PLAINES
ORDINANCE M - 28 - 21
AN ORDINANCE AMENDING THE CITY CODE TO ADD
ONE CLASS “B” LIQUOR LICENSE.
WHEREAS, Cosecha Wine & Spirits LLC ("Applicant") applied to the Department of
Community and Economic Development for a Class B liquor license for the premises commonly
known as 1670 South River Road, Des Plaines, Illinois ("Premises") pursuant to Chapter 4 of
Title 4 of the Des Plaines City Code ("City Code"); and
WHEREAS, the City desires to issue one Class B liquor license to the Applicant for the
Premises; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
grant the Applicant a Class B liquor license for the Premises;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Ordinance as the findings of the City Council.
SECTION 2: APPROVAL OF LIQUOR LICENSE. The City Council hereby grants
the Applicant a Class B Liquor License to the Applicant for the Premises.
SECTION 3: FEE SCHEDULE. Section 1, titled “Fee Schedule,” of Chapter 18, titled
"Schedule of Fees," of Title 4, titled “Business Regulations,” of the City Code is hereby amended
further to read as follows:
4-18-1: FEE SCHEDULE:
Section Fee Description Number Term Fee
New
* * *
Chapter 4 Liquor Control
4-4-5A License Fees and Number:
Class Number Term Initial Fee Annual Fee
Class B 14 15 Annual $3,630.00 $1,815.00
* * *
Page 2 of 8
SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect
from and after its passage, approval, and publication in pamphlet form according to law.
PASSED this _____day of ____________, 2021.
APPROVED this _____ day of ____________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT ______
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
______ day of ________________, 2021.
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Add One Class A Liquor License for Cosecha Wine & Spirits LLCt
Page 3 of 8
Page 4 of 8Attachment
Page 5 of 8Attachment
Page 6 of 8Attachment
Page 7 of 8Attachment
Page 8 of 8Attachment
Finance DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: November 4, 2021
To: Michael G. Bartholomew, City Manager
From: Dorothy Wisniewski, Assistant City Manager/Director of Finance
Subject: Termination of City of Des Plaines Tax Increment Financing (TIF) District Number 1
Issue: For the City Council to approve the attached Ordinance terminating the designation of TIF #1 as a
redevelopment project area under the Tax Increment Allocation Redevelopment Act.
Analysis: Tax increment finance (TIF) funding is an incentive method used to better the economic condition of a
specified area. TIF funding freezes the assessed valuation of a given area for a period of time. The development that
subsequently occurs in the area results in an increase in the valuation of the district. The incremental property tax
increase is deposited into a segregated fund of the City, which in turn utilizes those funds to provide incentives for the
initial and additional development.
On July 16, 1985, pursuant to the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et
seq. (“TIF Act”), the City Council of the City of Des Plaines adopted Ordinance M-23-85, titled “Ordinance
Approving a Tax Increment Redevelopment Plan and Redevelopment Project in the City of Des Plaines, Illinois.”
The Ordinance approved a redevelopment plan and project, designated a redevelopment project area, adopted tax
increment financing, and established a special tax allocation fund for the redevelopment project known as “TIF
District No. 1” (“TIF District”).
The TIF District created in 1985 comprised the downtown core. In 1986, 1987, 1992, 1994 and 1997 the City
expanded the district to include a majority of the downtown area. Additionally, pursuant to state statute, the City
renewed the duration of the TIF from its original 23 years to 35 years. There have been six development agreements
in this TIF since inception, such as The Heritage, River Point, Library Plaza, River Mill, River Plaines (Everleigh),
and Metropolitan Square. The City has also conducted public improvement activities including streetscape
renovations and streetlight replacement in accordance with the redevelopment plan. The final year of the TIF District
was December 31, 2020 with additional property taxes being received in 2021. The City has notified all of the taxing
jurisdictions of its intent to close the TIF District effective December 31, 2020, as required by state statutes.
Recommendation: I recommend the City Council approve the Ordinance M-29-21 terminating the designation
of TIF #1 as a redevelopment project area under the Tax Increment Allocation Redevelopment Act.
Attachments:
Ordinance M-29-21
MEMORANDUM
Page 1 of 4
CONSENT AGENDA #9.
{00122536.2}
CITY OF DES PLAINES
ORDINANCE M - 29 - 21
AN ORDINANCE TERMINATING THE DESIGNATION OF
TIF NO. 1 AS A REDEVELOPMENT PROJECT AREA
UNDER THE TAX INCREMENT ALLOCATION
REDEVELOPMENT ACT. ________________________
WHEREAS, on July 16, 1985, pursuant to and in accordance with the Illinois Tax
Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (“TIF Act”), the City
Council adopted Ordinance M-23-85, titled “Ordinance Approving a Tax Increment
Redevelopment Plan and Redevelopment Project in the City of Des Plaines, Illinois”, which
approved a redevelopment plan and project, designated a redevelopment project area, adopted tax
increment financing, and established a special tax allocation fund for the redevelopment project
known as “TIF District No. 1”; and
WHEREAS, TIF District No. 1 was subsequently amended pursuant to the following
ordinances: (1) Ordinance M-68-86, adopted December 17, 1986, titled “An Ordinance Approving
the Tax Increment Redevelopment Area Plan and Redevelopment Project, as Amended”; (2)
Ordinance M-18-87, adopted June 3, 1987, titled “An Ordinance Approving an Amendment to the
City of Des Plaines Amended Tax Increment Redevelopment Area and Amended Redevelopment
Plan and Project”; (3) Ordinance M-34-92, adopted September 10, 1992, titled “An Ordinance
Approving and Adopting the City of Des Plaines, Illinois Second Amended Tax Increment
Redevelopment Project Area Redevelopment Plan and Project”; (4) Ordinance M-72-94, adopted
November 9, 1994, titled “An Ordinance Approving the Amended Tax Increment Redevelopment
Area Plan and Redevelopment Project”; and (5) Ordinance No. M-25-97, adopted April 14, 1997,
titled “An Ordinance Approving an Amendment to Ordinance M-23-85, as Amended Tax
Increment Redevelopment Plan and Redevelopment Project”, which extended the term of TIF No.
1 from 23 years to 35 years (TIF District No. 1, as amended by Ordinance M-68-86, Ordinance
M-18-87, Ordinance M-34-92, Ordinance M-72-94, and Ordinance M-25-97, is “TIF No. 1”); and
WHEREAS, the redevelopment project area for TIF No. 1 is depicted on Exhibit A
attached and, by this reference, made a part of this Ordinance; and
WHEREAS, through the use of tax increment financing and other resources, and in
accordance with the TIF Act, the TIF No. 1 redevelopment project area was redeveloped in
accordance with the goals and objectives of the TIF No. 1 redevelopment plan and redevelopment
project; and
WHEREAS, the City has notified all of the affected taxing districts regarding the
termination of TIF No. 1 in accordance with the TIF Act; and
WHEREAS, the City Council has determined that it is in the best interests of the City and
the public and other local taxing districts to confirm and acknowledge that TIF No. 1 terminated
effective December 31, 2020 in accordance with the provisions of the TIF Act due to the expiration
of the maximum term allowed under the TIF Act;
Page 2 of 4
{00122536.2} 2
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: TERMINATION OF REDEVELOPMENT PROJECT AREA
DESIGNATION AND OF TAX INCREMENT ALLOCATION FINANCING. The City
Council confirms that the designation of TIF No. 1 as a redevelopment project area under the TIF
Act and the adoption of tax increment allocation financing for TIF No. 1 terminated effective
December 31, 2020.
SECTION 3: FILING WITH COUNTY CLERK AND COUNTY TREASURER.
The City Council authorizes and directs the City Manager and the City Clerk to file certified copies
of this Ordinance with the offices of the County Clerk and the County Treasurer and to take any
other action necessary to terminate the designation of TIF No. 1 as a redevelopment project area
under the TIF Act and the adoption of tax increment allocation financing for TIF No. 1.
SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval and publication in pamphlet form according to law.
PASSED this _____ day of _________________, 2021.
APPROVED this _____ day of ___________________, 2021.
VOTE: AYES ______ NAYS ______ ABSENT ______
MAYOR
ATTEST:
_______________________________
CITY CLERK
Published in pamphlet form this Approved as to form:
____ day of ____________, 2021.
________________________________
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Terminating TIF No 4
#32481523_v3
Page 3 of 4
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AIRIE
TH A C K E R S T
RD
BROWN ST
PERRY ST
MINER ST
E L B L V D
MILL ST
JEFFERSON ST
P E R R Y S T
JEF F ERS ON ST
O
RIVER ST
BRO WN S T
E
0 1,000500 Feet
State Plane NAD 83 Illinois East
LKW Date: 10/20/2016257 Exhibit A Page 4 of 4
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH
MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, NOVEMBER 15, 2021
CALL TO
ORDER
The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order
by Mayor Goczkowski at 7:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers,
Des Plaines Civic Center on Monday, November 15, 2021.
ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith. Absent: Ebrahimi A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Assistant
Director of Public Works and Engineering Watkins, Director of Community and Economic Development Carlisle, Fire
Chief Anderson, Police Chief Anderson, and General Counsel Friedman.
PRAYER AND
PLEDGE
The prayer and the Pledge of Allegiance to the Flag of the United States of America were
offered by Alderman Zadrozny.
ALDERMEN
ANNOUNCEMENTS
Alderman Lysakowski thanked Public Works and Tom Bueser for doing an outstanding job in
the First Ward.
Alderman Brookman thanked Assistant Director of Public Works and Engineering Tim
Watkins for doing an outstanding job.
Alderman Chester mentioned he received a call from a resident stating there was not a crossing
guard at South School.
Alderman Smith reiterated a thank you to the City staff. She also asked if Public Works would
consider extending the leaf pickup due to the delay in leaf falling.
MAYORAL
ANNOUNCEMENTS
On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines related to
the COVID-19 emergency was authorized. The Declaration provided that: (1) the City may
enter into contracts for the emergency purchase of goods and services; (2) the City Manager
may implement emergency staffing protocols pursuant to the City’s respective collective
bargaining agreements; and (3) directed City officials and employees to cooperate with other
government agencies.
In accordance with Illinois statutes, the Mayor’s Declaration lasted only for a period of seven
days, unless it was extended by action of the City Council. At each subsequent City Council
meeting, the City Council, by motion, extended the Declaration until the next adjournment of
the next special or City Council meeting. This extension of the Declaration includes the
Supplemental Order dated July 29, 2020.
Mayor Goczkowski presented an extension to the Declaration of Civil Emergency.
Moved by Brookman, seconded by Oskerka, to extend the March 16, 2020 Declaration of Civil
Emergency until the adjournment of the next regular, special, or emergency meeting of the
City Council.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
CONSENT AGENDA #10.
Page 2 of 16 11/15/21
CONSENT AGENDA
Moved by Moylan, seconded by Zadrozny, to establish the Consent Agenda.
Upon voice vote, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
Moved by Brookman, seconded by Oskerka, to approve the Consent Agenda.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
Minutes were approved; Ordinance M-28-21, M-29-21 were approved; Ordinance M-26-21,
M-27-21 were adopted; Resolutions R-180-21, R-181-21, R-182-21, R-183-21, R-184-21, R-
188-21, R-191-21 were adopted.
AMEND CITY
CODE/ CLASS B LIQ
LIC/ 1670 S RIVER
RD
Consent Agenda
Ordinance
M-28-21
Moved by Brookman, seconded by Oskerka to Approve First Reading of Ordinance M-28-21,
AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS “B” LIQUOR
LICENSE. Motion declared carried as approved unanimously under Consent Agenda.
TER DESIG/ TIF NO.
1/ REDEV PROJ
AREA
Consent Agenda
Ordinance
M-29-21
Moved by Brookman, seconded by Oskerka to Approve First Reading of Ordinance M-29-21,
AN ORDINANCE TERMINATING THE DESIGNATION OF TIF NO. 1 AS A
REDEVELOPMENT PROJECT AREA UNDER THE TAX INCREMENT ALLOCATION
REDEVELOPMENT ACT. Motion declared carried as approved unanimously under Consent
Agenda.
AUTH PROC/ ROCK
SALT/ COMPASS
MINERALS
AMERICA, INC
Consent Agenda
Resolution
R-180-21
Moved by Brookman, seconded by Oskerka to Approve Resolution R-180-21 A
RESOLUTION AUTHORIZING THE PROCUREMENT OF ROCK SALT FROM
COMPASS MINERALS AMERICA, INC. Motion declared carried as approved unanimously
under Consent Agenda.
APPROVE MSTR
CNTRCT/ PLUMB
SVCS/ JOS
SERVICES, INC
Consent Agenda
Resolution
R-181-21
Moved by Brookman, seconded by Oskerka to Approve Resolution R-181-21, A
RESOLUTION APPROVING A MASTER CONTRACT WITH, JOS SERVICES, INC. FOR
PLUMBING SERVICES. Motion declared carried as approved unanimously under Consent
Agenda.
Page 3 of 16 11/15/21
APPROVE MSTR
CNTRCT/ ELEC
SVCS/ SUPER
ELECTRIC
CONSTRUCTION
COMPANY
Consent Agenda
Resolution
R-182-21
Moved by Brookman, seconded by Oskerka to Approve Resolution R-182-21 A
RESOLUTION APPROVING A MASTER CONTRACT WITH SUPER ELECTRIC
CONSTRUCTION COMPANY FOR ELECTRICAL SERVICES. Motion declared carried
as approved unanimously under Consent Agenda.
APPROVE AGRMT/
IDOT & CBBEL/
OAKTON ST
SIDEPATH PROJ
Consent Agenda
Resolution
R-183-21
Moved by Brookman, seconded by Oskerka to Approve Resolution R-183-21, A
RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT
WITH IDOT AND AN ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER
B. BURKE ENGINEERING, LTD. IN CONNECTION WITH THE CONSTRUCTION OF
THE OAKTON STREET SIDEPATH PROJECT. Motion declared carried as approved
unanimously under Consent Agenda.
APPROVE TASK
ORD NO. 7/ PROF
ENGR SVCS/
CHRISTOPHER B.
BURKE
ENGINEERING,
LTD
Consent Agenda
Resolution
R-184-21
Moved by Brookman, seconded by Oskerka to Approve Resolution R-184-21, A
RESOLUTION APPROVING TASK ORDER NO. 7 UNDER A MASTER CONTRACT
WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR PROFESSIONAL
ENGINEERING SERVICES. Motion declared carried as approved unanimously under
Consent Agenda.
SECOND READING/
ORDINANCE
M-26-21
Consent Agenda
Moved by Brookman, seconded by Oskerka to Approve Ordinance M-26-21, AN
ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY,
ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021 AND ENDING
DECEMBER 31, 2021. Motion declared carried as approved unanimously under Consent
Agenda.
SECOND READING/
ORDINANCE
M-27-21
Consent Agenda
Moved by Brookman, seconded by Oskerka to Approve Ordinance M-27-21, AN
ORDINANCE AMENDING SECTION 10-8-2 OF THE CITY CODE OF THE CITY OF DES
PLAINES REGARDING LOCAL AMENDMENTS TO THE NATIONAL ELECTRICAL
CODE. Motion declared carried as approved unanimously under Consent Agenda.
APPROVE AGRMT/
ST SWEEPING
SVCS/ LAKESHORE
RECYCLING
SYSTEMS
Consent Agenda
Resolution
R-188-21
Moved by Brookman, seconded by Oskerka to Approve Resolution R-188-21, A
RESOLUTION APPROVING AN AGREEMENT WITH LAKESHORE RECYCLING
SYSTEMS FOR STREET SWEEPING SERVICES. Motion declared carried as approved
unanimously under Consent Agenda.
Page 4 of 16 11/15/21
APPROVE
MINUTES
Consent Agenda
Moved by Brookman, seconded by Oskerka to Approve the Minutes of the City Council
meeting of November 1, 2021, as published. Motion declared carried as approved
unanimously under Consent Agenda.
APPROVE
MINUTES
Consent Agenda
Moved by Brookman, seconded by Oskerka to Approve the Closed Session Minutes of the
City Council meeting of November 1, 2021, as published. Motion declared carried as approved
unanimously under Consent Agenda.
APPROVE ASGMT/
LEASE AGRMT OF
DES PLAINES
THEATRE/ ONESTI
DPT INC
Consent Agenda
Resolution
R-191-21
Moved by Brookman, seconded by Oskerka to Approve Resolution R-191-21, RESOLUTION
APPROVING THE ASSIGNMENT OF LEASE AGREEMENT WITH ONESTI
ENTERTAINMENT CORPORATION FOR THE OPERATION OF THE DES PLAINES
THEATRE TO ONESTI DPT INC. Motion declared carried as approved unanimously under
Consent Agenda.
NEW BUSINESS
FINANCE & ADMINISTRATION – Alderman Zadrozny, Chair
WARRANT
REGISTER
Resolution
R-186-21
Alderman Zadrozny presented the Warrant Register.
Alderman Smith questioned the Elrod and Friedman billing; she also questioned what the
attorney fees were when the City had an in-house attorney.
Moved by Chester, seconded by Oskerka, to Approve the Warrant Register of
November 15, 2021 in the Amount of $3,088,302.07 and approve Resolution R-186-21.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
COMMUNITY DEVELOPMENT – Alderman Chester, Chair
CONSIDERATION
OF SUPPORTING
AND CONSENTING
TO THE APPROVAL
OF CLASS 6B
CLASSIFICATION
FOR THE
PROPERTY
LOCATED AT 25
HOWARD AVENUE
Resolution
R-187-21
Director of Community and Economic Development Carlisle reviewed a memorandum dated
November 4, 2021.
Applicant TMI Properties, LLC (TMI) is the contract purchaser of 25 Howard Avenue from
seller TMG Real Estate Holdings, LLC. The applicant is requesting a resolution supporting a
Cook County Class 6b Property Tax Incentive (6b), which is designed to encourage industrial
investment by reducing the assessment level of eligible properties for 12 years, with possible
renewal for an additional 12 years if supported by the City and approved by Cook County at
that time. This application is based on the eligibility criterion of substantial re-occupancy of
“abandoned” property. In general, “abandoned” means unused for at least 24 continuous
months; however, the City may find that a “special circumstance” exists whereby abandonment
does not require a 24-month period of full inactivity. The applicant seeks a special-
circumstance determination because the previous occupant, Montana Metals, has been winding
down operations since September 2021, when it auctioned off all assets at the subject property.
A notarized vacancy affidavit attests to complete vacancy of the property by November 15,
2021.
Page 5 of 16 11/15/21
The subject property consists of an approximately 97,567-square-foot industrial building on a
3.74- acre site. As the new owner, TMI plans to lease the property to two tenants, both currently
in Elk Grove Village: Jack Lewin Associates, Inc. (JLA) and Filtering Services, Inc. (FSI).
JLA will use their portion of the property for warehousing and distribution. Their business
involves container unloading/freight forwarding, e-commerce fulfillments, retail distribution,
warehousing, display-building, and the attendant transportation and logistics operations. FSI
is a distributor of commercial and industrial filtration products and services, such as HVAC,
compressed air, and oil/gas filtration. They also provide change-out services (i.e. changing
filters) for industrial and commercial facilities, contractors, hospitals, and public buildings.
TMI pledges a qualifying-improvement total cost of $564,908 over the life of the incentive.
Pledged improvements include $144,908 in recent interior office renovation (2020), $300,000
on façade work (new panels), $50,000 toward LED warehouse and exterior lighting, $40,000
on painting, and $30,000 on dock and exterior doors. The total pledged improvements amount
to only $5.79 per square foot, less than the $10 required by the City. However, the City Council
may grant a waiver, considering the notable investment in the property in 2018 and 2019 –
before the life of the proposed incentive – that included a new parking lot and substantial
façade work (total of more than $330,000). Further, the proposed tenants will collectively bring
60 full-time jobs initially to Des Plaines, with an additional 12 pledged over the next five years.
Consider that closing of former tenant Montana Metals was a loss of an estimated 57 jobs.
Summary of Tax Scenarios:
1. Estimated annual taxes for 10 years, as is (no improvements, no 6b, vacancy): $33,247
2. Estimated annual taxes for 10 years with proposed improvements with a 6b: $224,227
3. Estimated annual taxes for 10 years with proposed improvements without a 6b:
$560,561
The applicant asserts that Scenario No. 3. is not feasible because the sale of and future
investments in the property, occupancy by the proposed tenants, and jobs to be created rely on
the 6b.
The applicant projects that Scenario No. 2, which reflects 6b approval and all of the pledged
property investment, will result in $2,628,113 in greater property tax revenue over the 12-year
life of the incentive compared with Scenario No. 1, which assumes a vacant building and no
additional improvements.
Resident Walter Underwood does not believe the property meets the criteria for a Class 6B
Tax Incentive.
A representative of the applicant gave his opinion on why he believes the property should
qualify for a Class 6B Tax Incentive.
Moved by Brookman, seconded by Chester, to Approve the Resolution R-187-21, A
RESOLUTION SUPPORTING AND CONSENTING TO THE APPROVAL OF CLASS 6b
CLASSIFICATION FOR THE PROPERTY LOCATED AT 25 HOWARD AVENUE, DES
PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
CONSIDER
AMENDING THE
Director of Community and Economic Development Carlisle reviewed a memorandum dated
November 4, 2021.
Page 6 of 16 11/15/21
TEXT OF THE
ZONING
ORDINANCE
REGARDING OFF-
STREET PARKING
IN APPROVED
PLANNED UNIT
DEVELOPMENTS,
COLLECTIVE OFF-
STREET PARKING,
AND ELECTRIC
VEHICLE
CHARGING
PARKING SPACES
(CASE #21-038-TA)
Ordinance
Z-55-21
Collective and Shared Parking
The City Council is to consider Zoning Ordinance amendments related to multiple off-street
parking regulations. The following areas of the Ordinance are addressed: (1) Section 12-9-3 to
establish distance and context limitations to using a separate, privately owned zoning lot to
fulfill a portion of an off-street parking requirement; (2) Sections 12-13-3, 12-9-6, 12-11-5,
and 12-11-6 to establish definitions for electric vehicle charging spaces and supply equipment,
and to create allowances and limitations on quantity, location, dimensions, design, and signage;
and (3) Section 12-3-5 to allow existing PUDs to retrofit parking with accessible or electric
vehicle charging without requiring a Major Change process
In general, the City wants to foster the efficient use of land and to give businesses,
organizations, and developments flexibility in how they meet their off-street parking
requirements. The Zoning Ordinance, which establishes the City’s off-street parking rules,
currently attempts to make allowances for when a particular property does not have enough
on-site parking to accommodate a proposed use. While the most typical and preferred
arrangement is for each property to have enough parking on its own site for all uses served,
occasionally this is not feasible. Additionally, it is somewhat common that a.) uses within a
given area do not operate at the same time and b.) some parking facilities have excess spaces
beyond the requirements of the uses served. For these reasons the City tries not to turn away
potential users simply because the property they desire to occupy is deficient in on-site parking.
Therefore, in Section 12-9-3 the Ordinance provides for how uses can capitalize on shared or
off-site parking.
In summary, the recommended amendments do the following:
Clarify zoning administrator and City Council authority to approve shared or off-site
parking, depending on the process;
Rewords “reduction” in off-street parking requirement instead as a “fulfillment”;
Requires that shared parking agreements be kept current and filed with the Department
of Community and Economic Development; and
Reorganizes and adds to the limitations for when shared, off-site parking on privately-
owned zoning lots is possible. These are the proposed new limitations:
o The off-site parking must be within 1,000 feet of a non-residential use served
and 500 feet of a residential use served, excluding single-family attached and
detached homes from the allowance. The distance would be measured from
zoning lot line to zoning lot line; and
o Walking between any required off-site space to the use served cannot require
at-grade crossing of roadways classified by the Illinois Department of
Transportation as arterials, except for arterials in downtown Des Plaines and
other select corridors where there are ample signalized intersections and cross-
sections of road that are feasible to cross safely.
Electric Vehicle Charging Spaces
As electric vehicles (EV) become more common, the need for charging is increasing. While
some EV owners have a charging port at their homes, many do not, or they drive frequently
enough or for long enough durations and distances that they must charge away from home.
Commercial vehicles such as those used in freight and delivery are also becoming part of the
EV market. In fact, Des Plaines already has two charging spaces in a public lot at the northeast
corner of Ellinwood and Lee Street, adjacent to the library. Charging spaces that are generally
open to the public – whether on public or private property – usually operate on three models:
1.) Users pay to charge, either per unit of energy or based on a subscription; 2.) property owners
pay for the vendor for the charging equipment to attract or serve a market of customers or
employees who need EV charging; and/or 3.) charging is free or very low-cost because the
ports display advertisements.
Page 7 of 16 11/15/21
Attempting to address the reasonably foreseeable circumstances without over-regulating,
amendments are proposed that would do the following:
Establish term definitions in Section 12-13-13 for “Electric Vehicle Charging Space”
and “Electric Vehicle Supply Equipment,” with the latter covering charging ports and
all necessary structures adjacent to the charging spaces; The definition for “Electric
Vehicle Charging Space” allows these spaces to count for up to 5 percent of an off-
street parking minimum (e.g. one space within a 20-space requirement; 5 spaces within
a 100-space requirement; 10 spaces within a 500-space requirement), with no
limitation if the EV spaces are allocated from the supply beyond the requirement;
o The definition excludes private residential facilities so as not to affect those
who, for example, choose to install one EV charging space in their two-car
home garage. This is already allowed and is not intended to be changed.
Address in Section 12-9-6 where and how EV charging spaces may be marked within
parking facilities and limit the height of charging ports (maximum 8 feet), area of
identification signage (1.5 square feet), and reinforce landscaping requirements;
Amend Sections 12-11-5 and 12-11-6 to create a limited allowance for electronic
message board signs embedded within charging ports, with a maximum area of 6
square feet and copy limited to businesses for which the sign is intended; and
Carve out a “minor change” circumstance in 12-3-5 for PUDs when
repurposing/restriping parking spaces for EV charging or additional mobility impaired
accessible parking.
o The Illinois Accessibility Code changes from time to time, imposing greater
requirements
o Minor changes may be approved administratively, without a public hearing
and months-long public process. These amendments are designed to avoid an
onerous approval process for property owners/managers who chose to allocate
more accessible parking than is required.
On September 14, 2021, the PZB voted 6-0 to recommend approval of the portion of the
amendments related to electric vehicle charging. The Board continued the hearing to October
26, 2021, for additional research and revisions related to collective and shared parking. At the
continuation of the hearing, the Board voted 5-0 to recommend approval.
Moved by Brookman, seconded by Smith, to Approve the Ordinance Z-55-21 as amended with
staff making the appropriate changes that the parking distance be limited to 300 feet and the
300-foot distance from the main entrance of the building in use to the closest lot line of the
off-site parking be used, AN ORDINANCE AMENDING THE TEXT OF THE ZONING
ORDINANCE OF THE CITY OF DES PLAINES REGARDING OFF-STREET PARKING
IN APPROVED PLANNED UNIT DEVELOPMENTS, COLLECTIVE OFF-STREET
PARKING, AND ELECTRIC VEHICLE CHARGING PARKING SPACES (CASE #21-038-
TA).
Upon voice vote, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
Alderman Brookman expressed it was her understanding the Ordinance was supposed to be
voted on as two separate items, collective/shared parking and electric vehicle charging spaces,
since she believes the content is unrelated.
General Counsel Friedman stated per City Code, Ordinances cannot be divided unless
otherwise specified.
Page 8 of 16 11/15/21
Moved by Brookman, seconded by Smith, to Reconsider the Ordinance Z-55-21, AN
ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE CITY
OF DES PLAINES REGARDING OFF-STREET PARKING IN APPROVED PLANNED
UNIT DEVELOPMENTS, COLLECTIVE OFF-STREET PARKING, AND ELECTRIC
VEHICLE CHARGING PARKING SPACES (CASE #21-038-TA).
Upon roll call, the vote was:
AYES: 4 - Zadrozny, Brookman, Chester, Smith
NAYS: 3 - Lysakowski, Moylan, Oskerka
ABSENT: 1 - Ebrahimi
Motion declared carried.
Moved by Brookman, seconded by Smith, to Approve the Ordinance Z-55-21 as amended in
regards to the collective parking discussion, and to Deny and Table any proposed ordinances
related to electric vehicles, AN ORDINANCE AMENDING THE TEXT OF THE ZONING
ORDINANCE OF THE CITY OF DES PLAINES REGARDING OFF-STREET PARKING
IN APPROVED PLANNED UNIT DEVELOPMENTS, COLLECTIVE OFF-STREET
PARKING, AND ELECTRIC VEHICLE CHARGING PARKING SPACES (CASE #21-038-
TA).
Upon roll call, the vote was:
AYES: 2 - Brookman, Smith
NAYS: 5- Lysakowski, Moylan, Oskerka,
Zadrozny, Chester
ABSENT: 1 - Ebrahimi
Motion declared failed.
Moved by Brookman, seconded by Smith, to Defer the Ordinance Z-55-21 to direct staff to
make it two separate Ordinances, AN ORDINANCE AMENDING THE TEXT OF THE
ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING OFF-STREET
PARKING IN APPROVED PLANNED UNIT DEVELOPMENTS, COLLECTIVE OFF-
STREET PARKING, AND ELECTRIC VEHICLE CHARGING PARKING SPACES (CASE
#21-038-TA).
Upon roll call, the vote was:
AYES: 2 - Brookman, Smith
NAYS: 5- Lysakowski, Moylan, Oskerka,
Zadrozny, Chester
ABSENT: 1 - Ebrahimi
Motion declared failed.
Moved by Moylan, seconded by Lysakowski, to Approve the Ordinance Z-55-21 with the
original amendments regarding the off-street collective parking and with the electric vehicle
charging information unchanged, AN ORDINANCE AMENDING THE TEXT OF THE
ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING OFF-STREET
PARKING IN APPROVED PLANNED UNIT DEVELOPMENTS, COLLECTIVE OFF-
STREET PARKING, AND ELECTRIC VEHICLE CHARGING PARKING SPACES (CASE
#21-038-TA).
Upon roll call, the vote was:
AYES: 6 - Lysakowski, Moylan, Oskerka,
Zadrozny, Chester, Smith
NAYS: 0 - None
PRESENT 1 - Brookman
ABSENT: 1 - Ebrahimi
Motion declared carried.
CONSIDER
GRANTING A
Director of Community and Economic Development Carlisle reviewed a memorandum dated
October 28, 2021.
Page 9 of 16 11/15/21
CONDITIONAL USE
PERMIT AND
MAJOR
VARIATIONS FOR
THE OPERATIONS
OF A LIVERY
SERVICE USE AND
MAJOR
VARIATIONS AT
580 S. WOLF RD
Ordinance
Z-56-21
The petitioner is requesting the following items: (i) a Conditional Use as required by Section
12-7- 3(K) of the Zoning Ordinance to allow a livery service in the M-2 zoning district; (ii)
Major Variations from Section 12-10-8(A) to provide relief from the interior parking lot
landscaping requirements; (iii) a Major Variation from Section 12-10-8(B) to provide relief
from the perimeter parking lot landscaping requirements; (iv) a Major Variation from Section
12-10-10 to provide relief from the foundation landscaping requirements; and (v) a Major
Variation from Section 12-10-9 to provide relief from the landscape buffer requirements.
The petitioner, Transport Properties, LLC, has requested a Conditional Use for a Livery
Service Use and several variations for landscaping and screening at 580 S. Wolf Road. The
8.5-acre subject property is situated in between two separate railroads to its west and south,
and is within the M-2 General Manufacturing district, where a Livery Service is a conditional
use. The Plat of Survey shows a main building on the northeast side of the lot and multiple
other structures throughout the remainder of the site, most notably a concrete production tower
(“batch plant”). These are surrounded by paved, semi-paved, and gravel areas. Access to the
subject property is available off Wolf Road only. At one time, there was a southern access road
utilized off Thacker Street. However, this access point would be closed off and not be utilized
for this use.
The petitioner wishes to remove all structures on site with the exception of the existing main
building: a one-story warehouse building with the two-story attached office space located on
the northeast corner of the site and fill the remainder of the lot with 16 passenger vehicle and
236 bus parking. The petitioner wishes to utilize the existing 24,690-square-foot, one-story
warehouse portion of the building for bus maintenance and storage, and use the two-story
office portion (6,430-square foot first level and 2,433-square foot second level) of the building
for all office activities. The proposal does not include changes to the exterior of the building,
as the petitioner is interested in utilizing the existing doors, windows, building materials, and
finishes as indicated in the Building Plans. The petitioner’s proposal also includes site
improvements such as the addition of a new paved and striped parking area, landscaping along
the perimeter of the parking lot area, new interior parking lot landscape beds, new turf areas,
a 5,000-gallon fuel tank, and proposed screening with an eight-foot-tall fence around the entire
site. Staff has added a condition that the dumpster shall be stored inside the building except
during trash pickup days.
The proposed floor plan includes a 5,570-square-foot first-floor office area, 2,212-square-foot
second floor office area, an 8,407-square-foot service bay area, and a 15,568-square-foot bus
equipment and storage area, totaling 27,123 square feet. Note that the floor area calculation
excludes bathrooms, mechanical rooms, hallways, stairwells, and storage areas up to ten
percent of the entire
The initial tenant for the livery service, First Student, anticipates having approximately 150
school buses parked on the subject property with an additional 10-15 buses typically in service
for maintenance or repair. Roughly 20-25 office, dispatch, and maintenance employees will be
on the subject property during a.m. and p.m. shifts. For the a.m. shift, maintenance employees
arrive starting at 5 a.m., and shift bus drivers will arrive starting at 6:15 a.m. for 6:30 a.m.
departures. Bus service during the morning shift will be staggered starting at 6 a.m. and ending
around 9:30 am. The shift cross-over is between 11 a.m. and noon. For the p.m. shift, bus
service shift will be staggered starting at 1 p.m. with buses returning by 5:30 pm. Afternoon
shift workers will leave at 5:30 pm. A majority of the bus operations will occur during the
regular school year from mid-August through early June. However, roughly 20-25 buses will
be utilized during the summer months for the summer school season.
The petitioner submitted a traffic study by KLOA, Inc. to assess the anticipated impact of the
new livery service on the subject property and surrounding infrastructure. The traffic study
concludes that the anticipated traffic volumes of this use would be primarily generated outside
Page 10 of 16 11/15/21
of peak hours of adjacent roadway traffic on Wolf road. There were no concerns that the
existing access system is sufficient to handle the proposed livery service. However, it was
noted that “additional evaluation” should occur regarding the at-grade railroad crossing on
Wolf Road, just south of the entrance to the subject property (in other words, there is some
concern about bus queueing and backup around the tracks). It was suggested that bus routing
and/or departure time could be adjusted to limit the number of buses utilizing the railroad
crossing on Wolf Road—meaning that buses could be routed mostly to the north (left) when
leaving the property and would return from the same direction, generally avoiding the tracks.
Consider, however, that this would add to traffic that would likely come to the Golf-Wolf
intersection approximately a half-mile to the north.
Whether buses are required to come to a complete stop each and every time they cross the
tracks is a question the petitioner should be prepared to address. The PZB determined that a
routing plan shall be added to the submittal prior to consideration of the City Council to discuss
how the routing system works, how it responses to changing conditions, and how it is affected
by school bell times.
Regarding sound impacts, consider the proposed user (First Student) will consist of many
school vehicles that have an audible backing sound/beep. The petitioner writes that upon
returning to the facility each night, vehicles would be backed in, causing the concentration of
the sound to occur in mid-to-late afternoons instead of early in the morning. In addition, like
all vehicles, there is sound from engine start-up. Transport Properties would discourage First
Student from idling, except when required for vehicle maintenance.
The petitioner is also requesting several variations with the conditional use request regarding
landscape requirements. The original request included a variation to reduce the required
number of off-street parking spaces on the subject property from 31 to sixteen. However, as
stated above and noted in the Livery Service definition in Section 12-13-3 of the Zoning
Ordinance, the livery service use shall follow the parking regulation for offices to
accommodate employee, guest, and livery service related vehicle parking. This allows the
proposed bus parking spaces to be factored into the total off-street parking space calculation,
negating the need for a variation.
The petitioner has also requested several variations pertaining to landscape requirements. Due
to the nature of the use, the requested variations for relief from interior parking lot landscaping
requirements—specifically quantity of trees and location of landscape areas— could be
warranted based on design, as the request does intend to provide a substantial amount of
landscaping throughout the site where there is currently none. Conversely, perimeter parking
lot landscaping, landscape buffering, and foundation landscaping are paramount to bringing
the existing property closer to conformance with the Zoning Ordinance and are arguably
achievable given the layout of the subject property, the existing building, and the property’s
close proximity to single-family development on three of its four sides.
The PZB recommended (4-1) that the City Council approve the request with conditions via
Ordinance Z-56-21, which approves a conditional use and major variations, subject to the
following conditions.
Conditions of Approval:
1. That a public sidewalk is installed across the subject property’s frontage along Wolf
Road to the applicable specifications of the Des Plaines Municipal Code and additional
governmental agency regulations as necessary.
2. The dumpster shall be stored inside the building except during trash pickup days. If a
future trash enclosure is pursued, a building permit with plans for the dumpster
enclosure in compliance with Section 12-10-11 of the Zoning Ordinance shall be
submitted to staff.
Page 11 of 16 11/15/21
3. The Site Plan shall be revised to contain all required accessible parking spaces with
the required striping and dimensions and resubmitted at the time of building
permitting.
4. A Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance
shall be submitted to staff at time of building permit.
5. The use shall be monitored regularly for compliance with the Environmental
Performance Standards in Chapter 12 of the Zoning Ordinance, particularly regarding
sound/noise. Sufficient documentation regarding the proposed fuel tank shall be
submitted with the application for a building permit to suffice for a Fire and life safety
approval, pursuant to Sections 12-12-3 and 12-12-4.
6. Added by the PZB: The petitioner shall evaluate the travel paths of the school buses
to determine if there are any opportunities to reroute them and minimize the number
of buses that will travel to/from the south on Wolf Road and cross the railroad tracks.
7. Added by the PZB: The petitioner shall monitor the operations of the facility annually
after opening to determine if any adjustments to the routing and times of departure will
be necessary.
Representatives from Transport Properties and First Student gave an overview of what they
are proposing for the property, operations, and traffic consulting.
A representative from Lafarge Holcim gave an overview of former truck traffic for Meyer
Concrete.
The general manager from Lafarge Aggregates spoke regarding the current lease of the
property and the possible use of the site if the Ordinance is not approved.
Resident Bruce Ahlman discussed the issues the residents have had with the Meyer property
over the years. He mentioned the consent decree they previously obtained, and how it protected
the residents. He also discussed the regulations and current requirements by OSHA and EPA
for concrete operation and the teardown of a concrete plant. He also asked the City to protect
the neighborhoods no matter what business is located on this property.
Resident Marlen Garcia questioned the operations of the bus company on the weekends; she
also urged the City to look out for their residents. She mentioned how important the consent
decree is for the neighborhoods.
Alderman Brookman stated there is a possibility the consent decree may have been invalidated
when the zoning was changed for this property. Alderman Brookman asked Director of
Community and Economic Development Carlisle to look into this matter.
Resident Jim Murray laid out how he believes the traffic will be exacerbated by the buses
especially at high traffic times and when a there is train, due to the number of buses and the
time it takes for the buses to stop at the tracks.
Resident Walter Underwood stated how the dust issue from the property is unbearable. He also
mentioned how the train crossing will be a problem, and the traffic will be worse by adding a
large number of buses. He asked for a sound barrier to be added to protect the residents. He
questioned why the fuel tank for the bus company needs to be against the train tracks which
can be dangerous since objects can fall off the train or be dislodged by the train which could
hit the fuel tank; the container is also near houses causing a possible hazardous condition. He
questioned where all of the employees of the bus company will park.
Resident Artin Kendimian asked if this area is residential or industrial; he then questioned that
if it is industrial, why is there a park and a large number of homes in the same area.
Page 12 of 16 11/15/21
Moved by Zadrozny, seconded by Brookman, to Defer the Ordinance Z-56-21 to the next City
Council Meeting on December 6, 2021, AN ORDINANCE GRANTING A CONDITIONAL
USE PERMIT AND MAJOR VARIATIONS FOR THE OPERATIONS OF A LIVERY
SERVICE USE AND MAJOR VARIATIONS AT 580 S. WOLF ROAD, DES PLAINES, IL
Upon voice vote, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
CONSIDER
APPROVING
COMPLIANCE AND
TEMPORARY
ABEYANCE OF
ENFORCEMENT
AGREEMENT
BETWEEN THE
CITY OF DES
PLAINES,
PROMINENCE
HOSPITALITY
GROUP, AND
O’HARE REAL
ESTATE LLC AND
WAIVING A
CONDITION OF
FINANCIAL
INCENTIVE
CLOSING
Resolution
R-189-21
Director of Community and Economic Development Carlisle reviewed a memorandum dated
November 8, 2021.
The Holiday Inn Express and Suites hotel is at 3001 Mannheim Road in the Orchards at O’Hare
development. The hotel has been operating a commercial parking lot use, as defined in Section
12-13-3 of the Zoning Ordinance, since approximately mid-July 2021, when first documented
by City staff. Commercial parking was not one of the approved uses of the planned unit
development, the final plat for which was approved by Ordinance Z-18-16 and amended by
Ordinance Z-10-19. A commercial parking lot also requires a conditional use in the underlying
C-3 district. Therefore, its operation is a zoning violation.
Additionally, for property ownership to begin to receive financial incentives agreed upon in
the Redevelopment Agreement with the City, ownership has requested a waiver of a pre-
condition in the agreement. Citing the COVID-19 pandemic, ownership asks that the
requirement to produce a letter of intent (“LOI”) with a restaurant operator for development of
the “restaurant parcel” of the Orchards at O’Hare subdivision be waived. This waiver is related
only to the financial incentives. The compliance agreement stipulates ownership must continue
to market the site for restaurant development.
Recognizing the financial difficulties of the hotel operator, as well as the importance of the
overall health of the Orchards at O’Hare development to Des Plaines, the City is proposing a
formal agreement to suspend enforcement of the zoning violation for 12 months, through
November 15, 2022. This will allow the hotel in the immediate term to continue to operate the
commercial parking use, which consists of non-hotel visitors (typically O’Hare Airport
travelers) reserving a parking space through third-party apps and websites. The commercial
parking is providing an ancillary revenue stream to the hotel, the business for which was
significantly impacted by COVID-19. The property lies within the O’Hare Corridor Privilege
Area and is subject to a $1 per car daily parking tax, which has not been remitted to the City
for the duration of the non-permitted activity.
Therefore, the compliance agreement stipulates the following requirements for property
ownership:
Pay a $500 fine to settle the initial violation;
Pay $6,100 as an estimated amount of parking tax due to the City since July, then file
with the Finance Department to begin remitting the tax for future activity;
Apply for a Parking Lot Permit from the City as required by Section 7-7-2 of the City’s
Code of Ordinances and maintain the permit in good standing at all times when
conducting the Commercial Parking;
Confine the commercial parking activity to the hotel parcel and the restaurant parcel
in the development;
Prevent commercial parking from interfering with the parking needs of the hotel or
any other development and business activity within the Planned Development
Property, avoiding a parking shortage for any existing use within the development;
Page 13 of 16 11/15/21
Conduct commercial parking only on a hard, all-weather, dustless surface in
permanently striped parking spaces, with drive aisle widths and parking space
dimensions that comply with Section 12-9-6 of the Zoning Ordinance;
Maintain all portions of the Orchards at O’Hare development free of nuisances and
undue service demand from the City of Des Plaines, including but not limited to
property maintenance code enforcement and public safety (Police and Fire);
Continue to make all commercially reasonable and diligent efforts to identify and
pursue an entity to develop and operate a freestanding restaurant on the restaurant
parcel, as contemplated in the Redevelopment Agreement for Orchards at O’Hare; and
By February 15, 2022, apply to the Department of Community and Economic
Development to seek an amendment to the planned unit development for Orchards at
O’Hare and a conditional use for commercial parking.
Moved by Chester, seconded by Brookman, to Approve the Resolution R-189-21, A
RESOLUTION APPROVING COMPLIANCE AND TEMPORARY ABEYANCE OF
ENFORCEMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES,
PROMINENCE HOSPITALITY GROUP, AND O’HARE REAL ESTATE LLC AND
WAIVING A CONDITION OF FINANCIAL INCENTIVE CLOSING.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
PUBLIC SAFETY – Alderman Oskerka, Chair
CONSIDER A
RESOLUTION
APPROVING AN
INTERGOV
AGREEMENT
BETWEEN THE
VILLAGE OF
MOUNT PROPECT,
THE VILLAGE OF
ELK GROVE
VILLAGE, THE
CITY OF DES
PLAINES AND THE
ELK GROVE
RURAL FIRE
PROTECTION
DISTRICT FOR THE
COORDINATION,
PLANNING,
FUNDING AND
PROVISION OF
FIRE PROTECTION
AND EMERGENCY
MEDICAL
SERVICES TO
CERTAIN UNINC
AREAS IN COOK
COUNTY
City Manager Bartholomew reviewed a memorandum dated November 4, 2021.
The consideration is an intergovernmental agreement among the Village of Mount Prospect,
the Village of Elk Grove Village, the City of Des Plaines, and the Elk Grove Rural Fire
Protection District for the coordination, planning, funding, and provision of fire protection and
emergency medical services to certain unincorporated areas in Cook County.
The Elk Grove Fire Protection District (District) is responsible for providing fire and
emergency medical services for unincorporated properties within the Elk Grove Township.
The District covers several unincorporated areas between Elk Gove Village, Mount Prospect,
and Des Plaines; and has an annual call volume around 902 calls. Of 902 calls, 325 calls are
District calls in the unincorporated area and 577 are mutual aid calls in other municipalities.
The District has been operating in a structural deficit for the last several years.
After evaluating several options, the most practical long-term solution was an
intergovernmental shared services agreement with the City of Des Plaines, Elk Grove Village,
and the Village of Mount Prospect. An Intergovernmental Agreement has been drafted to
establish fire and EMS responsibilities of the three municipal fire departments, establish a
funding mechanism to fund these services, and outline the eventual wind down of the Elk
Grove Rural Fire Protection District.
Staff recommends that the City of Des Plaines enter into an intergovernmental agreement with
the above-mentioned agencies for the purposes set forth in the agreement.
Moved by Oskerka, seconded by Chester, to Approve the Resolution R-190-21, A
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
Page 14 of 16 11/15/21
Resolution
R-190-21
THE VILLAGE OF MOUNT PROPECT, THE VILLAGE OF ELK GROVE VILLAGE, THE
CITY OF DES PLAINES AND THE ELK GROVE RURAL FIRE PROTECTION DISTRICT
FOR THE COORDINATION, PLANNING, FUNDING AND PROVISION OF FIRE
PROTECTION AND EMERGENCY MEDICAL SERVICES TO CERTAIN
UNINCORPORATED AREAS IN COOK COUNTY.
Upon roll call, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
CONSIDER AN
ORDINANCE
AMENDING
CHAPTER 6 OF
TITLE 2 OF THE
CITY CODE OF THE
CITY OF DES
PLAINES
CONCERNING THE
BOARD OF FIRE
AND POLICE
COMMISSIONERS
Ordinance
M-14-21
City Manager Bartholomew reviewed a memorandum dated November 8, 2021.
The City Council is to consider approval of the proposed amendments to Title 2, Chapter 6 of
the City Code concerning the Board of Fire and Police Commissioners (BFPC).
This item was presented to the City Council for approval at the October 18, 2021 City Council
meeting for discussion and approval. Based on additional information requested by the City
Council, this item was deferred to a Committee of the Whole meeting to be held on November
4, 2021. Staff also attended the November 1, 2021 BFPC meeting to discuss the proposed
amendments that would be presented to the City Council for approval. Based on those
discussions held, and the meeting on the 4th being cancelled, staff presents the amendments to
the City Code as outlined below.
Over the past year, Staff has reviewed, evaluated the researched the current responsibilities
and powers of the Board of Fire and Police Commissioners (BFPC) set forth in Chapter 6 of
Title 2 of the City Code. In reviewing the code and evaluating the best practices set forth by
other area municipalities that pertain to responsibilities and powers of a BFPC, staff
recommends the changes as presented in the Ordinance.
The City established a BFPC in 1935. The powers and duties of the BFPC are outlined and
governed in Chapter 6 of the City Code. Their primary duties and powers, in brief, are to
conduct the process establishing a hiring list for City of Des Plaines Probationary Patrol
Officers and Probationary Firefighters; extend promotional examinations and establish lists for
commissioned ranks in the Fire and Police Department; and to conduct disciplinary hearings
if so elected under the Collective Bargaining Agreements.
The City of Des Plaines has home rule authority that allows the City to self-govern provided
that the State’s General Assembly did not explicitly limit that power or authority in a specific
area. The City has the right, under its home rule authority, to govern the rules and regulations
of the BFPC (unless explicitly limited by statute).
In reviewing the current Title 2 Chapter 6 of the City Code, staff identified the need to clarify
current practice in some sections of the Code as well as add additional language in other
sections based on best practices seen in other organizations. The following are the proposed
changes:
Section 2-6-1 A and B define the Board as the Board of Fire and Police Commissioners
and clarify the governance structure pursuant to the City Code, the City’s home rule
authority as well as the State Statues.
Section 2-6-1 A and B define the Board as the Board of Fire and Police Commissioners
and clarify the governance structure pursuant to the City Code, the City’s home rule
authority as well as the State Statues.
Page 15 of 16 11/15/21
Section 2-6-3 amends to clarify that the city attorney is the attorney for the BFPC and
the City Council may employ the attorney of its own choosing to represent the BFPC
in the event of a conflict of interest.
Section 2-6-4 provides additional language for Officers, Recordkeeping and Secretary
duties. The proposed changes allow the City Manager to designate a recording
secretary from City Staff. It further clarifies that this role will be responsible for taking
all meeting minutes and maintaining BEFC records and documentation. The City
Manager intends to designate the Human Resources Director in that role if the
amendments are approved. These changes will allow for Staff’s strictly controlled
access to pertinent employment documentation and the historical files of the
Commission.
o The City currently has a protected structure set-up to properly maintain this
confidential information, which is currently housed in Human Resources. All
information is behind a closed door, in locked cabinets and is properly
maintained by Human Resources Personnel only who are trained to manage
sensitive documentation.
o The City of Des Plaines and the BFPC is under the purview of the Freedom of
Information Act (FOIA) and the Personnel Records Review Act, which
requires certain documentation to be maintained and provided under strict
deadlines. Staff currently does not have regular access to historical files. This
is primarily due to the sensitive nature of much of the documentation
including, but not limited to, psychological and medical examinations, as well
as personal and identifiable information of employees and candidates like
home address and social security numbers.
Section 2-6-5 provides additional and clarification language over rules and meetings.
Staff has identified that the City Council has previously not exercised its home rule
authority concerning the adoption of rules governing the BFPC, and allowed the BFPC
to adopt and amend the Rules and Regulations that govern their body without prior
review and consent by Council. The recommended amendments to the Ordinance
provide the City Council the ability to approve the BFPC rules. The rules will continue
to be prepared by the BFPC for City Council consideration.
Staff recommends the City Council approve Ordinance M-14-21, which amends the City Code
concerning the Board of Fire and Police Commissioners.
D. Michael Albrecht, Chairman of the Board of Fire and Police Commissioners, stated that the
City should be proud that the Des Plaines Fire and Police Departments are destination
departments. He also stated the Board of Fire and Police Commissioners worked together with
the City staff to produce the Ordinance, and they are looking forward to continue working
together.
Moved by Chester, seconded by Brookman, to Approve the Ordinance M-14-21, AN
ORDINANCE AMENDING CHAPTER 6 OF TITLE 2 OF THE CITY CODE OF THE CITY
OF DES PLAINES CONCERNING THE BOARD OF FIRE AND POLICE
COMMISSIONERS.
Upon voice vote, the vote was:
AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
Advanced to Second Reading by Brookman, seconded by Moylan, to Adopt the Ordinance
Page 16 of 16 11/15/21
M-14-21, AN ORDINANCE AMENDING CHAPTER 6 OF TITLE 2 OF THE CITY CODE
OF THE CITY OF DES PLAINES CONCERNING THE BOARD OF FIRE AND POLICE
COMMISSIONERS.
Upon roll call, the vote was:
AYES: 7- Lysakowski, Moylan, Oskerka, Zadrozny,
Brookman, Chester, Smith
NAYS: 0 - None
ABSENT: 1 - Ebrahimi
Motion declared carried.
ADJOURNMENT Moved by Brookman, seconded by Smith to adjourn the meeting. The meeting adjourned at
9:43 p.m.
Jessica M. Mastalski – City Clerk
APPROVED BY ME THIS
DAY OF , 2021
Andrew Goczkowski, MAYOR
OFFICE OF the MAYOR
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5301
desplaines.org
Date: November 24, 2021
To: Aldermen
Cc: Michael G. Bartholomew, City Manager
From: Andrew Goczkowski, Mayor
Subject: Commission Appointment
Appointment Expires
Youth Commission
Maria Rosa Cullotta 09/04/2024
MEMORANDUM
Page 1 of 2
APPOINTMENT
Page 2 of 2
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, MCP, LEED AP, City Manager
From: John T. Carlisle, AICP, Director of Community & Economic Development
Jonathan Stytz, Planner
Subject: Revised Zoning Text Amendments Regarding Collective and Shared Off-Street Parking,
Electric Vehicle Charging in Off-Street Parking Areas, and Parking Changes within Existing
Planned Unit Developments (PUDs)
Update: At the November 15, 2021, City Council meeting, the Council voted to approve the proposed
amendments within Ordinance Z-55-21 as revised. If approved, the revised portion would be inserted into the
Zoning Ordinance under Section 12-9-3.B to read:
2.Any required parking spaces in the separate zoning lot are within 300 feet of the use
served, measured from the main entrance of the use and the nearest point of the separate
zoning lot.
The 300-foot distance would apply for all uses and the stated distance measurement method reflects
the Council’s motion.
Issue: Consider Zoning Ordinance amendments related to multiple off-street parking regulations. The
following areas of the Ordinance are addressed: (1) Section 12-9-3 to establish distance and context limitations
to using a separate, privately owned zoning lot to fulfill a portion of an off-street parking requirement; (2)
Sections 12-13-3, 12-9-6, 12-11-5, and 12-11-6 to establish definitions for electric vehicle charging spaces
and supply equipment, and to create allowances and limitations on quantity, location, dimensions, design, and
signage; and (3) Section 12-3-5 to allow existing PUDs to retrofit parking with accessible or electric vehicle
charging without requiring a Major Change process.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #21-038-TA
Project Summary: The City of Des Plaines is applying for various zoning text amendments to
address off-street parking issues that have arisen during 2021.
Page 1 of 47
UNFINISHED BUSINESS #1.
Collective and Shared Parking
In general, the City wants to foster the efficient use of land and to give businesses, organizations, and
developments flexibility in how they meet their off-street parking requirements. The Zoning Ordinance, which
establishes the City’s off-street parking rules, currently attempts to make allowances for when a particular
property does not have enough on-site parking to accommodate a proposed use. While the most typical and
preferred arrangement is for each property to have enough parking on its own site for all uses served ,
occasionally this is not feasible. Additionally, it is somewhat common that a.) uses within a given area do not
operate at the same time and b.) some parking facilities have excess spaces beyond the requirements of the
uses served. For these reasons the City tries not to turn away potential users simply because the property they
desire to occupy is deficient in on-site parking. Therefore, in Section 12-9-3 the Ordinance provides for how
uses can capitalize on shared or off-site parking. The existing rules first introduce general circumstances for
when one parking facility can serve multiple uses (12-9-3.A) and then introduces 12-9-3.B., C., and D., which
establish parameters for required parking spaces on a separate property from the particular use they serve.
Sub-section B refers to privately owned parking and properties, sub-section C addresses publicly owned
parking (e.g. a City-owned parking lot or garage), and sub-section D refers to instances of vacancy that leads
to all or a portion of parking going unused.
Earlier in 2021, a conditional use petitioner sought to utilize allowances of sub-section B. The subject property
was deficient per the baseline requirement of Section 12-9-7. Beyond day-to-day activities addressed by
Section 12-9-7, the use was expected to have well-attended meetings when demand for parking would far
exceed the baseline requirement. The petitioner submitted multiple draft shared parking agreements to
demonstrate that parking spaces would be available to them at other properties in the same neighborhood.
However, these properties lay on the other side of busy roads and intersections, and the walking path to the
entrance of the proposed use would not have been linear or convenient from the majority of the proposed off-
site parking. The City Council chose to deny the conditional use and then instructed staff and the Planning &
Zoning Board (PZB) to study amendments that would prevent future protracted considerations of generally
unworkable shared parking arrangements. The Council’s intent is not to eliminate the potential for
requirements to be met through off-site or shared parking agreements. However, the Council suggests that a
minimum distance, similar to other communities, be established, as well as other common-sense limitations.
As part of research for the draft amendments, staff sought assistance from the Northwest Municipal
Conference (NWMC), which distributed survey questions to other communities. Staff summarized the
responses for inclusion in this report to support the rationale for the proposed amendments. At the
September 14, 2021 public hearing, the PZB asked staff to research additional communities beyond those
surveyed, specifically Arlington Heights and Palatine. Staff conducted this research and added these to the
table on the following page. The PZB gave feedback, also, that the 300-foot distance initially proposed was
too restrictive. In the Board’s opinion, the measurement method initially proposed – from the main entrance
of the use served to the off-site parking spaces – may be difficult or complicated to review and enforce.
Members proposed a simpler lot-line-to-lot-line measurement method, which is used in other contexts in the
Zoning Ordinance. In addition, the Board recommended that based on research of additional communities, it
would be appropriate to distinguish between types of uses when setting the distance. They continued the
hearing to October 26, 2021, when staff returned with additional research and revised amendments. Finally,
to understand how the allowance is working in practice in Des Plaines, the Board requested to see an
agreement that had been somewhat recently executed. The agreement is Attachment 2.
Page 2 of 47
Table. Research of Shared Parking Allowances in Other Communities’ Zoning Ordinances.
MUNICIPALITY MAXIMUM
DISTANCE FOR
SHARED
PARKING
METHOD FOR
MEASURING
DISTANCE
OTHER
CONSIDERATIONS
Arlington Heights
(added for October
26, 2021
consideration)
Not allowed for
lower-density
residential; 300 feet
for “transient
hotels”; 500 feet for
higher-density
residential; 1,000
feet for business
and manufacturing
Walking distance
between the space on
the separate lot and the
main entrance of the use
served
None.
Palatine
(added for October
26, 2021
consideration)
Not allowed for
single- and two-
family dwellings;
200 feet for
multifamily; 800
feet for business,
manufacturing in
non-residential
district
Straight line from
nearest point of the
parking area to the
nearest entrance of the
use served
None.
Lincolnwood 300 feet Walking distance Must be located on a lot owned
or leased by the owner or lessee
of the lot for which the parking
spaces are required.
Morton Grove 300 feet Straight line between
property boundaries
Can account for 15 to 35
percent of the parking minimum
for a use, depending on
circumstances.
Mount Prospect 1,000 feet Straight line between
property boundaries
None.
Niles 300 feet Straight line between
property boundaries
Can account for up to 20
percent of the parking minimum
for a use, depending on
circumstances.
Park Ridge 300 feet Not specified The off-site parking spaces
must be under the same
ownership of the subject
property of the use utilizing the
off-site parking.
Page 3 of 47
The City Council considered the matter at its November 16, 2021, meeting and decided via motion to revise
the amendments back to a 300-foot distance and to change the measurement method: Measure from the
main entrance of the use served to the nearest point of the zoning lot for the separate, off-site parking area.
In summary, the revised amendments do the following:
• Clarify zoning administrator and City Council authority to approve shared or off-site parking,
depending on the process;
• Reword “reduction” in off-street parking requirement instead as a “fulfillment”;
• Require that shared parking agreements be kept current and filed with the Department of Community
and Economic Development; and
• Reorganize and add to the limitations for when shared, off-site parking on privately-owned zoning
lots is possible.
Electric Vehicle Charging Spaces
On October 18, 2021, the City Council adopted the Chicago Region’s Climate Action Plan and joined the
Metropolitan Mayors Caucus’ Greenest Region Compact. This action signals affirmation for the consideration
of policy changes that will lead to greater environmental sustainability. One component is decarbonizing
transportation and reducing emissions. The conversion to electric vehicles from traditional engines that
require combustible fossil-fuel products is one action being taken around the world.
As electric vehicles (EV) become more common, the need for charging is increasing. While some EV owners
have a charging port at their homes, many do not, or they drive frequently enough or for long enough durations
and distances that they must charge away from home. Commercial vehicles such as those used in freight and
delivery are also becoming part of the EV market. Charging spaces and their attendant equipment are now
present throughout the Chicago region in public and private parking lots and garages. In fact, Des Plaines
already has two charging spaces in a public lot at the northeast corner of Ellinwood and Lee Street, adjacent
to the library. Charging spaces that are generally open to the public – whether on public or private property –
usually operate on three models: 1.) Users pay to charge, either per unit of energy or based on a subscription;
2.) property owners pay for the vendor for the charging equipment to attract or serve a market of customers
or employees who need EV charging; and/or 3.) charging is free or very low-cost because the ports display
advertisements. See Attachment 4 for photos.
However, earlier this year staff received a building permit application to install four charging spaces and
equipment at Metropolitan Square, specifically adjacent to Shop and Save and Fifth Third Bank. Staff has
denied this permit for now because the proposed change a.) requires currently open, unreserved parking to be
repurposed as parking reserved for charging EVs only and b.) the proposed change would reduce the number
of parking spaces in a Planned Unit Development, which per 12 -3-5 qualifies as a “Major Change,”
necessitating a public hearing, City Council approval, and the formal altering of the Final Plat of PUD.
Staff sought assistance from NWMC, which provided prior survey results for zoning rules in nearby
communities. The Village of Schaumburg had the most thorough set of regulations, and their definitions
served as the basis for these amendments. Further, The Great Plains Institute, a reputable nonprofit
organization working to further renewable energy, published Summary of Best Practices in Electric Vehicle
Ordinances1, which provided an array of options. Attempting to address the reasonably foreseeable
circumstances without over-regulating, amendments are proposed that would do the following:
1 BetterEnergy.org (June 2019). Available at: https://www.betterenergy.org/wp-
content/uploads/2019/06/GPI_EV_Ordinance_Summary_web.pdf
Page 4 of 47
• Establish term definitions in Section 12-13-13 for “Electric Vehicle Charging Space” and “Electric
Vehicle Supply Equipment,” with the latter covering charging ports and all necessary structures
adjacent to the charging spaces; The definition for “Electric Vehicle Charging Space” allows these
spaces to count for up to 5 percent of an off-street parking minimum (e.g. one space within a 20-space
requirement; 5 spaces within a 100-space requirement; 10 spaces within a 500-space requirement),
with no limitation if the EV spaces are allocated from the supply beyond the requirement;
o The definition excludes private residential facilities so as not to affect those who, for example,
choose to install one EV charging space in their two-car home garage. This is already allowed
and is not intended to be changed.
• Address in Section 12-9-6 where and how EV charging spaces may be marked within parking
facilities and limit the height of charging ports (maximum 8 feet), area of identification signage (1.5
square feet), and reinforce landscaping requirements;
• Amend Sections 12-11-5 and 12-11-6 to create a limited allowance for electronic message board signs
embedded within charging ports, with a maximum area of 6 square feet and copy limited to businesses
for which the sign is intended; and
• Carve out a “minor change” circumstance in 12-3-5 for PUDs when repurposing/restriping parking
spaces for EV charging or additional mobility impaired accessible parking.
o The Illinois Accessibility Code changes from time to time, imposing greater requirements
o Minor changes may be approved administratively, without a public hearing and months-long
public process. These amendments are designed to avoid an onerous approval process for
property owners/managers who chose to allocate more accessible parking than is required.
The following images illustrate a permit application received by staff.
Proposed charging ports at Metropolitan Square. Not to scale.
Proposed reserved sign at Metropolitan
Square. Not to scale.
Page 5 of 47
Proposed Amended Sections
All proposed amendments related to shared parking are contained in Attachment 1, and all proposed
amendments related to electric vehicle charging are contained in Attachment 3. Additions are bold, double-
underline. Deletions are struck through. Amended sections are provided with some surrounding,
unamended text for context.
Findings of Fact: Standards for Zoning Text Amendments
The following is a discussion of standards for zoning amendments from Section 12-3-7.E of the Zoning
Ordinance. Rationale for how the proposed amendments would satisfy the standards is provided, and the PZB
accepted this rationale as its basis for recommendations.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the
comprehensive plan, as adopted and amended from time to time by the City Council;
The Comprehensive Plan calls for improving traffic flow, circulation, and parking (Goal 3.3). The
amendments to add parameters for shared parking would improve the existing situation and consider
circulation and flow not only for vehicles but also for pedestrians.
The Plan does not mention electric vehicles specifically but does call for a “modern” network, which would
include electric vehicle charging infrastructure. In addition, while not in the Comprehensive Plan, the City
has adopted the Chicago region’s Climate Action Plan and signed on to the Greenest Region Compact of
the Metropolitan Mayors Caucus.
2. Whether the proposed amendment is compatible with current conditions and the overall character
of existing development;
The amendments make future parking proposals more compatible with the character and nature of Des
Plaines than the current rules provide. The proliferation of electric vehicles is already observable within
Des Plaines and the Chicago region, and is expected to grow. The amendments contemplate providing
supportive infrastructure for this expansion.
3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and
services available;
The amendments related to shared parking consider the classification and design of roadways as to the
degree they serve as a barrier between uses and required parking spaces. Related to electric vehicles, the
amendments protect against publicly-owned facilities becoming overrun with EV charging by capping their
number at five percent of the total number of spaces in the facility.
4. Whether the proposed amendment will have an adverse effect on the value of properties throughout
the jurisdiction; and
The proposed amendments, if they have any impact, are likely to improve property values by fostering a
reasonable way to meet off-street parking requirements, as well as offering additional flexibility among
property owners in how to allocate parking.
5. Whether the proposed amendment reflects responsible standards for development and growth
The amendments are based in thoughtful, well-researched considerations of trends in development in other
communities and the region overall. The amendments respond to issues encountered by the City.
Page 6 of 47
PZB Recommendation and City Council Action: Under Section 12-3-7 of the Zoning Ordinance, the PZB
may recommend that the City Council approve, approve with modifications, or deny the above-mentioned
amendments. On September 14, 2021, the PZB voted 6-0 to recommend approval of the portion of the
amendments related to electric vehicle charging. The Board continued the hearing to October 26, 2021, for
additional research and revisions related to collective and shared parking. At the continuation of the hearin g,
the Board voted 5-0 to recommend approval.
City Council has final authority on the proposal, which would be enacted through attached Ordinance Z-55-
21. The Council may take a motion to approve the ordinance as presented, approve as revised, or to deny.
Attachments:
Attachment 1: Proposed amendments related to shared parking
Attachment 2: An agreement for Boston Fish Market at 1225 Forest to utilize parking at Aldi at 1365 Lee
Attachment 3: Proposed amendments related to electric vehicle charging, parking modifications within PUDs
Attachment 4: Photos of electric vehicle charging spaces
Attachment 5: Excerpt from minutes of the September 14, 2021 PZB meeting
Attachment 6: Excerpt from draft minutes of the October 26, 2021 PZB meeting
Attachment 7: Letter from PZB Chairman Jim Szabo regarding amendment consideration at both meetings
Ordinance Z-55-21
Page 7 of 47
12-9-3: COLLECTIVE PARKING:A.Off street parking facilities for separate uses may be provided collectively if the totalnumber of spaces so provided collectively is not less than the sum of the separaterequirements for each such use, and provided further, that such collective facilitiesmeet all regulations governing location of accessory parking spaces in relation to theuse served.B.The zoning administrator for permitted uses or the City Council in all other casesmay authorize a up to thirty three percent (33%) reduction of the required off
street parking to be fulfilled on a separate, privately owned zoning lot totalnumber of required parking spaces for two or more uses jointly providing off streetparking when all of the following are met:
1.The parking spaces utilized on the separate zoning lot are in excess of the
total requirement for all uses that occupy that lot, or the parties have
provided to the zoning administrator or City Council sufficient data to
indicate there is not a substantial conflict in the hours of operation of all of
the uses;
2.Any required parking spaces in the separate zoning lot are within 300 feet of
the use served, measured from the main entrance of the use served to the
nearest point of the separate zoning lot;
3.Pedestrian travel between the separate zoning lot and the use served does
not require at-grade crossings of roadways classified by the Illinois
Department of Transportation as arterials, except for Lee Street between
Brown Street and Thacker Street, Graceland Avenue between Jefferson
Street and Thacker Street, Miner Street between Graceland Avenue and
River Road, Dempster/Thacker Street between Wolf Road and River Road,
Algonquin Road between Wolf Road and River Road, and Oakton Street
between Lee Street and River Road; and4.A legal agreement approved by the city attorney guarantees that the parking
spaces on the separate zoning lot shall be maintained so long as the uses
requiring parking are in existence or unless the required parking is
provided elsewhere in accordance with this chapter. The written agreement
must also be recorded by the property owners with the county recorder’s
office. The agreement will be kept current and a copy maintained on file with
the City’s department of community and economic development. Theproperty owners involved in the joint use off street parking facility shall provide,to the zoning administrator:
Attachment 1 Page 8 of 47
1. Sufficient data to indicate that there is not a substantial conflict in the principal hours of operation of the uses; and 2. A legal agreement approved by the city attorney guaranteeing that the parking spaces shall be maintained so long as the uses requiring parking are in existence or unless the required parking is provided elsewhere in accordance with this chapter. The instrument shall also be recorded by the property owners with the county recorder’s office. C. The zoning administrator for permitted uses or the City Council in all other cases may allow, in his sole discretion, reduce the total number of the required off street parking requirement spaces for any use in a non-residential district to be met via a
publicly owned or operated facility, if the owner or operator of that use enters into an easement, lease, license or other form of legal agreement with the City of Des Plaines or any other government entity that owns or operates the an off street parking facility. Such parking use agreement, or a summary memorandum thereof, shall be in a form acceptable to the City and be recorded against the property index numbers (PINs) for the parcel on which the off street parking facility is located and the parcel that will receive the right to use the parking spaces. The zoning administrator shall ensure that the off street parking spaces identified in the parking use agreement are open and available during the periods described in the parking use agreement. Such public off street parking facility may be located no more than 1,000 feet of the main entrance of the parcel requesting the right to use the parking spaces.
The parking use agreement shall be kept current and a copy maintained on file
with the City’s department of community and economic development. D. In instances when a principal building is not fully occupied and contains parking spaces in excess of minimum number of spaces required by the building’s current occupancy, the zoning administrator for permitted uses or the City Council in all other
cases may in his sole discretion, allow the owner of the parcel to enter into an easement, lease, license or other form of legal agreement with the owners or occupants of nearby parcels seeking to use the parcel’s excess parking capacity, so long as the following conditions are met: 1. In no event may any parcel be used as a commercial parking lot open to the general public pursuant to a parking use agreement described in this section unless it has received all necessary approvals required by the Zoning Ordinance. 2. The parking use agreement may not exceed a month to month tenancy or use period to allow for its prompt termination in the event the parcel providing the excess parking increases its occupancy and its corresponding need for off street parking. 3. No more than 33 percent of the total parking spaces on a parcel may be allocated for use by off-site users on a temporary basis. 4. The place of business or operation using the interim parking spaces may be located no more than 1,000 feet from the parcel providing the excess spaces.
Attachment 1 Page 9 of 47
5. The parking agreement shall be kept current and a copy maintained on file with the City’s department of community and economic development. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-3-20, 1-6-2020) ###
Attachment 1 Page 10 of 47
After Recording Return To:
David T. Arena
DiMonte & Lizak, LLC
216 W. Higgins Road
Park Ridge, Illinois 60068
Prepared By:
David T. Arena
DiMonte & Lizak, LLC
216 W. Higgins Road
Park Ridge, Illinois 60068
111111111111111
Doc#: 1630846049 Fee: $48.00
RHSP Fee:$9.00 RPRF Fee: $1.00
Karen A.Yarbrough
Cook County Recorder of Deeds
Date: 11/04/2015 02:52 PM Pg: 1 of B
Above This Line For Recording Data]
LICENSE AGREEMENT
Legal Description:
THAT PART OF THE SOUTH 1/3 OF THE NORTH WEST 1/4 OF THE SOUTH EAST 1/4 OF
SECTION 20, TOWNSHIP 4I NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING WEST OF WISCONSIN CENTRAL RAILROAD AND EXCEPTING THEREFROM THAT
PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
SOUTH LINE OF SAID QUARTER QUARTER SECTION, WITH THE EAST LINE OF LEE STREET
SAID POINT BEING 5M FEET EAST OF THE SOUTH WEST CORNER OF SAID QUARTER
QUARTER SECTION); THENCE NORTH 03 DEGREES 16 MINUTES 40 SECONDS EAST ALONG
SAID EAST LINE OF LEE STREET, 9.015 FEET TO AN INTERSECTION WITH A LINE 9.0 FEET
AS MEASURED AT RIGHT ANGLES) NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID QUARTER. QUARTER SECTION; THENCE DUE EAST ALONG SAID LAST DESCRIBED
PARALLEL LINE, 546.92 FEET TO A POINT OF CURVE; THENCE NORTH EASTERLY ALONG A
CURVED LINE, CONVEXED TO THE SOUTH EAST, HAVING A RADIUS OF 24.0 FEET AND
BEING TANGENT TO THE LAST DESCRIBED LINE AT THE LAST DESCRIBED POINT, AN ARC
DISTANCE OF 26.27 FEET TO A POINT OF REVERSE CURVE; THENCE NORTH EASTERLY,
EASTERLY AND SOUTHERLY ALONG A CURVED LINE, CONVEXED TO THE NORTH,
HAVING A RADIUS OF 48.0 FEET AND BEING TANGENT TO THE LAST DESCRIBED CURVED
LINE AT THE LAST DESCRIBED POINT, AN ARC DISTANCE OF 127.94 FEET TO AN
INTERSECTION WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION; THENCE
DUE WEST ALONG THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 659.43 FEET TO
THE PLACE OF BEIGINNING, IN COOK COUNTY, ILLINOIS, ALSO EXCEPTING THE WEST 5
FEET OF THE SOUTH 1/3 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 20,
TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
PIN: 09-20-400-019-0000
Conunon Address: 1365 Lee Street, Des Plaines, Illinois 60018
CCRD REVIEWER P_________ Attachment 2 Page 11 of 47
LICENSE AGREEMENT
ALDI INC., an Illinois corporation, the principal office of which is located at 1200
North Kirk Road, Batavia, Illinois 60510, Attention: Director of Real Estate ("Aldi"),
hereby grants to BOSTON FISH MARKET, INC., an Illinois corporation, having an
address of 1225 East Forest Avenue, Des Plaines, Illinois 60018 ("Boston"), a
revocable, non-exclusive license ("License") to enter upon land located at 1365 Lee
Street, Des Plaines, Illinois 60018 and generally depicted on Exhibit A attached hereto
the "Property"), subject to the terms and conditions hereof, for the purpose of Boston's
employees and invitees to have the ability to park in the 25 parking spaces located
within the Property's parking lot depicted as parking spaces 1 through 25 on Exhibit A
the "Licensed Parking Area") (hereafter called the "Licensed Activity"). Boston shall
have the right to perform the Licensed Activity between the hours of 11 am and 10pm,
Monday through Saturday.
The License shall commence on October 1, 2015 and expire September 30,
2016 (the "License Term"). Aldi may revoke the License prior to the expiration of the
License Term (as it may have been previously extended) by providing at least 30 days'
advance written notice to Boston at Boston's address set forth above.
Boston is hereby granted 4 successive options (individually, an "Option") to
extend the License Term for additional periods of 1 year each (each, an "Option
Period") on the terms and conditions set forth herein. Each Option shall be exercised
if at all) upon written notice delivered to Aldi at the address set forth above by Boston
not less than 120 days before the expiration of the License Term (as it may have been
previously extended).
Commencing on October 1, 2015, Boston shall pay to Aldi a license fee for the
Licensed Parking Area during the License Term (the "License Fee") as set forth below:
License Term Annual License Fee Monthly License Fee
Year 1 6,000.00 500.00
Option Periods
Year 2 6,600.00 550.00
Year 3 7,260.00 605.00
Year 4 7,986.00 665.50
Year 5 8,784.60 732.05
The License Fee shall be payable in equal monthly installments on the first day
of each month. All checks for the License Fee are to be made payable to the order of
Aldi at Aldi's address above.
Boston's right to perform the Licensed Activity is limited to Boston's employees
and invitees, and Boston's employees and invitees may only park in the Licensed
Parking Area for the purpose of attending work and dining at Boston's seafood
restaurant. All Licensed Activity shall be conducted in a manner that minimizes any
Attachment 2 Page 12 of 47
disruption to the Property and the activities of Audi and Aldi's customers. Boston
employees and invitees shall not leave their vehicles overnight and must not use the
Licensed Parking Area for any other reason, including but not limited to advertising said
employees' or invitees' cars for sale. If vehicles parked by Boston's employees or
invitees remain in the Licensed Parking Area after 11:00 pm any night or following the
expiration of the License Term, Aldi may tow all such vehicles at the expense of such
vehicle owners.
During the License Term, Boston snail be responsible for removing all trash,
rubbish, and debris from the Licensed Parking Area each morning, Monday through
Saturday and on Sunday (if Boston is open for business), by 9am.
Boston shall be liable for all damages to the Property, to Aldi and to Aldi's
customers resulting from the Licensed Activity. Upon demand, Boston shall reimburse
Aldi for the cost of repair of the Property or any other damages incurred resulting from
Boston's use of the License. Boston agrees to indemnify and hold Aldi harmless from
and against all claims arising from any acts or omissions of Boston and/or Boston
employees while on the Property. Boston agrees to maintain insurance coverages in
the types and amounts set forth on Exhibit B. Boston shall add Aldi as an additional
insured under all such insurance as of October 1, 2015.
This License Agreement shall be binding upon and shall inure to the benefit of
the successors and assigns of the parties. Boston shall not have the right to assign the
License without the prior written consent of Aldi, which shall be granted or withheld in
Aldi's sole and absolute discretion.
This License Agreement may be executed in several counterparts, each of which
may be deemed an original, and all of such counterparts together shall constitute one
and the same License Agreement. This License Agreement may be executed by
facsimile or electronic signature.
Signature page follows]
Attachment 2 Page 13 of 47
IN WITNESS WHEREOF, Aldi and Boston have caused their duly authorized
representatives to execute and deliver this License Agreement on the dates indicated
below.
ALDI INC.,
an Illinois corporation
By: Laura Branneman
Its: Vice President
Date:
BOSTON FISH MARKET, INC.,
an Illinois corporation
Its: r''R c.,Icteml
Date: 10 -ao - 15
Attachment 2 Page 14 of 47
Exhibit A
tivIckytN. ft*sh, tkitatiket
Attachment 2 Page 15 of 47
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CERTIFICATE OF LIABILITY INSURANCE
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Attachment 2 Page 16 of 47
12-3-5: PLANNED UNIT DEVELOPMENTS:
1."Major Changes": Changes which alter the concept or intent of the planned unit
development such as the following:
a.Any increase in density.
b.Any reduction in the dimension or number of off street parking and/or loading
spaces, except when the reduction provides additional mobility impaired accessible
parking or electric vehicle charging spaces, and the facility, after the reduction, will
fully comply with the parking requirements set forth in Chapter 9: Off Street Parking
and Loading Facilities.
c.Any change in location and types of nonresidential land uses.
d.Any reduction of an amount of common open space, landscaping, or buffering.
e.Any changes in proportion of housing types.
f.Any changes in road standards.
g.Any changes in final governing agreements, provisions or covenants.
h.Any significant change to exterior elevations of buildings which alter rooflines,
building materials, approved color schemes, height of buildings, or result in a significant
change in architectural style.
Said changes shall require the submission by the applicant of a new application that shall
be processed and approved in the same manner as required of an original application.
2."Minor Changes": Minor changes are modifications that are not defined as major
changes and do not alter the concept or intent of a planned unit development. The director
of community and economic development may approve minor changes that meet the
criteria set forth in this subsection through an administrative adjustment process without
the approval of the city council. The director of community and economic development
shall report the proposed minor changes to the council in writing through the city manager.
3.Recording Of Changes: All changes to the final plat shall be recorded with the county
recorder's office as amendments to the final plat, or reflected in the recording of a new
corrected final plat.
H.Schedule: The city council shall consider revocation of the planned unit development
if construction falls more than 18 months behind the construction schedule filed with the
final plat. The developer shall be notified at least ninety (90) days preceding any revocation
proceeding. The city council may, upon request, modify the recorded construction schedule
of a planned unit development. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-7-04, 1-19-2004; Ord.
Z-27- 05, 11-21-2005; Ord. Z-8-13, 4-1-2013; Ord. Z-11-15, 5-18-2015; Ord. Z-29-15, 10-5-
2015; Ord. Z-22-16, 9-6-2016; Ord. Z-29-16, 12-5-2016; Ord. Z-30-16, 12- 5-2016; Ord. Z-
13-19, 6-3-2019; Ord. Z-15-20, 6-1-2020)
Attachment 3 Page 17 of 47
12-9-6: SPECIFICATIONS FOR OFF STREET PARKING AND OUTSIDE STORAGE AREAS:
E. Reserved. Electric vehicle charging spaces: Electric vehicle charging spaces are
subject to the same dimension and setback requirements as all other parking spaces;
provided, however, that mobility impaired accessible parking shall have priority
over electric vehicle charging in proximity and accessible routes to building
entrances. A mobility impaired accessible parking space may also serve as an
electric vehicle charging space; provided. however, that the minimum number of
mobility-impaired parking spaces for the facility must first be met by non-charging
spaces.
The following specifications shall apply to electric vehicle charging spaces:
(1) Electric vehicle charging spaces must be striped with a symbol and
lettering to indicate their reservation for charging, and may have a sign not
to exceed 1.5 square feet in area designating such reservation mounted to
a wall or freestanding post. An electric vehicle charging space that is also a
mobility impaired accessible space must fully comply with the
specification requirements for accessible spaces.
(2) Electric vehicle supply equipment may be located adjacent to charging
spaces. Charging ports shall not exceed eight (8) feet in height.
(3) Signage embedded within charging ports is subject to the sign regulations
of this title.
(4) The installation of electric vehicle supply equipment shall not exempt the
parking facility from minimum interior and perimeter landscaping
requirements of this title.
Attachment 3 Page 18 of 47
12-11-5: SIGN STANDARDS BY SIGN TYPE:
G. Electronic Message Boards:
1. Electronic Message Board Requirements And Limitations: Electronic message boards
shall be permitted only when incorporated within a new or existing pole sign or monument
sign (this shall not include billboards except as permitted in accordance with subsection H
of this section), or when embedded within an electric vehicle charging port. The
overall sign must comply with all existing standards and regulations as set forth in this
chapter regarding pole signs and monument signs. Electronic message boards incorporated
into an approved sign shall be subject to the standards and regulations as set forth in
section 12-11-6 of this chapter.
2. Electronic Message Board Standards: Monument or pole signs containing electronic
message boards shall be subject to the same standards as set forth in subsections A, "Pole
Signs", and B, "Monument Signs", of this section.
3. Permitted Types: Video display signs.
4. Prohibited Types: The following types of electronic message boards shall be
prohibited:
a. Animated sign.
b. Flashing sign.
5. Permitted Districts: Electronic message boards shall be permitted in the following
districts under the following conditions:
a. C-1 Neighborhood Shopping District as a conditional use only.
b. C-2 Limited Office Commercial District as a conditional use only.
c. C-3 General Commercial District as a permitted use.
d. C-4 Regional Shopping District as a permitted use.
e. C-5 Central Business District as a conditional use only.
f. C-6 Casino District as a localized alternative sign regulation plan.
g. M-1 Limited Manufacturing as a permitted use.
h. M-2 General Manufacturing as a permitted use.
i. M-3 Special Manufacturing as a permitted use.
j. I-1 Institutional as a permitted use.
k. R-1 Residential as a permitted use when on school property, City-owned property,
or Park District-owned property, subject to the standards found in subsection 12-11-6B of
this chapter.
6. Variations: All electronic message boards shall meet all requirements stated above
and where variations are requested, the following standards shall apply:
a. Variations for overall height, setback and size of the monument or pylon pole signs,
shall be subject to the same standards set forth in section 12-11-7, "Variations", of this
chapter, except that no governmental agency shall be limited to a maximum variation
request for electronic message board portions of proposed signs when it is to be used for
the conveyance of public information. All signs shall remain subject to all other applicable
sign standards and regulations relating to the applicable sign type and district.
Attachment 3 Page 19 of 47
7. Qualified EMB Property Exception: In lieu of any electronic message board allowed
under the other provisions of this subsection G, one electronic message board shall be
allowed as a conditional use pursuant to section 12-3-4, "Conditional Uses", of this title on
any qualified EMB property subject to development standards for "electronic message
boards for qualified EMB property" as written in subsection 12-11-6B of this chapter:
a. Occupies a parcel of land of not less than fifteen (15) acres zoned C-2 or C-3 or
contiguous parcels of land of not less than fifteen (15) acres zoned C-2 or C-3 with either
vehicular cross access easements or shared parking agreements that are recorded with the
Cook County Recorder of Deeds;
b. Is improved with multi-story, multi-tenanted office building(s) that have more than
four hundred thousand (400,000) square feet of rentable space;
c. Has a combined frontage of at least two hundred (200) linear feet on I-90 or I-294.
###
12-11-6: REGULATION BY DISTRICT CLASSIFICATION:
B. Commercial, Manufacturing And Institutional Districts: It shall be unlawful for any
person to construct or maintain a sign in any commercial district, manufacturing district, or
the I-1 Institutional District, except as follows. A property may incorporate both wall and
monument signs or wall and pole signs. The use of monument signs in conjunction with
pole signs is prohibited; provided, however, if a property is eligible to contain two pole
signs or two monument signs, then the property may construct a combination of a pole sign
and a monument sign as long as each sign is at least 200 feet apart.
Monument or pole signs containing electronic message boards shall be subject to the same
standards as set forth in this subsection, except that only one electronic message board will
be permitted per lot. In the event that a single business exists on multiple lots or in the case
of a business park or retail center, only one electronic message board will be permitted
overall, except for electronic message boards embedded within electric vehicle
charging ports.
Sign Type Number, Area, Height, And Other
Limitations2
Electronic message boards
Electronic message boards shall not exceed
50% of the total sign area. When
embedded within an electric vehicle
charging port, the maximum area is six
(6) square feet.
Excluding those electronic message
boards embedded within electric
vehicle charging ports, Oonly 1 electronic
message board will be permitted per lot. In
Attachment 3 Page 20 of 47
the event that a single business exists on
multiple lots or in the case of a business
park or retail center, only 1 electronic
message board will be permitted overall.
Location: The animated face of an
electronic message board sign shall be a
minimum of 250' away from a residence in
the R-1, R-2, and R-3 Residential Districts
and shall be arranged to prevent direct
glare onto any adjacent properties.
1.Institutional District is exempt from this
standard.
2.LED illumination of the numerical
pricing component of gasoline station signs
are exempt from this location standard.
Video display signs are permitted.
The changeable copy shall be specific to the
business in which the sign was intended.
No sounds will be permitted.
Automatic dimming: Electronic message
board signs shall be equipped with light
sensing devices or a scheduled dimming
timer which automatically dims the
intensity of the light emitted by the sign
during ambient low light and nighttime
(dusk to dawn) conditions. The signs shall
not exceed 500 nits of intensity as
measured at the sign surface during
nighttime and low light conditions and
5,000 nits during daytime hours.
Notes:
2. On parcels less than 5 acres, the total square footage area of all signs shall not exceed
600 square feet.
(Ord. Z-24-05, 8-29-2005; amd. Ord. Z-11-07, 3-19-2007; Ord. Z-23-07, 9-17-2007; Ord. Z-
10-11, 5-2-2011; Ord. Z-27-11, 9-19-2011; Ord. Z-17-14, 8-4-2014; Ord. Z-32-14, 12-15-
2014; Ord. Z-14-15, 7-6-2015; Ord. Z-9-16, 6-6-2016; Ord. Z-29-16, 12-5-2016; Ord. Z-21-
17, 9-18-2017; Ord. Z-17-19, 7-1- 2019; Z-4-20, 1-21-2020 ; Ord Z-16-20, 8-3-2020 )
Attachment 3 Page 21 of 47
12-13-3: DEFINITION OF TERMS:
For the purposes of this title, the following terms shall have the following meanings:
ELECTRIC VEHICLE CHARGING SPACE: A marked parking space in a public or private
off-street parking facility that provides for the charging of electric vehicles. Electric
vehicle charging spaces may fulfill up to five percent of an off-street parking
requirement and may be adjacent to electric vehicle supply equipment. “Electric
Vehicle Charging Space” does not include off -street parking directly adjacent to
private residential driveways or in private residential garages, where charging
technology may also be installed .
ELECTRIC VEHICLE SUPPLY EQUIPMENT: The conductors and charging port
connectors, attachment plugs, and all other fittings, devices, power outlets, or
apparatus installed specifically for the purpose of delivering electrical energy to a
vehicle parked in an electric vehicle charging space.
Attachment 3 Page 22 of 47
Existing charging spaces near Des Plaines library Charging port near library
Charging spaces at the Park Ridge Whole Foods
Attachment 4 Page 23 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 16
1. The petitioner shall revise the site plan to be submitted at the time of building permitting to add
the necessary accessible parking spaces.
2. Plans for the dumpster enclosure in compliance with Section 12-10-11 of the Zoning Ordinance
shall be submitted to staff at time of building permit.
3. A Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance shall be
submitted to staff at time of building permit.
4. No vehicles or materials shall be stored on site at any time.
Chairman Szabo asked if there were any questions or comments from the audience. There were no
comments.
A motion was made by Board Member Catalano, seconded by Board Member Hofherr, for approval of
the request for a Conditional Use as required by Section 12-7-3(K) and a Major Variation from the
Building Design rules of Section 12-3-11 of the Des Plaines Zoning Ordinance, as amended, for a
convenience mart fueling station at 2000 Mannheim Road, and the approval of any other such
variations, waivers, and zoning relief as may be necessary, with the four recommended conditions: 1.
The petitioner shall revise the site plan to be submitted at the time of building permitting to add the
necessary accessible parking spaces; 2. Plans for the dumpster enclosure in compliance with Section
12-10-11 of the Zoning Ordinance shall be submitted to staff at time of building permit; 3. A
Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance shall be submitted to
staff at time of building permit; and 4. No vehicles or materials shall be stored on site at any time.
.
AYES: Catalano, Hofherr, Fowler, Saletnik, Veremis, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
Attachment 5 Page 24 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 17
3. Address: Citywide Text Amendment Case Number: 21-038-TA
Public Hearing
The City of Des Plaines is filing a request for consideration of the following text amendments to the Des
Plaines Zoning Ordinance, as amended: (i) add limitations to the eligibility for collective parking under
Section 12-9-3; (ii) establish definitions and regulations for electric vehicle charging in parking areas; and
(iii) any other amendments as may be necessary.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
The City is the applicant for this case; Economic Development Manager Carlisle will present this case. For
ease of presentation, the text amendment will be broken up into two smaller presentations, one
addressing the collection parking agreements and the second related to electric vehicle charging in
parking areas.
Collective/Shared Parking Agreements
Mr. Carlisle presented an overview of the rationale to update the collective/shared parking agreement,
including looking at a maximum distance limitation, considerations of barriers such as busy roads may
impact parking agreement, or proposing amendments to prevent unworkable or unrealistic shared
parking agreements.
Mr. Carlisle presented research from neighboring communities; of the communities that responded to
the survey the majority sets a 300 feet maximum distance, Mount Prospect differs in that the maximum
distance is 1,000 feet.
Mr. Carlisle also provided an overview of draft amendment language which aims to clarify zoning
administrator and City Council authority to approve shared or off-
off-site parking on privately-owned zoning lots if
possible.
Member Catalano asked for clarification about the 300 foot requirement; in the sense that the closest
space/furthest space meets the requirement. Mr. Carlisle stated that the requirement is all-inclusive
meaning that all spaces must be within the 300 feet.
Mr. Carlisle further stated that in some cases, an applicant might only be deficient by two parking spaces
and enter into collective parking agreement, for those two spaces and additional overflow parking. Based
on these amendments, the two spaces must be within the 300 feet, while the overflow parking may be
beyond that.
Member Catalano stated that the 300-foot requirement is very restrictive, Chairman Szabo agreed.
Attachment 5 Page 25 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 18
Member Catalano further stated that the first space should be within the 300-foot requirement, but the
subsequent spaces can exceed that requirement.
Member Saletnik stated based on the restrictive nature of 300 feet, the City is not interested in collective
parking arrangements. Member Saletnik stated that the use of the property should also be analyzed
regarding parking requirements.
Member Saletnik further stated that he agrees with the safe passage verbiage but finds the 300-foot
limitation very restrictive.
Mr. Carlisle stated that the 300-foot number was based on responses from local municipalities; he did not
want to choose an arbitrary number. Mr. Carlisle also reminded the Board that there is still a possibility
for variation based on practical hardships.
Member Saletnik stated that often while people are looking at property acquisition, they will review the
code prior to purchases. This amendment maybe seen as too restrictive and the property may go
elsewhere.
Member Fowler asked why the Mount Prospect requirement is vastly different at 1,000 feet. Mr. Carlisle
does not know the exact reason but can hypothesize that it may be due to the fact that they are further
out from Chicagoland where the setbacks are further and in general there is more space.
Member Saletnik would like additional information and detail from other local municipalities, such as
Arlington Heights and Palatine.
Member Catalano also stated that he would prefer straight line to properties to make the requirement
less restrictive, Member Saletnik agreed. Member Saletnik further stated the goal of the collective parking
agreement is to have that use in your community.
Member Veremis inquired about the distance between the Des Plaines Theatre and municipal parking
garage. Mr. Carlisle stated that he believed the distance would be between 200-300 feet from the theater
to the top of the parking deck. Member Veremis stated that patrons of the theater are expected to cross
at the light at the crosswalk.
Member Catalano also brought up the question of vertical distance, for example the stairs up to the top
floor of the parking deck.
Mr. Carlisle went over what is perceived as general walking distances; in general an able bodied person is
can walk a quarter mile, approximately 1,300 feet, which is reasonable; 500 feet would equate to
approximately 1/10th of a mile. The draft amendments are written in a way to mirror the bulk of
respondents from neighboring communities.
Member Fowler asked about making recommendations; Mr. Carlisle stated that the Board is able to make
recommendations or ask for additional information.
Attachment 5 Page 26 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 19
Member Saletnik reiterated the language regarding safe passage versus a set number of feet.
Chairman Szabo asked Staff to touch on other circumstances; Mr. Carlisle stated that is a synopsis of other
code information.
Member Saletnik recommended that Staff look into the active collective parking agreements to see what
the current language. Mr. Carlisle stated that the data collection/research regarding the documents may
not be possible. Member Saletnik still would like staff to complete the due diligence on the current
agreements.
Member Veremis inquired about the previous case on Broadway, which brought the parking agreement
discussion to light. Mr. Carlisle provided an overview of their parking arrangement. Member Saletnik
chimed in regarding that case, residents were concerned that people would be parking on their residential
streets, since parking was inconvenient.
Member Saletnik reiterated that additional information is provided compared to other communities.
on type of use.
Chairman Szabo asked if there were any questions or comments from the audience. There were no
comments.
Electric Vehicles
Mr. Carlisle stated that the goals of electric vehicle charging in parking areas, is to support and prepare
for the further proliferation of electric vehicles, emulate best regulatory practices as the appropriate level,
clarify how open, unreserved parking spaces and electric vehicles spaces work to fulfill a parking
requirement.
Mr. Carlisle stressed that this amendment is not intended to affect private home users.
The goals of the proposed amendment will:
Establish term definitions for and
with the latter covering charging ports
Allow EV charging spaces to count for up to 5 percent of an off-street parking minimum. For
government- and institutionally owned parking, a maximum of 5 percent of the total number of
spaces in the facility can be allocated for EV charging
Set up where and how charging spaces may be marked, limit the height of charging ports (8 feet),
area of identification signage (1.5 square feet), and reinforce landscaping requirements
Limited allowance for electronic signs embedded within charging port: 6 square feet max & copy
limited to businesses for which the sign is intended
additional mobility impaired accessible spaces
The City has received an application for an electric vehicle charging ports, which has prompted the
amendments to the ordinance.
Attachment 5 Page 27 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 20
Member Fowler inquired about the future of possible ADA accessible electric vehicle charging spaces, Mr.
Carlisle stated that it can be a possibility in the future.
Member Veremis inquired about how long an electric vehicle takes to charge. Mr. Carlisle stated that
charging ports are available in low, medium, high and can take 30 minutes to 2 hours to charge. Most
newer models have shorter charging times.
Member Veremis asked how many residents have electric vehicles in Des Plaines; Mr. Carlisle does not
have that information but it may be accessible through Secretary of State data.
There was some discussion about ticketing individuals that park in EV parking spaces; Mr. Carlisle
responded the City does not do parking enforcement on private property, private security may ticket the
individual if needed.
Member Veremis asked about ticketing those without a placard who park in ADA spaces, Mr. Carlisle
stated the City would ticket in those instances because it is a State law.
Mr. Carlisle also reviewed the portion of the amendment regarding location of electric vehicle parking, as
well as the precedence the ADA parking has in any given parking lot, EV can be as close as to a building
entrance as wanted.
Chairman Szabo asked if there were any questions or comments from the audience. There were no
comments.
The staff report has been entered below.
Issue: Consider Zoning Ordinance amendments related to multiple off-street parking regulations. The
following areas of the Ordinance are addressed: (1) Section 12-9-3 to establish distance and context
limitations to using a separate, privately owned zoning lot to fulfill a portion of an off-street parking
requirement; (2) Sections 12-13-3, 12-9-5, 12-9-6, 12-11-5, and 12-11-6 to establish definitions for electric
vehicle charging spaces and supply equipment, and to create allowances and limitations on quantity,
location, dimensions, design, and signage; and (3) Section 12-3-5 to allow existing PUDs to retrofit parking
re (i.e. a public
hearing and City Council approval).
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Case Number: #21-038-TA
Project Summary: The City of Des Plaines is applying for various zoning text amendments to
address off-street parking issues that have arisen during 2021.
Collective and Shared Parking
Attachment 5 Page 28 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 21
In general the City wants to foster the efficient use of land and to give businesses, organizations, and
developments some flexibility in how they meet their off-street parking requirements. The Zoning
-street parking rules, currently attempts to make allowances
for when a particular property does not have enough on-site parking to accommodate a proposed use.
While the most typical arrangement is for each property to have enough parking on its own site for all
uses and units served (i.e. residential, commercial, institutional), occasionally this is not feasible. Related,
it is somewhat common that a.) uses within a given area do not operate at the same time and b.) some
parking facilities have excess spaces beyond the requirements of the uses they serve, and most often the
spaces go unused. For these reasons the City tries not to turn away potential users simply because the
property they desire to use is deficient in on-site parking. A reasonable option for nearby shared parking,
on a different property or properties, may exist.
Therefore, in Section 12-9-3, the Ordinance provides for how uses can capitalize on shared or off-site
parking. The existing rules first introduce general circumstances for when one parking facility can serve
multiple uses (12-9-3.A) and then introduces 12-9-3.B., C., and D., which establish parameters for required
parking spaces on a separate property from the particular use they serve. Sub-section B refers to privately
owned parking and properties, sub-section C addresses publicly owned parking (e.g. a City-owned parking
lot or garage), and sub-section D refers to instances of vacancy when parking is temporarily or for the
foreseeable future going unused.
Earlier in 2021, a conditional use petitioner sought to utilize allowances of sub-section B. The subject
property was deficient per the baseline requirement of Section 12-9-7. Beyond day-to-day activities
addressed by Section 12-9-7, the use was expected to have well-attended meetings when demand for
parking would far exceed the baseline requirement. The petitioner submitted multiple draft shared
parking agreements to demonstrate that parking spaces would be available to them at other properties
in the same neighborhood. However, these properties lay on the other side of busy roads and
intersections, and the walking path to the entrance of the proposed use would not have been linear or
convenient from the majority of the proposed off-site parking. The City Council chose to deny the
conditional use and then instructed staff and the PZB to take up amendments that would prevent future
protracted considerations of generally unworkable
not to eliminate fully the potential for requirements to be met through off-site or shared parking
agreements. However, the Council suggests that a minimum distance, as exists in some other
communities, be put into place, as well as any other common-sense limitations. Staff has prepared
proposed amendments beginning on Page 4 of this report.
As part of research for the draft amendments, staff sought assistance from the Northwest Municipal
Conference (NWMC), which distributed survey questions to other communities. The following table is a
sample of results.
Attachment 5 Page 29 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 22
MUNICIPALITY MAXIMUM
DISTANCE FOR
SHARED PARKING
METHOD FOR
MEASURING
DISTANCE
OTHER CONSIDERATIONS
Lincolnwood 300 feet Walking distance Must be located on a lot owned or leased by
the owner or lessee of the lot for which the
parking spaces are required.
Morton Grove 300 feet Straight line
between property
boundaries
Can account for 15 to 35 percent of the
parking minimum for a use, depending on
circumstances.
Mount Prospect 1,000 feet Straight line
between property
boundaries
None.
Niles 300 feet Straight line
between property
boundaries
Can account for up to 20 percent of the
parking minimum for a use, depending on
circumstances.
Park Ridge 300 feet Not specified The off-site parking spaces must be under the
same ownership of the subject property of
the use utilizing the off-site parking.
In summary, the proposed amendments related to shared parking accomplish the following:
Clarifies zoning administrator and City Council authority to approve shared or off-site parking;
-
Reorganizes and adds to the limitations for when shared, off-site parking on privately-owned
zoning lots is possible. These are the added limitations:
o Required spaces must be within 300 feet of the main entrance of the use served; and
o Walking between any required off-site space cannot require at-grade crossing of
roadways classified by the Illinois Department of Transportation as arterials, except for
arterials in downtown Des Plaines and other select corridors where there are ample
signalized intersections and cross-sections of road that are feasible to cross safely.
Electric Vehicle Charging Spaces
As electric vehicles (EV) become more common, the need for charging is increasing. While some EV
owners have a charging port at their homes, many do not, or they drive frequently enough or for long
enough durations and distances that they must charge away from home. Commercial vehicles such as
those used in freight and delivery are also becoming part of the EV market. Charging spaces and their
attendant equipment are now present throughout the Chicago region in public and private parking lots
and garages. In fact, Des Plaines already has two charging spaces in a public lot at the northeast corner of
Ellinwood and Lee Street, adjacent to the library. Charging spaces that are generally open to the public
whether on public or private property usually operate on three models: 1.) Users pay to charge, either
per unit of energy or based on a subscription; 2.) property owners pay for the vendor for the charging
equipment to attract or serve a market of customers or employees who need EV charging; and/or 3.)
charging is free or very low-cost because the ports display advertisements. See Attachment 3 for photos.
Attachment 5 Page 30 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 23
However, earlier this year staff received a building permit application to install four charging spaces and
equipment at Metropolitan Square, specifically adjacent to Shop and Save and Fifth Third Bank. Staff has
denied this permit for now because the proposed change a.) requires currently open, unreserved
parking to be repurposed as parking reserved for charging EVs only and b.) the proposed change would
reduce the number of parking spaces in a Planned Unit Development, which per 12-3-5 qualifies as a
Final Plat of PUD.
Staff sought assistance from NWMC, which provided prior survey results for zoning rules in nearby
communities. The Village of Schaumburg had the most thorough set of regulations, and their definitions
served as the basis for these amendments. Further, The Great Plains Institute, a reputable nonprofit
organization working to further renewable energy, published Summary of Best Practices in Electric
Vehicle Ordinances1, which provided an array of options. Attempting to address the reasonably
foreseeable circumstances without over-regulating, staff proposes amendments that would do the
following:
Establish term definitions in Section 12-13-
Add to Section 12-9-5 to allow EV charging spaces to count for up to 5 percent of an off-street
parking minimum (i.e. one space within a 20-space requirement; 5 spaces within a 100-space
requirement; 10 spaces within a 500-space requirement), with no limitation if the EV spaces are
allocated from the supply beyond the requirement except for government- and institutionally
owned parking, where a maximum of 5 percent of the total number of spaces in the facility can
be allocated for EV charging;
Address in Section 12-9-6 where and how EV charging spaces may be marked within parking
facilities and limit the height of charging ports (maximum 8 feet), area of identification signage
(1.5 square feet), and reinforce landscaping requirements;
Amend Sections 12-11-5 and 12-11-6 to create a limited allowance for electronic message
board signs embedded within charging ports, with a maximum area of 6 square feet and copy
limited to businesses for which the sign is intended; and
-3-5 for PUDs when repurposing/restriping
parking spaces for EV charging or additional mobility impaired accessible parking.
o The Illinois Accessibility Code changes from time to time, imposing greater
requirements that may be triggered by a restriping project. Further, these amendments
are designed to avoid an unduly onerous approval process for property
owners/managers who chose to allocate more accessible parking than is required.
o Minor changes may be approved administratively, without a public hearing and
months-long public process.
The following images illustrate a permit application received by staff.
1 BetterEnergy.org (June 2019). Available at: https://www.betterenergy.org/wp-
content/uploads/2019/06/GPI_EV_Ordinance_Summary_web.pdf
Attachment 5 Page 31 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 24
Proposed charging ports at Metropolitan Square. Not to
scale.
Proposed reserved sign at Metropolitan
Square. Not to scale.
Proposed Amended Sections
All proposed amendments related to shared parking are contained in Attachment 1, and all proposed
amendments related to electric vehicle charging are contained in Attachment 2. Additions are bold,
double-underline. Deletions are struck through. Amended sections are provided with some surrounding,
unamended text for context.
Standards for Zoning Ordinance Text Amendment:
The following is a discussion of standards for zoning amendments from Section 12-3-7.E of the Zoning
Ordinance. Rationale for how the proposed amendments would satisfy the standards is provided.
1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the
comprehensive plan, as adopted and amended from time to time by the City Council;
The Comprehensive Plan calls for improving traffic flow, circulation, and parking (Goal 3.3). The
amendments to add parameters for shared parking would improve the existing situation and
consider circulation and flow not only for vehicles but also for pedestrians.
The Plan does
which would include electric vehicle charging infrastructure.
2. Whether the proposed amendment is compatible with current conditions and the overall
character of existing development;
Attachment 5 Page 32 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 25
The amendments make future parking proposals more compatible with the character and
nature of Des Plaines than the current rules provide. The proliferation of electric vehicles is
already observable withing Des Plaines and the Chicago region, and is expected to grow. The
amendments contemplate providing supportive infrastructure for this expansion.
3. Whether the proposed amendment is appropriate considering the adequacy of public
facilities and services available;
The amendments related to shared parking consider the classification and design of roadways as
to the degree they serve as a barrier between uses and required parking spaces. Related to
electric vehicles, the amendments protect against publicly-owned facilities becoming overrun
with EV charging by capping their number at five percent of the total number of spaces in the
facility.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction; and
The proposed amendments, if they have any impact, are likely to improve property values by
fostering a reasonable way to meet off-street parking requirements, as well as offering
additional flexibility among property owners in how to allocate parking.
5. Whether the proposed amendment reflects responsible standards for development and
growth.
The amendments are based in thoughtful, well-researched considerations of trends in
development in other communities and the region overall. The amendments also respond to
issues encountered by the City Council and City staff.
PZB Procedure and Recommended Conditions: Under Section 12-3-7 of the Zoning Ordinance, the PZB
has the authority to recommend that the City Council approve, approve with modifications, or deny the
above-mentioned amendments. City Council has final authority on the proposal.
If the PZB wishes, it may consider two motions to separate the issues addressed by these amendments,
with the first motion covering shared parking rules and the second for EV charging rules and process.
Recommendation: Staff recommends that the PZB recommend approval of all the parking- and process-
related amendments in this report.
The Planning & Zoning Board chose to break this text amendment into two motions.
Attachment 5 Page 33 of 47
Case 21-016-V 1316 Webford Ave Major Variation
Case 21-036-CU-V 2000 Mannheim Rd Conditional Use/Major Var
Case 21-038-TA Citywide Text Amendment Parking/EV
September 14, 2021
Page 26
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, to continue
the discussion Collective Parking Agreements, Case Number 21-038-TA, consideration of the following
text amendments to the Des Plaines Zoning Ordinance, as amended: (i) add limitations to the
eligibility for collective parking under Section 12-9-3 until October 26, 2021.
AYES: Saletnik, Catalano, Fowler, Hofherr, Veremis, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
A motion was made by Board Member Saletnik, seconded by Board Member Fowler, to approve to
establish definitions and regulations for electric vehicle charging in parking areas; and any other
amendments as may be necessary
AYES: Saletnik, Catalano, Fowler, Hofherr, Veremis, Szabo
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
Attachment 5 Page 34 of 47
Case 21-043-V 543 S. Fifth Avenue Variation
Case 21-044-CU-V 580 S. Wolf Road Variation
Case 21-038-TA Citywide Text Amendment
October 26, 2021
Page 19
Chairman Szabo called for a 5-minute recess at 9:25 p.m. The Board reconvened at 9:31 p.m.
3. Address: Citywide Text Amendment Case Number: 21-038-TX
Public Hearing (Continued from September 14, 2021)
The City of Des Plaines requests consideration of text amendments to the Des Plaines Zoning Ordinance
to add limitations to the eligibility for collective parking under Section 12-9-3 and any other
amendments as may be necessary.
PIN: Citywide
Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016
Director Carlisle summarized the Board’s feedback on the initial proposal, provided and presented
additional research. Revised amendments were presented.
Acting Chairman Saletnik asked if the Board had any questions.
The Board discussed briefly and agreed with the feedback.
Chairman Szabo asked if there were any questions or comments from the audience. There were no
comments.
A motion was made by Board Member Saletnik, seconded by Board Member Catalano, for approval of
text amendments to the Des Plaines Zoning Ordinance to add limitations to the eligibility for collective
parking under Section 12-9-3 and any other amendments as may be necessary.
AYES: Saletnik, Catalano, Szabo, Veremis, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
Attachment 6 Page 35 of 47
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
October 27, 2021
Mayor Goczkowski and Des Plaines City Council, CITY OF DES PLAINES
Subject: Planning and Zoning Board, 21-038-TA, Citywide
RE: Consideration of Zoning Text Amendments Regarding Various Parking Provisions Related to
Collective Parking AND Electric Vehicle Charging in Parking Areas
Honorable Mayor and Members of the Des Plaines City Council:
The Planning and Zoning Board (PZB) met on September 14 and October 26, 2021, to consider an application of
the City of Des Plaines to amend the following Sections of the Zoning Ordinance related to collective/shared
parking and electric vehicle charging spaces: (1) Section 12-9-3 to establish distance and context limitations to
using a separate, privately owned zoning lot to fulfill a portion of an off-street parking requirement; (2) Sections
12-13-3, 12-9-6, 12-11-5, and 12-11-6 to establish definitions for electric vehicle charging spaces and supply
equipment, and to create allowances and limitations on quantity, location, dimensions, design, and signage; and
(3) Section 12-3-5 to allow existing, approved planned unit developments (PUDs) to retrofit parking with
accessible or electric vehicle charging without requiring a Major Change process.
1.At the September 14 meeting, Director of Community and Economic Development (CED) John Carlisle
presented on behalf of the City. He provided background for why each t heme of the amendments was
being pursued, noting both the City Council’s instruction to study the shared parking rules and the building
permit received regarding electric vehicle charging in a parking area in a planned unit development. He
summarized research on various communities on both issues and detailed the proposed amendments.
2.PZB members discussed the proposed electric vehicle charging rules. They noted it was important to make
these changes to address fast-moving trends in transportation. They voted unanimously (6-0) to
recommend to the City Council approval of that portion of the amendments.
3.However, the PZB had several questions and concerns about the collective parking amendments as
initially presented. Although the Board reviewed the research of other communities’ rules, they suggested
adding Arlington Heights and Palatine to the research table, as these are two municipalities also along the
Union Pacific Northwest Metra line. Further, they believed the initial distance limitation by staff – a
maximum 300 feet between a required parking space and the main entrance of a use served – was too
restrictive and would be difficult to enforce. They also noted the requirement should be different based on
the type of use, specifically whether it was a business or residential. Finally, they requested background
on existing shared parking agreements in Des Plaines. The PZB voted unanimously (6-0) to continue the
public hearing to October 26, 2021, to review revised amendments and additional research.
4.CED staff returned on October 26 with revised amendments and further research, specifically the
allowances in the zoning ordinances of Arlington Heights and Palatine. The proposed amendments were
revised to increase the maximum distances for potential shared parking: 1,000 feet, measured from zoning
lot line to zoning lot line, between a required parking space and a non-residential use served, and 500 feet
for residential uses, excluding single-family homes and townhomes. Some prior language from the initial
version of the amendments was retained, namely the general limitation that a required parking space could
not be on the other side of a busy arterial road that lacked sufficient pedestrian crossing infrastructure.
Attachment 7 Page 36 of 47
5. The PZB voted (5-0) to recommend that the City Council approve the request as revised. The revised
request will be forwarded to the Council in the approving ordinance.
Respectfully submitted,
James Szabo
Des Plaines Planning and Zoning Board, Chairman
Cc: City Officials/Aldermen
Attachment 7 Page 37 of 47
{00123217.2}
CITY OF DES PLAINES
ORDINANCE Z - 55 - 21
AN ORDINANCE AMENDING THE TEXT OF THE ZONING
ORDINANCE OF THE CITY OF DES PLAINES
REGARDING OFF-STREET PARKING IN APPROVED
PLANNED UNIT DEVELOPMENTS, COLLECTIVE OFF-
STREET PARKING, AND ELECTRIC VEHICLE
CHARGING PARKING SPACES (CASE# 21-038-TA).______
WHEREAS, the City is a home rule municipal corporation in accordance with Article VII,
Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning
Ordinance"), is codified as Title 12 of the City Code; and
WHEREAS, Section 12-3-5.G.1 of the Zoning Ordinance establishes that any reduction
in the number of off-street parking spaces in an approved planned unit development ("PUD")
constitutes a Major Change; and
WHEREAS, Section 12-9-3 of the Zoning Ordinance establishes how uses may utilize
collective parking to address minimum off-street parking requirements; and
WHEREAS, Section 12-9-6 of the Zoning Ordinance establishes the specifications for off-
street parking areas; and
WHEREAS, Section 12-11-5.G. of the Zoning Ordinance establishes standards for
electronic message board signs; and
WHEREAS, Section 12-11-6.B. of the Zoning Ordinance establishes limitations for signs
in commercial, manufacturing, and institutional districts; and
WHEREAS, after a review of the Zoning Ordinance, City staff proposes to update and
clarify the following sections of the Zoning Ordinance regarding electric vehicle charging spaces:
(i) Section 12-3-5 to allow the retrofitting of approved PUDs with accessible or electric vehicle
charging as a Minor Change; (ii) Section 12-9-6 to establish design specifications for electric
vehicle charging spaces; (iii) Section 12-11-5 to create an allowance for electronic message board
signs to be embedded within electric vehicle charging ports; (iv) Section 12-11-6 to except
electronic message boards embedded within electric vehicle charging ports from the general
limitation of one electronic message board per lot and to limit the area of these signs to six square
feet in area; (v) Section 12-13-3 to establish definitions for “electric vehicle charging space” and
“electric vehicle supply equipment;” (collectively, “Electric Vehicle Charging Amendments”);
and
WHEREAS, City staff also proposes to update and clarify Section 12-9-3 of the Zoning
Ordinance to clarify approval and recording processes for agreements that allow a separate, off-
site zoning lot to fulfill an off-street parking requirement, as well as to establish additional distance
Page 38 of 47
{00123217.2}
and context limitations (“Collective Parking Amendment”)(collectively, the Electrical Vehicle
Charging Amendments and the Collective Parking Amendment are the “Proposed Text
Amendments”); and
WHEREAS, a public hearing by the Planning and Zoning Board ("PZB") to consider the
Proposed Text Amendments was duly advertised in the Des Plaines Journal on August 25, 2021,
and held on September 14, 2021 and continued to October 26, 2021; and
WHEREAS, on September 14, 2021, the PZB voted 6-0 to recommend approval of the
Electric Vehicle Charging Amendments; and
WHEREAS, on October 26, 2021, the PZB voted 5-0 to recommend approval of the
Collective Parking Amendment; and
WHEREAS, the PZB forwarded its recommendations in writing to the City Council on
October 27, 2021;
WHEREAS, the City Council has considered the factors set forth in Section 12-3-7.E,
titled "Standards for Amendments," of the Zoning Ordinance; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
adopt the Proposed Text Amendments and amend the Zoning Ordinance as set forth in this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof.
SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration
of the Text Amendments has complied with the provisions of Section 12-3-7 of the Zoning
Ordinance.
SECTION 3. CHANGES IN THE PLANNED UNIT DEVELOPMENT AFTER
APPROVAL. Subsection 12-3-5.G.1, titled “Major Changes,” of Sub-Section G., titled “Changes
in the Planned Unit Development After Approval,” of Section 5 titled “Planned Unit
Developments,” of Chapter 3, titled "Development Review Procedures," of the Zoning Ordinance
is hereby amended to read as follows:
Page 39 of 47
{00123217.2}
“1. "Major Changes": Changes which alter the concept or intent of the planned
unit development such as the following:
a. Any increase in density.
b. Any reduction in the dimension or number of off street parking
and/or loading spaces, except when the reduction provides
additional mobility impaired accessible parking or electric
vehicle charging spaces, and the facility, after the reduction, will
fully comply with the parking requirements set forth in Chapter
9: Off Street Parking and Loading Facilities.
* * *”
SECTION 4. COLLECTIVE PARKING. Section 12-9-3, titled “Collective Parking,”
of Chapter 9, titled “Off Street Parking and Loading Facilities,” of the Zoning Ordinance is hereby
amended to read as follows:
“12-9-3: COLLECTIVE PARKING:
A. Off street parking facilities for separate uses may be provided collectively
if the total number of spaces so provided collectively is not less than the
sum of the separate requirements for each such use, and provided further,
that such collective facilities meet all regulations governing location of
accessory parking spaces in relation to the use served.
B. The zoning administrator for permitted uses or the City Council in all
other cases may authorize a up to thirty three percent (33%) reduction of
the required off street parking to be fulfilled on a separate, privately
owned zoning lot total number of required parking spaces for two or more
uses jointly providing off street parking when all of the following
conditions are met:
1. The parking spaces utilized on the separate zoning lot are in
excess of the total requirement for all uses that occupy that lot,
or the parties have provided to the zoning administrator or City
Council sufficient data to indicate there is not a substantial
conflict in the hours of operation of all of the uses on the lot;
2. Any required parking spaces located on the separate zoning lot
are within 300 feet of the use served, measured from the main
entrance of the use to the nearest point of the separate zoning
lot;
Page 40 of 47
{00123217.2}
3. Pedestrian travel between the separate zoning lot and the use
served does not require at-grade crossings of roadways
classified by the Illinois Department of Transportation as
arterials, except for Lee Street between Brown Street and
Thacker Street, Graceland Avenue between Jefferson Street
and Thacker Street, Miner Street between Graceland Avenue
and River Road, Dempster/Thacker Street between Wolf Road
and River Road, Algonquin Road between Wolf Road and River
Road, and Oakton Street between Lee Street and River Road;
and
4. A written agreement, in a form approved by the city attorney,
guarantees that the parking spaces on the separate zoning lot
will be maintained so long as the uses requiring parking are in
existence or unless the required parking is provided elsewhere
in accordance with this chapter. The written agreement must be
recorded by the property owners with the county recorder’s
office. The agreement will be kept current and a copy
maintained on file with the City’s department of community and
economic development. The property owners involved in the joint
use off street parking facility shall provide, to the zoning
administrator:
1. Sufficient data to indicate that there is not a substantial conflict in
the principal hours of operation of the uses; and
2. A legal agreement approved by the city attorney guaranteeing that
the parking spaces shall be maintained so long as the uses requiring
parking are in existence or unless the required parking is provided
elsewhere in accordance with this chapter. The instrument shall also
be recorded by the property owners with the county recorder’s
office.
C. The zoning administrator for permitted uses or the City Council in all
other cases may allow, in his sole discretion, reduce the total number of the
required off street parking requirement spaces for any use in a non-
residential district to be met via a publicly owned or operated facility, if
the owner or operator of that use enters into an easement, lease, license or
other form of legal agreement with the City of Des Plaines or any other
government entity that owns or operates the an off street parking
facility. Such parking use agreement, or a summary memorandum thereof,
shall be in a form acceptable to the City and be recorded against the property
index numbers (PINs) for the parcel on which the off street parking facility
is located and the parcel that will receive the right to use the parking spaces.
The zoning administrator shall ensure that the off street parking spaces
identified in the parking use agreement are open and available during the
periods described in the parking use agreement. Such public off street
parking facility may be located no more than 1,000 feet of the main entrance
Page 41 of 47
{00123217.2}
of the parcel requesting the right to use the parking spaces. The parking
use agreement shall be kept current and a copy maintained on file with
the City’s department of community and economic development.
D. In instances when a principal building is not fully occupied and contains
parking spaces in excess of minimum number of spaces required by the
building’s current occupancy, the zoning administrator for permitted uses
or the City Council in all other cases may in his sole discretion, allow the
owner of the parcel to enter into an easement, lease, license or other form
of legal agreement with the owners or occupants of nearby parcels seeking
to use the parcel’s excess parking capacity, so long as the following
conditions are met:
1. In no event may any parcel be used as a commercial parking lot open
to the general public pursuant to a parking use agreement described
in this section unless it has received all necessary approvals required
by the Zoning Ordinance.
2. The parking use agreement may not exceed a month to month
tenancy or use period to allow for its prompt termination in the event
the parcel providing the excess parking increases its occupancy and
its corresponding need for off street parking.
3. No more than 33 percent of the total parking spaces on a parcel may
be allocated for use by off-site users on a temporary basis.
4. The place of business or operation using the interim parking spaces
may be located no more than 1,000 feet from the parcel providing
the excess spaces.
5. The parking agreement shall be kept current and a copy maintained
on file with the City’s department of community and economic
development.
* * *”
SECTION 5. SPECIFICATIONS FOR OFF STREET PARKING AND OUTSIDE
STORAGE AREAS. Section 12-9-6.E, titled, “Reserved,” of Section 12-9-6, titled
“Specifications for Off Street Parking and Outside Storage Areas,” of Chapter 9, titled “Off Street
Parking and Loading Facilities,” of the Zoning Ordinance is hereby amended as follows:
“E. Reserved. Electric vehicle charging spaces: Electric vehicle charging
spaces are subject to the same dimension and setback requirements as
all other parking spaces; provided, however, that mobility impaired
Page 42 of 47
{00123217.2}
accessible parking spaces have priority over electric vehicle charging
spaces in proximity and accessible routes to building entrances. A
mobility impaired accessible parking space may also serve as an electric
vehicle charging space; provided, however, that the minimum number
of mobility-impaired parking spaces for the facility must first be met
by non-charging spaces.
The following specifications shall apply to electric vehicle charging
spaces:
1. Electric vehicle charging spaces must be striped with a symbol
and lettering to indicate their reservation for charging, and may
have a sign not to exceed 1.5 square feet in area designating such
reservation mounted to a wall or freestanding post. An electric
vehicle charging space that is also a mobility impaired accessible
space must fully comply with the specification requirements for
accessible spaces.
2. Electric vehicle supply equipment may be located adjacent to
the electric vehicle charging spaces. Charging ports shall not
exceed eight feet in height.
3. Signage embedded within charging ports is subject to the sign
regulations of this title.
4. The installation of electric vehicle supply equipment shall not
exempt the parking facility from minimum interior and
perimeter landscaping requirements of this title.
* * *”
SECTION 6. SIGN STANDARDS BY SIGN TYPE. Subsection 12-11-5.G, titled
“Electronic Message Boards,” of Section 12-11-5, titled “Sign Standards by Sign Type,” of Chapter
11, titled “Signs,” of the Zoning Ordinance is hereby amended to read as follows:
“G. Electronic Message Boards:
1. Electronic Message Board Requirements And Limitations: Electronic
message boards shall be permitted only when incorporated within a new or
existing pole sign or monument sign (this shall not include billboards except
as permitted in accordance with subsection H of this section) or when
embedded within an electric vehicle charging port. The overall sign must
comply with all existing standards and regulations as set forth in this chapter
regarding pole signs and monument signs. Electronic message boards
Page 43 of 47
{00123217.2}
incorporated into an approved sign shall be subject to the standards and
regulations as set forth in section 12-11-6 of this chapter.
* * *”
SECTION 7. SIGN REGULATION BY DISTRICT CLASSIFICATION. Section 12-
11-6, titled “Regulation bv District Classification,” of Chapter 11, titled “Signs,” of the Zoning
Ordinance is hereby amended to read as follows:
* * *
“B. Commercial, Manufacturing And Institutional Districts: It shall be
unlawful for any person to construct or maintain a sign in any
commercial district, manufacturing district, or the I-1 Institutional
District, except as follows. A property may incorporate both wall
and monument signs or wall and pole signs. The use of monument
signs in conjunction with pole signs is prohibited; provided,
however, if a property is eligible to contain two pole signs or two
monument signs, then the property may construct a combination of
a pole sign and a monument sign as long as each sign is at least 200
feet apart.
Monument or pole signs containing electronic message boards shall
be subject to the same standards as set forth in this subsection,
except that only one electronic message board will be permitted per
lot. In the event that a single business exists on multiple lots or in
the case of a business park or retail center, only one electronic
message board will be permitted overall, except for electronic
message boards embedded within electric vehicle charging
ports.
Sign Type Number, Height, And Other Limitations2
* * *
Electronic
message boards
Electronic message boards shall not exceed 50% of the
total sign area. When embedded within an electric
vehicle charging port, an electronic message board
may not exceed six square feet.
Page 44 of 47
{00123217.2}
Excluding those electronic message boards embedded
within electric vehicle charging ports, Oonly 1
electronic message board will be permitted per lot. In the
event that a single business exists on multiple lots or in
the case of a business park or retail center, only 1
electronic message board will be permitted overall.
Location: The animated face of an electronic message
board sign shall be a minimum of 250' away from a
residence in the R-1, R-2, and R-3 Residential Districts
and shall be arranged to prevent direct glare onto any
adjacent properties.
1.Institutional District is exempt from this standard.
2.LED illumination of the numerical pricing
component of gasoline station signs are exempt from this
location standard.
Video display signs are permitted.
The changeable copy shall be specific to the business in
which the sign was intended.
No sounds will be permitted.
Automatic dimming: Electronic message board signs
shall be equipped with light sensing devices or a
scheduled dimming timer which automatically dims the
intensity of the light emitted by the sign during ambient
low light and nighttime (dusk to dawn) conditions. The
signs shall not exceed 500 nits of intensity as measured at
the sign surface during nighttime and low light conditions
and 5,000 nits during daytime hours.
* * *”
SECTION 8. DEFINITION OF TERMS. Section 12-13-3, titled “Definition of Terms,”
of Chapter 11, titled “Definitions,” of the Zoning Ordinance is hereby amended to add the
following entries in alphabetical order:
“For the purposes of this title, the following terms shall have the following meanings:
* * *
Page 45 of 47
{00123217.2}
ELECTRIC VEHICLE CHARGING SPACE: A marked parking space in a
public or private off-street parking facility that provides for the charging of
electric vehicles. Electric vehicle charging spaces may fulfill up to five
percent of an off-street parking requirement and may be adjacent to electric
vehicle supply equipment. “Electric Vehicle Charging Space” does not
include off-street parking directly adjacent to private residential driveways
or in private residential garages, where charging technology may also be
installed.
ELECTRIC VEHICLE SUPPLY EQUIPMENT: The conductors and
charging port connectors, attachment plugs, and all other fittings, devices,
power outlets, or apparatus installed specifically for the purpose of
delivering electrical energy to a vehicle parked in an electric vehicle charging
space.
* * *”
SECTION 9. SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
SECTION 10. 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 46 of 47
{00123217.2}
PASSED this day of , 2021.
APPROVED this day of , 2021.
VOTE: Ayes Nays Absent
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
____ day of _______________, 2021
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Amending Zoning Code Text Amendments Regarding Off-Street Parking in Approved Planned Unit Developments, Collective
Off-Street Parking, and Electric Vehicle Charging Parking Spaces
Page 47 of 47
FINANCE DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: November 24, 2021
To: Michael G. Bartholomew, City Manager
From: Dorothy Wisniewski, Assistant City Manager/Director of Finance
Subject: Resolution R-200-21, December 6, 2021 Warrant Register
Recommendation: I recommend that the City Council approve the December 6, 2021 Warrant Register
Resolution R-200-21.
Warrant Register……………………………$6,178,130.41
MEMORANDUM
Estimated General Fund Balance
Balance as of 09/30/2021: $29,342,519
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 33
NEW BUSINESS #1A.
CITY OF DES PLAINES
RESOLUTION
R-200-21
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 6, 2021
Page 2 of 33
Line #Vendor Invoice Invoice Description Amount
1 1705 Prepaid Expenses 1252 NIPSTA 33537172 Company Fire Officer Winter 2022
Session - Paramedic
1,200.00
2 1705 Prepaid Expenses 1252 NIPSTA 33543755 Confined Space Technician 2022 Spring
Session - Paramedic
1,100.00
3 1705 Prepaid Expenses 1252 NIPSTA 33568329 Fire Company Officer 2022 Winter
Session - Paramedic
1,200.00
4 1705 Prepaid Expenses 1252 NIPSTA 33571933 Fire Company Officer 2022 Winter
Session - Lieutenant
1,200.00
5 6000 Professional Services 8452 Anderson Legislative
Consulting LTD
11-2021 Lobbyist Services - November 2021 R-
130-21
5,420.00
6 6000 Professional Services 8453 Raucci & Sullivan
Strategies LLC
3467 Lobbyist Services - October 2021 R-131-
21
5,000.00
7 7550 Miscellaneous Expenses 8522 Onesti DPT 1011 Theatre Grand Opening - 22 Kevin
Costner Tickets 10/31/2021
3,041.50
13,461.50
8 5320 Conferences 8523 Mastalski, Jessica Reimb 9/23-9/25 City Clerk IML Conference Chicago
09/23-09/25/2021
126.41
9 6000 Professional Services 8197 American Legal
Publishing Corporation
11273 Codify Ordinances Per Agreement;
Supplement S-5 09/30/2021
1,490.00
10 6100 Publication of Notices 1050 Journal & Topics
Newspapers
186480 Legal Notice - Street Sweeping Service
2022-2024 10/06/2021
86.55
11 6100 Publication of Notices 1050 Journal & Topics
Newspapers
186570 Legal Notice - Proposed Property Tax
Levy 10/20/2021
320.00
12 6195 Miscellaneous
Contractual Services
1077 Shred-It USA LLC 8000296518 Shredding Services 08/20-10/29/2021 142.69
13 7000 Office Supplies 1644 Warehouse Direct Inc 5086015-0 1 Ct Copy Paper, 6 Rolls Address Labels 145.87
14 7000 Office Supplies 1644 Warehouse Direct Inc 5086015-2 3 Steno Books 5.25
15 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111021 Water Delivered 10/14/2021 8.00
16 7200 Other Supplies 1644 Warehouse Direct Inc 5086015-1 3 Boxes of Utensils - Spoons, Knives,
Forks
12.23
2,337.00
15,798.50
17 6110 Printing Services 1233 Press Tech Inc 48664 1 Box of Business Cards 11/12/2021 20.00
18 6110 Printing Services 1233 Press Tech Inc 48712 1 Box of Business Cards 11/12/2021 20.00
19 7000 Office Supplies 1644 Warehouse Direct Inc 5098485-0 Copy Paper, Binder Clips, Copy Holder 181.29
20 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111021 Water Delivered 10/14/2021 68.40
289.69
21 6009 Legal Fees - Admin
Hearings/Prosecutions
1073 Bartel, Raymond 21-21 Legal Fees for Traffic Court & Admin
Hearings Oct/Nov 2021
1,005.00
City of Des Plaines
Warrant Register 12/06/2021
Account
Fund: 100 - General Fund
Elected Office
Total 10 - Elected Office
City Administration
Division: 210 - City Manager
Division: 110 - Legislative
Total 110 - Legislative
Division: 120 - City Clerk
Total 120 - City Clerk
Total 210 - City Manager
Division: 220 - Legal
Page 3 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
22 6010 Legal Fees - Labor &
Employment
1127 Clark Baird Smith LLP 14615 Legal Fees - October 2021 9,585.00
10,590.00
23 6300 R&M Software 5068 IT Savvy LLC 01302559 VMWare Renewal 10/20/2021-
10/19/2022
4,663.56
24 6305 R&M Equipment 4715 SHI International
Corporation
B14307155 Palo Alto Maintenance 11/21/21-
11/21/22
14,545.46
25 6305 R&M Equipment 8399 Park Place
Technologies LLC
PUSA1009003762
0
Server Maintenance Contract 12/01-
12/31/2021
117.00
26 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111021 Water Delivered 10/14/2021 61.91
27 7320 Equipment < $5,000 1026 CDW LLC M985832 Ubiquiti UNIFI 1,479.90
20,867.83
28 6110 Printing Services 1106 Chromatech Printing
Inc
9089/26106 Fall 2021 Newsletter Printing
11/09/2021
5,085.00
5,085.00
29 5345 Post-Employment
Testing
7857 Language Testing
International Inc
L48462-IN 3 Language Tests: 1 Polish, 1 Romanian,
1 Spanish 08/12-08/16/2021
308.00
30 5345 Post-Employment
Testing
7133 Mid-West Truckers
Association Inc
P746693 Onsite Random Testing 10/20/2021 75.00
31 5345 Post-Employment
Testing
7133 Mid-West Truckers
Association Inc
P747717 CDL Query Checks 10/1/21-10/12/21 45.00
32 6000 Professional Services 8521 Telephone Doctor, Inc 180874 eLearning Soft Skills Training
Subscription 11/15/21- 1/14/23
3,490.00
33 6100 Publication of Notices 1485 ILCMA - IL City/County
Management Assoc
3149 Job Posting-Exec. Asst. Community &
Economic Dev-10/21-11/16/21
50.00
34 6100 Publication of Notices 1485 ILCMA - IL City/County
Management Assoc
3166 Job Posting-Senior Clerk Finance-11/01-
11-19-2021
50.00
35 6100 Publication of Notices 1485 ILCMA - IL City/County
Management Assoc
3168 Job Posting-Junior Accounting
Specialist/Finance-11/02-11/19/21
50.00
36 6110 Printing Services 1233 Press Tech Inc 48585 2 Boxes #10 Envelopes 10/28/2021 170.00
37 6195 Miscellaneous
Contractual Services
1077 Shred-It USA LLC 8000296518 Shredding Services 08/20-10/29/2021 142.69
38 7000 Office Supplies 1644 Warehouse Direct Inc 5097205-0 HR Office Supplies - Calendar, Manila
File Folders, Pads-Paper
25.54
39 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111021 Water Delivered 10/14/2021 8.00
40 7550 Miscellaneous Expenses 1228 Pesche's Inc 122680 Flowers for Deceased Fire Fighter's
Wake 10/26/2021
108.99
4,523.22
41,355.74
41 6000 Professional Services 1101 Capital Gains Inc 2623 Investment Management Services 4th
Quarter 2021
2,016.00
Division: 230 - Information Technology
Total 230 - Information Technology
Division: 240 - Media Services
Total 240 - Media Services
Total 220 - Legal
Department: 30 - Finance
Division: 250 - Human Resources
Total 250 - Human Resources
Total 20 - City Administration
Page 4 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
42 6000 Professional Services 2071 Lauterbach & Amen,
LLP
59572 Tax Levy - Firefighters' Pension for
Fiscal Year 12/31/2020
2,650.00
43 6195 Miscellaneous
Contractual Services
1077 Shred-It USA LLC 8000296518 Shredding Services 08/20-10/29/2021 142.45
44 6110 Printing Services 6485 Tyler Business Forms 64989 500 W2 Envelopes for Tax Year 2021 191.40
45 7000 Office Supplies 1644 Warehouse Direct Inc 5095393-0 4 Ctns of Copy Paper & 2 Doz Pens 197.97
46 7000 Office Supplies 1644 Warehouse Direct Inc 5095393-1 1 Dozen Pens 6.65
47 7000 Office Supplies 1644 Warehouse Direct Inc 5098163-0 Pens, Tape, Batteries, Etc.144.41
48 7000 Office Supplies 6485 Tyler Business Forms Invoice-63954 W9 and W2 Forms for Tax Year 2021 644.81
49 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111021 Water Delivered 10/14/2021 73.40
6,067.09
50 6000 Professional Services 3337 HR Green Inc 147355 Task Order #1: Bldg Inspections & Plan
Review Services Sept 2021
3,972.25
51 6000 Professional Services 6315 B&F Construction
Code Services Inc
57192 Plan Review 09/02/2021 Project
#1124064
869.37
52 6000 Professional Services 6315 B&F Construction
Code Services Inc
57295 Plan Review 09/16/2021 Project
#1124180
1,643.11
53 6000 Professional Services 6315 B&F Construction
Code Services Inc
57439 Plan Review 09/30/2021 Project
#1123758
250.00
54 6000 Professional Services 6315 B&F Construction
Code Services Inc
57558 Plan Review 10/15/2021 Project
#1124375
1,572.37
55 6000 Professional Services 6315 B&F Construction
Code Services Inc
57572 Plan Review 10/18/2021 Project
#1124427
869.37
56 6000 Professional Services 6315 B&F Construction
Code Services Inc
57640 Plan Review 10/27/2021 Project
#1123917
1,284.00
57 6000 Professional Services 6315 B&F Construction
Code Services Inc
57671 Plan Review 11/02/2021 Project
#1124491
869.37
58 6000 Professional Services 6315 B&F Construction
Code Services Inc
57723 Plan Review 11/08/2021 Project
#1124451
2,523.36
59 6000 Professional Services 7647 Citywide Elevator
Inspection Services Inc
DP71457 79 Elevator Inspections 09/21-
10/22/2021
560.00
60 6110 Printing Services 1106 Chromatech Printing
Inc
9084/26131 Printing - CED Resale Inspection 2-Part
Form 10/22/2021
141.00
61 6195 Miscellaneous
Contractual Services
3013 Clauss Brothers Inc 27247R Nuisance Abatement 34 Properties -
Oct 2021
5,820.01
62 7000 Office Supplies 1644 Warehouse Direct Inc 5097950-0 4 Packs of Paper 66.92
63 7000 Office Supplies 1644 Warehouse Direct Inc 5098719-0 Notebook, Paper, Folder, Marker, Pens 436.94
64 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111021 Water Delivered 10/14/2021 84.89
20,962.96
65 6100 Publication of Notices 1050 Journal & Topics
Newspapers
186565 Public Notice for PZB Meeting11/09/21-
Published 10/20/2021
77.90
Total 30 - Finance
Community Development
Division: 410 - Building & Code Enforcement
Total 410 - Building & Code Enforcement
Division: 420 - Planning & Zoning
Page 5 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
66 7000 Office Supplies 1644 Warehouse Direct Inc 5084190-0 Labels, Folders, Pens 185.16
67 7000 Office Supplies 1644 Warehouse Direct Inc 5091144-0 1 Box of File Jackets 41.22
68 7000 Office Supplies 1644 Warehouse Direct Inc C5084190-0 Credit for Wrong Size File Jackets
Received
(28.29)
275.99
69 6000 Professional Services 5215 CoStar Realty
Information Inc
114863698-1 Nov 2021 Available Properties Database 398.79
398.79
21,637.74
70 6300 R&M Software 6055 Axiom Human
Resource Solutions Inc
0000041335 Kronos User Fees - October 2021 181.50
71 6300 R&M Software 6646 Tracker Software
Corporation
303-013 PubWorks Fleet Mod Purch/Data
Conversion/Training 9/10-10/23/21
16,000.00
16,181.50
72 5310 Membership Dues 5172 Association of State
Floodplain Managers -
ASFPM, The
Renewal 2022-24 Two Year Renewal for 1 Engineer
02/01/22-01/31/2024
50.00
50.00
73 6195 Miscellaneous
Contractual Services
1060 Municipal GIS Partners
Inc
5547 Geographic Information System
Support 10/01-10/31/2021
17,376.17
74 6195 Miscellaneous
Contractual Services
1385 GIS Consortium 652 Fee to Support Shared Assets of GIS
Property 01/01-12/31/2021
6,344.00
23,720.17
75 6175 Tree Plantings 1153 West Central
Municipal Conference
0007172-IN Fall Tree Planting Oct 2021, R-6-21 38,273.00
76 6175 Tree Plantings 1347 Lurvey Landscape
Supply
T1-10417213 Crab Tree - Tree Planting Request
10/18/2021
309.75
77 6175 Tree Plantings 1347 Lurvey Landscape
Supply
T1-10417333 2 Maple Trees - Parkway Tree Planting -
10/18/2021
670.00
78 6195 Miscellaneous
Contractual Services
7409 Aquamist Plumbing &
Lawn Sprinkling Co Inc
108382 Sprinkler Winterization - Northwest
Hwy - 11/01/2021
600.00
79 6195 Miscellaneous
Contractual Services
3361 G&L Contractors Inc 19-001897 Dumpster Enclosure Concrete Work -
Metro Sq Alley - 11/04/202
4,200.00
80 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207329 Turf Repairs - Cumberland Train Station -
10/15/2021, R-27-21
2,400.00
81 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207332 Gateway Sign Landscape Design -
10/21/2021, R-27-21
845.00
82 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207333 Landscape Design - Police Station -
10/21/2021, R-3-21
650.00
83 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207345 Landscaping Design - Police Station -
10/06/2021
7,636.00
Division: 430 - Economic Development
Total 430 - Economic Development
Total 40 - Community Development
Total 420 - Planning & Zoning
Division: 510 - Engineering
Total 510 - Engineering
Division: 520 - Geographic Information Systems
Total 520 - Geographic Information Systems
Public Works & Engineering
Division: 100 - Administration
Total 100 - Administration
Division: 530 - Street Maintenance
Page 6 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
84 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207346 Tree Rings Install/Mulch - Cumberland
Circle - 10/22/2021, R-27-21
1,225.00
85 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207347 Brick Paving - Lee St - 10/19/2021, R-27-
21
1,575.00
86 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207811 Supplemental Watering - Downtown -
Oct 2021, R-3-21
1,100.00
87 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207825 Watering Hours - October 2021 R-27-
21
1,000.00
88 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207826 Green Space Mowing - October 2021 - R-
27-21
15,880.00
89 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207828 TIF 1 Landscape Maintenance - October
2021 - R-3-21
2,356.00
90 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
207829 Fall Turf/Weed Control Applications -
10/31/2021, R-14-20
2,988.00
91 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
208741 Additional Greenspace Mowing -
October 2021, R-27-21
1,180.00
92 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
208746 Irrigation Winterization - 11/08/2021 -
R-3-21
1,867.00
93 6195 Miscellaneous
Contractual Services
8417 Chicagoland Paving
Contractors Inc
215701-F Asphalt Milling/Resurfacing Repairs -
PW - 11/11/2021, R-100-21
132,949.65
94 6195 Miscellaneous
Contractual Services
7706 Lakeshore Recycling
Systems LLC
PS414885 Street Sweeping - Downtown -
10/28/2021, R-5-21
530.44
95 6325 R&M Street Lights 1044 H&H Electric Co 37749 Streetlight Repair - CIP Project -
09/14/2021, R-78-19
1,996.59
96 6325 R&M Street Lights 1044 H&H Electric Co 37750 Streetlight Repairs - 09/14/2021, R-78-
19
840.90
97 6325 R&M Street Lights 1044 H&H Electric Co 37751 Streetlight Repairs - 09/22/2021, R-78-
19
419.74
98 6325 R&M Street Lights 1044 H&H Electric Co 37752 Streetlight Repairs - 09/23/2021, R-78-
19
1,605.83
99 6325 R&M Street Lights 1044 H&H Electric Co 37753 Repair/Relocate Handhole - Lee St -
09/24/2021, R-78-19
1,195.86
100 6325 R&M Street Lights 1044 H&H Electric Co 37754 Streetlight Cable Repair - Northeast Pl -
10/01/2021, R-78-19
194.04
101 6325 R&M Street Lights 1044 H&H Electric Co 37755 Streetlight Repairs - State & Stratford -
09/14/2021, R-78-19
506.71
102 6325 R&M Street Lights 1044 H&H Electric Co 37756 Streetlight & Pedestrian Crossing
Repairs - 09/30/2021, R-78-19
1,047.68
103 7020 Supplies - Safety 1085 Alexander Equipment
Company Inc
183135 Chainsaw Chaps & Saw Lanyard - PW 142.94
104 7020 Supplies - Safety 1085 Alexander Equipment
Company Inc
183138 Safety Hook w/Latch - PW 22.08
105 7020 Supplies - Safety 1043 WW Grainger Inc 9098673354 Anti-Slip Tape - Message Board Steps 14.07
106 7050 Supplies - Streetscape 1732 Traffic Control &
Protection Inc
110146 Reflectors, Bases w/Pins, & Anchor
Bolts - Police Parking Lot
1,519.20
107 7050 Supplies - Streetscape 1057 Menard Incorporated 88653 4 Tubes Construction Adhesive 31.36
108 7050 Supplies - Streetscape 1347 Lurvey Landscape
Supply
T1-10418754 3.0 Cu Yds Top Soil - Parkway
Restorations - 10/27/2021
88.95
109 7055 Supplies - Street R&M 1732 Traffic Control &
Protection Inc
107695 U Channel Sign Post 1,837.50
110 7055 Supplies - Street R&M 1732 Traffic Control &
Protection Inc
110160 Turned Eye Bolt, Corner Bolt, & Foil
Tape - Traffic Signs
857.15
Page 7 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
111 7055 Supplies - Street R&M 8244 Des Plaines Ace
Hardware
1414 2 Cans Spray Paint 10.06
112 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 85157 10.25 Tons Asphalt - Main Break
Repairs - 09/03/2021
430.50
113 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 85437 2.14 Tons Asphalt-Potholes & 2 Loads
of Broken Asphalt Disposal 09/03/2021
89.88
114 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 86299 38.32 Tons Asphalt & 3.0 Loads Disposal
- 08/21/2021, R-38-21
1,609.44
115 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 87026 25.24 Tons Asphalt - Spot Patching -
09/27/2021
1,060.08
116 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 89780 1.06 Tons Asphalt - Potholes -
10/29/2021
44.52
117 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 90207 3.08 Tons Asphalt - Potholes -
11/03/2021, R-38-21
129.36
118 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 90335 1.57 Tons Asphalt - Potholes -
11/04/2021, R-38-21
65.94
119 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 90875 2.53 Tons Asphalt - Sewer & Potholes -
11/10/2021, R-38-21
106.26
120 7160 Ice Control 5364 Conserv FS Inc 65127837 100 Bags Sidewalk Salt - City Owned
Buildings
1,184.00
121 7320 Equipment < $5,000 1088 Atlas Bobcat LLC QA5600 84" Snow Blade 3,056.00
238,341.48
122 6000 Professional Services 7619 Henneman
Engineering Inc
77979 HVAC Upgrades - City Hall - 10/01-
10/31/2021
2,177.32
123 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
11-0981 Exterior Pest Control - City Hall & Police
Station - 11/01/2021
80.00
124 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
11-0982 Interior Pest Control - City Hall & Police
Station - 11/01/2021
193.00
125 6195 Miscellaneous
Contractual Services
1666 Des Plaines Glass
Company
12117 Exterior Reglaze - Train Station -
10/25/2021
810.00
126 6195 Miscellaneous
Contractual Services
7350 JLJ Contracting Inc 142500 Masonry/Concrete Infill in Civic Deck
Alley 03/26/2021
1,450.00
127 6195 Miscellaneous
Contractual Services
7350 JLJ Contracting Inc 142712 Form Removal - Metro Sq Parking
Garage - 03/30/2021
1,450.00
128 6195 Miscellaneous
Contractual Services
1029 Cintas Corporation 4100030649 Mat Service - Metra Train Station -
10/27/2021
35.00
129 6195 Miscellaneous
Contractual Services
1029 Cintas Corporation 4100706506 Mat Service - Metra Train Station -
10/03/2021
35.00
130 6195 Miscellaneous
Contractual Services
1029 Cintas Corporation 4100706558 Mat Service - Police Station -
11/03/2021
122.24
131 6195 Miscellaneous
Contractual Services
1029 Cintas Corporation 4101372617 Mat Service - Metra Train Station -
11/10/2021
35.00
132 6195 Miscellaneous
Contractual Services
7146 JOS Services Inc 5051 Plumbing Repairs Fire Station 62
8/18/21
1,000.00
133 6195 Miscellaneous
Contractual Services
7146 JOS Services Inc 5052 8/19/21 Plumbing Repairs Fire Station
62
1,000.00
134 6195 Miscellaneous
Contractual Services
7146 JOS Services Inc 5053 8/20/21 Plumbing Repairs Fire Station
62
1,000.00
135 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
80554 Inspection & Rat Control - 1856 Illinois -
08/03/2021
65.00
Total 530 - Street Maintenance
Division: 535 - Facilities & Grounds Maintenance
Page 8 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
136 6195 Miscellaneous
Contractual Services
5214 State Industrial
Products
902212552 Drain Maintenance Program
11/08/2021 - City Hall
109.27
137 6195 Miscellaneous
Contractual Services
4583 Argon Electric
Company, Inc
9503 Meter Pedestal Install/Cabling - Miner
Water Tower - 11/09/2021
3,578.00
138 6315 R&M Buildings &
Structures
1025 Bedco Inc 097423 HVAC Preventative Maintenance -
Central - 10/20/2021, R-167-19
68.45
139 6315 R&M Buildings &
Structures
1025 Bedco Inc 097424 Boiler Repairs - History Center -
10/22/2021, R-167-19
493.45
140 6315 R&M Buildings &
Structures
1025 Bedco Inc 097453 HVAC Maintenance - PW Gun Range -
11/04/2021, R-167-19
390.95
141 6315 R&M Buildings &
Structures
1025 Bedco Inc 097456 Boiler Repair - Maple PS - 10/26/2021,
R-167-19
1,016.15
142 6315 R&M Buildings &
Structures
7717 Oak Brook Mechanical
Services Inc
27697 HVAC Preventative Maint - 1486 Miner -
11/01/2021-01/31/2022
400.00
143 6315 R&M Buildings &
Structures
7717 Oak Brook Mechanical
Services Inc
27698 HVAC Preventative Maint - Theater -
11/01/2021-01/31/2022
1,570.00
144 6315 R&M Buildings &
Structures
1237 Pro-Line Door Systems
Inc
91505 Garage Door Repair - PW - 10/29/2021 296.00
145 6315 R&M Buildings &
Structures
2350 Anderson Elevator Co INV-49107-Y9Y0 Elevator Inspections - November 2021 700.00
146 6315 R&M Buildings &
Structures
2350 Anderson Elevator Co INV-49107-Y9Y0 Elevator Inspections - November 2021 700.00
147 6315 R&M Buildings &
Structures
5635 Weber Group
Management Inc
WG21-372 PW Building Asbestos Abatement 11/12-
11/14/21
19,500.00
148 7000 Office Supplies 1644 Warehouse Direct Inc 5094235-0 Labels, Calendars, Pads, Folders,
Batteries, Clipboard - PW
144.00
149 7025 Supplies - Custodial 1029 Cintas Corporation 4100030693 Cleaners, Paper Towels, Soap, Mat, &
Scrubs - PW
143.87
150 7025 Supplies - Custodial 1029 Cintas Corporation 4100706548 Scrapers, Cleaners, Paper Towels, Air
Freshener, Soap, Etc. - PW
165.05
151 7025 Supplies - Custodial 1029 Cintas Corporation 4101372606 Cleaners, Paper Towels, Soap, Mat, &
Scrubs - PW
143.87
152 7030 Supplies - Tools &
Hardware
1047 Home Depot Credit
Svcs
2452049 Tools, Cordless Drill Batteries, Hex Key
Set
170.07
153 7030 Supplies - Tools &
Hardware
1047 Home Depot Credit
Svcs
7452086 Saw Blade 26.89
154 7030 Supplies - Tools &
Hardware
1047 Home Depot Credit
Svcs
8452169 Tools Wire Strippers 26.97
155 7030 Supplies - Tools &
Hardware
1057 Menard Incorporated 89143A Drill Bit Set 32.98
156 7045 Supplies - Building R&M 7807 L&W Supply
Corporation
1000832154-001 10 Cases Ceiling Tiles - City Hall 5th
Floor
1,080.00
157 7045 Supplies - Building R&M 7807 L&W Supply
Corporation
1000930778-001 7 Cartons Ceiling Tiles - City Hall Fifth
Floor
756.00
158 7045 Supplies - Building R&M 7807 L&W Supply
Corporation
1000954758-001 5 Cartons Ceiling Tiles - City Hall Fifth
Floor
642.00
159 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1077621 Ball Bearing Hinge & Key Cut - PW 28.14
160 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1077638 12 Hinge Screws - Food Pantry 3.00
161 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1077782 3 Hinges - City Hall Fifth Floor 96.63
162 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1078131 Special Key Cut - Metra Train Station 6.45
163 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1078871 Lock Set - PW Street Garage 161.54
Page 9 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
164 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1078897 Cylinder Change for Lock at PW 74.64
165 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1079012 Lock Set - PW Garage 111.00
166 7045 Supplies - Building R&M 8244 Des Plaines Ace
Hardware
1364 Roof Sealant - City Hall 23.38
167 7045 Supplies - Building R&M 8244 Des Plaines Ace
Hardware
1411 Spray Paint - PW 4.49
168 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
2626012 Apparatus Light Bulbs - Fire Station #61 311.68
169 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
3452144 Light Bulbs, Electric Supplies - Fire
Station #63
123.43
170 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
4452136 Wall Plates, GFCI Outlets, Light Bulbs,
Etc. - Fire Station #61
73.48
171 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
5071583 U-Shaped Light Bulb - City Hall Fifth
Floor
65.82
172 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
6452100 Fluorescent Light Bulbs - Fire Station
#61
20.84
173 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
6521831 Cove Base Wall Adhesive - City Hall
Fifth Floor
59.76
174 7045 Supplies - Building R&M 1527 Sherwin-Williams
Company, The
7432-3 25 Gals Paint - City Hall 193.86
175 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
7452085 Plumbing Supplies - Fire Station #61 51.84
176 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
8452166 12 Fluorescent Bulbs - City Hall 118.48
177 7045 Supplies - Building R&M 1057 Menard Incorporated 88313 Drill Bits & Door Sweep - Food Pantry 16.17
178 7045 Supplies - Building R&M 1057 Menard Incorporated 88773 Drywall, Paint, Screws, & Sandpaper -
Fire Station #61
50.21
179 7045 Supplies - Building R&M 1057 Menard Incorporated 88856 LED Bulbs - Fire Station #62 44.97
180 7045 Supplies - Building R&M 1057 Menard Incorporated 89136 Utility Blades & Utility Knife - City Hall
Fifth Floor
23.97
181 7045 Supplies - Building R&M 1057 Menard Incorporated 89142 Screws, Loctite, Spreader, Bolts, Paint,
& Brush - IT
142.85
182 7045 Supplies - Building R&M 5214 State Industrial
Products
902220385 12 Fragrance Packs - City Hall 108.16
183 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053714 (4) 6V Batteries - PW 62.12
184 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053715 4 Batteries - Fire Panel Transmitter 70.76
185 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053762 5 Backlit Panels - City Hall Fifth Floor 324.95
186 7045 Supplies - Building R&M 5969 Security Equipment
Supply Inc
N86971 Door Cable System - PW 975.91
187 7045 Supplies - Building R&M 5969 Security Equipment
Supply Inc
P00032 Door Access Hardware - City Hall 1,800.00
188 7200 Other Supplies 1057 Menard Incorporated 89105 7 Cases Bottled Water - City Hall 20.44
46,775.50
189 6040 Waste Hauling & Debris
Removal
2214 Liberty Tire Recycling 2160014 50 Tires Recycled - 11/06/2021 171.11
190 6135 Rentals 1029 Cintas Corporation 4100028313 Mechanic's Uniform Rental -
10/27/2021
183.59
Total 535 - Facilities & Grounds Maintenance
Division: 540 - Vehicle Maintenance
Page 10 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
191 6135 Rentals 1029 Cintas Corporation 4100683620 Mechanic's Uniform Rental -
11/03/2021
183.59
192 6135 Rentals 1029 Cintas Corporation 4101361402 Mechanic's Uniform Rental -
11/10/2021
183.59
193 6195 Miscellaneous
Contractual Services
8504 Verizon Connect Fleet
USA LLC
380000021014 Vehicle Diagnostic System October
2021
617.60
194 6195 Miscellaneous
Contractual Services
8481 Linde Gas &
Equipment Inc
66732552 Cylinder Rental - 09/20-10/20/2021 687.61
195 6305 R&M Equipment 1085 Alexander Equipment
Company Inc
183024 Oil Change & Service, R&R, & 6 Way
Plug - PW 5041 - 10/29/2021
492.30
196 6305 R&M Equipment 2168 Petroleum
Technologies Equipment,
Inc
29912 OSFM Inspection/Triennial Testing - PW
5PW3 - 11/08/2021
1,695.00
197 6305 R&M Equipment 2168 Petroleum
Technologies Equipment,
Inc
29944 UST Triennial Testing & Overspill Test -
PW 5PW3 - 11/12/2021
880.00
198 6305 R&M Equipment 6598 Cummins Inc F2-6028 Generator Service & Load Bank Test -
Police 6101 - 10/27/2021,
747.56
199 6305 R&M Equipment 6598 Cummins Inc F2-6253 Generator Service - PW 9110 -
10/27/2021
516.33
200 6310 R&M Vehicles 2164 JB Metal Works Inc 19717 Tank Storage Cabinet - Fire 7522 -
11/02/2021
2,400.00
201 6310 R&M Vehicles 2164 JB Metal Works Inc 19721 Steel Fabrication 11/12/2021 - PW 5079 590.00
202 6310 R&M Vehicles 1278 Dave & Jim's Auto
Body Inc
21737 Front End Alignment - PW 5089 -
11/03/2021
100.00
203 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake &
Supply Co
01_218669 Air Dryer, Brake Valves, & Brass Fittings -
Fire 7801
583.13
204 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake &
Supply Co
01_220443 Pressure Protection Valve - Fire 7801 58.82
205 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound
LLC
1-0235770 36 Oil Filters - Police Stock 187.92
206 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound
LLC
1-0235802 Brake Pads - Police Stock 57.91
207 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound
LLC
1-0236825 Brake Pads - Police Stock 115.82
208 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound
LLC
1-0238192 Brake Pads, Rotors, & Air Filters - Police
Stock
585.02
209 7040 Supplies - Vehicle R&M 1045 Havey
Communications
11253 2 Park Modules - Police Stock & PD
6081
118.00
210 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 133345356 Washer Solvent & Engine Oil 754.85
211 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 133350140 Bulk Oil & Hydraulic Oil 1,150.50
212 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 133350141 Penetrating Oil - Police Stock 99.36
213 7040 Supplies - Vehicle R&M 1080 Air One Equipment Inc 174081 3 Task Force Tip Spray Kits - Fire 7609 133.95
214 7040 Supplies - Vehicle R&M 3315 Regional Truck
Equipment
228516 4 Eye Bolts - PW Stock 49.85
215 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-497366 Axel Seal - Police 6040 13.36
216 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-497702 Wheel Seal - Police 6040 8.43
217 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 280127040 4 Tires - PW 5043 664.04
Page 11 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
218 7040 Supplies - Vehicle R&M 2168 Petroleum
Technologies Equipment,
Inc
29913 OSFM Inspection - City Hall -
11/08/2021
595.00
219 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 514571P Fuel Fill Pipe - Police 6091 193.34
220 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 514648P 2 Sensors & 2 Gaskets - Police 6073 181.40
221 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 514741P Fuel Fill Pipe - Fire 6519 193.34
222 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 515142P Tie Rod Tube & End - PW 5069 522.19
223 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 515180P Transmission Fluid - Police Stock 369.60
224 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 515786P Shift Cable - Police 6042 42.80
225 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 516071P Fuel Cap - PW 5101 20.00
226 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 802551 Core Deposit Return & Parts Return -
PW
(82.61)
227 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 802553 Core Deposit Return - PW 5051 (133.34)
228 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 808960 2 Air Filters - PW Stock 88.88
229 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 811376 Returned A/C Tape - Fire 7801 (16.23)
230 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 811624 Returned Wheel Seals & Grommets -
PW 5069
(104.12)
231 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 811694 Core Deposit Returns - PW 5069 (86.42)
232 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 811771 Core Deposit Return - PW (82.50)
233 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 812665 Cabin Filter, 6 Air Filters, & Diesel
Exhaust Fuel - PW Stock
313.25
234 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 812916 Brake Shoes, Pads, & Rotors - Police
6040
349.78
235 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 9317541 Brass Fittings, Drill Bits, Stainless
Hardware, Etc. - Fire Stock
441.98
236 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 9361090 Wiring, Threadlocker, Sealant, Paint
Sticks - PW Stock
432.24
237 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 9362029 Nylon Clamps, Cable Ties, Hose Clamps,
Washers, Etc. - PW Stock
396.38
238 7040 Supplies - Vehicle R&M 1575 Pirtek O'Hare OH-T00014492 JIC Elbow - PW 5120 6.40
239 7040 Supplies - Vehicle R&M 8104 MacQueen Emergency
Group
P12427 Stay Put Knob - Fire 7608 38.93
240 7040 Supplies - Vehicle R&M 8104 MacQueen Emergency
Group
P12764 Rocker Switches & Seat Belts - Fire 7608 267.54
241 7040 Supplies - Vehicle R&M 8104 MacQueen Emergency
Group
P12765 Brake Valve - Fire 7801 253.06
242 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc X101047048:01 Stabilizer Links, Nuts, Washers &
Bushings - Fire 7706
227.02
243 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc X101047120:02 Belt Tensioner - Fire 7703 177.21
244 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc X101047120:03 Stabilizer Link & 2 Bushings - Fire 7703 102.54
245 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc X101049428:01 Control Arms, Plugs, & Seals - PW 5091 97.76
Page 12 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
246 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc X101049428:02 2 Control Arms & 4 Vent Plugs - PW
Stock
60.84
247 7120 Gasoline 7349 Wex Inc 75515930 Fuel Purchases - PW, Fire, Police - Oct
2021
728.95
248 7130 Diesel 7349 Wex Inc 75515930 Fuel Purchases - PW, Fire, Police - Oct
2021
905.49
249 7320 Equipment < $5,000 1450 Terrace Supply Co 70514624 Plasma Cutter, Filter Assembly, & Filter -
Shop Equipment
530.12
21,060.06
346,128.71
250 5325 Training 1129 DuPage, College of 13376 Police Academy Training for 3 Recruits
9/13-12/17/2021
11,206.80
251 7300 Uniforms 1489 JG Uniforms Inc 25338 Uniforms for New Officer 706.10
252 7300 Uniforms 1489 JG Uniforms Inc 90542 Uniforms for New Officer 1,357.95
253 7300 Uniforms 1489 JG Uniforms Inc 90571 Uniforms for New Officer 1,357.95
254 7300 Uniforms 1489 JG Uniforms Inc 90740 Uniforms for New Officer 502.85
15,131.65
255 6195 Miscellaneous
Contractual Services
1517 Trans Union LLC 10150188 Investigations Database 09/26-
10/25/2021
100.00
256 6195 Miscellaneous
Contractual Services
1572 LexisNexis Risk
Solutions
1037713-
20211031
Investigations Database 10/1-
10/31/2021
378.75
257 6195 Miscellaneous
Contractual Services
1683 Thomson Reuters 845287987 Investigations Database 10/1/-
10/31/2021
333.87
812.62
258 5325 Training 1265 NIPAS Northern Illinois
Police Alarm Sys
14013 Annual NIPAS Training Meeting
11/10/2021 (7 Attendees)
203.00
259 6000 Professional Services 5975 Aero Removals Trisons
Inc
21730A Removal and Transport of 2 Deceased
October 2021
700.00
260 6015 Communication Services 1139 Cook County of Illinois 10/07/2021 Wan & CABS Maintenance For 1/1-
12/31/2020
2,501.40
261 6110 Printing Services 7941 Covius Document
Services LLC
DK114187 250 Electronic Certified Mail Forms
10/21/2021
238.28
262 6195 Miscellaneous
Contractual Services
1077 Shred-It USA LLC 8000296518 Shredding Services 08/20-10/29/2021 713.50
263 6300 R&M Software 8154 DACRA Tech LLC DT 2021-10-50 DACRA Tech Software Support Fee
10/25/2021-10/24/2022
10,500.00
264 6305 R&M Equipment 1729 Triton Electronics Inc 7565 Calibrate, Re-Certify Radar/ Lidar Units
10/27/2021
1,640.50
265 6345 R&M Police Range 3882 Best Technology
Systems Inc
BTL-21011-10 Oct 2021 Service Agreement for Range
Cleaning and Maintenance
612.05
266 7000 Office Supplies 1644 Warehouse Direct Inc 5092979-0 Wall Calendars, Desk Calendars,
Envelopes, Plastic Knives
234.11
267 7000 Office Supplies 1644 Warehouse Direct Inc 5096388-0 4 Boxes of Envelopes and 4 Packs of
Napkins
70.76
268 7015 Supplies - Police Range 6851 Axon Enterprise Inc INUS027738 3 TPPM Pinky Extender Batteries 213.18
269 7200 Other Supplies 1644 Warehouse Direct Inc 5086240-1 1 Carton of Paper Cups 89.68
Total 540 - Vehicle Maintenance
Division: 620 - Criminal Investigation
Total 620 - Criminal Investigation
Division: 630 - Support Services
Total 50 - Public Works & Engineering
Police Department
Division: 610 - Uniformed Patrol
Total 610 - Uniformed Patrol
Page 13 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
270 7200 Other Supplies 1644 Warehouse Direct Inc 5092979-0 Wall Calendars, Desk Calendars,
Envelopes, Plastic Knives
37.77
271 7200 Other Supplies 1644 Warehouse Direct Inc 5096388-0 4 Boxes of Envelopes and 4 Packs of
Napkins
27.80
272 7200 Other Supplies 1644 Warehouse Direct Inc 5098774-0 1 Carton of Plastic Forks and 1 Carton
of Plastic Knives
37.77
273 7200 Other Supplies 1644 Warehouse Direct Inc 5098774-1 1 Carton of Plastic Forks 39.60
274 7200 Other Supplies 8243 Mallory Safety &
Supply LLC
5212372 10 Packs of Prisoner Blankets 1,268.74
275 7300 Uniforms 5705 Artistic Engraving 17689 Life Saving Medals (23), Award Ribbons
(28)
2,301.22
21,429.36
37,373.63
276 7000 Office Supplies 1644 Warehouse Direct Inc 5091159-0 2 Boxes Hanging Folders Yellow/Green 50.83
50.83
277 5325 Training 1252 NIPSTA 25381010 Advanced Tech FF - Paramedic 11/29-
12/03/2021
800.00
278 5325 Training 1252 NIPSTA 33393742 Misc Trainings Session-5 Paramedics, 2
Engrs 11/15/21-02/25/22
5,900.00
279 5325 Training 3792 Illinois, University of UFIW2294 Advanced Tech FF /NFPA FF II Session-
09/27/21 - Paramedic
970.00
280 6000 Professional Services 8192 Rebound 2025 Consulting-Orthopedic Patient
Navigator Contract-November 2021
823.39
281 6195 Miscellaneous
Contractual Services
1077 Shred-It USA LLC 8000191610 On Site Shredding Station 61 - 09/24/21 84.63
282 6300 R&M Software 8226 Target Solutions
Learning, LLC
INV32377 96 Online Training Course Memberships-
09/30/21-09/29/22
9,204.92
283 6305 R&M Equipment 1080 Air One Equipment Inc 174017 Nozzle Repair 10/21/21 - Station 61 148.25
284 6305 R&M Equipment 1947 Fire Service Inc 37021 Pump Test 11/03/21 - Engine 63 300.00
285 6305 R&M Equipment 1947 Fire Service Inc 37022 Pump Test 11/03/21 - Engine 61 300.00
286 6305 R&M Equipment 1947 Fire Service Inc 37023 Pump Test 11/03/21 - Engine 65 300.00
287 6305 R&M Equipment 1947 Fire Service Inc 37024 Pump Test 11/03/21 - Tower 61 300.00
288 6305 R&M Equipment 1947 Fire Service Inc 37025 Pump Test 11/03/21 - Engine 62 300.00
289 6305 R&M Equipment 1660 Safety-Kleen Systems
Inc
87415875 Parts Washer Solvent - Station 61 -
Service 11/01/21
159.00
290 7035 Supplies - Equipment
R&M
2054 Breathing Air Systems INV-OH2172 Repair Kit - Station 61 Air Compressor 58.64
291 7200 Other Supplies 1571 Welding Industrial
Supply
2783105 5 Therapy Oxygen Cylinders 126.02
292 7200 Other Supplies 3297 Bound Tree Medical
LLC
84276792 Trauma Bag Case, 6 Curaplex
Laryngoscope Handles
665.53
293 7300 Uniforms 3212 On Time Embroidery
Inc
88844 Job Shirt - Paramedic 76.00
294 7300 Uniforms 3212 On Time Embroidery
Inc
88847 S/S Polo - Paramedic 46.00
295 7300 Uniforms 3212 On Time Embroidery
Inc
88969 Job Shirt, 2 S/S Polos - Chief 149.00
Division: 100 - Administration
Total 100 - Administration
Division: 710 - Emergency Services
Total 630 - Support Services
Total 60 - Police Department
Fire Department
Page 14 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
296 7300 Uniforms 3212 On Time Embroidery
Inc
89259 2 S/S Polos - Battalion Chief 84.00
297 7300 Uniforms 3212 On Time Embroidery
Inc
89472 Alterations - Lieutenant 17.00
298 7300 Uniforms 3212 On Time Embroidery
Inc
89473 4 S/S Polos, Top Cap - Division Chief 280.00
299 7300 Uniforms 3212 On Time Embroidery
Inc
89494 2 S/S Polos - Engineer 94.00
300 7300 Uniforms 3212 On Time Embroidery
Inc
89495 2 BDU Shorts - Paramedic 58.00
301 7300 Uniforms 3212 On Time Embroidery
Inc
89823 3 S/S Polo - Engineer 141.00
302 7300 Uniforms 3212 On Time Embroidery
Inc
90157 Quarter Zip Job Shirt - Deputy Chief 65.00
303 7300 Uniforms 3212 On Time Embroidery
Inc
90491 Division Chief Shirt Badge - Division
Chief
90.00
304 7300 Uniforms 3212 On Time Embroidery
Inc
90494 Quarter Zip Job Shirt - Paramedic 71.00
305 7300 Uniforms 3212 On Time Embroidery
Inc
90500 S/S Polo - Engineer 44.00
306 7300 Uniforms 3212 On Time Embroidery
Inc
90501 Quarter Zip Job Shirt, 4 S/S Polos -
Lieutenant
258.00
307 7300 Uniforms 3212 On Time Embroidery
Inc
90603 8 Deputy Chief Staff Pins - Deputy Chief 176.00
308 7300 Uniforms 3212 On Time Embroidery
Inc
91349 3 S/S Polos - Lieutenant 141.00
309 7300 Uniforms 3212 On Time Embroidery
Inc
92001 Alterations - Division Chief 9.00
310 7300 Uniforms 3212 On Time Embroidery
Inc
92002 Alterations - Battalion Chief 58.00
311 7300 Uniforms 3212 On Time Embroidery
Inc
92024 2 S/S Polo, Job Shirt - Engineer 149.00
312 7300 Uniforms 3212 On Time Embroidery
Inc
92028 2 Trousers - Paramedic 144.00
313 7300 Uniforms 3212 On Time Embroidery
Inc
92030 3 S/S Polos, 2 L/S Polos - Paramedic 224.00
314 7300 Uniforms 3212 On Time Embroidery
Inc
92031 2 S/S Polos, L/S Polo - Engineer 133.00
315 7300 Uniforms 3212 On Time Embroidery
Inc
92263 6 T-Shirts - Paramedic 72.00
316 7300 Uniforms 3212 On Time Embroidery
Inc
92746 Alterations - Lieutenant 19.00
317 7300 Uniforms 3212 On Time Embroidery
Inc
92877 Knit Cap, 4 T-Shirts - Engineer 51.00
318 7300 Uniforms 3212 On Time Embroidery
Inc
92878 Knit Cap, Twill Cap - Engineer 34.00
319 7300 Uniforms 3212 On Time Embroidery
Inc
92879 6 T-Shirts, Knit Cap - Paramedic 92.00
320 7300 Uniforms 3212 On Time Embroidery
Inc
92880 Jogger Oxford - Paramedic 89.00
321 7300 Uniforms 3212 On Time Embroidery
Inc
92881 Cotton Shirt, Knit Cap, New Dimension
Shirt - Battalion Chief
104.00
322 7300 Uniforms 3212 On Time Embroidery
Inc
92882 3 T-Shirts, Knit Cap - Paramedic 42.00
323 7300 Uniforms 3212 On Time Embroidery
Inc
92883 Jogger Oxford, Leather Belt - Lieutenant 115.00
Page 15 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
324 7300 Uniforms 3212 On Time Embroidery
Inc
92884 3 T-Shirts - Paramedic 27.00
325 7300 Uniforms 3212 On Time Embroidery
Inc
92885 Knit Cap - Paramedic 20.00
326 7300 Uniforms 3212 On Time Embroidery
Inc
92886 Quarter Zip Job Shirt, S/S Polo, 2 Station
Pants - Lieutenant
229.00
327 7300 Uniforms 3212 On Time Embroidery
Inc
92887 Quarter Zip Job Shirt - Battalion Chief 65.00
328 7300 Uniforms 3212 On Time Embroidery
Inc
92931 Alterations - Paramedic 10.00
329 7300 Uniforms 3212 On Time Embroidery
Inc
92932 Alterations - Lieutenant 28.00
330 7300 Uniforms 3212 On Time Embroidery
Inc
92979 Academy Oxford - Lieutenant 62.00
331 7300 Uniforms 3212 On Time Embroidery
Inc
93463 Trousers - Lieutenant 72.00
332 7300 Uniforms 3212 On Time Embroidery
Inc
93466 Job Shirt - Paramedic 65.00
333 7300 Uniforms 3212 On Time Embroidery
Inc
93467 2 Station Pants - Battalion Chief 112.00
334 7300 Uniforms 3212 On Time Embroidery
Inc
93468 2 S/S Polos, 2 Station Pants - Paramedic 196.00
335 7300 Uniforms 3212 On Time Embroidery
Inc
93469 3 Trousers, Pocketed Shorts -
Lieutenant
235.00
336 7320 Equipment < $5,000 1080 Air One Equipment Inc 174162 2 Task Force Tips - Squad 63 3,328.00
337 7320 Equipment < $5,000 8470 H6 Tactical Inc SI-107998A 43 Radio Straps, Holsters, Sway Straps,
Embroidery-Station Wide
372.69
28,387.07
338 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111021 Water Delivered 10/14/2021 30.93
339 7300 Uniforms 3212 On Time Embroidery
Inc
90272 3 S/S Polos - Inspector 132.00
340 7300 Uniforms 3212 On Time Embroidery
Inc
93464 Job Shirt, 2 Station Pants, 2 L/S Polos -
Division Chief
287.00
449.93
28,887.83
341 6030 AMB Fee Processing
Services
3640 Andres Medical Billing
Ltd
253190 Collections for Services Oct 2021 -
Ambulance Fees
10,484.62
10,484.62
512,433.86
342 8100 Improvements 8070 Walsh Construction
Company II LLC
CivicDeck-P21R Civic Deck Application #21 - 10/01-
10/31/2021 - R-204-19
493,146.00
493,146.00
Total 710 - Emergency Services
Department: 90 - Overhead
Total 90 - Overhead
Total 100 - General Fund
Division: 720 - Fire Prevention
Total 720 - Fire Prevention
Total 70 - Fire Department
Fund: 201 - TIF #1 Downtown Fund
Total 201 - TIF #1 Downtown Fund
Page 16 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
343 8375 Bank/Trust/Agency Fees 1718 Amalgamated Bank of
Chicago
1853486004-2021 Bank/Agency Fees Bond Series 2009A
for 11/01/2021-10/31/2022
350.00
350.00
350.00
344 6160 Street Crack Filling 6753 Denler Inc 20213730 Asphalt/Concrete Crack Sealing - 08/03-
10/18/2021,R-79-21 Pymt 1
71,470.16
345 6165 Street Pavement
Markings
8462 Marking Specialists
Corporation
28454-1019 Pavement Marks/Reflector Repairs-PW -
09/22-09/30/2021, R-123-21
84,835.95
346 6330 R&M Traffic Signals 1139 Cook County of Illinois 2021-3 Traffic Signal Maint.-Dempster & Potter
07/01-09/30/2021
1,253.25
347 8100 Improvements 3099 Schroeder Asphalt
Services Inc
2021-CIP-MFT-P4 R-88-21 2021 CIP Street & Utility
Improvements 10/13-11/11/2021
733,714.65
348 8100 Improvements 1402 DiNatale Construction
Inc
2021-Concrete-P7 R-82-21 2021 CIP Concrete
Improvements 10/14-10/22/2021
6,119.23
897,393.24
349 6604 CDBG Care Act Program 1169 Center of Concern 1111DPSB4 Small Business Assistance 09/26-
11/11/2021 CDBG-B-20-MW-17-0009
18,417.50
350 6604 CDBG Care Act Program 1169 Center of Concern 1111ENTCV#3F Public Service Fin Assistance 11/1-
11/11/21 CDBG-B-20-MW-17-0009
1,111.59
19,529.09
351 6000 Professional Services 4001 Rick Hiton &
Associates
10210008 Hazard Mitigation Program - 1 Home
Appraisal 11/01/2021
350.00
352 6000 Professional Services 1123 Christopher B Burke
Engineering LTD
170279 R-157-21 Engr Services for Area #4
Flood Imp 09/26-10/30/2021
7,336.50
353 6000 Professional Services 1126 Civiltech Engineering
Inc
3556-07 R-26-21 Engr Svcs - Rand Rd Sidepath
09/25-10/29/2021
67,185.66
354 6000 Professional Services 8519 Wolin Law Group LLC 662-0LN0016 Legal Fees-Lee & Forest TL 1286 Lee St
09/29/2021
87.50
355 6005 Legal Fees 6997 Walker Wilcox
Matousek LLP
186316-0L60001 Legal Fees-Ballard Rd Sidepath 2250
Ballard Rd 08/05-08/30/2021
5,560.00
356 8100 Improvements 1206 Illinois, State of 124246 R-67-19 Construction-Lee-Forest
Signalization 08/02-09/30/2021
57,717.41
357 8100 Improvements 1086 Arrow Road
Construction Company
2020-A-P12 R-125-20 & R-168-21 Contractor 2020
CIP 09/24-11/05/2021
736,418.55
358 8100 Improvements 5423 KLF Enterprises 2021-Bend-P2 FEMA Pre-Disaster Mitigation Program
Demolition 09/21-10/29/21 - R-33-21
51,483.15
926,138.77
926,138.77
359 7300 Uniforms 1164 Uniform Den East Inc 75682 (3) Helix Brand Level II Ballistic Vests -
(3) New Officers
1,510.00
Program: 09A0 - 2009A Refunding 2003C/2004B
Total 09A0 - 2009A Refunding 2003C/2004B
Total 206 - TIF #6 Mannheim/Higgins Fund
Fund: 206 - TIF #6 Mannheim/Higgins Fund
Fund: 250 - Grant Projects Fund
Program: 2520 - Capital Grants
Total 2520 - Capital Grants
Fund: 230 - Motor Fuel Tax Fund
Total 230 - Motor Fuel Tax Fund
Fund: 240 - CDBG Fund
Total 240 - CDBG Fund
Total 250 - Grant Projects Fund
Fund: 260 - Asset Seizure Fund
Program: 2620 - DEA
Page 17 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
360 7300 Uniforms 1164 Uniform Den East Inc 77081 (19) Helix Brand Level II Ballistic Vests 8,668.15
361 7300 Uniforms 1164 Uniform Den East Inc 77081 (19) Helix Brand Level II Ballistic Vests 140.00
362 7550 Miscellaneous Expenses 1164 Uniform Den East Inc 77081 (19) Helix Brand Level II Ballistic Vests 142.30
363 8010 Furniture & Fixtures 6072 Direct Fitness
Solutions LLC
0245827-IN 1,450 Sq Ft. of Rubber Floor Tiles 6,233.94
364 8015 Equipment 1047 Home Depot Credit
Svcs
9974426 Conduit, Cord Cover, Clamps for Smart
Board
63.23
16,757.62
365 6305 R&M Equipment 6917 Elastec Inc 0038001-IN Replacement Push Plate, Stir Rod, Spark
Screen for Incinerator 10/27/2021
233.13
233.13
16,990.75
366 6000 Professional Services 7623 UrbanHydro
Engineering Inc
168 2021 FEMA BRIC Grant Sup-Appl-New
Fire Sta 10/01-10/31/2021
3,300.00
367 6000 Professional Services 1079 AECOM Technical
Services Inc
2000558570 R-126-21 Professional Engr Svcs-Task
Order #4 10/09-11/05/2021
27,989.50
368 6000 Professional Services 1199 Spaceco Inc 87091 R-104-21 Engr Svcs - Task Order 1 09/26-
10/30/2021
22,815.00
369 6000 Professional Services 2436 Haeger Engineering
LLC
88054 2022 Topographic Survey and Drafting
09/23-10/22/2021
5,000.00
370 6000 Professional Services 2436 Haeger Engineering
LLC
88166 2022 Topographic Survey and Drafting
10/24-11/15/2021
2,460.75
371 8100 Improvements 1086 Arrow Road
Construction Company
2020-A-P12 R-125-20 & R-168-21 Contractor 2020
CIP 09/24-11/05/2021
9,445.41
372 8100 Improvements 1328 John Neri Construction
Company Inc
2021-A-P6 R-81-21 2021 CIP Street & Utility
Improvements 10/08-11/05/2021
367,403.05
438,413.71
373 8020 Vehicles 5733 Roesch Ford DP15188 Vehicle Purchase - PW 5064 -
10/26/2021
45,259.00
45,259.00
374 8020 Vehicles 1146 Currie Motors
Frankfort Inc
E8976 (1) 2021 Ford Interceptor AWD Vehicle 33,574.00
33,574.00
78,833.00
375 8005 Computer Hardware 1035 Dell Marketing LP 10532796751 3 Dell OptiPlex 5090 2,180.43
2,180.43
Program: 2640 - Forfeit
Total 2640 - Forfeit
Total 260 - Asset Seizure Fund
Total 2620 - DEA
Department: 00 - Non Departmental
Total 00 - Non Departmental
Department: 60 - Police Department
Total 60 - Police Department
Fund: 400 - Capital Projects Fund
Total 400 - Capital Projects Fund
Fund: 410 - Equipment Replacement Fund
Total 410 - Equipment Replacement Fund
Fund: 420 - IT Replacement Fund
Total 420 - IT Replacement Fund
Page 18 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
376 6000 Professional Services 2436 Haeger Engineering
LLC
88087 Utility As Built Drawings Civic Deck
9/29/21-10/27/21
1,660.00
377 6315 R&M Buildings &
Structures
7350 JLJ Contracting Inc 142559 Glass Block Install - Theater Bathroom -
06/11/2021
9,280.00
378 6315 R&M Buildings &
Structures
1338 L Marshall
Incorporated
23673 Gutter Cover Fabrication/Install for
Theatre 10/26/2021
990.00
379 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3675 1/11/21 Plumbing Repairs Theatre 1,000.00
380 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3676 1/12/21 Plumbing Repairs Theatre 1,000.00
381 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3677 1/13/21 Plumbing Repairs Theatre 1,000.00
382 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3678 1/14/21 Plumbing Repairs Theatre 1,000.00
383 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3679 1/15/21 Plumbing Repairs Theatre 1,000.00
384 6315 R&M Buildings &
Structures
4583 Argon Electric
Company, Inc
9502 Timer Install for Theatre Marquee
11/09/2021
1,988.00
385 6315 R&M Buildings &
Structures
7717 Oak Brook Mechanical
Services Inc
992812 Gas Pipe Extension - Theatre -
10/28/2021
2,754.00
386 6315 R&M Buildings &
Structures
7717 Oak Brook Mechanical
Services Inc
992830 FINAL Storefront HVAC Pay App #7-
Theater - 11/01/2021, R-52-20
37,241.40
387 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1078075 Keys for Theatre 38.70
388 7045 Supplies - Building R&M 1018 Anderson Lock
Company LTD
1078606 Keys for 1486 Miner 6.45
389 7045 Supplies - Building R&M 1941 Global Equipment
Company
118366924 Mesh Panel and Hardware for Civic
Deck
385.80
390 7045 Supplies - Building R&M 1941 Global Equipment
Company
118370736 Top Cap Mounting Rail for Civic Deck 318.29
391 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
2452050 Signs for the Bathrooms at the Theater 49.25
392 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
3452041 Ticket Booth at the Theater - Floor
Supplies
67.35
393 7045 Supplies - Building R&M 1057 Menard Incorporated 88425 Restroom Signs for Theatre 15.96
394 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053533 Electric Supplies for Disconnect on
Stage at the Theater
118.02
395 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053535 Electric Supplies for Disconnect on
Stage at the Theater
517.57
396 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053541 Electric Supplies for the Theater 32.14
397 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053549 Knockout Plugs for the Theater Electric
Boxes
9.33
398 7045 Supplies - Building R&M 1208 Steiner Electric
Company
S007014556.001 Electric Supplies for Theater 1,738.66
399 7045 Supplies - Building R&M 1208 Steiner Electric
Company
S007014556.002 Floor Box Cover for Theatre 12.02
400 7045 Supplies - Building R&M 1208 Steiner Electric
Company
S007017320.001 Conduit for Civic Deck 1,773.40
401 8100 Improvements 8070 Walsh Construction
Company II LLC
CivicDeck-P21R Civic Deck Application #21 - 10/01-
10/31/2021 - R-204-19
310,836.00
374,832.34
Fund: 430 - Facilities Replacement Fund
Total 430 - Facilities Replacement Fund
Page 19 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
402 4601 New Construction - Sale
of Water
1805 Pine Park
Homeowner's Assn
Refund 11/02/21 Hydrant Meter Usage Refund
11/02/2021
(528.61)
403 4601 New Construction - Sale
of Water
6471 Winters Landscape -
Christen
Refund 11/04/21 Hydrant Meter Usage Refund
11/03/2021
(44.07)
(572.68)
404 6040 Waste Hauling & Debris
Removal
7691 Builders Asphalt LLC 85437 2.14 Tons Asphalt-Potholes & 2 Loads
of Broken Asphalt Disposal 09/03/2021
100.00
405 6040 Waste Hauling & Debris
Removal
7691 Builders Asphalt LLC 86299 38.32 Tons Asphalt & 3.0 Loads Disposal
- 08/21/2021, R-38-21
150.00
406 6115 Licensing/Titles 4319 Strzelecki, David M Reimb
09/01/2021
CDL License - Water Operator -
09/01/2021 - Exp 02/06/2026
35.00
407 6180 Water Sample Testing 1642 Suburban
Laboratories, Inc
189416 IEPA Testing - 05/04-05/25/2021 780.00
408 6180 Water Sample Testing 1642 Suburban
Laboratories, Inc
196020 IEPA Testing - 10/05-10/26/2021 2,076.00
409 6195 Miscellaneous
Contractual Services
6738 Maul Paving Inc 2021-1665 Crack Sealing - Central Pump Station -
10/21/2021
1,410.00
410 6195 Miscellaneous
Contractual Services
6738 Maul Paving Inc 2021-1705 Additional Seal Coating - Central Pump
Station - 11/01/2021
1,000.00
411 6195 Miscellaneous
Contractual Services
5400 Dahme Mechanical
Industries Inc
20210293 Expansion Joint Replacement - Central
Rd - 09/03-09/09/2021
1,888.75
412 6195 Miscellaneous
Contractual Services
5400 Dahme Mechanical
Industries Inc
20210302 Pipe Insulation Repairs - 10/07/2021 1,001.50
413 6195 Miscellaneous
Contractual Services
5400 Dahme Mechanical
Industries Inc
20210318 9 Backflow Inspections - 10/22/2021 1,890.00
414 6195 Miscellaneous
Contractual Services
1467 HBK Water Meter
Service Inc
210517 32 Meter Bench Tests - 09/28/2021 816.00
415 6195 Miscellaneous
Contractual Services
1467 HBK Water Meter
Service Inc
210519 Meter Bench Test - 10/01/2021 25.50
416 6195 Miscellaneous
Contractual Services
4031 Giant Maintenance &
Restoration Inc
4464 250 Hydrants Painted - 10/12-
10/29/2021
19,212.50
417 6195 Miscellaneous
Contractual Services
4583 Argon Electric
Company, Inc
9495 Air Fiber Dish Install - Central Pump
Station - 09/11-09/29/2021
14,905.00
418 6195 Miscellaneous
Contractual Services
6992 Core & Main LP P852992 Water Meter Purchases/Installs - 10/04-
10/17/2021, R-9-21
9,859.00
419 6195 Miscellaneous
Contractual Services
6992 Core & Main LP P861675 Water Meter Purchases/Installs - 10/18-
10/24/2021, R-9-21
2,783.00
420 6305 R&M Equipment 6598 Cummins Inc F2-6028 Generator Service & Load Bank Test -
Police 6101 - 10/27/2021,
868.17
421 6305 R&M Equipment 6598 Cummins Inc F2-6253 Generator Service - PW 9110 -
10/27/2021
599.64
422 6305 R&M Equipment 1154 West Side Tractor
Sales
L87711 Hydraulic Leak Repair - PW 9014 -
11/01/2021
1,289.59
423 6305 R&M Equipment 1154 West Side Tractor
Sales
L87884 Hydraulic Leak Repair - PW 9014 -
11/11/2021
2,424.07
424 6310 R&M Vehicles 4280 Rush Truck Centers of
Illinois Inc
3025508972 Engine Repair - PW 9031 - 11/05/2021 3,544.15
425 6315 R&M Buildings &
Structures
3326 A-1 Roofing Co 33342 Roof Leak Repair - Maple PS -
10/22/2021
665.00
426 7020 Supplies - Safety 1043 WW Grainger Inc 9096969572 Flammable Cabinet 673.26
427 7020 Supplies - Safety 1043 WW Grainger Inc 9097762034 Horizontal Cylinder Storage 530.95
Fund: 500 - Water/Sewer Fund
Non Departmental
Division: 000 - Non Divisional
Total 000 - Non Divisional
Division: 550 - Water Systems
Page 20 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
428 7020 Supplies - Safety 1192 Sherwin Industries Inc SS091394 6 Sidewalk Closed Signs 310.40
429 7030 Supplies - Tools &
Hardware
8244 Des Plaines Ace
Hardware
1410 4 Key Holders & 5 Key Bands - Water 20.16
430 7035 Supplies - Equipment
R&M
6244 Valvoline LLC 133350140 Bulk Oil & Hydraulic Oil 805.35
431 7035 Supplies - Equipment
R&M
8244 Des Plaines Ace
Hardware
1391 Batteries 26.08
432 7035 Supplies - Equipment
R&M
8454 NAPA Auto Parts 813127 6 Hose Fittings & Hose - PW 9037 635.36
433 7035 Supplies - Equipment
R&M
1154 West Side Tractor
Sales
N14604 Cap Screw & Nuts - PW 9014 64.41
434 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 133345356 Washer Solvent & Engine Oil 40.00
435 7045 Supplies - Building R&M 8244 Des Plaines Ace
Hardware
1421 Batteries for Door Opener - Water Dept 16.19
436 7045 Supplies - Building R&M 8244 Des Plaines Ace
Hardware
1428 Water Nozzle & Hose - Water 19.78
437 7045 Supplies - Building R&M 1047 Home Depot Credit
Svcs
4452128 Replacement Battery - Central PS 22.47
438 7045 Supplies - Building R&M 1043 WW Grainger Inc 9096330254 15 Light Bulbs - Maple Pump Station 59.55
439 7045 Supplies - Building R&M 2313 City Electric Supply
Company (CES)
DEP/053466 Emergency Light Battery - Central Pump
Station
112.29
440 7050 Supplies - Streetscape 1347 Lurvey Landscape
Supply
T1-10412997 700 Rolls Sod & 25 Lbs Grass Seed -
09/23/2021
82.50
441 7050 Supplies - Streetscape 1347 Lurvey Landscape
Supply
T1-10418192 1.0 Cu Yds Top Soil - Parkway
Restoration - 10/22/2021
17.05
442 7050 Supplies - Streetscape 1347 Lurvey Landscape
Supply
T1-10419243 0.5 Cu Yd Top Soil - Restorations -
11/01/2021
17.05
443 7070 Supplies - Water System
Maintenance
8244 Des Plaines Ace
Hardware
1282 Fasteners 22.15
444 7070 Supplies - Water System
Maintenance
8244 Des Plaines Ace
Hardware
1288 Fasteners 1.79
445 7070 Supplies - Water System
Maintenance
1702 Diamond Paint &
Home Center LLC
220000008045 Bollard Paint - Oakton & Central 49.64
446 7070 Supplies - Water System
Maintenance
1702 Diamond Paint &
Home Center LLC
220000008428 Hydrant Paint & Brush 139.26
447 7070 Supplies - Water System
Maintenance
3781 Smith Ecological
Systems Company
23589 Chlorine System Injector 604.94
448 7070 Supplies - Water System
Maintenance
1709 Ziebell Water Service
Products Inc
255871-000 2 Valve Box Risers & Water Cover 142.00
449 7070 Supplies - Water System
Maintenance
6992 Core & Main LP P905455 Repair Clamps & Fittings 2,432.00
450 7070 Supplies - Water System
Maintenance
6992 Core & Main LP P936427 Valve Box Riser 22.50
451 7105 Wholesale Water -
NWWC
2901 Northwest Water
Commission
11012021 Wholesale Water Purchase - October
2021 - 11/01/2021, R-183-14
339,658.20
452 7150 Water Treatment
Chemicals
1082 Alexander Chemical
Corporation
46913 9 Chlorine Cylinders 1,679.00
453 7150 Water Treatment
Chemicals
1082 Alexander Chemical
Corporation
46914 5 Chlorine Cylinders 1,062.50
454 7150 Water Treatment
Chemicals
1082 Alexander Chemical
Corporation
46983 Credit for Returned Cylinders (400.00)
455 7320 Equipment < $5,000 2513 Lee Jensen Sales Co 0013227-00 6 Blue Gator Mats - Excavators 980.00
Page 21 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
456 8015 Equipment 1322 Insight Public Sector 1100881726 28 Panasonic Cameras 17,200.68
434,370.38
457 6195 Miscellaneous
Contractual Services
1559 Continental Weather
Svc
194012 Weather Forecasting - November 2021 150.00
458 6195 Miscellaneous
Contractual Services
6738 Maul Paving Inc 2021-1706 Crack Sealing - Levee 50 Driveway -
11/01/2021
1,410.00
459 6195 Miscellaneous
Contractual Services
5737 Jamerson & Bauwens
Electrical Contractors Inc
85438 Pump #2 Inspection - Levee 50 -
09/30/2021
1,223.00
460 6305 R&M Equipment 8348 Infosense Inc 3243 SL-RAT Repairs - 11/02/2021 14,269.90
461 6305 R&M Equipment 6598 Cummins Inc F2-6028 Generator Service & Load Bank Test -
Police 6101 - 10/27/2021,
534.28
462 6305 R&M Equipment 6598 Cummins Inc F2-6253 Generator Service - PW 9110 -
10/27/2021
369.02
463 6505 Subsidy - Sewer Lateral
Program
8508 Dietze, Diana L SLP21-015 Sewer Rebate 11/1/21 4,000.00
464 6505 Subsidy - Sewer Lateral
Program
8507 Camacho, Cody SLP21-016 Sewer Rebate 11/1/21 2,205.00
465 6505 Subsidy - Sewer Lateral
Program
8506 Proutsos, Harry SLP21-017 Sewer Rebate 11/1/21 2,490.00
466 6505 Subsidy - Sewer Lateral
Program
8509 Franiuk, John S SLP21-018 Sewer Rebate 11/1/21 100.00
467 6510 Subsidy - Flood
Assistance
8511 Patel, Ashok FRP21-027 Flood Rebate 11/1/21 2,000.00
468 6510 Subsidy - Flood
Assistance
8514 Periaswamy, Daniel H FRP21-028 Flood Rebate 11/1/21 1,170.00
469 6510 Subsidy - Flood
Assistance
8515 Smith, Diane C FRP21-029 Flood Rebate 11/1/21 2,000.00
470 6510 Subsidy - Flood
Assistance
8516 Swiatek, Margaret FRP21-030 Flood Rebate 11/1/21 2,000.00
471 6510 Subsidy - Flood
Assistance
8517 Pelinski, James J FRP21-031 Flood Rebate 11/1/21 2,000.00
472 6510 Subsidy - Flood
Assistance
8512 Courtney, Ryan FRP21-032 Flood Rebate 11/1/21 2,000.00
473 6510 Subsidy - Flood
Assistance
8510 Mlynarska, Magdalena
W
FRP21-033 Flood Rebate 11/1/21 1,350.00
474 6510 Subsidy - Flood
Assistance
8513 Baldwin, Lynette M FRP21-034 Flood Rebate 11/1/21 1,859.91
475 7020 Supplies - Safety 1192 Sherwin Industries Inc SS091394 6 Sidewalk Closed Signs 310.41
476 7030 Supplies - Tools &
Hardware
8244 Des Plaines Ace
Hardware
1422 Saw Blade 17.99
477 7030 Supplies - Tools &
Hardware
1047 Home Depot Credit
Svcs
7033204 Parts & Supplies - Sewer Department 289.72
478 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 133345356 Washer Solvent & Engine Oil 28.32
479 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 133350140 Bulk Oil & Hydraulic Oil 345.15
480 7050 Supplies - Streetscape 1437 Des Plaines Material &
Supply LLC
454246 2.0 Cu Yds Top Soil - Sewer Repair
Restorations 10/13/2021
68.64
481 7050 Supplies - Streetscape 1437 Des Plaines Material &
Supply LLC
454305 3.0 Cu Yds Top Soil - Sewer Restorations
- 10/13/2021
102.96
482 7050 Supplies - Streetscape 1437 Des Plaines Material &
Supply LLC
458314 2.0 Cu Yds Top Soil - 1011 Wicke -
11/05/2021
68.64
Total 550 - Water Systems
Division: 560 - Sewer Systems
Page 22 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
483 7075 Supplies - Sewer System
Maintenance
8244 Des Plaines Ace
Hardware
1420 Coupling & Pipe 19.41
484 7075 Supplies - Sewer System
Maintenance
1437 Des Plaines Material &
Supply LLC
459356 Replacement Sump Pump for Columbia
Lift Station
265.22
485 7075 Supplies - Sewer System
Maintenance
1072 Prairie Material 890287566 1.25 Cu Yds Asphalt - 2086 Craig/665
Van Buren - 11/09/2021
172.69
486 7200 Other Supplies 8244 Des Plaines Ace
Hardware
1373 8-Pack of D Batteries 14.39
487 7320 Equipment < $5,000 2513 Lee Jensen Sales Co 0013227-00 6 Blue Gator Mats - Excavators 980.00
488 7320 Equipment < $5,000 1202 Standard Equipment
Co
P32136 New Controller for Vactor 1,104.93
44,919.58
489 6000 Professional Services 5995 Wunderlich-Malec
Services Inc
18731 Propagation Study TO #4 - 09/22-
10/15/2021, R-146-21
46,632.00
490 6000 Professional Services 1606 Dixon Engineering Inc 21-8444 Design Install & Inspect - Miner Tank -
09/03/2021, R-41-20
1,750.00
491 6000 Professional Services 1606 Dixon Engineering Inc 21-8764 Eng-Sprint Antenna Pre-Decommission
Mtg - 11/03/2021, R-41-20
1,000.00
492 6000 Professional Services 1647 RJN Group Inc 35460604 TO#6 Stormwater Plan Phase 1 - 10/4-
10/29/2021, R-18-20
4,840.00
493 8100 Improvements 1328 John Neri Construction
Company Inc
2021-A-P6 R-81-21 2021 CIP Street & Utility
Improvements 10/08-11/05/2021
203,036.10
494 8100 Improvements 3099 Schroeder Asphalt
Services Inc
2021-CIP-MFT-P4 R-88-21 2021 CIP Street & Utility
Improvements 10/13-11/11/2021
36,241.46
293,499.56
772,216.84
495 6025 Administrative Services 7615 Sebis Direct Inc 35829 Utility Bill Rendering Services - Drop
Dates 10/18 & 10/22/2021
1,013.57
496 6025 Administrative Services 7961 BridgePay Network
Solutions LLC
8821 Utility Web & Business License
Transaction Fee for Oct 2021
234.50
1,248.07
773,464.91
497 6000 Professional Services 2785 Walker Parking
Consultants/Engineers Inc
310091321002 Construction & Insp-Metro/Library -
10/01-10/28/2021, R-15-21
2,900.00
498 6315 R&M Buildings &
Structures
4923 J Gill & Company 2357 Maintenance Repairs - Civic Deck 10/1-
10/21/2021, R-99-21 Pmt 2
45,989.50
499 7060 Supplies - Parking Lots 2313 City Electric Supply
Company (CES)
DEP/053435 Battery for Metro Deck Emergency
Lights
148.50
49,038.00
500 6195 Miscellaneous
Contractual Services
8374 Wex Health
Incorporated
0001425698-IN Commuter & FSA Monthly Fees October
2021
572.75
572.75
Total 560 - Sewer Systems
Department: 30 - Finance
Total 30 - Finance
Total 500 - Water/Sewer Fund
Division: 580 - CIP - Water/Sewer
Total 580 - CIP - Water/Sewer
Total 00 - Non Departmental
Fund: 510 - City Owned Parking Fund
Total 510 - City Owned Parking Fund
Fund: 610 - Health Benefits Fund
Total 610 - Health Benefits Fund
Page 23 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
501 2464 Hydrant Deposits 1805 Pine Park
Homeowner's Assn
Refund 11/02/21 Hydrant Meter Usage Refund
11/02/2021
1,100.00
502 2464 Hydrant Deposits 6471 Winters Landscape -
Christen
Refund 11/04/21 Hydrant Meter Usage Refund
11/03/2021
1,100.00
503 2464 Hydrant Deposits 1086 Arrow Road
Construction Company
Refund 11/19/21 Hydrant Meter Usage Refund
11/19/2021
1,100.00
504 2486 Additional Contracts -
Engineering
3099 Schroeder Asphalt
Services Inc
2021-CIP-MFT-P4 R-88-21 2021 CIP Street & Utility
Improvements 10/13-11/11/2021
5,471.07
505 2493 Escrow - CED
Development
1050 Journal & Topics
Newspapers
186565 Public Notice for PZB Meeting11/09/21-
Published 10/20/2021
77.90
506 2493 Escrow - CED
Development
1050 Journal & Topics
Newspapers
186565 Public Notice for PZB Meeting11/09/21-
Published 10/20/2021
77.89
8,926.86
4,592,243.81
Fund: 700 - Escrow Fund
Total 700 - Escrow Fund
Grand Total
Page 24 of 33
Line #Vendor Invoice Invoice Description Amount
507 6015 Communication
Services
1010 AT&T Mobility 28702533395911
21
Communications Services
10/04-11/03/2021
135.92
135.92
135.92
508 6195 Miscellaneous
Contractual
Services
7631 T-Mobile USA Inc 965199112-Oct21 Vehicle Positioning System
09/21-10/20/2021 FINAL BILL
252.00
252.00
252.00
509 6015 Communication
Services
1009 AT&T 847R18054610-21 Communications Services
10/28-11/27/2021
63.68
510 6015 Communication
Services
1032 Comcast 11/10/21 x7069 Internet/Cable Service for
11/10-12/09/2021
208.40
272.08
272.08
660.00
660.00
Total 540 - Vehicle Maintenance
Total 50 - Public Works & Engineering
City of Des Plaines
Warrant Register 12/06/2021
Account
Fund: 100 - General Fund
Public Works & Engineering
Manual Payments
Total 100 - General Fund
Grand Total
City Administration
Division: 230 - Information Technology
Total 230 - Information Technology
Total 20 - City Administration
Police Department
Division: 630 - Support Services
Total 630 - Support Services
Total 60 - Police Department
Division: 540 - Vehicle Maintenance
Page 25 of 33
Line #Vendor Invoice Invoice Description Amount
511 7310 Publications 1050 Journal & Topics
Newspapers
PC - 32166 October 2021 Online Newspaper
Subscription - Mayor's Office
5.99
512 7550 Miscellaneous
Expenses
4444 Misc Vendor for
Procurement Card
PC - 32167 Strategic Planning Session Lunch
10/02/2021
299.15
305.14
513 5320 Conferences 4444 Misc Vendor for
Procurement Card
PC - 32203 Hotel for City Clerk - Municipal
Clerks Conf 10/10-10/15/21
672.00
672.00
977.14
514 6195 Miscellaneous
Contractual
Services
8153 Zoom Video
Communications Inc
PC - 32215 Zoom Subscription 10/26/21-
11/25/21 - City Manager
14.99
14.99
515 6195 Miscellaneous
Contractual
Services
6008 Network Solutions LLC PC - 32259 DPCitynet.com Domain Renewal
10/6/21 - 10/5/22
85.96
516 6195 Miscellaneous
Contractual
Services
6008 Network Solutions LLC PC - 32262 Monthly Secure Express Renewal
10/18/21 - 11/16/21
7.99
517 6195 Miscellaneous
Contractual
Services
6008 Network Solutions LLC PC - 32272 Tasteofdesplaines.net Domain
Renewal 10/23/21 - 10/22/22
85.96
518 6300 R&M Software 5898 CrushFTP LLC PC - 32269 Crush FTM Maintenance Support
9/9/21 - 9/9/22
250.00
519 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32257 Amazon Basics Laptop Bags for City
Use
157.00
520 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32258 APC Network Management Card for
City Use
164.84
521 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32260 Western Digital 500GB Drives for
City Use
564.10
522 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32261 Hoop and Loop Fastening Tape for
City Use
61.40
523 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32264 Quad Lock Desk Mount for City use 49.95
524 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32265 Quad Lock iPhone Case for City Use 34.90
525 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32266 Quad Lock iPhone Case for City Use 34.90
City of Des Plaines
Warrant Register 12/06/2021
Account
Fund: 100 - General Fund
Elected Office
JPMorgan Chase
Division: 110 - Legislative
Total 110 - Legislative
Division: 120 - City Clerk
Total 120 - City Clerk
Total 10 - Elected Office
City Administration
Division: 210 - City Manager
Total 210 - City Manager
Division: 230 - Information Technology
Page 26 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
JPMorgan Chase
526 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32267 USB 3.0 Multi-Card Reader for
Police Department
89.04
527 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32268 Quad Lock Wireless Charging Head,
Case and Stand for City Use
94.85
528 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32271 Quad Lock iPhone Case for City Use 119.80
529 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32273 Logitech Wireless Keyboard / Mouse
Combo for City Use
160.54
1,961.23
530 6108 Public Relations &
Communications
4348 Amazon.Com PC - 32169 Theater Reception Candle Holders 60.74
531 6108 Public Relations &
Communications
7759 Vistaprint Netherlands
BV
PC - 32170 Theater Reception Giveaway Labels 167.59
532 6108 Public Relations &
Communications
4444 Misc Vendor for
Procurement Card
PC - 32171 Theater Reception Cake Final
Payment 10/28/2021
250.00
533 6108 Public Relations &
Communications
4444 Misc Vendor for
Procurement Card
PC - 32176 Theater Reception Giveaways 268.92
534 6108 Public Relations &
Communications
1076 Sam's Club Direct PC - 32177 Theater Reception Supplies 68.51
535 6108 Public Relations &
Communications
4444 Misc Vendor for
Procurement Card
PC - 32179 Theater Reception Cake Deposit
10/28/2021
245.00
536 6108 Public Relations &
Communications
1076 Sam's Club Direct PC - 32180 Additional Theater Reception Sheet
Cake
18.98
537 6108 Public Relations &
Communications
8486 National Engravers Inc PC - 32211 Theater Plaque Deposit 10/05/2021 550.00
538 6108 Public Relations &
Communications
8486 National Engravers Inc PC - 32213 Theater Plaque Final Payment
10/27/2021
543.98
539 6535 Subsidy - Youth
Commission
4348 Amazon.Com PC - 32172 Youth Commission Trunk or Treat
Supplies 10/31/2021
28.98
540 6535 Subsidy - Youth
Commission
4348 Amazon.Com PC - 32174 Youth Commission Tree Lighting
Supplies 12/03/2021
24.98
541 6535 Subsidy - Youth
Commission
6928 Fun Express LLC PC - 32175 Youth Commission Tree Lighting
Supplies 12/03/2021
77.21
542 6535 Subsidy - Youth
Commission
4348 Amazon.Com PC - 32178 Holiday Hoopla Supplies
12/03/2021
38.97
543 7310 Publications 1456 Chicago Tribune PC - 32209 Online Subscription Media Services
10/01-10/28/2021
7.96
Total 230 - Information Technology
Division: 240 - Media Services
Page 27 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
JPMorgan Chase
544 7310 Publications 1456 Chicago Tribune PC - 32210 Online Subscription City Manager
09/30-10/27/2021
15.96
545 7310 Publications 1456 Chicago Tribune PC - 32212 Online Subscription Elected Office
09/29-10/26/2021
15.96
546 7310 Publications 1456 Chicago Tribune PC - 32214 Online Subscription Media Services
09/03-09/30/2021
7.96
2,391.70
547 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32193 My AudioEducator-Prepare for I-9
Audits Webinar 10/06/2021
249.00
548 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32196 Credit 10/6/21 My AudioEducator-
Prepare for I-9 Audits Webinar
(249.00)
549 5335 Travel Expenses 5410 Eagle Ridge Resort PC - 32201 Hotel 10/23-10/27/21 IPELRA
Annual Conference-Dir of HR
366.78
550 6100 Publication of
Notices
7034 American Planning
Association - Illinois Chapter
PC - 32194 ILAPA Job Posting-Asst Dir CED
10/13-11/03/2021
100.00
551 6100 Publication of
Notices
4395 IllinoisDiversity.com PC - 32195 DiversityJobs Job Posting 10/20/21
Comm and Econ Dev-Exec Asst
295.00
552 6100 Publication of
Notices
1440 IGFOA IL Government
Finance Officers Assoc
PC - 32202 Junior Financial Analyst Job Posting
08/27-09/22/2021
250.00
553 6195 Miscellaneous
Contractual
Services
8153 Zoom Video
Communications Inc
PC - 32197 Zoom Subscription 10/22/21-
10/21/22 for HR
149.90
1,161.68
554 6110 Printing Services 5500 4imprint Inc PC - 32168 Giveaways for Health and Human
Services 09/17/2021
451.61
451.61
5,981.21
555 6000 Professional
Services
1737 GFOA Government
Finance Officers Assoc
PC - 32276 Application Fee for 2020 PAFR
Award
250.00
556 7300 Uniforms 1538 Lands' End Business
Outfitters
PC - 32274 1 Uniform Shirt for Finance
Employee
28.16
557 7500 Postage & Parcel 1700 United States Postal
Service
PC - 32277 18 Certified Mail Notice to Taxing
Dists-Termination TIF 1
74.98
353.14
558 5335 Travel Expenses 4429 Amtrak PC - 32219 Train Ticket Joliet IL to
Bloomingdale IL 10/05/2021-
Planner 1
16.00
Total 240 - Media Services
Division: 250 - Human Resources
Total 250 - Human Resources
Division: 260 - Health & Human Services
Total 260 - Health & Human Services
Total 20 - City Administration
Department: 30 - Finance
Total 30 - Finance
Community Development
Division: 420 - Planning & Zoning
Page 28 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
JPMorgan Chase
559 5335 Travel Expenses 4429 Amtrak PC - 32220 Train Ticket Bloomingdale IL to
Joliet IL 10/05/2021-Planner 1
17.00
560 7000 Office Supplies 1066 Office Depot PC - 32275 2 Packs of Tab Dividers for CED 77.94
561 8010 Furniture &
Fixtures
4348 Amazon.Com PC - 32236 Office Chair Mat for CED 72.95
183.89
183.89
562 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32239 Electrical Training Class - 2
Maintenance Operators-10/12/2021
1,190.00
563 6195 Miscellaneous
Contractual
Services
4444 Misc Vendor for
Procurement Card
PC - 32241 Building Downspout Repair -
10/13/2021
250.00
564 6315 R&M Buildings &
Structures
7689 Ambius PC - 32173 Plant Maintenance October 2021 361.94
565 7045 Supplies - Building
R&M
4444 Misc Vendor for
Procurement Card
PC - 32240 Spare Bulbs for Theatre Mezzanine 123.03
1,924.97
566 5325 Training 4348 Amazon.Com PC - 32181 Test Manuals 139.98
567 6195 Miscellaneous
Contractual
Services
1741 Praxair Distribution
Inc
PC - 32192 Cylinder Rental - 8/23/2021 709.64
568 7040 Supplies - Vehicle
R&M
4444 Misc Vendor for
Procurement Card
PC - 32182 Lock for Facilities Van - PW 5130 229.60
569 7040 Supplies - Vehicle
R&M
4444 Misc Vendor for
Procurement Card
PC - 32183 Shroud - Fire 7522 38.93
570 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32165 Computer Station for Mechanics 411.36
1,529.51
3,454.48
571 5335 Travel Expenses 4444 Misc Vendor for
Procurement Card
PC - 32225 Gasoline for Surveillance, Squad#23
RD 21-27882 10/18/2021
50.00
572 6015 Communication
Services
8347 Browning Trail
Cameras
PC - 32226 Cellular Connection-Trail Camera-
Surveillance 10/20-11/20/21
29.99
573 7000 Office Supplies 4348 Amazon.Com PC - 32250 4 Packs of DVD-R 123.72
574 7200 Other Supplies 8244 Des Plaines Ace
Hardware
PC - 32224 Shims for Trail Camera Mounting 2.69
Total 420 - Planning & Zoning
Total 40 - Community Development
Public Works & Engineering
Division: 535 - Facilities & Grounds Maintenance
Total 535 - Facilities & Grounds Maintenance
Division: 540 - Vehicle Maintenance
Total 540 - Vehicle Maintenance
Total 50 - Public Works & Engineering
Police Department
Division: 620 - Criminal Investigation
Page 29 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
JPMorgan Chase
575 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32248 Portable DVD Burner 169.99
376.39
576 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32184 Gasoline for Travel to Police Staff
and Command 10/19/2021
59.14
577 5325 Training 4747 Safe Kids Worldwide PC - 32190 Training Child Safety Seat
Certification 6/14-6/17/2022 (1CSO)
95.00
578 7000 Office Supplies 6795 Rimage Corporation PC - 32255 10 Everest Encore Ribbons, 20
Retransfer Ribbons-Body Cam Sys
790.90
579 7010 Supplies -
Community
Relations
1076 Sam's Club Direct PC - 32191 Candy for Halloween 2021 111.84
580 7015 Supplies - Police
Range
6851 Axon Enterprise Inc PC - 32249 3 Packs of Taser DPMs 152.04
581 7550 Miscellaneous
Expenses
6867 Marianos PC - 32189 Pie for Retirement Function
10/8/2021
14.77
582 7550 Miscellaneous
Expenses
2318 Jewel Food Stores PC - 32251 Cake for Retirement Function
10/4/2021
29.99
1,253.68
1,630.07
583 5320 Conferences 1482 Metropolitan Fire
Chiefs Association of Illinois
PC - 32208 Metro Fire Chiefs Assoc Meeting-
Chief-2 Deputy Chiefs-12/02/21
105.00
584 5320 Conferences 1482 Metropolitan Fire
Chiefs Association of Illinois
PC - 32231 Metro Fire Chiefs Assoc Meeting-
Chief, 2 Deputy Chiefs-11/04/21
60.00
165.00
585 5325 Training 2419 FireCompanies.com PC - 32228 Quarterly Website Training-
11/01/21-01/31/22 -To be Credited
89.97
586 7000 Office Supplies 4348 Amazon.Com PC - 32207 Zippered File Organizer 10.79
587 7200 Other Supplies 2318 Jewel Food Stores PC - 32216 9 Cases Bottled Water - Station
Wide
27.00
588 7200 Other Supplies 8292 Safco Dental Supply
LLC
PC - 32230 4 Cases N95 Respirators - PO # 2021-
457
2,851.00
589 7200 Other Supplies 8244 Des Plaines Ace
Hardware
PC - 32244 Field Marking Paint, Closed Reel
Long Tape, Refuse Can
75.55
Total 620 - Criminal Investigation
Division: 630 - Support Services
Total 630 - Support Services
Total 60 - Police Department
Fire Department
Division: 100 - Administration
Total 100 - Administration
Division: 710 - Emergency Services
Page 30 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
JPMorgan Chase
590 7200 Other Supplies 4348 Amazon.Com PC - 32246 Easel Stand, Heavy Duty Magnets 33.57
591 7200 Other Supplies 4348 Amazon.Com PC - 32247 Magnetic Push Pins for Whiteboards 7.99
592 7320 Equipment <
$5,000
4444 Misc Vendor for
Procurement Card
PC - 32206 2 Pieces of FinnForm for Squad -
Station 63
275.96
593 7320 Equipment <
$5,000
4444 Misc Vendor for
Procurement Card
PC - 32227 Five #2 and Green Lumber, Four #2
and Doug. Fir Lumber, Etc.
479.60
594 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32237 Screws, Work Gloves, Dent and
Steel Puller, Framing Nailer Etc.
1,001.60
595 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32238 Impact Driver Bits 9.99
596 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32243 Phone Holder, Socket Arm, Ball
Base, Charger-Div. Chief Vehicle
62.46
597 7320 Equipment <
$5,000
1047 Home Depot Credit
Svcs
PC - 32245 21 Pieces of Plywood, Ext Screws,
Drill/Driver Kit, Drill, Etc.
740.80
598 7550 Miscellaneous
Expenses
5080 Potbelly Sandwich
Works, LLC
PC - 32217 Lunch for Departments Covering for
Funeral Services-10/29/21
172.40
599 7550 Miscellaneous
Expenses
1479 CLIA Laboratory
Program
PC - 32229 CLIA Lab/Cert Fee - FD To Conduct
COVID Testing-10/4/21-10/3/23
180.00
6,018.68
600 5325 Training 1935 IL Fire Safety Alliance PC - 32218 FP Training Lunch-Chief, Dep Chief,
Div Chief, Insp-10/7/21
160.00
601 7200 Other Supplies 1076 Sam's Club Direct PC - 32204 Candy for Trunk or Treat Events
10/16-10/30/21
723.35
602 7200 Other Supplies 1076 Sam's Club Direct PC - 32205 Credit For Tax Charged - Trunk or
Treat Events Candy
(48.87)
834.48
7,018.16
603 5325 Training 1573 IL Fire & Police
Commissioners Association
PC - 32198 Extra Charge in Error-IFPCA Will
Credit on the Nov 2021 Bill
400.00
604 5325 Training 1573 IL Fire & Police
Commissioners Association
PC - 32199 IFPCA Fall Seminar Fee 11/5-
11/7/21 PD and Fire Commissioner
400.00
605 5325 Training 1573 IL Fire & Police
Commissioners Association
PC - 32200 IFPCA Fall Seminar Fee 11/5-
11/7/21 PD and Fire Commissioner
400.00
1,200.00
20,798.09
Total 710 - Emergency Services
Division: 720 - Fire Prevention
Total 720 - Fire Prevention
Total 70 - Fire Department
Department: 75 - Fire & Police Commission
Total 75 - Fire & Police Commission
Total 100 - General Fund
Page 31 of 33
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/06/2021
Account
JPMorgan Chase
606 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32185 Lodging for IL Crisis Negotiator
Training Conf. 9/28-10/1/2021
372.90
607 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32186 Lodging for IL Crisis Negotiator
Training Conf. 9/28-10/1/2021
372.90
608 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32187 Lodging for IL Crisis Negotiator
Training Conf. 9/28-10/1/2021
372.90
609 5325 Training 4444 Misc Vendor for
Procurement Card
PC - 32188 Lodging for IL Crisis Negotiator
Training Conf. 9/28-10/1/2021
372.90
610 7200 Other Supplies 1047 Home Depot Credit
Svcs
PC - 32252 Supplies for Building Hides for TRT 470.11
611 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32253 2 Duffle Bags for TRT 109.98
612 7320 Equipment <
$5,000
4348 Amazon.Com PC - 32254 Spotter Scope, Binoculars, 2
Tripods, Etc. for TRT
1,215.38
3,287.07
3,287.07
613 8005 Computer
Hardware
8415 Ubiquiti Inc PC - 32256 Ubiquiti Wireless Access Points for
City Use
1,975.00
614 8005 Computer
Hardware
4348 Amazon.Com PC - 32263 APC 1500VA Smart UPS for Water
Plant
1,380.19
615 8005 Computer
Hardware
8415 Ubiquiti Inc PC - 32270 Ubiquiti Wireless Access Points for
City Use
358.00
3,713.19
616 7020 Supplies - Safety 4348 Amazon.Com PC - 32222 Winter Gloves 30.87
617 7020 Supplies - Safety 4348 Amazon.Com PC - 32223 Uniform Overalls for Maintenance
Operator
99.99
618 7035 Supplies -
Equipment R&M
4348 Amazon.Com PC - 32221 Screen Protector, Charging Station
and Phone Case
57.45
188.31
619 7500 Postage & Parcel 1566 UPS Store The PC - 32242 Shipping for SL-RAT Repairs -
10/19/2021
451.00
451.00
639.31
28,437.66
Fund: 260 - Asset Seizure Fund
Program: 2620 - DEA
Total 2620 - DEA
Total 260 - Asset Seizure Fund
Fund: 420 - IT Replacement Fund
Total 420 - IT Replacement Fund
Fund: 500 - Water/Sewer Fund
Division: 550 - Water Systems
Total 550 - Water Systems
Grand Total
Division: 560 - Sewer Systems
Total 560 - Sewer Systems
Total 500 - Water/Sewer Fund
Page 32 of 33
Amount Transfer Date
Automated Accounts Payable 4,592,243.81$ **12/6/2021
Manual Checks 660.00$ **11/19/2021
Payroll 1,312,841.73$ 11/19/2021
-$
Electronic Transfer Activity:
JPMorgan Chase Credit Card 28,437.66$ **11/23/2021
Chicago Water Bill ACH 91,815.78$ 11/30/2021
Postage Meter Direct Debits 17,341.96$ *11/12/2021
Utility Billing Refunds 35.35$ 11/3/2021
Debt Interest Payment -$
FEMA Buyout -$
Property Purchase -$
IMRF Payments 134,754.12$ 11/8/2021
Employee Medical Trust
Total Cash Disbursements:6,178,130.41$
* Multiple transfers processed on and/or before date shown
** See attached report
Adopted by the City Council of Des Plaines
This Sixth Day of December 2021
Ayes ______ Nays _______ Absent _______
Jessica M. Mastalski, City Clerk
Andrew Goczkowski, Mayor
City of Des Plaines
Warrant Register 12/06/2021
Summary
RHS Payout
Page 33 of 33
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: October 28, 2021
To: Michael G. Bartholomew, MCP, LEED AP, City Manager
From: Jonathan Stytz, Planner
Cc: John T. Carlisle, AICP, Director of Community & Economic Development
Subject: Consideration of Conditional Use and Variations for a Livery Service Use at 580 S. Wolf Road,
Case 21-044-CU-V (4th Ward)
Issue: The petitioner is requesting the following items: (i) a Conditional Use as required by Section 12-7-
3(K) of the Zoning Ordinance to allow a livery service in the M-2 zoning district; (ii) Major Variations from
Section 12-10-8(A) to provide relief from the interior parking lot landscaping requirements; (iii) a Major
Variation from Section 12-10-8(B) to provide relief from the perimeter parking lot landscaping requirements;
(iv) a Major Variation from Section 12-10-10 to provide relief from the foundation landscaping requirements;
and (v) a Major Variation from Section 12-10-9 to provide relief from the landscape buffer requirements
Address: 580 S. Wolf Road
Petitioner: Transport Properties, LLC, 980 N. Michigan Avenue, Suite 1280, Chicago, IL
60611
Owner: Chicago Title Land Trust Company, as Trustee of the Chicago Land Trust
Company Trust #53278
Case Number: 21-044-CU-V
Real Estate Index #: 09-18-400-006-0000
Ward: #4, Alderman Artur Zadrozny
Existing Zoning: M-2, General Manufacturing District
Existing Land Use: Vacant; was last Meyer Material former concrete batch plant
Surrounding Zoning: North: M-2, General Manufacturing District
South: R-1, Single Family Residential District
MEMORANDUM
Page 1 of 95
NEW BUSINESS #2A.
East: R-1, Single Family Residential District / M-2, General Manufacturing
West: R-1, Single Family Residential District
Surrounding Land Use: North: ComEd (Utilities) / Industrial Building
South: Single Family Residences (Residential)
East: Industrial Building / Single Family Residences (Residential)
West: Railroad; Single Family Residences (Residential)
Street Classification: Wolf Road is classified as a minor arterial.
Comprehensive Plan: The Comprehensive Plan illustrates this site as industrial.
Conditional Use
Project Description: The petitioner, Transport Properties, LLC, has requested a Conditional Use for
a Livery Service Use and several variations for landscaping and screening at
580 S. Wolf Road. The 8.5-acre subject property is situated in between two
separate railroads to its west and south, and is within the M-2 General
Manufacturing district, where a Livery Service is a conditional use. The Plat of
Survey (Attachment 3) shows a main building on the northeast side of the lot
and multiple other structures throughout the remainder of the site, most notably
a concrete production tower (“batch plant”). These are surrounded by paved,
semi-paved, and gravel areas. Access to the subject property is available off
Wolf Road only. At one time, there was a southern access road utilized off
Thacker Street. However, this access point would be closed off and not be
utilized for this use.
The petitioner wishes to remove all structures on site with the exception of the
existing main building: a one-story warehouse building with the two-story
attached office space located on the northeast corner of the site and fill the
remainder of the lot with 16 passenger vehicle and 236 bus parking spaces as
noted in the Site Plan Exhibit (Exhibit B). The petitioner wishes to utilize the
existing 24,690-square-foot, one-story warehouse portion of the building for
bus maintenance and storage, and use the two-story office portion (6,430-square
foot first level and 2,433-square foot second level) of the building for all office
activities. The proposal does not include changes to the exterior of the building,
as the petitioner is interested in utilizing the existing doors, windows, building
materials, and finishes as indicated in the Building Plans (Exhibit C). The
petitioner’s proposal also includes site improvements such as the addition of a
new paved and striped parking area, landscaping along the perimeter of the
parking lot area, new interior parking lot landscape beds, new turf areas, a
5,000-gallon fuel tank, and proposed screening with an eight-foot-tall fence
around the entire site as shown on the Site Plan Exhibit (Exhibit B). Staff has
added a condition that the dumpster shall be stored inside the building except
during trash pickup days.
The proposed floor plan includes a 5,570-square-foot first-floor office area,
2,212-square-foot second floor office area, an 8,407-square-foot service bay
area, and a 15,568-square-foot bus equipment and storage area, totaling 27,123
square feet. Note that the floor area calculation excludes bathrooms, mechanical
rooms, hallways, stairwells, and storage areas up to ten percent of the entire
Page 2 of 95
combined floor area. The Livery Service use follows the off-street parking
regulations for offices to accommodate employee, guest, and livery service
related vehicle parking. Pursuant to Section 12-9-7 of the Zoning Ordinance,
one parking space is required for every 250 square feet of gross floor area. A
total of 109 off-street parking spaces are required, including five handicap
accessible parking spaces. The Site Plan Exhibit (Attachment 5) provides 16
personal vehicle spaces, including one handicap parking space, and 236 bus
parking spaces totaling 252 total spaces. However, the site plan does not
designate all five required accessible parking spaces. Staff has added a
condition that the petitioner’s site plan submitted at the time of building
permitting contains all required accessible parking with the required striping
and dimensions.
The initial tenant for the livery service, First Student, anticipates having
approximately 150 school buses parked on the subject property with an
additional 10-15 buses typically in service for maintenance or repair. Roughly
20-25 office, dispatch, and maintenance employees will be on the subject
property during a.m. and p.m. shifts. For the a.m. shift, maintenance employees
arrive starting at 5 a.m., and shift bus drivers will arrive starting at 6:15 a.m. for
6:30 a.m. departures. Bus service during the morning shift will be staggered
starting at 6 a.m. and ending around 9:30 am. The shift cross-over is between
11 a.m. and noon. For the p.m. shift, bus service shift will be staggered starting
at 1 p.m. with buses returning by 5:30 pm. Afternoon shift workers will leave
at 5:30 pm. A majority of the bus operations will occur during the regular school
year from mid-August through early June. However, roughly 20-25 buses will
be utilized during the summer months for the summer school season. See the
Project Narrative (Exhibit A) for more details.
The petitioner submitted a traffic study by KLOA, Inc. to assess the anticipated
impact of the new livery service on the subject property and surrounding
infrastructure. The traffic study concludes that the anticipated traffic volumes
of this use would be primarily generated outside of peak hours of adjacent
roadway traffic on Wolf road and would generate less overall traffic than the
previous concrete batch plant did. There were no concerns that the existing
access system is sufficient to handle the proposed livery service. However, it
was noted that “additional evaluation” should occur regarding the at-grade
railroad crossing on Wolf Road, just south of the entrance to the subject
property (in other words, there is some concern about bus queueing and backup
around the tracks). It was suggested that bus routing and/or departure time could
be adjusted to limit the number of buses utilizing the railroad crossing on Wolf
Road—meaning that buses could be routed mostly to the north (left) when
leaving the property and would return from the same direction, generally
avoiding the tracks. Consider, however, that this would add to traffic that would
likely come to the Golf-Wolf intersection approximately a half-mile to the
north.
Whether buses are required to come to a complete stop each and every time
they cross the tracks is a question the petitioner should be prepared to address.
The PZB determined that a routing plan shall be added to the submittal prior to
consideration of the City Council to discuss how the routing system works, how
it responses to changing conditions, and how it is affected by school bell times.
Page 3 of 95
Regarding sound impacts, consider the proposed user (First Student) will
consist of many school vehicles that have an audible backing sound/beep. The
petitioner writes in the Project Narrative that upon returning to the facility each
night, vehicles would be backed in, causing the concentration of the sound to
occur in mid-to-late afternoons instead of early in the morning. In addition, like
all vehicles, there is sound from engine start-up. Transport Properties would
discourage First Student from idling, except when required for vehicle
maintenance. See Exhibit A for more details.
Major Variations
Project Description: The petitioner is also requesting several variations with the conditional use
request regarding landscape requirements. The original request included a
variation to reduce the required number of off-street parking spaces on the
subject property from 31 to sixteen. However, as stated above and noted in the
Livery Service definition in Section 12-13-3 of the Zoning Ordinance, the livery
service use shall follow the parking regulation for offices to accommodate
employee, guest, and livery service related vehicle parking. This allows the
proposed bus parking spaces to be factored into the total off-street parking space
calculation, negating the need for a variation. However, it is important to note
that the Site Plan Exhibit (Exhibit B) will still need to be revised to provide the
five required mobility impaired parking spaces pursuant to Section 12-9-8(A)
of the Zoning Ordinance.
The petitioner has also requested several variations pertaining to landscape
requirements as summarized in the table below. Due to the nature of the use,
the requested variations for relief from interior parking lot landscaping
requirements—specifically quantity of trees and location of landscape areas—
could be warranted based on design, as the request does intend to provide a
substantial amount of landscaping throughout the site where there is currently
none. Conversely, perimeter parking lot landscaping, landscape buffering, and
foundation landscaping are paramount to bringing the existing property closer
to conformance with the Zoning Ordinance and are arguably achievable given
the layout of the subject property, the existing building, and the property’s close
proximity to single-family development on three of its four sides. Discussion of
the variation standards are addressed by the petitioner in the Responses to
Standards (Attachment 1).
Request Requirement Proposal
Interior Parking Lot
Landscaping – # of Trees
161
125
Interior Parking Lot
Landscaping – Location
of Landscaped Areas
Located every 30
parking spaces and at
the end of all parking
rows.
Landscape area after
34 spaces and no
areas at the end of
two parking rows.
Perimeter Parking Lot
Landscaping – # of Trees
7
4
Foundation Landscaping
Min. 3’ wide landscape
bed covering 25% of
building’s foundation
Existing Foundation
Landscaping Without
Additions
Page 4 of 95
Landscape Buffers (i.e.,
screening)
8’ Solid wood, vinyl, or
masonry fence along
100% of yard length
6’ solid wood fence
along Wolf Road and
6’ chain link for rest
of site.
Findings of Fact for the Request
As required by Section 12-3 of the Zoning Ordinance, the Planning and Zoning Board (PZB) reviewed the
findings of fact for the request. The full list of findings and comments are found in the draft minutes of the
PZB meeting of October 26, 2021. An excerpt from the draft minutes is attached.
Planning and Zoning Board Review: The Planning and Zoning Board (PZB) met on October 26, 2021 to
consider a Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended,
to allow for a Livery Service Use at 580 S. Wolf Road in the M-2, General Manufacturing district, and several
variations concerning landscaping requirements. The PZB meeting discussion is summarized below and the
full memo is provided as Attachment 7.
The petitioner and his team provided a detailed description of the requests and their components for the request
to locate a livery service use on the subject property in place of the old concrete batch plant that is currently
located on site. First Student is a bus service provider that is looking to relocate their business to the 8.5-acre
site to serve as its main hub for operations given the subject property’s central location to the areas they
currently service. The petitioner’s attorney explained that the redevelopment of this site for the proposed
livery service would improve the site and scale back intensity of the use in comparison with the previous
concrete batch plant. He mentioned that the proposal includes an interior remodel of the existing north
building with minor non-structural exterior improvements and the demolition of all other buildings on site.
First Student will operate 150 buses out of the 236 buses parked on site during the school year and up to 25
buses would be utilized in the summer months for summer school transportation. First Student utilizes routing
software that determines the best route and departure time to ensure bus routes are completed in a timely
manner. The buses have GPS and the adaptive software monitors each bus route service on a daily basis to
determine if any adjustments need to be made to the route, departure time, etc. It was discussed that the bus
departure times will be staggered mornings and afternoons based on individual bus routes with roughly ten to
twelve buses departing every 15 to 20 minutes. The representative from First Student noted that roughly 60%
of the departing buses will travel south on Wolf Road and the remainder will travel north.
Concerning noise, he explained that bus drivers arrive on site around 6:30 am and perform a three to five
minute inspection of the bus—with the bus running for a portion of the inspection—before departing at the
assigned time for their route. Buses are backed into parking spaces in the afternoon/evening so they will not
need to back out of a parking space in the mornings, thus reducing noise. The petitioner’s attorney noted that
city code exempts all vehicles and equipment operated by the city, any other unit of government, and any
utility, or any of their contractors or subcontractors, in the course of performing services or work, including,
without limitation, public safety and emergency response services, for the general welfare of the public from
the noise regulations. He added that even if the proposed livery service was not exempt from the noise
regulations, the parking spaces are setback a minimum of 200 feet from residences and the anticipated noise
levels of this use would meet the noise standards within City code.
The traffic study prepared by KOLA, which was conducted during the school year, found that most bus
movements occur during off-peak traffic hours in both the morning and afternoon and that traffic generated
from the proposed use is distributed over several hours. A landscape architect provided information regarding
the proposed landscaping site-wide mentioning that the proposed plantings are significant in size, fast
growing, and will be ideal to provide adequate screening of the site from surrounding properties.
Page 5 of 95
The PZB Members asked if the bus routing system take into account the train schedule for the tracks in the
region; if the petitioner considered using the long driveway from the south boundary of the property to
Thacker Street; if diesel buses would be run often during cold weather conditions; if buses are plugged in
when not in use; how the KOLA representative determined that the traffic levels will not be majorly impacted
with the proposed livery service; how the daily trip number for the concrete batch plant was obtained; how
the bus routes coincide with the bell times for the locations that First Student is servicing; and how the Level
of Service (LOS) projections for 2028 in the traffic study are determined.
Community and Economic Development staff summarized the staff report and recommended five conditions
of the Planning and Zoning Board recommended approval of the request. One condition requires the petitioner
to revise the Site Plan to include the dimensions, striping, and designation of the required handicap accessible
parking spaces pursuant to City codes. Another condition requires the petitioner to submit a Photometric Plan
in compliance with Section 12-12-10 of the Zoning Ordinance at time of building permit. A third condition
requires the installation of a public sidewalk across the subject property’s frontage along Wolf Road.
Multiple members of the public spoke on this petition expressing concerns with safety, noise, aesthetics,
decline in property values, parking, and traffic anticipated with the proposed livery service use. Many
members of the public felt that the site and the abutting railroad tracks presented many safety issues for
children and were worried that the proposed development may create unsafe conditions for children. It was
mentioned that the existing concrete block wall along the west property line is incomplete and is unsightly
and required many individuals to ask what would be done with the wall moving forward. Many members of
the public had concerns with the overall aesthetics of the site even after its redevelopment for the livery service
use given the nature of the request and the number of landscape variations requested. Members of the public
asked if there would be other vehicles besides buses on site and if buses will sit idle all summer or if they are
moved during the summer months. A decline in property values was identified as a perceived result of the
proposed livery service use even with the proposed site improvements.
There were also many concerns with noise of the proposed use given that residents in the surrounding area
are already subjected to regular noise pollution from trains, planes, and from previous uses of the subject
property. Idling buses and back-up sirens are referenced as major concerns for surrounding residents given
the morning shift for the livery service, which starts at 6:30 am. Fumes from the fuel tanks and bus exhaust
were also concerns expressed by members of the public who felt that a use solely focused around the operation
of larger vehicles would produce unsightly pollution and health risks. Members of the public inquired about
available employee parking for this use, as they were worried that employees would be parking on their
neighborhood streets during the day while at work. The last major concern from the public was traffic and the
frequency of buses departing and arriving on site and its impact on the surrounding area. The members of the
public felt that the number of buses entering and exiting the site was substantial and posed several traffic
congestion concerns, even with the proposed staggered bus route schedule and findings from the traffic study.
The PZB recommended (4-1) that the City Council approve the request with the five conditions in the staff
report and two additional conditions derived from the traffic study findings: (i) evaluate the travel paths of
the school buses to determine if there are any opportunities to reroute them and minimize the number of buses
that will travel to/from the south on Wolf Road and cross the railroad tracks; and (ii) monitor the operations
of the facility annually after opening to determine if any adjustments to the routing and times of departure
will be necessary.
Additional Information for City Council: A supplement provided by the applicant utilizing material
provided by KLOA and First Student details the process and factors involved in generating the bus routes for
the school districts they service. The software considers local road characteristics to predict traffic conditions
throughout the day. Nearly all buses run a junior high route and an elementary school route before returning
to the facility. See the full details in Bus Route Planning & Adjustments Memo (Attachment 6).
Page 6 of 95
PZB Recommendations: The PZB recommended (4-1) that the City Council approve the request with
conditions via Ordinance Z-56-21, which approves a conditional use and major variations, subject to the
following conditions.
Conditions of Approval:
1. That a public sidewalk is installed across the subject property’s frontage along Wolf Road to the
applicable specifications of the Des Plaines Municipal Code and additional governmental agency
regulations as necessary.
2. The dumpster shall be stored inside the building except during trash pickup days. If a future trash
enclosure is pursued, a building permit with plans for the dumpster enclosure in compliance with
Section 12-10-11 of the Zoning Ordinance shall be submitted to staff.
3. The Site Plan shall be revised to contain all required accessible parking spaces with the required
striping and dimensions and resubmitted at the time of building permitting.
4. A Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance shall be submitted
to staff at time of building permit.
5. The use shall be monitored regularly for compliance with the Environmental Performance Standards
in Chapter 12 of the Zoning Ordinance, particularly regarding sound/noise. Sufficient documentation
regarding the proposed fuel tank shall be submitted with the application for a building permit to suffice
for a Fire and life safety approval, pursuant to Sections 12-12-3 and 12-12-4.
6. Added by the PZB: The petitioner shall evaluate the travel paths of the school buses to determine if
there are any opportunities to reroute them and minimize the number of buses that will travel to/from
the south on Wolf Road and cross the railroad tracks.
7. Added by the PZB: The petitioner shall monitor the operations of the facility annually after opening to
determine if any adjustments to the routing and times of departure will be necessary.
Attachments:
Attachment 1: Petitioner’s Reponses to Standards
Attachment 2: Location Map
Attachment 3: Plat of Survey
Attachment 4: Traffic Study without Appendices
Attachment 5: Photos of Existing Conditions & Fuel Tank Example
Attachment 6: Bus Route Planning & Adjustments Memo
Attachment 7: Site and Context Photos
Attachment 8: Chairman Szabo Letter from Planning & Zoning Board to the Mayor and City Council
Attachment 9: Draft Excerpt Minutes from the October 26, 2021 Planning and Zoning Board Meeting
Ordinance Z-56-21
Exhibit A: Project Narrative
Exhibit B: Site Plan Exhibit
Exhibit C: Building Plans
Exhibit D: Landscape Plan
Exhibit E: Unconditional Agreement and Consent
Page 7 of 95
580 S. Wolf Road - Conditional Use Statements
1.The proposed conditional use is in fact a conditional use established within the specific
zoning district involved.
Response: “Livery Service” is a Conditional Use in the M-2 General Manufacturing
District.
2.The proposed conditional use is in accordance with the objectives of the City’s
comprehensive plan and the Zoning Code, Title 12 of the City Code of Des Plaines.
Response: The proposed school bus facility will further certain objectives of the Des
Plaines Comprehensive Plan (February 2019) set forth in Chapter 3, Economic Development
pertaining to industrial land uses; Chapter 5, Transportation; and Chapter 7: Stormwater
Management.
The proposed use is consistent with the City’s industrial use objective for the property, as the
site is indicated as “Industrial” on the Future Land Uses map. The project presents an
opportunity to improve the overall appearance and character of this industrial area, a key
objective of the Comprehensive Plan. Large structures and heavy equipment operations will be
eliminated. The elimination of heavy trucks from area roadways will lessen wear on the public
roads. The site will be beautified and screened with perimeter and parking area landscaping
and fencing. The 8.4 acre site, which has been unpaved gravel during its many decades
operated as a concrete plant, will be fully improved with pavement and will provide stormwater
controls meeting MWRD requirements for capture and discharge. The stormwater drainage
facility incorporates an underground storage vault which will aid in controlling flow into the
regional drainage system. This site design provides an opportunity to provide runoff control,
volume control, and onsite storage in accordance with current regulations, alleviating the
current condition of discharge.
The proposed school bus facility furthers objectives of the Zoning Code by limiting the intensity
of use from heavy industrial use of a concrete plant, or any other heavy manufacturing use
which could be operated at this large site (or any multiple heavy manufacturing uses which
could be operated from the site if the 8.4 acres were further subdivided into multiple
properties.) The proposed school bus use is more compatible with the surrounding areas than
heavy manufacturing uses.
3.The proposed conditional use is designed, constructed, operated, and maintained so as
to be harmonious and appropriate in appearance with the existing or intended character
of the general vicinity.
Response: The proposed school bus facility is designed to fit within the existing and
intended character of the general vicinity, which includes a mix of existing
Attachment 1 Page 8 of 95
manufacturing/warehouse uses and (on the opposite far side of rail road right of way)
residential neighborhoods. The site will be screened by fencing and significant
quantities of trees and shrubs, even along the western perimeter which is already
separated visually from the residential neighborhood by a high masonry wall.
The proposed school bus facility operations will be conducted during morning and
daytime hours. Occasionally, First Student will operate a few chartered buses in the
evenings during the week. No overnight activities will occur on the site.
The proposed school bus facility is a less intensive land use than either the existing land
use (concrete plant) or other land uses permitted in the M-2 General Manufacturing
District -- such as businesses classifiable as “manufacturing-heavy”, “manufacturing-
light”, and “distribution facilities” -- whose daily operations could have significant
external effects on surrounding properties, in terms of hours of operation, on-site
outdoor activities, vehicle traffic, noise, odor, and light, all of which could be
significantly more intensive in terms of duration and degree than the operation of a
school bus facility.
4. The proposed conditional use is not hazardous or disturbing to existing neighboring uses.
Response: A school bus facility and the operation of school buses on public roads is
not a hazardous use. Drivers are licensed operators who must operate the vehicles in
accordance with state-mandated driving rules, including railroad crossing regulations.
In terms of impacts on the existing roadways and traffic on area streets, the school bus
facility will generate fewer daily heavy vehicle trips than the existing concrete plant and,
as such, will have a lower impact on area roadways and adjacent intersections. The
Wolf Road right of way and the site entry are sufficiently sized to accommodate bus
movements into and out of the site.
In terms of noise impacts, as compared to the concrete plant (or other heavy
manufacturing use that could be operated on this site as a permitted use not subject to
conditional use approval) which operate throughout the day and which involve
continual heavy truck movements on-site and off-site, the school buses operate only
during two periods for the morning and afternoon shifts. Bus warning signals are
emitted only during backing movements, which occur only when the bus is backed into
a parking stall at the end of each shift. The intermittent beeping sounds required by
school buses during twice-daily parking movement are buffered by trees, fences and
walls surrounding the site, and are attenuated by the distance from residential
neighbors across railroad track right of way. The shortest distance between a parked
bus and a residential home is more than 150 feet. Additionally, it should be noted that
Attachment 1 Page 9 of 95
the City Code Section 6-2-7.B.1.c and B.1.d exempt certain types vehicular activities
from having to comply with sound and noise regulations. Among the exempt activities
are “sound or noise emitted or caused by … all vehicles and equipment operated by the
city, any other unit of government, and any utility, or any of their contractors or
subcontractors, in the course of performing services or work, including, without
limitation, public safety and emergency response services, for the general welfare of the
public.” (Emphasis added.) First Student’s activities are exempt from the City’s noise
regulations because it is a contractor of local school districts and would be performing
services for the general welfare of the public.
5. The proposed conditional use is to be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage structures, refuse
disposal, water and sewer, and schools; or the persons or agencies responsible for the
establishment of the proposed conditional use shall provide adequately any such
services.
Response: The site is an existing improved site with access to Wolf Road. The
Applicant may have to obtain IDOT permits in connection with its planned
improvements. The site is served by public water and sewer. Planned drainage
facilities will require appropriate MWRD permits which will be pursued by Applicant’s
consulting engineers, SpaceCo, Inc.
6. The proposed conditional use does not create excessive additional requirements at public
expense for public facilities and services and not be detrimental to the economic welfare
of the community;
Response: The school bus facility will not create excessive additional requirements
or burdens at public expense for public facilities and services. First Student will have a
positive economic impact on the Des Plaines community, providing employment
opportunities and property taxes for the community.
7. The proposed conditional use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property,
or the general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Response: The dispatch and maintenance of school buses from the site will not
produce an excessive amount of traffic, noise, smoke, fumes, glare or odors. As
evidenced by KLOA, Inc.’s Summary Traffic Evaluation, the proposed facility will have a
lower impact on area roadways and adjacent intersections than the existing concrete
plant. Moreover, the facility’s peak periods of traffic generation will not conflict with
Attachment 1 Page 10 of 95
existing area traffic. With respect to noise generation, as noted in Applicant’s response
to Statement 4, above, the sound levels emanating from the site as compared to the
concrete plants (and many other heavy manufacturing permitted uses) are anticipated
to be lower, of less duration, and intermittent. Moreover, the landscaping, fence and
walls will provide a sound buffer from the homes, all of which are more than 150 feet at
their nearest point from the nearest bus parking stall. In terms of fumes or odors, First
Student operates a school bus fleet that must meet or exceed State of Illinois emissions
standards. All maintenance and repair activities will occur within the maintenance area
portion of the building located at the north end of the property.
8. The proposed conditional use provides vehicular access to the property designed that
does not create an interference with traffic on surrounding public thoroughfares.
Response: The proposed access drive is wide enough to provide one inbound lane
and two outbound lanes. According to KLOA’s Summary Traffic Evaluation, the access
drive will be adequate to accommodate the projected inbound and outbound
movements.
9. The proposed conditional use does not result in the destruction, loss, or damage of a
natural, scenic, or historic feature of major importance.
Response: There are no natural, scenic or historic features of importance on or
adjacent to the property.
10. The proposed conditional use complies with all additional regulations in this title specific
to the conditional use requested.
Response: The livery service use for a school bus maintenance, dispatch and parking
facility is not subject to any additional regulations specific to a livery service use.
Attachment 1 Page 11 of 95
580 S. Wolf Road –Variance Standards
1.Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall
establish that carrying out the strict letter of the provisions of this title would create a particular
hardship or a practical difficulty.
Responses:
a.Off Street Parking Spaces: The Applicant seeks a variation for 16 on-site parking
spaces where 31 are required for a 7,555 square foot existing office building. The off
street parking spaces meet Standard 1 because Applicant has limited areas in which to
provide employee parking adjacent to the building, due to the location and orientation
of the existing building on the lot, and due to the location of service bay doors on the
south and west elevations.
b.Parking Lot Landscaping – Quantity of Trees: The Applicant seeks a variation from
Section 12-10-8.A.2 to allow 85 interior shade trees, where 161 are required. The
applicant has proposed a total of 125 trees, providing a combination of 85 shade, 24
ornamental and 16 evergreen. A combination of tree types provides greater visual
interest year round. A substantial portion of the site is under ComEd high tension wires.
ComEd regulations restrict the height and type of trees that can be planted underneath
their structures and within their easement area. The proposed interior parking lot trees
meet Standard 1 because of the ComEd constraint.
c.Parking Lot Landscaping – Location of Landscaped Areas: The Applicant requests
a variation from the provisions of Section 12-10-8.A.2 which requires that landscape
areas shall be located at the end of every parking row and after every 30 spaces within a
row. The lack of trees at the endcaps of two bus parking rows nearest the building and
the spacing of landscape islands in between a row of 34 spaces to the south and 27
spaces to the north meets Standard 1 because of the ComEd constraint.
d.Perimeter Parking Lot Landscaping: The Applicant requests a variation from the
provisions of Section 12-10-8.B.3 to 4 perimeter shade trees, where 7 are required, and
to allow the size and dimension of the perimeter parking lot landscape area adjacent to
Wolf Road, as indicated on Applicant’s landscape plan. The proposed perimeter parking
lot landscaping meets Standard 1 because the majority of the area in which parking lot
landscaping could be located is within the restricted ComEd area, thereby limiting the
area available for perimeter parking lot landscaping in the yard adjacent to the public
street.
e.Foundation Landscaping: The proposed foundation landscaping meets Standard 1
because there are limited areas in which to provide foundation landscaping, due to the
existing building size and location on the property in relation to the entry drive, and the
proposed parking areas. No foundation landscaping can be planted on the north side of
the building because the building has no north setback from the property line.
i.Additionally, the Applicant argues that a variation from Section 12-10-10 is not
required because section 12-10-10.A “Applicability” states that foundation
landscaping is only applicable to “new construction” and the Applicant’s
proposal is not new construction, it is a reuse of an existing building.
Attachment 1 Page 12 of 95
f. Fence Screening: The use of chain link fence along the west and southeast
perimeters meets Standard 1 because those perimeters do not abut residential districts
or uses, and because the west side is already screened by a masonry wall that exceeds
8’ in eight, and the southeast perimeter is heavily screened by existing foliage on the
property and within the railroad right of way.
i. Additionally, the Applicant argues that a variation from Sec. 12-7-4.E.d is not
required because no portion of the subject property “abuts” a residential
district or use. The property is bounded on all sides either by rail road right of
way (west and south/southeast), public road right of way (Wolf Road), and
property zoned M-2 manufacturing district. To “abut” is to be physically
contiguous. If two properties are separated by right of way, they do not “abut”
one another. The City zoning map establishes that streets and railroad right of
way are not classified in any zoning district; consequently, the railroad right of
way separates the subject property in the M-2 district from the R-1 residential
neighborhoods to the west and southeast.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the
same provision by reason of a unique physical condition, including presence of an existing use,
structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size;
exceptional topographical features; or other extraordinary physical conditions peculiar to and
inherent in the subject lot that amount to more than a mere inconvenience to the owner and
that relate to or arise out of the lot rather than the personal situation of the current owner of the
lot.
Responses:
a. Off Street Parking Spaces: The off street parking spaces meet Standard 2 because
the Applicant is repurposing an existing office and maintenance building. The existing
building has several service bays on the south and west elevations which limit the areas
adjacent to the building in which to locate employee parking. Parking areas can only be
located on the east side of the building. Parking areas should be adjacent to the
building and separated from bus maintenance areas and associated drive aisles,
whenever possible.
b. Parking Lot Landscaping – Quantity of Trees: The quantity of trees meets Standard 2
because of the unique condition of ComEd’s restrictions on the height of trees and
structures under its high tension wires.
c. Parking Lot Landscaping – Location of Landscaped Areas: The parking lot
landscaping meets Standard 2 because of the unique condition of the ComEd
restrictions.
d. Perimeter Parking Lot Landscaping: The proposed perimeter parking lot landscaping
meets Standard 2 because the majority of the area in which parking lot landscaping
could be located is within the restricted ComEd area, thereby limiting the area available
for perimeter parking lot landscaping in the yard adjacent to the public street.
e. Foundation Landscaping: The proposed foundation landscaping meets Standard 2
because there are limited areas in which to provide foundation landscaping, due to the
Attachment 1 Page 13 of 95
existing building size and location on the property in relation to the entry drive, and the
proposed parking areas.
f. Fence Screening: The use of chain link fence meets Standard 2 because the west
and southeast sides are already effectively screened by a masonry wall and vegetation
and the proposed fence is intended to secure the entire perimeter.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or
inaction of the owner or its predecessors in title and existed at the time of the enactment of the
provisions from which a variance is sought or was created by natural forces or was the result of
governmental action, other than the adoption of this title.
Responses:
a. Off Street Parking Spaces: The off street parking spaces meet Standard 3 because
the building is an existing condition.
b. Parking Lot Landscaping – Quantity of Trees: The quantity of trees meets Standard 3
because the ComEd high tension wires are an existing condition.
c. Parking Lot Landscaping – Location of Landscaped Areas: The parking lot
landscaping meets Standard 3 because the existing ComEd limitations prevent the
planting of trees within the endcap islands located nearest to the building.
d. Perimeter Parking Lot Landscaping: The proposed perimeter parking lot landscaping
meets Standard 3 because the majority of the area in which parking lot landscaping
could be located is within the restricted ComEd area, thereby limiting the area available
for perimeter parking lot landscaping in the yard adjacent to the public street.
e. Foundation Landscaping: The proposed foundation landscaping meets Standard 3
because there are limited areas in which to provide foundation landscaping, due to the
existing building size and location on the property in relation to the entry drive, and the
proposed parking areas.
f. Fence Screening: The use of chain link fence meets Standard 3 because the
masonry wall on the west side and vegetation on the southeast side are existing
conditions.
4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a
variance is sought would deprive the owner of the subject lot of substantial rights commonly
enjoyed by owners of other lots subject to the same provision.
Responses:
a. Off Street Parking Spaces: The off street parking spaces meet Standard 4 because
the Applicant and tenant can provide enough parking on site for the actual number of
office and maintenance staff (20-25), through the use of 16 off street parking spaces and
up to 4 “flex spaces”. The Applicant proposes 16 dedicated parking spaces for personal
vehicles, where 31 are required by code based on the size of area devoted to office use.
The actual number of employees on site at any one time (not including bus drivers) will
be 20 to 25, including office workers and maintenance workers. On any given day,
some, but not all, of the 8 bus parking stalls located at the northwest corner of the site
Attachment 1 Page 14 of 95
nearest to the building would ordinarily be used for staging of buses that are in queue
for maintenance. Although this area will be striped for 8 bus stalls, First Student, the
tenant, has designated that area for “flex” parking such that maintenance employees
who work the same shift will stack their vehicles in the same bus parking stall. In this
manner, all First Student employees will have parking spaces available each day.
b. Parking Lot Landscaping – Quantity of Trees: The quantity of trees meets Standard 4
because the Applicant is providing landscape area in excess of the minimum
requirement, yet the number of trees which can be located within the landscape area is
limited by the requirements of spacing trees so that they do not overcrowd as they
mature. The Applicant is providing substantial quantities of trees throughout the site,
including along the rear west property line that is adjacent to rail road right of way in an
area that is screened by a tall masonry wall.
c. Parking Lot Landscaping – Location of Landscaped Areas: The parking lot
landscaping meets Standard 4 because the variations sought are minor departures from
the strict requirements regarding island spacing and location.
d. Perimeter Parking Lot Landscaping: The proposed perimeter parking lot landscaping
meets Standard 4 because the majority of the area in which parking lot landscaping
could be located is within the restricted ComEd area, thereby limiting the area available
for perimeter parking lot landscaping in the yard adjacent to the public street. To
require additional trees within the perimeter parking lot landscape area would
necessitate removal of employee parking spaces.
e. Foundation Landscaping: The proposed foundation landscaping meets Standard 4
because increasing the foundation landscape areas would reduce the number of parking
spaces adjacent to the site.
f. Fence Screening: The use of chain link fence meets Standard 4 because the use of
solid material would only be applicable if the property were abutting a residential
zoning district or use.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of
the owner or occupant to enjoy some special privilege or additional right not available to owners
or occupants of other lots subject to the same provision, nor merely the inability of the owner to
make more money from the use of the subject lot.
Responses:
a. Off Street Parking Spaces: The off street parking spaces meet Standard 5 because
neither the Applicant nor its tenant are seeking to enjoy a special privilege or right.
Rather, the Applicant is seeking to repurpose an existing building and enable an efficient
utilization of the building and site for the intended use of school bus dispatch and
maintenance facility.
b. Parking Lot Landscaping – Quantity of Trees: The quantity of trees meets Standard 5
because neither the Applicant nor its tenant are seeking to enjoy a special privilege or
right. Rather, the Applicant is seeking to provide trees in a quantity that meets the
spirit and intent of the tree requirements within constraints that are imposed by the
ComEd utility lines and existing conditions.
Attachment 1 Page 15 of 95
c. Parking Lot Landscaping – Location of Landscaped Areas: The parking lot
landscaping meets Standard 5 because neither the Applicant nor its tenant are seeking
to enjoy a special privilege or right. Rather, the Applicant is balancing the practical
needs of providing a cohesive interior parking lot layout that will facilitate the safe and
efficient movement of vehicles throughout the site with the letter of the landscape
code.
d. Perimeter Parking Lot Landscaping: The proposed perimeter parking lot landscaping
meets Standard 5 because neither the Applicant nor its tenant are seeking to enjoy a
special privilege or right. The Applicant has proposed perimeter parking lot landscaping
to the extent available under the existing site constraints, as noted in response to
Standard 1.
e. Foundation Landscaping: The foundation landscaping meets Standard 5 because
the Applicant is seeking to repurpose an existing building and enable an efficient
utilization of the building and site for the intended use of school bus dispatch and
maintenance facility.
f. Fence Screening: The use of chain link fence meets Standard 5 because the
Applicant is asking to be held to the same standard as other property owners whose
properties do not abut residentially zoned districts or residential uses.
6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot
that would be not in harmony with the general and specific purposes for which this title and the
provision from which a variation is sought were enacted or the general purpose and intent of the
comprehensive plan.
Responses:
a. Off Street Parking Spaces: The off street parking spaces meet Standard 6 because
the reduction in parking spaces would not have any adverse effect on the use or
development of the property. The Applicant and tenant can provide parking on site for
all office and maintenance employees, through the use of the 16 designated parking
spaces and several “flex space” parking areas, as detailed in the response to Standard 4,
above.
b. Parking Lot Landscaping – Quantity of Trees: The quantity of trees meets Standard 6
because the total number of trees would meet the quantity of trees required, if the area
of the site that falls within the ComEd easement is deducted from the calculation. The
ComEd area is approx. 79,925 sf equating to 3,996 sf of green space and 40 trees. If the
ComEd area were excluded, only 121 trees would be required, where Applicant is
proposing 125 trees.
c. Parking Lot Landscaping – Location of Landscaped Areas: The parking lot
landscaping variances meet Standard 6 because the overall location of landscape areas
meets the code requirements and the variances do not materially affect the overall
appearance or quantity of parking lot landscaping.
d. Perimeter Parking Lot Landscaping: The proposed perimeter parking lot landscaping
meets Standard 6 because the amount of landscaping meets the intent and spirit of the
landscaping code requirements.
Attachment 1 Page 16 of 95
e. Foundation Landscaping: The foundation landscaping meets Standard 6 because
the Applicant is providing as much foundation landscaping as feasible given the existing
building and site constraints and the need to provide off street parking spaces.
Applicant reiterates its objection previously stated in response to Standard 1, that
Section 12-10-10 is not applicable to Applicant’s proposed use and redevelopment of
the subject property.
f. Fence Screening: The use of chain link fence meets Standard 6 because the fence
material on the west and southeast sides is consistent with the intent and purposes of
the City’s fence regulations.
7. No Other Remedy: There is no means other than the requested variation by which the alleged
hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the
subject lot.
Responses:
a. Off Street Parking Spaces: The parking spaces meet Standard 7 because the
physical attributes of the existing building size and location in relation to property lines
and access drive have limited the areas in which parking spaces may be located.
b. Parking Lot Landscaping – Quantity of Trees: The quantity of trees meets Standard 7
because the Applicant has provided a significant number of trees throughout the
parking lot, and the proposed quantity of trees meets the required number of trees
under a “net” area calculation that deducts the ComEd area, as explained in the
response to Standard 6, above.
c. Parking Lot Landscaping – Location of Landscaped Areas: The parking lot
landscaping variance for the one landscape island and two endcaps meets Standard 8
because these are minor variations within the context of an 8 acre site that is principally
used as a parking lot. The one landscape island variance allows for uniform design in the
row. The endcap planting variances are necessary to allow for drive aisle clearance in
the vicinity of the building.
d. Perimeter Parking Lot Landscaping: The proposed perimeter parking lot landscaping
meets Standard 7 because there is limited space in which to provide additional
landscaping.
e. Foundation Landscaping: The foundation landscaping meets Standard 7 because
the Applicant cannot relocate the building or provide parking in an alternate location.
The location and size of foundation landscaping is limited to the areas proposed by
Applicant.
f. Fence Screening: The use of chain link fence meets Standard 7 because a solid
fence is not required due to the property not abutting residential uses, as explained in
the response to Standard 1.
8. Minimum Required: The requested variation is the minimum measure of relief necessary to
alleviate the alleged hardship or difficulty presented by the strict application of this title.
Responses:
a. Off Street Parking Spaces: The parking spaces meet Standard 8 because all
employees will have parking available on site, either in the 16 designated spaces or in
Attachment 1 Page 17 of 95
nearby “flex spaces”. The Applicant proposes 16 dedicated parking spaces for personal
vehicles, where 31 are required by code based on the size of area devoted to office use.
The actual number of employees on site at any one time (not including bus drivers) will
be 20 to 25, including office workers and maintenance workers. On any given day,
some, but not all, of the 8 bus parking stalls located at the northwest corner of the site
nearest to the building would ordinarily be used for staging of buses that are in queue
for maintenance. Although this area will be striped for 8 bus stalls, First Student, the
tenant, has designated that area for “flex” parking such that maintenance employees
who work the same shift will stack their vehicles in the same bus parking stall. In this
manner, all First Student employees will have parking spaces available each day.
g. Parking Lot Landscaping – Quantity of Trees: The quantity of trees meets Standard 8
because the Applicant has proposed a significant number of trees throughout the
parking lot, and the proposed quantity of trees meets the required number of trees
under a “net” area calculation that deducts the ComEd area.
b. Parking Lot Landscaping – Location of Landscaped Areas: The parking lot
landscaping variance for the one landscape island and two endcaps meets Standard 8
because these are minor variations within the context of an 8 acre site that is principally
used as a parking lot.
c. Perimeter Parking Lot Landscaping: The proposed perimeter landscaping meets
Standard 8 because it requests the minimum relief needed and provides the maximum
amount of landscaping that can be planted in the available area.
d. Foundation Landscaping: The foundation landscaping meets Standard 8 because
the Applicant is providing as much foundation landscaping as is feasible, given the
existing constraints.
h. Fence Screening: The use of chain link fence meets Standard 8 because Applicant
is utilizing an acceptable fence material to provide perimeter security. Moreover, a solid
fence is not required due to the property not abutting residential uses, as explained in
the response to Standard 1.
Attachment 1 Page 18 of 95
580 S. Wolf Road - Variations Requested
1. Off-Street Parking Spaces. The Applicant requests a variation from the provisions of
Section 12-9-7 to permit 16 on site off-street automobile parking spaces, where are 31 are
required for a 7,555 gross square foot existing office building.
2. Parking Lot Landscaping – Quantity of Trees. The Applicant requests a variation from the
provisions of Section 12-10-8.A.2 to allow 125 interior trees, where 161 are required, of which
85 are shade trees.
3. Parking Lot Landscaping – Location of Landscaped Areas. The Applicant requests a
variation from the provisions of Section 12-10-8.A.2 which requires that landscape areas shall be
located at the end of every parking row and after every 30 spaces within a row. The Applicant
requests relief to allow for the landscape area to bisect the westernmost row of bus parking
stalls such that 34 parking spaces are located to the south and 27 to the north of the landscape
island. The Applicant also requests relief to eliminate landscape areas at the north ends of the
two sets of bus parking rows nearest the south end of the existing office building.
4. Perimeter Parking Lot Landscaping. The Applicant requests a variation from the provisions
of Section 12-10-8.B.3 to 4 perimeter shade trees, where 7 are required, and to allow the size
and dimension of the perimeter parking lot landscape area adjacent to Wolf Road, as indicated
on Applicant’s landscape plan.
5. Foundation Landscaping. The Applicant requests a variation from the provisions of
Section 12-10-10 to provide the foundation landscaping around the existing building, as
indicated on Applicant’s landscape plan, to legalize the non-conformity of the existing building
foundation landscaping.
6. Fence Screening. The Applicant requests a variation from the provisions of Article 12,
Section 10 to allow for the installation of security fencing around the parking area, consisting of
a 6’ solid wood fence along the Wolf Road frontage and a 6’ chain link fence along the south,
west and north perimeter property lines.
7. Other. The Applicant requests approval of such other variations as may be necessary to
accomplish the redevelopment and use of 580 S. Wolf Road in accordance with the Applicant’s
plans as a livery service facility for school bus dispatch office and maintenance within an existing
building, and school bus parking and storage.
Attachment 1 Page 19 of 95
Aerial Location Map with Zoning: 580 S Wolf
Attachment 2 Page 20 of 95
Attachment 3 Page 21 of 95
Attachment 3 Page 22 of 95
Traffic Impact Study
Proposed Bus Storage Facility
580 S. Wolf Road
Des Plaines, Illinois
Prepared For:
Prepared By:
October 8, 2021
SITE
Attachment 4 Page 23 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
1. Introduction
This report summarizes the methodologies, results, and findings of a traffic impact study
bus storage
facility to be located at 580 S. Wolf Road in Des Plaines, Illinois. The site, which was previously
occupied by a concrete plant, is located on the west side of Wolf Road at Wieboldt Drive. As
proposed, First Student Bus Company will occupy the site and will operate a bus storage and
maintenance facility. Access to the facility will continue to be provided via an existing access drive
off Wolf Road.
The purpose of this study was to examine background traffic conditions, assess the impact that the
proposed facility will have on traffic conditions in the area, and determine if any roadway or access
improvements are necessary to accommodate the traffic generated by the proposed facility.
Figure 1 shows the location of the site in relation to the area roadway system. Figure 2 shows an
aerial view of the site.
The sections of this report present the following:
Existing roadway conditions
A description of the proposed facility
Directional distribution of the facility traffic
Vehicle trip generation for the facility
Future traffic conditions including access to the facility
Traffic analyses for the weekday morning and weekday evening peak hours of operation
Recommendations with respect to adequacy of the site access and adjacent roadway system
Traffic capacity analyses were conducted for the weekday morning and weekday evening peak hours
for the following conditions:
1. Existing Conditions Analyze the capacity of the existing roadway system using existing
peak hour traffic volumes in the surrounding area.
2. Projected Conditions Analyze the capacity of the future roadway system using the
projected traffic volumes that include the existing traffic volumes, ambient traffic growth,
and the traffic estimated to be generated by the buildout of the proposed facility.
Attachment 4 Page 24 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Site Location Figure 1
SITE
Attachment 4 Page 25 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Aerial View of Site Figure 2
SITE
Attachment 4 Page 26 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
2. Existing Conditions
Existing transportation conditions in the vicinity of the site were documented based on field visits
conducted by KLOA, Inc. in order to obtain a database for projecting future conditions. The
following provides a description of the geographical location of the site, physical characteristics
of the area roadway system including lane usage and traffic control devices, and existing peak hour
traffic volumes.
Site Location
The site, which was formerly occupied by a concrete plant, is located on the west side of Wolf
Road at Wieboldt Drive approximately one half mile south of Golf Road. Land uses in the vicinity
of the site are general office to the north, industrial/warehouse to the east and single-family
residential to the west and south.
Railroad Crossing
The Union Pacific at-grade crossing with Wolf Road is located approximately 235 feet south of
website, the tracks carry an average of six daily freight trains. No passenger trains utilize these
tracks. It is important to note that unlike passenger railroad tracks, there is no scheduled crossing
times for these freight trains and they could cross Wolf Road at any time. Lastly, based on ICC
data, only one accident has been reported in the last five years at the at-grade crossing.
Existing Roadway System Characteristics
The characteristics of the existing roadways near the development are described below. Figure 3
illustrates the existing roadway characteristics.
Golf Road (Illinois Route 58) is generally an east-west, other principal arterial roadway that.
provides two lanes in each direction generally divided by a raised median. At its signalized
intersection with S. Wolf Road, Golf Road provides two through lanes and an exclusive right-turn
lane on the eastbound approach and an exclusive left-turn lane and two through lanes on the
westbound approach. Golf Road is under the jurisdiction of the Illinois Department of
Transportation (IDOT), carries an annual average daily traffic (AADT) volume of 28,100 vehicles
(IDOT 2019), and has a posted speed limit of 35 miles per hour.
Attachment 4 Page 27 of 95
Attachment 4 Page 28 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Wolf Road is a north-south, minor arterial roadway that extends south from Golf Road and provides
two lanes in each direction generally divided by a two-way left-turn lane (TWLTL). At its
unsignalized intersection with Wieboldt Drive/access drive, Wolf Road provides two through lanes
in each direction and a TWLTL. At its signalized intersection with Golf Road, S. Wolf Road
provides an exclusive left-turn lane and an exclusive right-turn lane. At its signalized intersection
with Thacker Street, Wolf Road provides an exclusive left-turn lane, a through lane and a shared
through/right-turn lane. Wolf Road is under the jurisdiction of the Illinois Department of
Transportation (IDOT), carries an AADT volume of 9,650 vehicles (IDOT 2018), and has a posted
speed limit of 35 miles per hour.
Wieboldt Drive is an east-west two-lane private drive that provides access to two Sysco
warehouses and IMS Engineered Products. At its unsignalized intersection with Wolf Road,
Wieboldt Drive is wide enough to provide one inbound lane and two outbound lanes. Outbound
movements are under stop sign control.
Thacker Street is an east-west minor arterial/major collector that provides two lanes in each
direction. At its signalized intersection with Wolf Road, Thacker Street provides an exclusive left-
turn lane, a through lane, and a shared through/right-turn lane on both approaches. Thacker Street,
east of Wolf Road, is under the jurisdiction of the City of Des Plaines. West of Wolf Road, Thacker
Street is under the jurisdiction of the Cook County Department of Transportation (CCDOT).
Thacker Street carries an AADT volume of 7,800 vehicles (IDOT 2018) and has a posted speed
limit of 25 miles per hour.
Existing Traffic Volumes
In order to determine current traffic conditions in the vicinity of the site, KLOA, Inc. conducted
peak period traffic counts using Miovision Scout Video Collection Units on Thursday, September
16, 2021 during the weekday morning (7:00 A.M. to 9:00 A.M.) and weekday afternoon (2:00
P.M. to 6:00 P.M.) peak periods at the intersections of Wolf Road with Wieboldt Road and Thacker
Street. Previous traffic counts conducted at the intersection of Golf Road with Wolf Road were
also utilized.
As the facility operates on a schedule based on the start and end times of area schools, the proposed
facility, as described on page 10, will experience its peak traffic operations outside of the peak
hours of the adjacent roadway system. As such, the peak hour volumes utilized in the study were
based on the operations of the facility and not the adjacent roadway system. The weekday morning
peak hour of facility traffic utilized occurs from 7:30 A.M. to 8:30 A.M. and the weekday evening
peak hour of facility traffic utilized occurs from 3:45 P.M. to 4:45 P.M.
Figure 4 illustrates the existing traffic volumes at the studied intersections during the peak hours
of facility traffic. Copies of the traffic count summary sheets are included in the Appendix.
Attachment 4 Page 29 of 95
Attachment 4 Page 30 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
3. Traffic Characteristics of the Proposed Facility
In order to properly evaluate future traffic conditions in the surrounding area, it was necessary to
determine the traffic characteristics of the proposed facility, including the directional distribution
and volumes of traffic that it will generate.
Proposed Site and Facility Plan
As proposed, the existing facility will be occupied by First Students Bus Company which will
operate a bus storage and maintenance facility. The plans call for redeveloping the site to contain
a school bus storage facility for 236 buses. The existing 32,800 square-foot building will remain
and serve as a dispatch office and maintenance facility. The facility will be staffed by
approximately 20 to 25 full time employees, which will be in the office and/or maintenance
facility. The facility will typically be open from Monday through Friday (August through June)
from 5:30 A.M. to 9:30 A.M. and from 1:00 P.M. to 5:30 P.M. with additional hours for special
events. Parking for approximately 16 passenger vehicles will be provided on-site. Access to the
facility will be provided via the existing full access drive off Wolf Road.
Directional Distribution
The directions from which employees and buses will approach and depart the site were estimated
based on information provided by First Student. Figure 5 illustrates the directional distribution of
the employee and bus traffic.
Facility
Attachment 4 Page 31 of 95
Attachment 4 Page 32 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Facility Estimated Trip Generation
The number of peak hour trips estimated to be generated by the proposed facility was based on
information provided by the operator. Per the provided information, approximately 78 drivers will
arrive at the site during the weekday morning between 5:45 A.M. and 7:45 A.M. and then depart in
their buses 15 to 20 minutes after arriving. After the drivers perform their morning route, they will
return to the site between 8:15 A.M. and 10:00 A.M. and leave in their personal vehicles 10 to 15
minutes later. This process repeats again in the afternoon with approximately 90 drivers arriving at
the site between 12:30 P.M. and 3:00 P.M. and returning in their buses between 3:15 P.M. and 5:45
P.M. Furthermore, the facility is anticipated to generate approximately 650 daily trips
(buses/personal vehicles).
A majority of the facility-generated traffic will arrive and depart the site during these five periods.
Drivers will enter and exit the site throughout the entire period and, as such, will not all access the
site during the same peak hour. The following five peak hours represent the highest volume of traffic
the facility will generate during a one-hour period as based on the information provided:
5:45 A.M. to 6:45 A.M. (74 inbound, 63 outbound)
6:00 A.M. to 7:00 A.M. (70 inbound, 74 outbound)
7:30 A.M. to 8:30 A.M. (22 inbound, 29 outbound)
1:15 P.M. to 2:15 P.M. (75 inbound, 67 outbound)
3:45 P.M. to 4:45 P.M. (66 inbound, 69 outbound)
As the first, second and fourth peaks fall outside the typical peak periods of adjacent traffic, they were
not included in the study. It is important to note that while the facility generates more traffic during
the 6:00 to 7:00 A.M. hour, a review of IDOT 24-hour traffic counts indicate that the traffic volumes
along Wolf Road during the 7:30 to 8:30 peak hour are almost double of those during the 6:00 to 7:00
A.M. period. Therefore, the traffic to be generated by the facility during the adjacent roadway peak
hour (7:30 to 8:30 A.M.) was utilized. The fifth peak overlaps with the peak hour of the adjacent street
(4:30 to 5:30 P.M.) and as such, the 3:45 to 4:45 P.M. peak hour was analyzed. Table 1 summarizes
the trips projected to be generated by the proposed facility during these peak hours.
It is important to note that typically 15 percent of the fleet is parked on site for either maintenance
or as spare buses. As such, even though the site has a parking capacity for 236 buses, at maximum
deployment, only 200 buses may be in service on the area roads. Furthermore, not all of the buses
will enter or exit the facility during the peak hours. Lastly, based on information provided to
KLOA, Inc., the non-driver full time staff begin arriving by 5:00 A.M. and leave as the final buses
clear routes for the day. As such and given that they arrive before and depart after the peak hours
of adjacent roadway, no trip generation was estimated for these employees.
Attachment 4 Page 33 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Table 1
PROJECTED SITE-GENERATED TRAFFIC VOLUMES
Weekday
Morning
Peak Hour
Weekday Evening
Peak Hour
Two-Way Daily
Trips
In Out Total In Out Total In Out Total
Bus Drivers
(Personal Vehicles) 6 16 22 8 60 68 163 163 326
Bus Drivers (Buses) 16 13 29 58 9 67 163 163 326
Total Trips 22 29 51 66 69 135 326 326 652
Traffic Generation Comparison
The site, as previously indicated, was formerly occupied by a concrete plant. Based on information
provided by the previous operator, below is a summary of the operational characteristics at full
capacity:
Hours of operation: Monday through Friday 6:30 A.M. to 5:00 P.M.
Occasional Saturday operation from 7:00 A.M. to 2:00 P.M.
Occasional weeknight jobs/pours shipping material until 7:00 P.M. or later
600 daily concrete mixer trucks (300 in and 300 out)
36 daily cement trucks
250 daily aggregate trucks
Table 2 shows a comparison of the daily trips between the two land uses
Table 2
TRIP GENERATION COMPARISON
Land Use Daily Trips
Bus Storage Facility 650
Concrete Plant 890
Difference -240
Based on the above, the amount of daily traffic previously generated by the concrete plant was
approximately 890 daily trucks. When this daily traffic volume is compared to the anticipated daily
traffic volume of the proposed school bus storage facility, it can be seen that the proposed facility
will generate approximately 30 percent (240) less daily traffic than the previous land use.
Attachment 4 Page 34 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
4. Projected Traffic Conditions
The total projected traffic volumes include the existing traffic volumes, increase in background
traffic due to growth, and the traffic estimated to be generated by the proposed subject facility.
Site Traffic Assignment
The estimated weekday morning and evening peak hour traffic volumes that will be generated by
the proposed facility were assigned to the roadway system in accordance with the previously
described directional distribution (Figure 5). Figure 6 illustrates the traffic assignment of the total
new trips.
Background Traffic Conditions
The following additional traffic growth was also included in the projected traffic volumes:
The traffic projected to be generated by a proposed five-story apartment building with
approximately 348 units and an internal parking garage and a 2,000 square-foot fast casual
restaurant with a drive-through lane. Access to the development will be provided via a
proposed full movement access drive that will form the fourth (north) leg of the signalized
intersection of Golf Road with S. Wolf Road and via a right-out only access drive that will
replace the existing full-movement access road serving the Metra UPNW Cumberland
station.
The existing traffic volumes (Figure 4) were increased by a regional growth factor to
account for the increase in existing traffic related to regional growth in the area (i.e., not
attributable to any particular planned development). Based on ADT projections provided
by the Chicago Metropolitan Agency for Planning (CMAP), the existing traffic volumes
were increased by an annually compounded growth rate of 0.9 percent per year for seven
years (buildout year plus five years) for a total of 6.5 percent to project Year 2028
background conditions. A copy of the CMAP 2050 projections letter is included in the
Appendix.
The Year 2028 no-build traffic volumes, which include the existing traffic volumes increased by
the regional growth factor and the traffic to be generated the approved five-story apartment
building and the fast casual restaurant, are illustrated in Figure 7.
Total Projected Traffic Volumes
The facility-generated traffic (Figure 6) was added to the Year 2028 No-Build traffic volumes to
determine the Year 2028 total projected traffic volumes, shown in Figure 8.
Attachment 4 Page 35 of 95
Attachment 4 Page 36 of 95
Attachment 4 Page 37 of 95
Attachment 4 Page 38 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
5. Traffic Analysis and Recommendations
The following provides an evaluation conducted for the weekday morning and weekday evening
peak hours. The analysis includes conducting capacity analyses to determine how well the roadway
system and access drives are projected to operate and whether any roadway improvements or
modifications are required.
Traffic Analyses
Roadway and adjacent or nearby intersection analyses were performed for the weekday morning
and weekday evening peak hours for the existing (Year 2021) and Year 2028 total projected traffic
volumes.
The traffic analyses were performed using the methodologies outlined in the Transportation
Highway Capacity Manual (HCM), 6 th Edition and analyzed using the
Synchro/SimTraffic 11 software. The analysis for the traffic-signal controlled intersections were
accomplished using actual cycle lengths and phasings to determine the average overall vehicle
delay and levels of service.
The analyses for the unsignalized intersections determine the average control delay to vehicles at
an intersection. Control delay is the elapsed time from a vehicle joining the queue at a stop sign
(includes the time required to decelerate to a stop) until its departure from the stop sign and
resumption of free flow speed. The methodology analyzes each intersection approach controlled
by a stop sign and considers traffic volumes on all approaches and lane characteristics.
The ability of an intersection to accommodate traffic flow is expressed in terms of level of service,
which is assigned a letter from A to F based on the average control delay experienced by vehicles
passing through the intersection. The Highway Capacity Manual definitions for levels of service
and the corresponding control delay for signalized intersections and unsignalized intersections are
included in the Appendix of this report.
Summaries of the traffic analysis results showing the level of service and overall intersection delay
(measured in seconds) for the existing and total projected conditions are presented in Tables 3
through 7. A discussion of each intersection follows. Summary sheets for the capacity analyses are
included in the Appendix.
Traffic Analysis and Recommendations
Attachment 4 Page 39 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Table 3
CAPACITY ANALYSIS RESULTS GOLF ROAD WITH WOLF ROAD SIGNALIZED
Peak Hour Eastbound Westbound Northbound Southbound Overall
L T R L T R L T R L T R Year 2021 Existing ConditionsWeekday
Morning
Peak Hour
-- B
15.4
A
4.3
D
35.0
A
3.9 -- E
71.7 -- E
66.8 -- C
22.1 B 14.5 B 13.0 E 67.7
Weekday
Evening
Peak Hour
-- B
16.4
A
4.1
C
22.8
A
5.6 -- E
77.1 -- E
59.4 -- B
19.5 B 15.1 A 9.1 E 64.1 Year 2028 No-Build ConditionsWeekday
Morning
Peak Hour
A
8.8
C
31.5
B
15.2
D
46.0
A
8.5
A
7.1
E
68.4 -- C
32.4
E
68.3
E
57.1 C
27.2 C 29.9 B 19.5 D 39.3 E 65.5
Weekday
Evening
Peak Hour
B
11.4
C
34.0
B
16.1
D
45.7
B
16.3
B
10.5
E
59.2 -- C
26.2
D
52.6
D
47.2 C
27.8 C 31.5 C 22.1 D 35.5 D 51.2 Year 2028 Total Projected Traffic Volumes Weekday
Morning
Peak Hour
A
8.9
C
31.9
B
15.4
D
47.3
A
8.6
A
7.2
E
69.0
C
32.4
E
67.8
E
56.9 C
27.6 C 30.3 C 20.0 D 39.6 E 65.0
Weekday
Evening
Peak Hour
B
11.6
D
35.4
B
16.7
E
48.3
B
16.5
B
10.6
E
61.0
C
26.1
D
51.1
D
46.1 C
28.7 C 32.7 C 22.9 D 36.1 D 49.9
Letter denotes Level of Service
Delay is measured in seconds.
L Left Turns
T Through
R Right Turns
Attachment 4 Page 40 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Table 4
CAPACITY ANALYSIS RESULTS WOLF ROAD WITH THACKER STREET SIGNALIZED
Peak Hour Eastbound Westbound Northbound Southbound Overall
L T/R L T/R L T/R L T/R Year 2021 Existing Conditions Weekday
Morning
Peak Hour
C
23.7
D
42.7
C
27.4
D
35.4
A
9.3
B
14.5
A
8.8
B
17.3 C
24.4 D 40.4 C 32.8 B 13.5 B 16.8
Weekday
Evening
Peak Hour
C
26.3
D
43.3
C
27.0
D
44.4
A
9.1
B
14.7
A
8.9
B
16.0 C
27.1 D 41.0 D 41.8 B 13.4 B 15.0 Year 2028 No-Build Conditions Weekday
Morning
Peak Hour
C
23.6
D
42.7
C
28.0
D
35.3
A
9.8
B
15.1
A
9.1
B
18.2 C
24.8 D 40.4 C 32.9 B 14.1 B 17.6
Weekday
Evening
Peak Hour
C
26.2
D
43.2
C
27.0
D
44.4
A
9.7
B
15.7
A
9.5
B
16.8 C
27.1 D 40.8 D 41.8 B 14.4 B 15.7 Year 2028 Total Projected Traffic Volumes Weekday
Morning
Peak Hour
C
23.7
D
42.7
C
28.0
D
35.5
A
9.8
B
15.2
A
9.2
B
18.3 C
24.8 D 40.2 C 33.1 B 14.2 B 17.6
Weekday
Evening
Peak Hour
C
27.0
D
42.4
C
26.7
D
44.7
B
10.0
B
16.3
A
9.9
B
17.3 C
27.1 D 39.8 D 42.1 B 15.0 B 16.2
Letter denotes Level of Service
Delay is measured in seconds.
L Left Turns
T Through
R Right Turns
Attachment 4 Page 41 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Table 5
CAPACITY ANALYSIS RESULTS EXISTING CONDITIONS UNSIGNALIZED
Weekday Morning
Peak Hour
Weekday Evening
Peak Hour
Intersection LOS Delay LOS Delay
Wolf Road with Wieboldt Drive
Westbound Approach C 18.3 B 13.1
Southbound Left Turn A 9.4 A 9.5
LOS = Level of Service
Delay is measured in seconds.
Table 6
CAPACITY ANALYSIS RESULTS NO-BUILD CONDITIONS UNSIGNALIZED
Weekday Morning
Peak Hour
Weekday Evening
Peak Hour
Intersection LOS Delay LOS Delay
Wolf Road with Wieboldt Drive
Westbound Approach E 37.6 C 18.8
Southbound Left Turn A 9.5 A 9.8
LOS = Level of Service
Delay is measured in seconds.
Table 7
CAPACITY ANALYSIS RESULTS FUTURE CONDITIONS UNSIGNALIZED
Weekday Morning
Peak Hour
Weekday Evening
Peak Hour
Intersection LOS Delay LOS Delay
Wolf Road with Wieboldt Drive
Westbound Approach E 43.2 C 24.7
Southbound Left Turn A 9.5 A 9.8
Eastbound Approach C 15.3 C 17.3
Northbound Left Turn B 10.7 B 11.1
LOS = Level of Service
Delay is measured in seconds.
Attachment 4 Page 42 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Discussion and Recommendations
The following summarizes how the intersections are projected to operate and identifies any
roadway and traffic control improvements necessary to accommodate the facility-generated traffic.
Golf Road with Wolf Road
The results of the capacity analysis indicate that overall the intersection of Golf Road with Wolf
Road currently operates at a Level of Service (LOS) C during the weekday morning peak hour and
LOS B during the weekday evening peak hour. As can be seen, all movements at the intersection
currently operate at LOS E or better during both peak hours. Further, through movements on Golf
Road operate at LOS B or better during the peak hours.
Under Year 2028 no-build conditions, and as part of the proposed residential development on the
north side of Golf Road, a full movement access drive serving the development will be provided
in alignment with Wolf Road forming the fourth (north) leg of this intersection. This access drive
will provide one inbound lane and two outbound lanes striped to provide a shared through/left-
turn lane and an exclusive right-turn lane. Further, an eastbound left-turn lane and a westbound
right-turn lane will be provided on Golf Road serving this access drive and Wolf Road will be
restriped to provide a shared through/left-turn lane and an exclusive right-turn lane. Assuming
these improvements, this intersection is projected to operate at a LOS C during both peak hours
with increases in delay of less than eight seconds.
Under Year 2028 projected conditions, and given the above assumptions, this intersection is
projected to continue to operate at LOS C during the weekday morning and weekday evening peak
hours with increase in delay of less than one second. In addition, the northbound through/left-turn
movement is projected to operate at LOS E or better during the peak hours with 95 th percentile
queues of less 230 feet, which can be accommodated within the existing turn lane. As such, Golf
Road and Wolf Road will be able to continue to operate efficiently even with the addition of the
proposed fourth leg and the site generated traffic.
Wolf Road with Thacker Street
The results of the capacity analysis indicate that overall this intersection currently operates at a
LOS C during the weekday morning and evening peak hours. Further, all movements operate at
LOS D or better during both peak hours. Under Year 2028 no-build conditions, the intersection
will continue to operate at the same LOS with increases in delay of less than one second.
Under Year 2028 projected conditions, this intersection is projected to continue to operate at the
same overall LOS as under Year 2028 no-build conditions during the weekday morning and
evening peak hours with no overall increase in delay. In addition, all movements are projected to
continue to operate at LOS D or better during the weekday morning and evening peak hours. As
such, this intersection has sufficient reserve capacity to accommodate the traffic estimated to be
generated by the proposed facility and no roadway or traffic control improvements will be
required.
Attachment 4 Page 43 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Wolf Road with Wieboldt Drive/Site Access Drive
Under existing conditions, all of the turning movements at this intersection are operating at LOS
C or better during the weekday morning and evening peak hours. Under Year 2028 no-build
conditions, westbound approach will operate at a LOS E during the weekday morning peak hour
and at a LOS C during the weekday evening peak hour. The LOS E is the result of the anticipated
growth in the area and the number of trucks that exit the Sysco facility. However, it is important
to note that based on field observations, there are numerous gaps in the through traffic stream that
are created by the traffic signals on Wolf Road to the north and south of this access drive. These
gaps allow traffic to exit Wieboldt Drive more efficiently than what the results of the capacity
analysis indicate.
Under Year 2028 projected conditions, all of the turning movements will operate at a LOS D or
better with the exception of Wieboldt Drive which will continue operating at a LOS E. This is not
uncommon and as discussed previously, the numerous gaps available in the through traffic stream
will allow traffic to exit Wieboldt Drive more efficiently than what the results of the capacity
analysis indicate. Further inspection of the capacity analyses indicate that the northbound left-turn
lane queue will be less than 50 feet and as such will not spill into the through lanes or extend to
the railroad tracks. It is recommended that the exiting striped median south of the access drive be
restriped as an exclusive northbound to westbound left-turn lane. No additional geometric or traffic
control improvements are necessary in conjunction with the proposed development.
Attachment 4 Page 44 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
Railroad Crossing/Wolf Road Evaluation
As previously indicated, the access drive to the proposed facility will be located approximately
235 feet north of the at-grade crossing on Wolf Road. Per State law, any school bus (with or
without children) approaching a railroad track should display the hazard warning lights, stop
within 15 to 50 feet from the tracks, open the driver window and service door, look and listen for
an approaching train and the proceed across the tracks.
Based on the data provided by First Student the maximum number of buses expected to exit the
facility in one 15-minute period during the 7:30 to 8:30 A.M. and the 3:45 to 4:45 P.M. peak hours
will be seven and four, respectively. This low frequency of exiting buses will have a limited impact
on the southbound movement of traffic on Wolf Road at its intersection with the railroad crossing
especially with the freight trains averaging six crossings per day.
In order to minimize the impact on the Wolf Road/railroad track intersection and whenever
possible, buses returning to the site from the south should be directed to instead use Golf Road and
approach the facility from the north. With the implementation of this recommendation and coupled
with the low utilization of the railroad track, the proposed facility will have a limited impact on
the operation of the Wolf Road/railroad track intersection.
Attachment 4 Page 45 of 95
Proposed Bus Storage Facility
Des Plaines, Illinois
6. Conclusion
Based on the preceding analyses and recommendations, the following conclusions have been
made:
The volume of traffic to be generated by the proposed facility will primarily occur outside
of the peak hours of adjacent roadway traffic.
The traffic that will be generated by the proposed facility, including buses, will be
distributed over several hours during the morning and afternoon peak periods.
The concrete plant that previously occupied the site generated more daily traffic and more
heavy trucks than what the proposed facility will generate thus having a bigger impact on
area roadways than the proposed facility.
The signalized intersections of Wolf Road with Golf Road and Thacker Street have
sufficient reserve capacity to accommodate the traffic estimated to be generated by the
proposed facility.
The proposed access system will be adequate in accommodating the traffic projected to be
generated by the facility with limited impact on the external roadway system.
In order to reduce the impact on the Wolf Road at-grade crossing the following should be
considered:
o Evaluate the travel paths of the school buses to determine if there are any
opportunities to reroute them and minimize the number buses that will travel
to/from the south on Wolf Road and cross the railroad tracks.
o Monitor the operations of the facility annually after opening. This would include
keeping track of bus departure times and routes of travel throughout the morning
period. This should be utilized to determine if any adjustments to the routing and
times of departure will be necessary.
Attachment 4 Page 46 of 95
Attachment 5 Page 47 of 95
Attachment 5 Page 48 of 95
Attachment 5 Page 49 of 95
Attachment 6 Page 50 of 95
Attachment 6 Page 51 of 95
Attachment 6 Page 52 of 95
Attachment 6 Page 53 of 95
Proposed 580 S. Wolf (Black); Existing 2100 Busse Rd. Elk Grove Village (Yellow)Red: CCSD 59 schools Blue: Mount Prospect SD 57 schools Green: Des Plaines CCSD 62 schools Purple: East Maine SD 63 Schools Exhibit AAttachment 6Page 54 of 95
Example of one Des Plaines CCSD 62 bus route on October 12, 2021To and from 2100 Busse Road, Elk Grove VillageExhibit BAttachment 6Page 55 of 95
Example of one Mount Prospect SD 57 bus route on October 12, 2021To and from 2100 Busse Road, Elk Grove VillageExhibit CAttachment 6Page 56 of 95
Example of one CCSD 59 bus route on October 12, 2021To and from 2100 Busse Road, Elk Grove VillageExhibit DAttachment 6Page 57 of 95
Example of one East Maine SD 63 bus route on October 12, 2021To and from 2100 Busse Road, Elk Grove VillageExhibit EAttachment 6Page 58 of 95
Lowest Highest15 Mins 4:45 5:00 5:15 5:30 5:45 6:00 6:15 6:30 6:45 7:00 7:15 7:30 7:45 8:00 8:15 8:30 8:45 9:00 9:15Driver In2001627281123742004022Bus Out0200162728113274200402Bus In 0000010101173512223143Driver Out0000001010117351222314Total 2 2 0 1 7 34 56 40 14 7 11 19 16 10 6 27 49 39 21Hourly 4:45 5:00 5:15 5:30 5:45 6:00 6:15 6:30 6:45 7:00 7:15 7:30 7:45 8:00 8:15 8:30 8:45 9:00 9:15Driver In 2 7 34 62 72 68 44 23 16 16 13 6 6 4 6 8 5 11 9Bus Out 0 3 7 34 62 72 69 44 23 16 15 13 6 6 4 6 8 5 11Bus In 0 0 1 1 2 2 2 3 9 12 16 16 31 51 60 62 49 26 12Driver Out0001122239121616315160624926Total 2 10 42 98 137 144 117 72 51 53 56 51 59 92 121 136 124 91 58By The Hour 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00Driver In 2 7 68 16 4 11 24 6 2 41 37 10 8 1 0Bus Out 0 3 72 16 6 5 22 14 0 18 59 12 9 1 0Bus In 0 0 2 12 51 26 0 5 14 26 4 21 58 7 10Driver Out002931490453531760912Total 2 10 144 53 92 91 46 29 21 120 103 60 135 18 22Exhibit F15 MinsHourlyBy The HourBus OutBus InBus OutBus InBus OutBus InAttachment 6Page 59 of 95
9:30 9:45 10:00 10:15 10:30 10:45 11:00 11:15 11:30 11:45 12:00 12:15 12:30 12:45 13:00 13:15 13:30 13:45 14:00 14:15 14:3016021486000000211232521942160214860000002112325219900000031102210137511013900000031102210137511015166216221494212414263327344831149:30 9:45 10:00 10:15 10:30 10:45 11:00 11:15 11:30 11:45 12:00 12:15 12:30 12:45 13:00 13:15 13:30 13:45 14:00 14:15 14:309222430281460002315184161585937231599222430281460002315184161585937239000345545142732352614734511129000345545142732352614734539 40 46 54 61 49 29 16 9 9 21 46 77 100 120 142 140 127 103 69 54Attachment 6Page 60 of 95
14:45 15:00 15:15 15:30 15:45 16:00 16:15 16:30 16:45 17:00 17:15 17:30 17:45 18:00 18:15 18:30 18:45371114400100000004371114400100000022676172611440125410122676172611440125411014161515285141159513795114:45 15:00 15:15 15:30 15:45 16:00 16:15 16:30 16:45 17:00 17:15 17:30 17:45 18:00 18:15 18:30 18:451210710985111000000015121071098511100000017 21 36 56 60 58 45 19 9 7 8 12 12 10 5 1 011 17 21 36 56 60 58 45 19 9 7 8 12 12 10 5 155 60 74 109 135 135 116 70 30 18 16 20 24 22 15 6 1Attachment 6Page 61 of 95
Site Photos by Staff
Looking south down Wolf Road at entrance Front (east) facade of existing building
Existing building with overhead power lines Existing fence at Wolf frontage/entrance with
batch plant in background
Attachment 7 Page 62 of 95
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
October 27, 2021
Mayor Goczkowski and Des Plaines City Council
CITY OF DES PLAINES
Subject: Planning and Zoning Board, 580 S. Wolf Road, Case #21-044-CU-V, 4th Ward
RE: Consideration of Conditional Use for a Livery Service
Honorable Mayor and Members of the Des Plaines City Council:
The Planning and Zoning Board (PZB) met on October 26, 2021 to consider a Conditional Use under Section 12-
7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow for a Livery Service Use at 580 S. Wolf
Road in the M-2, General Manufacturing district, and several variations concerning landscaping requirements.
1.The petitioner and his team provided a detailed description of the requests and their components for the
request to locate a livery service use on the subject property in place of the old concrete batch plant that
is currently located on site. The petitioner’s attorney explained that the company, First Student, is a bus
service provider that is looking to relocate their business to the 8.5-acre site to serve as its main hub for
operations given the subject property’s central location to the areas they currently service. He provided an
overview of the industrial development in the surrounding region noting that the proposed livery service
is in line with existing industrial uses in this area. He also mentioned that the redevelopment of this site
for the proposed livery service would improve the site and scale back intensity of the use in comparison
with the previous concrete batch plant. The petitioner’s attorney mentioned that the proposal includes an
interior remodel of the existing north building with minor non-structural exterior improvements and the
demolition of all other buildings on site. He also noted the proposed fuel tanks and their location at the
northeast portion of the subject property, which are required to be positioned there. He added that the
garbage dumpster will be stored inside the back of the north building, except on trash collection days.
The petitioner’s attorney described that First Student will operate 150 buses out of the 236 buses parked
on site during the school year, as the remainder of the buses will be undergoing maintenance, inspections,
and/or repairs. He added that up to 25 buses would be utilized in the summer months for summer school
transportation. The petitioner’s attorney discussed shifts and routing plans for the proposed livery service
noting that First Student utilizes routing software that determines the best route and departure time to
ensure bus routes are completed in a timely manner. The buses have GPS and the adaptive software
monitors each bus route service on a daily basis to determine if any adjustments need to be made to the
route, departure time, etc. It was discussed that the bus departure times will be staggered mornings and
afternoons based on individual bus routes with roughly ten to twelve buses departing every 15 to 20
minutes. The representative from First Student noted that roughly 60% of the departing buses will travel
south on Wolf Road and the remainder will travel north.
Concerning noise, he explained that bus drivers arrive on site around 6:30 am and perform a three to five
minute inspection of the bus—with the bus running for a portion of the inspection—before departing at
the assigned time for their route. Buses are backed into parking spaces in the afternoon/evening so they
will not need to back out of a parking space in the mornings, thus reducing noise. The petitioner’s attorney
noted that city code exempts all vehicles and equipment operated by the city, any other unit of government,
Attachment 8 Page 63 of 95
and any utility, or any of their contractors or subcontractors, in the course of performing services or work,
including, without limitation, public safety and emergency response services, for the general welfare of
the public from the noise regulations. He added that even if the proposed livery service was not exempt
from the noise regulations, the parking spaces are setback a minimum of 200 feet from residences and the
anticipated noise levels of this use would meet the noise standards within City code.
The petitioner’s attorney concluded with an overview of the traffic study prepared by KOLA, which was
conducted during the school year. It was noted that study found that most bus movements occur during
off-peak traffic hours in both the morning and afternoon and that traffic generated from the proposed use
is distributed over several hours. A landscape architect provided information regarding the proposed
landscaping site-wide mentioning that the proposed plantings are significant in size, fast growing, and will
be ideal to provide adequate screening of the site from surrounding properties.
2.The PZB Members asked if the bus routing system take into account the train schedule for the tracks in
the region; if the petitioner considered using the long driveway from the south boundary of the property
to Thacker Street; if diesel buses would be run often during cold weather conditions; if buses are plugged
in when not in use; how the KOLA representative determined that the traffic levels will not be majorly
impacted with the proposed livery service; how the daily trip number for the concrete batch plant was
obtained; how the bus routes coincide with the bell times for the locations that First Student is servicing;
and how the Level of Service (LOS) projections for 2028 in the traffic study are determined.
The petitioner and his team responded that the bus routing system does not take into account train
schedules but the traffic study mentions that there are six trains that run during the day and that there are
not many during the major bus routing times; that they looked into this but it was not a viable option for
First Student and the City given the inadequate room for bus turning and movements; that they will start
and run buses throughout the nights in extreme weather conditions as needed; that they do on existing
sites but may not have this ability for this site; that the daily trip numbers for the concrete batch plant were
provided to them from existing ownership of the property; and that the bus routing schedule is based of
typical bell times for the locations they service which are around 7:30 am for junior highs and 8:20 am to
9 am for elementary schools. The representative from KOLA answered the questions regarding the traffic
study explaining that the staggered departure times, lack of overlap between the bus routing schedule and
peak travel times, adequate capacity at both signalized intersections on Wolf Road at Thacker Street and
Golf Road with the four lane road, and five year growth projections indicate that the proposed livery
service will not have a significant impact on traffic levels in the area. He added the proposed changes and
movements at the intersection of Wolf Road and the entrance of the subject property lead to the projected
LOS changes in 2028 as noted in the traffic study.
3.Community and Economic Development staff summarized the staff report and recommended five
conditions of the Planning and Zoning Board recommended approval of the request. One condition
requires the petitioner to revise the Site Plan to include the dimensions, striping, and designation of the
required handicap accessible parking spaces pursuant to City codes. Another condition requires the
petitioner to submit a Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance at
time of building permit. A third condition requires the installation of a public sidewalk across the subject
property’s frontage along Wolf Road.
4.Multiple members of the public spoke on this petition expressing concerns with safety, noise, aesthetics,
decline in property values, parking, and traffic anticipated with the proposed livery service use. Many
members of the public felt that the site and the abutting railroad tracks presented many safety issues for
children and were worried that the proposed development may create unsafe conditions for children. It
was mentioned that the existing concrete block wall along the west property line is incomplete and is
unsightly and required many individuals to ask what would be done with the wall moving forward. Many
members of the public had concerns with the overall aesthetics of the site even after its redevelopment for
Attachment 8 Page 64 of 95
the livery service use given the nature of the request and the number of landscape variations requested.
Members of the public asked if there would be other vehicles besides buses on site and if buses will sit
idle all summer or if they are moved during the summer months. A decline in property values was
identified as a perceived result of the proposed livery service use even with the proposed site
improvements.
There were also many concerns with noise of the proposed use given that residents in the surrounding area
are already subjected to regular noise pollution from trains, planes, and from previous uses of the subject
property. Idling buses and back-up sirens are referenced as major concerns for surrounding residents given
the morning shift for the livery service, which starts at 6:30 am. Fumes from the fuel tanks and bus exhaust
were also concerns expressed by members of the public who felt that a use solely focused around the
operation of larger vehicles would produce unsightly pollution and health risks. Members of the public
inquired about available employee parking for this use, as they were worried that employees would be
parking on their neighborhood streets during the day while at work. The last major concern from the public
was traffic and the frequency of buses departing and arriving on site and its impact on the surrounding
area. The members of the public felt that the number of buses entering and exiting the site was substantial
and posed several traffic congestion concerns, even with the proposed staggered bus route schedule and
findings from the traffic study.
The petitioner’s attorney responded that the proposed landscaping is substantial and will provide adequate
screening to reduce the unsightliness of the site. He also mentioned that the other site improvements, such
as the demolition of the accessory buildings and the repaving of the lot, will also assist in cleaning up the
site and reducing negative impact on surrounding properties. He stressed that they cannot do anything
with the existing concrete block wall because it is on the railroad property and the railroad has not allowed
them to lease that property and/or make improvements. It was added that the livery service will only
operate buses so no other vehicles, besides employee personal vehicles, will be located on site. A
representative from the current property ownership mentioned that there were was a large number of
vehicles entering and exiting the site with the previous use in larger volumes than what is anticipated with
the proposed livery service use.
5.The PZB recommended (4-1) that the City Council approve the request with the five conditions in the
staff report and two additional conditions derived from the traffic study findings: (i) evaluate the travel
paths of the school buses to determine if there are any opportunities to reroute them and minimize the
number of buses that will travel to/from the south on Wolf road and cross the railroad tracks; and (ii)
monitor the operations of the facility annually after opening to determine if any adjustments to the routing
and times of departure will be necessary.
Respectfully submitted,
James Szabo,
Des Plaines Planning and Zoning Board, Chairman
Cc: City Officials/Aldermen
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Case 21-043-V 543 S. Fifth Avenue Variation
Case 21-044-CU-V 580 S. Wolf Road Variation
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Page 8
2.Address: 580 S. Wolf Road Case Number: 21-0444-CU-V
Public Hearing
The petitioner is requesting the following items: (i) a Conditional Use from Section 12-7-3(K) of the Des
Plaines Zoning Ordinance, as amended, to allow a livery service in the M-2 zoning district; (ii) Major
Variations from Section 12-10-8(A) to provide relief from the interior parking lot landscaping
requirements; (iii) a Major Variation from Section 12-10-8(B) to provide relief from the perimeter parking
lot landscaping requirements; (iv) a Major Variation from Section 12-10-10 to provide relief from the
foundation landscaping requirements; (v) a Major Variation from Section 12-10-9 to provide relief from
the landscape buffer requirements; and (vi) the approval of any other such variations, waivers, and zoning
relief as may be necessary.
PIN: 09-18-400-006-0000
Petitioner: Transport Properties, LLC, 980 N. Michigan Avenue, Suite 1280,
Chicago, IL 60611
Owner: Chicago Title Land Trust Company, 1701 Golf Road, Suite 1-102,
Rolling Meadows, IL 60008
Chairman Szabo swore in David Meek, Becker & Gurian, Attorney for the Petitioner; Chris Iddings, First
Student; Tim McCahill, Transport Properties, LLC; Katherine Talty, Talty Landscape Architects; Luay
Aboona, KLOA; Randi Willie, Lafarge Fox River Decorative Stone; and Yulyia Kravesov, Meyer Material.
Mr. Meek provided an overview of the Petitioner’s request. The owner, Transport Properties, LLC, has
secured a tenant for the property, First Student. Petitioner wishes to remove all structures on site with
the exception of the existing main building for office space and fill the remainder of the lot with buses.
Mr. Iddings provided an overview of First Student operations, which operates school buses for various
School Districts. Approximately 150 school buses will be on site and 15-20 buses leave in a 15 minute
window during their peak hours with minimal idling.
Chairman Szabo asked if the Board had any questions.
Member Veremis asked if First Student took into account the train traffic in the area. Mr. Meek stated
that they did consider the trains and that there are six trains per day on Wolf.
Chairman Szabo asked if the buses were diesel; what do they do in extreme cold weather. Mr. Iddings
stated that the buses are started throughout the night in cold weather; due to Covid, schools call days off
earlier and students are able to work from home.
Ms. Talty reviewed the landscaping plans for the site.
Mr. Meek reviewed the traffic study and traffic impacts. Buses are located 200 feet from the nearest
homes and the majority of homes are significantly more.
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Member Saletnik stated that the traffic study is the most important item in this request; trains can have
100 cars; tracks can be blocked for 10 minutes or more. Mr. Aboona stated that Wolf Road peaks from
7:30AM-8:30AM and the buses are driven during off-peak hours.
Member Saletnik stated that this will have a major traffic impact in the area; he questions the traffic report
and believes that 890 trucks entering and departing the concrete plant number is a gross exaggeration;
he’s concerned about school bell times; these are key points in whether the Conditional Use should be
approved.
Member Catalano asked for verification on the Capacity Analysis Results. Mr. Aboona explained the peak
hour traffic and their direction.
Chairman Szabo asked if there were any questions or comments from the audience.
Ms. Cheryl Pratt, 681 Kenilworth, Des Plaines, stated that she is a 29 year resident; there’s graffiti
everywhere on the site currently; this area is not safe for kids; there will be a noise problem. Mr. Meek
stated that the Conditional Use will clean up the property and the area will be fenced to control noise.
Ms. Linda Garner, 661 Kenilworth, Des Plaines, stated that the Petitioner is not following the landscaping
rules; back-up noise from buses is unbearable; diesel fumes are not safe; this will affect their property
values; concerned about the hours of operation. Ms. Talty reviewed the heights of trees, which are fast
growing and will reach heights of 50 feet to block noise and views of the property. Mr. McCahill stated
that as the owner, they are going above and beyond to make the neighbors happy.
Member Saletnik again reiterated his doubts regarding the Traffic Study; bell times should be provided to
the City Council before they approve; he again questions the Study’s statement that the concrete plant
had 600 daily concrete mixer trucks (300 in and 300 out).
Mr. Randi Willie, 1300 S. IL Route 31, Elgin, stated that he formally worked for Meyer Material; the traffic
count probably included more than trucks and included cars of employees.
Ms. Kravesov applauds Transport Properties, LLC use of the property and what they are trying to do; this
is a good option for the community; they have looked for a buyer for years.
Chairman Szabo asked that the Staff Report be entered into the record. Planner Stytz provided a
summary of the following report:
Issue: The petitioner is requesting the following items: (i) a Conditional Use as required by Section 12-7-
3(K) of the Zoning Ordinance to allow a livery service in the M-2 zoning district; (ii) Major Variations from
Section 12-10-8(A) to provide relief from the interior parking lot landscaping requirements; (iii) a Major
Variation from Section 12-10-8(B) to provide relief from the perimeter parking lot landscaping
requirements; (iv) a Major Variation from Section 12-10-10 to provide relief from the foundation
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landscaping requirements; and (v) a Major Variation from Section 12-10-9 to provide relief from the
landscape buffer requirements
Address: 580 S. Wolf Road
Petitioner: Transport Properties, LLC, 980 N. Michigan Avenue, Suite 1280, Chicago,
IL 60611
Owner: Chicago Title Land Trust Company, as Trustee of the Chicago Land Trust
Company Trust #53278
Case Number: 21-044-CU-V
Real Estate Index #: 09-18-400-006-0000
Ward: #4, Alderman Artur Zadrozny
Existing Zoning: M-2, General Manufacturing District
Existing Land Use: Vacant; was last Meyer Material former concrete batch plant
Surrounding Zoning: North: M-2, General Manufacturing District
South: R-1, Single Family Residential District
East: R-1, Single Family Residential District / M-2, General
Manufacturing
West: R-1, Single Family Residential District
Surrounding Land Use: North: ComEd (Utilities) / Industrial Building
South: Single Family Residences (Residential)
East: Industrial Building / Single Family Residences (Residential)
West: Railroad; Single Family Residences (Residential)
Street Classification: Wolf Road is classified as a minor arterial.
Comprehensive Plan: The Comprehensive Plan illustrates this site as industrial.
Issue: The petitioner is requesting variations (major and minor) from the Zoning Ordinance to allow a
parking pad and to reduce the minimum side yard at 2071 Pine Street.
Project Description: __ The petitioner, Transport Properties, LLC, has requested a Conditional
Use for a Livery Service Use and several variations for landscaping and
screening at 580 S. Wolf Road. The 8.5-acre subject property is situated
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in between two separate railroads to its west and south, and is within the
M-2 General Manufacturing district, where a Livery Service is a
conditional use. The Plat of Survey (Attachment 4) shows a main building
on the northeast side of the lot and multiple other structures throughout
the remainder of the site, most notably a concrete production tower
(“batch plant”). These are surrounded by paved, semi-paved, and gravel
areas. Access to the subject property is available off Wolf Road only. At
one time, there was a southern access road utilized off Thacker Street.
However, this access point would be closed off and not be utilized for this
use.
The petitioner wishes to remove all structures on site with the exception
of the existing main building: a one-story warehouse building with the
two-story attached office space located on the northeast corner of the
site and fill the remainder of the lot with 16 passenger vehicle and 236
bus parking spaces as noted in the Site Plan Exhibit (Attachment 5). The
petitioner wishes to utilize the existing 24,690-square-foot, one-story
warehouse portion of the building for bus maintenance and storage, and
use the two-story office portion (6,430-square foot first level and 2,433-
square foot second level) of the building for all office activities. The
proposal does not include changes to the exterior of the building, as the
petitioner is interested in utilizing the existing doors, windows, building
materials, and finishes as indicated in the Building Plans (Attachment 6).
The petitioner’s proposal also includes site improvements such as the
addition of a new paved and striped parking area, landscaping along the
perimeter of the parking lot area, new interior parking lot landscape
beds, new turf areas, a 5,000-gallon fuel tank, and proposed screening
with an eight-foot-tall fence around the entire site as shown on the Site
Plan Exhibit (Attachment 5). Staff has added a condition that the
dumpster shall be stored inside the building except during trash pickup
days.
The proposed floor plan includes a 5,570-square-foot first-floor office
area, 2,212-square-foot second floor office area, an 8,407-square-foot
service bay area, and a 15,568-square-foot bus equipment and storage
area, totaling 27,123 square feet. Note that the floor area calculation
excludes bathrooms, mechanical rooms, hallways, stairwells, and storage
areas up to ten percent of the entire combined floor area. The Livery
Service use follows the off-street parking regulations for offices to
accommodate employee, guest, and livery service related vehicle
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parking. Pursuant to Section 12-9-7 of the Zoning Ordinance, one parking
space is required for every 250 square feet of gross floor area. A total of
109 off-street parking spaces are required, including five handicap
accessible parking spaces. The Site Plan Exhibit (Attachment 5) provides
16 personal vehicle spaces, including one handicap parking space, and
236 bus parking spaces totaling 252 total spaces. However, the site plan
does not designate all five required accessible parking spaces. Staff has
added a condition that the petitioner’s site plan submitted at the time of
building permitting contain all required accessible parking with the
required striping and dimensions.
The initial tenant for the livery service, First Student, anticipates having
approximately 150 school buses parked on the subject property with an
additional 10-15 buses typically in service for maintenance or repair.
Roughly 20-25 office, dispatch, and maintenance employees will be on
the subject property during a.m. and p.m. shifts. For the a.m. shift,
maintenance employees arrive starting at 5 a.m., and shift bus drivers will
arrive starting at 6:15 a.m. for 6:30 a.m. departures. Bus service during
the morning shift will be staggered starting at 6 a.m. and ending around
9:30 am. The shift cross-over is between 11 and 12 a.m. For the p.m. shift,
bus service shift will be staggered starting at 1 p.m. with buses returning
by 5:30 pm. Afternoon shift workers will leave at 5:30 pm. A majority of
the bus operations will occur during the regular school year from mid-
August through early June. However, roughly 20-25 buses will be utilized
during the summer months for the summer school season. See the
Project Narrative (Attachment 1) for more details.
The petitioner submitted a traffic study by KLOA, Inc. to assess the
anticipated impact of the new livery service on the subject property and
surrounding infrastructure. The traffic study concludes that the
anticipated traffic volumes of this use would be primarily generated
outside of peak hours of adjacent roadway traffic on Wolf road and would
generate less overall traffic than the previous concrete batch plant did.
There were no concerns that the existing access system is sufficient to
handle the proposed livery service. However, it was noted that
“additional evaluation” should occur regarding the at-grade railroad
crossing on Wolf Road, just south of the entrance to the subject property
(in other words, there is some concern about bus queueing and backup
around the tracks). It was suggested that bus routing and/or departure
time could be adjusted to limit the number of buses utilizing the railroad
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crossing on Wolf Road—meaning that buses could be routed mostly to
the north (left) when leaving the property and would return from the
same direction, generally avoiding the tracks. Consider, however, that
this would add to traffic that would likely come to the Golf-Wolf
intersection approximately a half-mile to the north.
Whether buses are required to come to a complete stop each and every
time they cross the tracks is a question the petitioner should be prepared
to address. The PZB should evaluate during the public hearing and may
consider an additional condition that a routing plan should be added to
the submittal prior to consideration of the City Council.
Regarding sound impacts, consider the proposed user (First Student) will
consist of many school vehicles that have an audible backing sound/beep.
The petitioner writes in the Project Narrative that upon returning to the
facility each night, vehicles would be backed in, causing the concentration
of the sound to occur in mid-to-late afternoons instead of early in the
morning. In addition, like all vehicles, there is sound from engine start-
up. Transport Properties would discourage First Student from idling,
except when required for vehicle maintenance. See Attachment 1 for
more details.
Major Variations
Project Description: __ The petitioner is also requesting several variations with the conditional
use request regarding landscape requirements. The original request
included a variation to reduce the required number of off-street parking
spaces on the subject property from 31 to sixteen. However, as stated
above and noted in the Livery Service definition in Section 12-13-3 of the
Zoning Ordinance, the livery service use shall follow the parking
regulation for offices to accommodate employee, guest, and livery
service related vehicle parking. This allows the proposed bus parking
spaces to be factored into the total off-street parking space calculation,
negating the need for a variation. However, it is important to note that
the Site Plan Exhibit (Attachment 5) will still need to be revised to provide
the five required mobility impaired parking spaces pursuant to Section
12-9-8(A) of the Zoning Ordinance.
The petitioner has also requested several variations pertaining to
landscape requirements as summarized in the table below. Due to the
nature of the use, the requested variations for relief from interior parking
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lot landscaping requirements—specifically quantity of trees and location
of landscape areas—could be warranted based on design, as the request
does intend to provide a substantial amount of landscaping throughout
the site where there is currently none. Conversely, perimeter parking lot
landscaping, landscape buffering, and foundation landscaping are
paramount to bringing the existing property closer to conformance with
the Zoning Ordinance and are arguably achievable given the layout of the
subject property, the existing building, and the property’s close proximity
to single-family development on three of its four sides. Discussion of the
variation standards are addressed by the petitioner in the Responses to
Standards (Attachment 2).
Request Requirement Proposal
Interior Parking Lot
Landscaping –
Quantity of Trees
161
125
Interior Parking Lot
Landscaping –
Location of
Landscaped Areas
Located every 30
parking spaces and at
the end of all parking
rows.
Landscape area after
34 spaces and no
areas at the end of
two parking rows.
Perimeter Parking
Lot Landscaping – #
of Trees
7
4
Foundation
Landscaping
Min. 3’ wide
landscape bed
covering 25% of
building’s foundation
Existing Foundation
Landscaping Without
Additions
Landscape Buffers
(i.e., screening)
8’ Solid wood, vinyl,
or masonry fence
along 100% of yard
length
6’ solid wood fence
along Wolf Road and
6’ chain link for rest of
site.
Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3-
4(E) of the Zoning Ordinance. The petitioner provided responses to standards, which the PZB should read
and evaluate, deciding whether or not to adopt as findings. Holistically, staff views this potential use as
one that is not free from neighbor impacts, particularly around traffic and sound. However, the impacts
may be more preferable than a concrete-production user (e.g. smell, sound) or a large vacant site (e.g. fly
dumping, property maintenance, eyesore/aesthetics, drag on property values). If approved, this project
would return a vacant site to productive use. Stormwater management requirements would necessitate
the installation of on-site detention (currently planned to be installed underground), which would
improve drainage. The site is constrained from redevelopment with, for example, a modern industrial user
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because the overhead power lines limit building height (floor-to-ceiling), which is a crucial consideration
in industrial site selection.
1. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning
district involved:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
2. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive
Plan:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
3. The proposed Conditional Use is designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
5. The proposed Conditional Use is to be served adequately by essential public facilities and
services, such as highways, streets, police and fire protection, drainage structures, refuse
disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional
Use shall provide adequately any such services:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
6. The proposed Conditional Use does not create excessive additional requirements at public
expense for public facilities and services and will not be detrimental to the economic well-being
of the entire community:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
7. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property, or the general
welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
8. The proposed Conditional Use provides vehicular access to the property designed so that it does
not create an interference with traffic on surrounding public thoroughfares:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
9. The proposed Conditional Use does not result in the destruction, loss, or damage of natural,
scenic, or historic features of major importance:
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Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
10. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance
specific to the Conditional Use requested:
Comment: Please see the petitioner’s responses to Standards for Conditional Uses.
Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H) of the
Zoning Ordinance. The petitioner provided responses to standards, which the PZB should read and
evaluate, deciding whether or not to adopt as findings.
1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall
establish that carrying out the strict letter of the provisions of this title would create a particular
hardship or a practical difficulty.
Comment: Please see the responses to standards from the Petitioner.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to
the same provision by reason of a unique physical condition, including presence of an existing
use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape
or size; exceptional topographical features; or other extraordinary physical conditions peculiar
to and inherent in the subject lot that amount to more than a mere inconvenience to the owner
and that relate to or arise out of the lot rather than the personal situation of the current owner
of the lot.
Comment: Please see the responses to standards from the Petitioner.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or
inaction of the owner or its predecessors in title and existed at the time of the enactment of the
provisions from which a variance is sought or was created by natural forces or was the result of
governmental action, other than the adoption of this title.
Comment: Please see the responses to standards from the Petitioner.
4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a
variance is sought would deprive the owner of the subject lot of substantial rights commonly
enjoyed by owners of other lots subject to the same provision.
Comment: Please see the responses to standards from the Petitioner.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of
the owner or occupant to enjoy some special privilege or additional right not available to
owners or occupants of other lots subject to the same provision, nor merely the inability of the
owner to make more money from the use of the subject lot.
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Comment: Please see the responses to standards from the Petitioner.
6. Title And Plan Purposes: The variation would not result in a use or development of the subject
lot that would be not in harmony with the general and specific purposes for which this title and
the provision from which a variation is sought were enacted or the general purpose and intent
of the comprehensive plan.
Comment: Please see the responses to standards from the Petitioner.
7. No Other Remedy: There is no means other than the requested variation by which the alleged
hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable
use of the subject lot.
Comment: Please see the responses to standards from the Petitioner.
8. Minimum Required: The requested variation is the minimum measure of relief necessary to
alleviate the alleged hardship or difficulty presented by the strict application of this title.
Comment: Please see the responses to standards from the Petitioner.
PZB Procedure and Recommended Conditions: Under Section 12-3-4(D) (Procedure for Review and
Decision for Conditional Uses) and Section 12-3-6(G) (Standards for Review for Major Variations) of the
Zoning Ordinance, the PZB has the authority to recommend that the City Council approve, approve subject
to conditions, or deny the above-mentioned conditional use and variations for a Livery Service Use at 580
S. Wolf Road. City Council has final authority on the proposal.
Consideration of the request should be based on a review of the information presented by the applicant
and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) and
Section 12-3-6(H) (Standards for Variations) of the Zoning Ordinance. If the PZB recommends and City
Council ultimately approves the request, staff recommends the following conditions.
Conditions of Approval:
1. That a public sidewalk is installed across the subject property’s frontage along Wolf Road to the
applicable specifications of the Des Plaines Municipal Code and additional governmental agency
regulations as necessary.
2. The dumpster shall be stored inside the building except during trash pickup days. If a future trash
enclosure is pursued, a building permit with plans for the dumpster enclosure in compliance with
Section 12-10-11 of the Zoning Ordinance shall be submitted to staff.
3. The Site Plan shall be revised to contain all required accessible parking spaces with the required
striping and dimensions and resubmitted at the time of building permitting.
4. A Photometric Plan in compliance with Section 12-12-10 of the Zoning Ordinance shall be
submitted to staff at time of building permit.
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5.The use shall be monitored regularly for compliance with the Environmental Performance
Standards in Chapter 12 of the Zoning Ordinance, particularly regarding sound/noise. Sufficient
documentation regarding the proposed fuel tank shall be submitted with the application for a
building permit to suffice for a Fire and life safety approval, pursuant to Sections 12-12-3 and 12-
12-4.
Acting Chairman Saletnik asked if there were any questions or comments from the audience. There were
no comments.
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend
approval of 580 S. Wolf Road requesting a Conditional Use from Section 12-7-3(K) of the Des Plaines
Zoning Ordinance, as amended, to allow a livery service in the M-2 zoning district. Member Catalano
added the following two conditions, each of which is stated in the conclusions of the traffic report
submitted by the applicant. These were added to the five conditions recommended by staff:
6.Evaluate the travel paths of the school buses to determine if there are any opportunities to
reroute them and minimize the number of buses that will travel to/from the south on Wolf
Road and cross the railroad tracks; and
7.Monitor the operations of the facility annually after opening. This would include keeping track
of bus departure times and routes of travel throughout the morning period. This should be
utilized to determine if any adjustment to the routing and times of departure will be necessary.
AYES: Hofherr, Catalano, Veremis, Saletnik
NAYES: Saletnik
ABSTAIN: None
***MOTION CARRIED ***
A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to recommend
approval of 580 S. Wolf Road requesting the following items: Major Variations from Section 12-10-8(A)
to provide relief from the interior parking lot landscaping requirements; a Major Variation from Section
12-10-8(B) to provide relief from the perimeter parking lot landscaping requirements; a Major Variation
from Section 12-10-9 to provide relief from the landscape buffer requirements; and a Major Variation
from Section 12-10-10 to provide relief from the foundation landscaping requirements.
AYES: Hofherr, Catalano, Veremis, Saletnik
NAYES: Saletnik
ABSTAIN: None
***MOTION CARRIED ***
Attachment 9 Page 76 of 95
CITY OF DES PLAINES
ORDINANCE Z - 56 - 21
AN ORDINANCE GRANTING A CONDITIONAL USE
PERMIT AND MAJOR VARIATIONS FOR THE
OPERATIONS OF A LIVERY SERVICE USE AND MAJOR
VARIATIONS AT 580 S. WOLF ROAD, DES PLAINES,
ILLINOIS. ____________________________________
WHEREAS, Transport Properties, LLC (“Petitioner”) is the contract purchaser of the
property commonly known as 580 S. Wolf Road, Des Plaines, Illinois (“Subject Property”); and
WHEREAS, the Subject Property is located in the M-2 General Manufacturing District of
the City ("M-2 District"); and
WHEREAS, the Subject Property is currently improved with a one-story single-tenant
warehouse building and attached a two-story office building (“Building”) and multiple accessory
structures; and
WHEREAS, the Petitioner desires to demolish all of the structures on the Subject Property
except the Building and operate a school bus depot on the Subject Property (“Proposed Use”); and
WHEREAS, the Proposed Use is classified as a livery service use pursuant to Section 12-
13-3 of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance");
and
WHEREAS, pursuant to Section 12-7-3.K of the Zoning Ordinance, the operation of a
livery service use is permitted in the M-2 District only with a conditional use permit; and
WHEREAS, Section 12-10-8(A) of the Zoning Ordinance requires that at least five
percent of the interior of a parking lot be devoted to landscaping, that interior landscaping areas
must be located at the end of every parking row and after each 30 spaces within a row, and that
such landscaping must include one shade tree for every 100 square feet of landscaping area; and
WHEREAS, Section 12-10-8(B) of the Zoning Ordinance requires perimeter landscaping
to be established along the end of a parking lot within a required yard or within 20 feet of a lot
line, including one tree for every 40 feet of such landscaping; and
WHEREAS, Section 12-10-10 of the Zoning Ordinance requires foundation landscaping
around 25 percent of the Building; and
WHEREAS, Section 12-10-9 of the Zoning Ordinance requires the installation of an eight-
foot solid wood, vinyl, or masonry fence along the entire length of yards abutting a residential
district; and
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WHEREAS, the Petitioner submitted an application to the City of Des Plaines Department
of Community and Economic Development (“Department”) for a conditional use permit to allow
a livery service use on the Subject Property ("Conditional Use Permit"), in accordance with
Sections 12-7-3.F.3 and 12-7-3.K of the Zoning Ordinance; and
WHEREAS, the Applicant also applied for the following major variations from the Zoning
Ordinance: (i) a variation from Section 12-10-8(A) of the Zoning Ordinance to reduce the required
number of interior landscape area trees from 161 to 125; (ii) a variation from Section 12-10-8(A) of
the Zoning Ordinance to eliminate the required interior landscape beds at the north ends of the two
sets of bus parking rows nearest the south end of the Building; (iii) a variation from Section 12-10-
8(A) to allow an interior landscape bed to bisect the westernmost row of bus parking such that 34
spaces are located to the south and 27 parking spaces are located to the north when interior
landscaping areas are required every 30 parking spaces; (iv) a variation from Section 12-10-8(B) of
the Zoning Ordinance to reduce the required number of perimeter landscape area trees from seven
to four; (v) a variation from Section 12-10-10 of the Zoning Ordinance to eliminate the required
foundation landscaping around the existing north building and utilize the existing landscaping on
site; and (vi) a variation from Section 12-10-9 of the Zoning Ordinance to allow the installation of
security fencing around the parking area consisting of a six-foot-tall solid wood fence along the Wolf
Road frontage, and a six-foot-tall chain link fence along the south, west, and north perimeter property
lines (collectively, the "Variations") (collectively, the Conditional Use Permit and the Variations
are the “Requested Approvals”); and
WHEREAS, the Subject Property is owned by Chicago Title Land Trust Company, as
Trustee under a Trust Agreement dated July 17, 1968, known as Trust Number 53278 ("Owner"),
which has consented to the Petitioner's application; and
WHEREAS, the Petitioner's application was referred by the Department to the Planning
and Zoning Board of the City of Des Plaines ("PZB") within 15 days after the receipt thereof; and
WHEREAS, within 90 days from the date of the Petitioner's application a public hearing
was held by the PZB on October 26, 2021 pursuant to notice published in the Des Plaines Journal
on October 6, 2021; and
WHEREAS, notice of the public hearing was mailed to all property owners within 300
feet of the Subject Property; and
WHEREAS, during the public hearing, the PZB heard testimony and received evidence
with respect to how the Petitioner intended to satisfy and comply with the applicable provisions of
the Zoning Ordinance; and
WHEREAS, pursuant to Section 12-3-4 of the Zoning Ordinance, the PZB filed a written
report with the City Council on October 28, 2021, summarizing the testimony and evidence
received by the PZB and stating the Board's recommendation, by a vote of 5-1, to approve the
Petitioner's application for the Requested Approvals subject to certain terms and conditions; and
WHEREAS, the Petitioner made certain representations to the PZB with respect to the
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Requested Approvals, which representations are hereby found by the City Council to be material
and upon which the City Council relies in granting this request for the Requested Approvals; and
WHEREAS, the City Council has considered the written report of the PZB, the applicable
standards for Requested Approvals set forth in the Zoning Ordinance, and the Community and
Economic Development Staff Memorandum dated October 14, 2021, including the attachments
and exhibits thereto, and has determined that it is in the best interest of the City and the public to
grant the Petitioner's application in accordance with the provisions of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof, the same constituting the factual basis for this Ordinance.
SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject
Property is legally described as follows:
A PART OF THE SOUTHEAST ¼ OF SECTION 18, TOWNSHIP 41 NORTH,
RANGE 12, EAST OF THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF WOLF ROAD AS
SAME IS NOW LOCATED AND ESTABLISHED WHICH POINT IS 909 FEET
SOUTHEASTERLY AS MEASURED ALONG THE WESTERLY LINE OF
SAID WOLF ROAD FROM ITS INTERSECTION WITH THE NORTH LINE
OF THE SOUTHEAST ¼ OF SECTION 18, SAID POINT BEING ALSO THE
SOUTHEAST CORNER OF PARCEL OF LAND CONVEYED TO HANNIFIN
CORPORATION BY CHICAGO AND NORTHWESTERN RAILROAD
COMPANY BY DEED DATED OCTOBER 23, 1951; THENCE
SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID WOLF
ROAD 306.36 FEET TO A POINT 50 DISTANCE NORTHWESTERLY
MEASURED RADIALLY FROM CENTER LINE OF WESTERLY MAIN
TRACK OF PROVISO TECHNY LINE OF THE CHICAGO AND
NORTHWESTERN RAILWAY AS SAID MAIN TRACK IS NOW LOCATED
AND ESTABLISHED; THENCE SOUTHWESTERLY PARALLEL WITH SAID
CENTER LINE A DISTANCE OF 907.26 FEET TO A POINT IN THE CENTER
LINE OF PRAIRIE AVENUE EXTENDED WESTERLY IN CITY OF DES
PLAINES; THENCE WESTERNLY ALONG SAID EXTENDED CENTER
LINE OF SAID PRAIRIE AVENUE 91.30 FEET TO A POINT, A DISTANCE
OF 8.5 FEET AT RIGHT ANGLES EASTERLY FROM CENTER LINE OF
MOST EASTERLY OF TWO SIDE TRACKS WHICH PARALLEL THE TWO
WEST (WYE) TRACKS OF THE CHICAGO AND NORTHWESTERN
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RAILWAY; THENCE NORTHERLY PARALLEL WITH THE CENTER LINE
OF SAID SIDE TRACK AND SAME EXTENDED NORTHERLY 1066.30 FEET
TO A POINT ON THE SOUTHERLY LINE EXTENDED WESTERLY OF
LAND CONVEYED TO HANNIFIN CORPORATION BY DEED DATED
OCTOBER 23, 1951; THENCE EASTERLY ALONG SAID WESTERLY
EXTENSION AND ALONG SAID SOUTHERLY LINE OF THE LAND SO
CONVEYED BY DEED TO HANNIFIN CORPORATION DATED OCTOBER
23, 1951 435 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
PIN: 09-18-400-006-0000
Commonly known as: 580 S. Wolf Road, Des Plaines, Illinois.
SECTION 3. VARIATIONS. The City Council finds that the Variations satisfy the
standards set forth in Section 12-3-6.H of the Zoning Ordinance and, pursuant to the City's home
rule powers, finds that the Variations are otherwise necessary and appropriate. Subject to and
contingent upon the conditions, restrictions, limitations and provisions set forth in Section 5 of this
Ordinance, the City Council hereby grants the Variations for the Subject Property to the Petitioner.
SECTION 4. CONDITIONAL USE PERMIT. Subject to and contingent upon the
conditions, restrictions, limitations and provisions set forth in Section 5 of this Ordinance, the City
Council grants the Petitioner a Conditional Use Permit to allow the operation of livery service use
on the Subject Property. The Conditional Use Permit granted by this Ordinance is consistent with
and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code,
65 ILCS 5/11-13-25.
SECTION 5. CONDITIONS. The Variations granted in Section 2 and the Conditional
Use Permit granted in Section 3 of this Ordinance shall be, and are hereby, expressly subject to
and contingent upon the following conditions, restrictions, limitations, and provisions:
A. Compliance with Law and Regulations. The development, use, operation, and
maintenance of the Subject Property by the Petitioner must comply with all applicable City codes
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and ordinances, as the same have been or may be amended from time to time, except to the extent
specifically provided otherwise in this Ordinance.
B. Compliance with Plans. Except for minor changes and site work approved by the
City Director of Community and Economic Development in accordance with all applicable City
standards, the development, use, operation, and maintenance of the Subject Property by the
Petitioner must comply with the following plans as may be amended to comply with Section 5.C
of this Ordinance:
1. That certain "Project Narrative” prepared by the Petitioner, consisting of
four sheets, and dated September 30, 2021, a copy of which is attached to
and by this reference made a part of this Ordinance as Exhibit A; and
2. That certain “Site Plan Exhibit” prepared by SpaceCo, Inc., consisting of
one sheet and with a latest revision date of October 12, 2021, a copy of
which attached to and by this reference made a part of, this Ordinance as
Exhibit B (“Site Plan”); and
3. That certain “Building Plans” prepared by Lee Companies, consisting of
one sheet dated September 24, 2021 with a latest revision date of October
11, 2021, a copy of which is attached to and by this reference made a part
of, this Ordinance as Exhibit C; and
4. That certain “Preliminary Landscape Plan” prepared by Kathryn Talty
Landscape Architecture, consisting of two sheets, with a latest revision date
of October 8, 2021, a copy of which attached to and by this reference made
a part of, this Ordinance as Exhibit D.
C. Additional Conditions. The development, use, and maintenance of the Subject
Property and the operation of the Proposed Use shall be subject to and contingent upon the
following conditions:
1. A public sidewalk must be installed across the Subject Property’s frontage
along Wolf Road in accordance with the applicable specifications of the Des
Plaines Municipal Code and additional governmental agency regulations as
necessary.
2. The dumpster shall be stored inside the Building except during trash pickup
days. If a future trash enclosure is pursued, a building permit must be
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obtained from the City. The building permit application must be
accompanied by plans for the dumpster enclosure that comport with Section
12-10-11 of the Zoning Ordinance.
3. The Site Plan must be revised to contain all required accessible parking
spaces with the required striping and dimensions and resubmitted with the
building permit application.
4. A photometric plan that comports with Section 12-12-10 of the Zoning
Ordinance must be submitted to City with the building permit application.
5. The Petitioner shall monitor the Proposed Use regularly for compliance
with the Environmental Performance Standards in Chapter 12 of the Zoning
Ordinance, including, without limitation, the sound and noise regulations
and standards. Documentation regarding the proposed fuel tank must be
submitted with the application for a building permit with sufficient
information, as determined by the City, to obtain Fire and life safety
approval, pursuant to Sections 12-12-3 and 12-12-4.
6. The Petitioner shall evaluate the travel paths of the school buses to
determine if there are any opportunities to reroute them and minimize the
number of buses that will travel to/from the south on Wolf Road and cross
the railroad tracks.
7. The Petitioner shall monitor the Proposed Use annually to determine if any
adjustments to the routing and times of departure of the buses will be
necessary.
SECTION 6. RECORDATION; BINDING EFFECT. A copy of this Ordinance must
be recorded in the Office of the Cook County Recorder of Deeds. This Ordinance and the
privileges, obligations, and provisions contained herein run with the Subject Property and inure to
the benefit of, and are binding upon, the Petitioner and Owner and their respective personal
representatives, successors, and assigns, including, without limitation, subsequent purchasers of
the Subject Property.
SECTION 7. NONCOMPLIANCE.
A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined
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not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00)
for each offense. Each and every day that a violation of this Ordinance is allowed to remain in
effect shall constitute a complete and separate offense. In addition, the appropriate authorities of
the City may take such other action as they deem proper to enforce the terms and conditions of
this Ordinance, including, without limitation, an action in equity to compel compliance with its
terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in
addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees.
B. In the event that the Petitioner or Owner fails to develop or maintain the Subject
Property in accordance with the plans submitted, the requirements of the Zoning Ordinance, or the
conditions set forth in Section 5 of this Ordinance, the Requested Approvals granted in Sections 3
and 4 of this Ordinance may be revoked after notice and hearing before the Zoning Administrator
of the City, all in accordance with the procedures set forth in Section 12-4-7 of the Zoning
Ordinance. In the event of revocation, the development and use of the Subject Property will be
governed solely by the regulations of the M-2 District. Further, in the event of such revocation of
the Requested Approvals, the City Manager and City's General Counsel are hereby authorized and
directed to bring such zoning enforcement action as may be appropriate under the circumstances.
The Petitioner and Owner acknowledge that public notices and hearings have been held with
respect to the adoption of this Ordinance, have considered the possibility of the revocation
provided for in this Section, and agree not to challenge any such revocation on the grounds of any
procedural infirmity or any denial of any procedural right, provided that the notice and hearing
required by Section 12-4-7 of the Zoning Ordinance is provided to the Petitioner and Owner.
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SECTION 8. EFFECTIVE DATE.
A. This Ordinance shall be in full force and effect only after the occurrence of the
following events:
1. its passage and approval by the City Council in the manner provided by law;
2. its publication in pamphlet form in the manner provided by law;
3. the filing with the City Clerk by the Petitioner and the Owner, not less than
60 days after the passage and approval of this Ordinance, of an
unconditional agreement and consent to accept and abide by each and all of
the terms, conditions, and limitations set forth in this Ordinance, and
demonstrating the Petitioner's and Owner’s consent to its recordation. Said
unconditional agreement and consent shall be in substantially the form
attached to, and by this reference made a part of, this Ordinance as Exhibit
E; and
4. at the Petitioner's sole cost and expense, the recordation of this Ordinance
together with such exhibits as the City Clerk deems appropriate, with the
Office of the Cook County Recorder.
B. In the event that the Petitioner and the Owner do not file with the City Clerk a fully
executed copy of the unconditional agreement and consent referenced in Section 8.A.3 of this
Ordinance, within 60 days after the date of passage of this Ordinance by the City Council, the City
Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of
no force or effect.
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SECTION 9. SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
PASSED this _____day of ____________, 2021.
APPROVED this _____ day of ____________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT ______
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
______ day of ________________, 2021.
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Approving a Conditional Use Permit (CUP) and Major Variations at 580 S. Wolf Road for a Livery Service Use
Page 85 of 95
Exhibit A Page 86 of 95
Exhibit A Page 87 of 95
Exhibit A Page 88 of 95
Variations Requested
580 S. Wolf Road
Applicant: Transport Properties LLC
1.Off-Street Parking Spaces.The Applicant requests a variation from the provisions of
Section 12-9-7 to permit 16 on site off-street automobile parking spaces, where are 31 are
required for a 7,555 gross square foot existing office building. STAFF NOTE: Not required.
2.Parking Lot Landscaping – Quantity of Trees. The Applicant requests a variation from the
provisions of Section 12-10-8.A.2 to allow 125 interior trees, where 161 are required, of which
85 are shade trees.
3.Parking Lot Landscaping – Location of Landscaped Areas. The Applicant requests a
variation from the provisions of Section 12-10-8.A.2 which requires that landscape areas shall be
located at the end of every parking row and after every 30 spaces within a row. The Applicant
requests relief to allow for the landscape area to bisect the westernmost row of bus parking
stalls such that 34 parking spaces are located to the south and 27 to the north of the landscape
island. The Applicant also requests relief to eliminate landscape areas at the north ends of the
two sets of bus parking rows nearest the south end of the existing office building.
4.Perimeter Parking Lot Landscaping. The Applicant requests a variation from the provisions
of Section 12-10-8.B.3 to 4 perimeter shade trees, where 7 are required, and to allow the size
and dimension of the perimeter parking lot landscape area adjacent to Wolf Road, as indicated
on Applicant’s landscape plan.
5.Foundation Landscaping. The Applicant requests a variation from the provisions of
Section 12-10-10 to provide the foundation landscaping around the existing building, as
indicated on Applicant’s landscape plan, to legalize the non-conformity of the existing building
foundation landscaping.
6.Fence Screening. The Applicant requests a variation from the provisions of Article 12,
Section 10 to allow for the installation of security fencing around the parking area, consisting of
a 6’ solid wood fence along the Wolf Road frontage and a 6’ chain link fence along the south,
west and north perimeter property lines.
7.Other. The Applicant requests approval of such other variations as may be necessary to
accomplish the redevelopment and use of 580 S. Wolf Road in accordance with the Applicant’s
plans as a livery service facility for school bus dispatch office and maintenance within an existing
building, and school bus parking and storage.
Exhibit A Page 89 of 95
Exhibit B Page 90 of 95
Exhibit C Page 91 of 95
Exhibit D Page 92 of 95
Exhibit D Page 93 of 95
EXHIBIT E
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The City of Des Plaines, Illinois ("City"):
WHEREAS, Transport Properties, LLC (“Petitioner”) applied to the City of Des Plaines
for a conditional use permit ("Conditional Use Permit") and major variations (“Variations”) in
order to operate a livery service use on that certain property commonly known as 580 S. Wolf
Road, Des Plaines, Illinois ("Subject Property"); and
WHEREAS, the Subject Property is owned by Chicago Title Land Trust Company, as
Trustee under Trust Agreement dated July 17, 1968, Trust Number 53278 ("Owner"), which has
consented to the Petitioner's application; and
WHEREAS, Ordinance No. Z-56-21 adopted by the City Council of the City of Des
Plaines on _____________, 2021 ("Ordinance"), grants approval of the Conditional Use Permit
and Variations, subject to certain conditions; and
WHEREAS, the Petitioner and the Owner each desires to evidence to the City its
unconditional agreement and consent to accept and abide by each of the terms, conditions, and
limitations set forth in said Ordinance, and its consent to recording the Ordinance and this
Unconditional Agreement and Consent against the Subject Property;
NOW, THEREFORE, the Petitioner and the Owner do hereby agree and covenant as
follows:
1. Petitioner and Owner hereby unconditionally agree to accept, consent to and abide
by all of the terms, conditions, restrictions, and provisions of that certain Ordinance
No. Z-56-21, adopted by the City Council on ______________, 2021.
2.Petitioner and Owner acknowledge and agree that the City is not and shall not be,
in any way, liable for any damages or injuries that may be sustained as a result of
the City's review and approval of any plans for the Subject Property, or the issuance
of any permits for the use and development of the Subject Property, and that the
City's review and approval of any such plans and issuance of any such permits does
not, and shall not, in any way, be deemed to insure Petitioner or Owner against
damage or injury of any kind and at any time.
3.Petitioner and Owner acknowledge that the public notices and hearings have been
properly given and held with respect to the adoption of the Ordinance, have
considered the possibility of the revocation provided for in the Ordinance, and agree
not to challenge any such revocation on the grounds of any procedural infirmity or
any denial of any procedural right, provided that the procedures required by Section
12-4-7 of the City's Zoning Ordinance are followed.
Exhibit E Page 94 of 95
4.Petitioner agrees to and do hereby hold harmless and indemnify the City, the City's
corporate authorities, and all City elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all claims that may,
at any time, be asserted against any of such parties in connection with (a) the City's
review and approval of any plans and issuance of any permits, (b) the procedures
followed in connection with the adoption of the Ordinance, (c) the development,
construction, maintenance, and use of the Subject Property, and (d) the performance
by Petitioner of its obligations under this Unconditional Agreement and Consent.
5.Petitioner hereby agrees to pay all expenses incurred by the City in defending itself
with regard to any and all of the claims mentioned in this Unconditional Agreement
and Consent. These expenses shall include all out-of-pocket expenses, such as
attorneys' and experts' fees, and shall also include the reasonable value of any
services rendered by any employees of the City.
ATTEST: TRANSPORT PROPERTIES, LLC
By: By:
SUBSCRIBED and SWORN to Its:_________________________________
before me this _______ day of
___________________, 2021.
Notary Public
ATTEST: CHICAGO TITLE LAND TRUST COMPANY,
AS TRUSTEE UNDER TRUST AGREEMENT
DATED JULY 17, 1968, TRUST NUMBER 53278
By:
SUBSCRIBED and SWORN to
before me this _______ day of
___________________, 2021.
Notary Public
Exhibit E Page 95 of 95
COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: November 23, 2021
To: Michael G. Bartholomew, LEED-AP, City Manager
From: John T. Carlisle, AICP, Director of Community and Economic Development
Subject: Consideration of Conditional Use and Variation for an Adult Use (Recreational) Retail
Cannabis Dispensary at 1504 Miner Street, Case 21-048-CU-V (1st Ward)
Issue: The petitioner is requesting a conditional use under Section 12-7-3(K) of the Zoning Ordinance to
allow a cannabis dispensary in the C-5 zoning district. The petitioner is also requesting a variation from the
window transparency rules of Section 12-3-11 (Building Design Review).
Address: 1504 Miner Street
Petitioner: 280E, LLC
Owner: Metropolitan Square Plaza, LLC
Case Number: 21-048-CU-V
Real Estate Index #: 09-17-415-025-0000
Ward: #1, Alderman Mark Lysakowski
Existing Zoning: C-5, Central Business District
Existing Land Use: Vacant; former Leona’s restaurant
Surrounding Zoning: Northeast: C-5, Central Business District
Northwest: C-5, Central Business District
Southeast: C-5, Central Business District
Southwest: C-5, Central Business District
Surrounding Land Use: Northeast: Mixed-use residential/commercial building (Metropolitan Square)
Northwest: Restaurant (Sugar Bowl) and Metropolitan Square parking garage
Southeast: Martial arts academy (educational studio), various retail and service
Southwest: Public transportation station: Metra commuter rail and Pace bus
MEMORANDUM
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NEW BUSINESS #2B.
Street Information: Miner Street is classified as an arterial, and Metropolitan Way is a local street.
The segment of Miner Street is under Illinois Department of Transportation
(IDOT) jurisdiction and has an average traffic count of approximately 16,000
vehicles per day.
Comprehensive Plan: The Comprehensive Plan illustrates this site as “higher density urban mix with
residential.”
Background and Project: The petitioner is 280E, LLC, which is connected with operator D33 Mgmt,
LLC. The group is owned by Bryan, Kristie, and Zachary Zises, as well as Paul
Lee. They are proposing leasing 1504 Miner Street, a single-story building at
the corner of Miner and Metropolitan Way, for an adult-use sales (recreational)
retail cannabis dispensary. The space has been vacant since late 2017, when the
former Leona’s restaurant closed. Legal retail sales of adult-use cannabis
products began in Illinois on January 1, 2020, enacted by the state Cannabis
Regulation and Tax Act of 2019. Since then, D33 Mgmt has operated locations
under the brand Dispensary33, one of the first adult-use retailers to be open in
Illinois (Andersonville neighborhood of Chicago). They have since opened a
second location in the West Loop neighborhood of Chicago and are pursuing a
location in Wicker Park concurrent to their application in Des Plaines.
The City of Des Plaines amended its Zoning Ordinance twice related to
cannabis business establishments (an umbrella term that encompasses retail
dispensaries and cannabis supply-chain businesses). The first amendments were
in late 2019, and the second were in August 2021. Prior to August 2021,
cannabis dispensaries were not possible in the C-5 Central Business
District/downtown Des Plaines, but Ordinance Z-42-21 established them as a
conditional use. All cannabis business establishments in Des Plaines,
regardless of zoning district, are prohibited from locating within 500 feet of a
pre-existing school, place of worship, or commercially zoned child care center.
The subject property is more than 500 feet from the zoning lot lines of these
types of uses. The nearest are south of the railroad tracks: First United
Methodist Church at 668 Graceland Avenue, St. Mary Catholic School and
Parish at 801 Center Street and 794 Pearson Street, and the Central School
building and playground/ballfields at 1526 E. Thacker Street (measuring from
the north frontage on Prairie Avenue). All are approximately 900 feet from the
subject property.
All cannabis business establishments are also subject to the Use Standards of
Section 12-8-13 of the Zoning Ordinance. These set requirements and
limitations related to signage, lighting, hours of operation (limited to 10 a.m.
through 8 p.m.), prohibition of on-site consumption and delivery to consumers,
seismic and sonic detectors, consent to odor inspection, and full compliance
with state regulations, which may change from time to time. State regulations
are established both by state statute and the Illinois Department of Financial
and Professional Regulation (IDFPR). IDFPR licenses and inspects
dispensaries, and sets forth requirements that include, for example, exterior
security cameras and on-site security personnel.
Page 2 of 75
As the petitioner states in their project narrative, Green & Foster, LLC, is one
of the partners in the endeavor. Green & Foster is a “social equity 1” candidate
that won a state conditional license lottery2 in Summer 2021. The state gives
priority to social equity candidates in lotteries for conditional licenses.
The City can collect a three percent 3 Municipal Cannabis Retailers’ Occupation
Tax on the gross retail sales of all adult-use cannabis. In their project narrative,
the petitioner projects by late 2022 the average sales for a dispensary in Illinois
will be $500,000 per month, or $6 million per year. Sales volume varies based
on location, size of store, and other factors. Research from various cannabis
business sources reveals a range of national average annual sales between
$974 4-$1,773 5 per square foot. Using the petitioner’s estimate, it is estimated
the City could collect an estimated $180,000 per year in cannabis taxes from
this dispensary, and that does not include other taxes that may apply, such as
the home-rule retail sales tax (1 percent) and a local share of the state retail sales
tax. The Illinois Municipal League (IML) prepared a chart, which is attached,
of revenue potential for retail dispensaries.
The subject property is 5,428 square feet. The site and floor plans indicate a
total proposed building area of 4,180 square feet, which includes a downstairs
storage area to complement the upstairs sales, employee, and storage areas.
The parking requirement for cannabis dispensaries in Section 12-9-7 of the
Zoning Ordinance has three different ratios based on components of the floor
plan: one space for every 200 square feet of gross floor area with public access
plus one space for every 250 square feet of gross floor area dedicated to office
uses, plus one space for every 1,500 square feet of gross floor area dedicated to
ancillary uses. The definition of “floor area” in Section 12-13-3 allows certain
spaces such as restrooms, mechanical rooms, hallways, and up to 10 percent of
storage areas to be excluded. Further, because the subject property is in the C-
5 district, Section 12-7-3.H.6. allows the first 2,500 square feet to be exempt.
Given the order of the floor plan components in the parking requirement – first
public access, then office, then ancillary – the unexcluded space falls under
“ancillary use” and is subject to a ratio of one space per 1,500 square feet.
Therefore, the minimum parking requirement is two off-street spaces.
The petitioner is proposing three off-street spaces, all in the rear. One of the
spaces is reserved as an accessible space. In addition to the required off-street
parking, there is immediately adjacent angle parking on the east side of
Metropolitan Way, just west of the sidewalk next to the building. These eight
1 Social Equity Applicant Criteria (2021). Illinois Department of Commerce and Economic Opportunity. Accessed 30 October
2021 at https://www2.illinois.gov/dceo/CannabisEquity/Pages/SocialEquityApplicantCriteria-.aspx.
2 All adult-use retail cannabis dispensaries must be licensed by the State of Illinois, which controls the overall number and
distribution across the state of issued licenses. The Department of Financial and Professional Regulation (IDFPR) issues
conditional licenses through a lottery system. Once entities have finalized a location and fulfilled all state operational and
inspection requirements, the dispensary is given a license to operate.
3 The state collects the tax on behalf of the municipality and then remits it back. The state retains a small amount as an
administrative fee.
4 McVey, E. (2021). “Chart of the Week: Cannabis Retailers Excel in Key Revenue Metric.” MJBizDaily. Accessed at
https://mjbizdaily.com/chart-of-the-week-cannabis-retailers-excel-in-key-revenue-metric/.
5 Evans, M (2019, January 10). “This is how much the average dispensary makes a month.” CannaSOS. Accessed at
https://cannasos.com/news/business/this-is-how-much-the-average-dispensary-makes-a-month.
Page 3 of 75
spaces, one of which is an accessible space, are limited to 90 minutes and are
likely to be helpful in accommodating the use, although other businesses in the
area also rely on these spaces. Regardless, an overall parking shortage is not
anticipated, especially with the Metropolitan Square garage and additional on-
street parking within a short walk of the subject property. Finally, the petitioner
reasonably projects that given their location some customers will arrive via
public transportation.
The petitioner will allocate one parking space for deliveries. The delivery plan
in the project narrative specifies the frequency of daily deliveries (likely two to
three times per day) in Ford Transit Connect or Sprinter vans. Delivery methods
are also regulated by IDFPR, which requires that deliveries be conducted by a
licensed transporter and that a security guard be present.
The project narrative and submitted renderings indicate that façade alterations
will be necessary on the Miner side. These alterations make the project subject
to the Building Design Review requirements of Section 12-3-11. Specifically
Sub-section D.1.a.1. requires “highly transparent, nonreflectance windows.”
The petitioner cites a state requirement that dispensaries must maintain a
window tint, which would make the storefront windows only partially instead
of highly transparent. See the project narrative for an example from the
Dispensary33 West Loop store, which is suggested to be emulated at the subject
property. The petitioner would apply a window film, the specifications for
which are an exhibit to the approving ordinance, to achieve the state-required
tint. However, this requires a variation.
Alignment with the Comprehensive Plan
The following is a discussion of how the use may or may not align with the 2019 Comprehensive Plan:
• Future Land Use Plan:
o This property is illustrated as higher density urban mix with residential. This category was
used throughout downtown Des Plaines to signal support for adding residential units wherever
a proposal was made to do so. While the petitioner’s proposal retains the building as single-
use commercial, in broad terms, a retail cannabis dispensary is generally compatible with an
“urban mix,” as envisioned for downtown.
• Downtown Des Plaines:
o Returning the vacant space to active use, with the attendant façade improvements, will improve
the streetscape, as called for in this chapter.
o However, this chapter also calls for creating “a restaurant cluster on Miner Street next to the
Des Plaines Theatre,” signaling a preference for a restaurant use at the subject property.
o On the other hand, it may not be practical for every space in the Miner blocks adjacent to the
theatre to be a restaurant. In fact, the current 1504 Miner space is no longer built out for a
restaurant, according to observations of Building Division staff. The additional foot traffic
from a successful retail business such as a cannabis dispensary may support the existing
restaurants and/or attract others to the strip.
The City Council can determine if the benefits of the proposed dispensary align with the Comprehensive Plan,
or if the Council prefers to adhere to a vision for a restaurant or food-and-entertainment-oriented use.
Page 4 of 75
Conditional Use and Variation Findings: Conditional Use and Variation requests are subject to the
standards set forth in the Zoning Ordinance, Sections 12-3-4(E) and Section 12-3-6(H) respectively. The
attached meeting minutes from the Planning and Zoning Board (PZB) meeting contain comments that serve
as rationale in support of the standards. The City Council may draw upon these or may state their own as
rationale for approval or denial of the conditional use and variation.
PZB Public Hearing and Result
On November 9, 2021, the PZB held a public hearing. The petitioner presented and answered questions of the
Board, and the public was afforded an opportunity to speak and comment. There were no comments. The
Board took a motion to recommend the City Council approve both the conditional use and variation request,
and the vote was 3-1, with three in favor and one against.
City Council Procedure and Recommended Conditions: Under Sections 12-3-4(D) and 12-3-6(G) of the
Zoning Ordinance, the City Council has final authority on approval, approval subject to conditions, or denial
of the above-mentioned conditional use and variation for a cannabis dispensary at 1504 Miner Street.
Consideration of the request should be based on a review of the information presented by the applicant and
the standards for each request. If the City Council ultimately approves the request, the following conditions
are recommended:
1. The petitioner shall submit to the Des Plaines Police Department, at the frequency determined by the
Department, an updated and detailed list of security personnel.
2. Dispensary windows shall have substantially the same appearance as those used as an example in the
application submittal. Detailed specifications on transparency shall be included with the building
permit application.
3. No temporary certificate of occupancy or certificate of occupancy will be issued for the Subject
Property unless and until the Petitioner has provided proof that the Illinois Department of Financial
and Processional Regulation has issued a license to operate a cannabis dispensing organization on the
Subject Premises.
Attachments:
Attachment 1: Location map with zoning and 500-foot buffer
Attachment 2: Staff photos
Attachment 3: Plat of survey
Attachment 4: Project narrative, operational plans, responses to standards, Dispensary33 West Loop photos
Attachment 5: IML revenue chart
Attachment 6: Letter from PZB Chairman Jim Szabo
Attachment 7: Excerpt from Draft Minutes of November 9, 2021 PZB Meeting
Ordinance Z-57-21
Exhibit A: Photos of proposed window style
Exhibit B: Site plan
Exhibit C: Floor plan
Exhibit D: Front elevation
Exhibit E: Window exhibit
Exhibit F: Unconditional consent
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0 500 1000
ft
Disclaimer: The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. 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.
Print Date: 10/30/2021
Location and Zoning Map with 500-Foot Buffer
Notes
Attachment 1 Page 6 of 75
Staff Photos
Looking north from the Metra Station Corner of Metropolitan Way, Miner Street
Rear; proposed new parking area Rear parking and existing refuse area
Attachment 2 Page 7 of 75
Attachment 3 Page 8 of 75
Project Narrative
Description Of Interested Parties ............................................................................................... 2
Our Business ............................................................................................................................... 2
Values ......................................................................................................................................... 2
Reputation ................................................................................................................................. 3
Operations ................................................................................................................................. 4
Business Expectations ................................................................................................................ 5
Hours of Operation .................................................................................................................... 5
Staffing ....................................................................................................................................... 5
Appearance ................................................................................................................................ 5
Lighting Plan ............................................................................................................................... 5
Security Plan ............................................................................................................................... 6
Odor Mitigation Plan .................................................................................................................. 8
Delivery Plan .............................................................................................................................. 8
Refuse Plan ................................................................................................................................. 9
Other Regulatory Requirements ................................................................................................ 9
Standards For Conditional Uses ............................................................................................... 11
State Notification ..................................................................................................................... 21
Appendix A:
Appendix B:
Appendix C:
Dispensary33 West Loop
Design Site Plans
State Emails and Lottery Results
Attachment 4 Page 9 of 75
Description Of Interested Parties
There are three distinct entities involved in this transaction.
1. 280E, LLC is the master tenant of the property. 280E, LLC is owned by Bryan Zises, Kristie
Zises, Zachary Zises and Paul Lee, who represent a majority ownership and all Class A
shareholders in Gentle Ventures, LLC d/b/a Dispensary33.
2. D33 Mgmt, LLC has agreed to operate the dispensary on a day-to-day basis. D33 Mgmt
is also owned by Paul Lee, Zachary Zises, Bryan Zises and Kristie Zises, and performs
operations and management for dispensaries around the Chicago area.
3. Green & Foster, LLC has agreed to be the sub-tenant and the licensee. G&F has been
granted the right to receive a conditional license from the State to operate an adult use
dispensary although, currently, the granting of this conditional license is prevented by a
temporary restraining order by court order.
Our Business
280E, LLC is a recently formed business whose function is to serve as the master tenant for
dispensaries managed by D33 Mgmt. This master/sub-tenant structure is common in the
cannabis space and mostly serves to navigate the unique status of cannabis as state-legal and
federally illegal.
Green & Foster are a newly formed entity that applied in Illinois’ round of Social Equity adult
use dispensaries and have been fortunate enough to win three conditional licenses. G&F has
two equity members: Loretta Foster and Paul Lee.
Loretta Foster is a 16-year veteran in the US Navy who served as a dental administrator, a role
she similarly filled in civilian life after leaving the armed forces in 2001.
Paul Lee is a founding partner at Dispensary33, where he has also acted as its General Manager
since it began operations in December 2015.
G&F is partnering with Dispensary33’s operators to manage the dispensary on a day-to-day
basis. D33 will be responsible for branding, design, compliance and all other regulatory and
operational matters. This is why the information to follow discusses the facility from the
vantage of D33.
VALUES
D33 was the first dispensary to open in the Chicago. There are two primary reasons:
1. We have always been acutely aware of the importance of working with our
communities to earn their support. All of D33’s owners are homeowners who live close
Attachment 4 Page 10 of 75
to the dispensary – we know the difference between a business that adds value to a
communities other businesses and its residents and one that does not. Not only did we
work with Andersonville’s assemblage of stakeholders to gain their initial support for
our use, but we have continued to be responsive to their concerns as we converted
from medical only to also include adult use sales.
2. We have been similarly responsive at the City level as well, and only go where we are
wanted. We only considered Des Plaines after the conditional use ordinance passed and
the City seems to want a dispensary downtown. The location is high profile for the City
and we take our responsibility to work within the needs and interests of the community
very seriously.
REPUTATION
We have a different reputation among different groups:
1. The Residential Community. In Andersonville, where we operate within a robust
residential district, our reputation is of a business that works to lighten the load of our
busines on its residents. We have an unlisted number that our Alderman can use to call
us any time he needs us to respond to a community concern. We regularly participate in
our governing block club meetings to keep them updated and to hear concerns. This
was critical at the beginning of adult use sales when we were, quite frankly,
overwhelmed, but in a few weeks we learned how to minimize lines and our impact. We
now operate far more efficiently and have not faced any community concerns in well
over a year.
2. The Business Community. Our newest location in Chicago’s West Loop neighborhood is
in the heart of a robust restaurant district. We have partnered with many of them to
cross-promote through our email lists and staff promotions. Our busiest hours in the
West Loop are between in the evenings because that is when the scene there is
hopping, and we offer a cool place for people to shop and learn while waiting for their
tables or just being tourists.
3. Consumers. We divide consumers into two broad camps – connoisseurs and noobs –
and we work to provide each of them with the best experience possible. Critical to the
experience we provide is our website, where our menu shows detailed photos that we
take ourselves of everything on offer and offers detailed descriptions for each product.
On the basis of the website information alone, a lot of return customers will have
already pre-ordered before entering, at which point our job becomes getting them in
and out as efficiently as possible. This can be as quick as 150 seconds for those not
interested in lingering.
Attachment 4 Page 11 of 75
For those looking to receive more attention, to have their questions answered, and to
learn as much as they can, we take great pride in the experiential spaces that we design
for just this purpose. We are almost certainly the only dispensary in Illinois that displays
all of the product it sells, because we think it’s important for people to be able to see
what they are buying. All products also have detailed placards next to them that help
consumers educate themselves as they look around and read. While most other
dispensaries in Illinois create a pharmacy-like experience, we prefer the Apple store
model instead.
As an entity that is unaffiliated with any cultivators or processors, we are free to select
the best products in the marketplace, rather than just serve the business model of a
larger enterprise. For consumers, this means we always carry a wide selection of
products that change depending on the performance of the crops of the growers. As
craft growers and craft processors come into the marketplace we are in a great position
to discover and highlight the ones producing the highest quality and most innovative
products.
OPERATIONS
Over the six years we’ve been operating we’ve constantly refined our operations to become
more efficient and effective. We were exceedingly good at meeting the needs of our medical
customer base and then, on January 1, 2020 when adult use sales began, we got kind of bad at
it for a time, while we learned how to handle the massively increased customer volume. Then
on March 14th of last year we had to learn an entirely new of operational tricks for protecting
our staff and customers.
The D33 store on Clark St. is 2,100sf in total. The retail area is 800sf. Yet the store will regularly
see more than 1,000 customers on a busy 12-hour day, and the line that day will never extend
beyond the edge of our own building. The lessons we’ve learned there are the lessons we will
bring to Des Plaines to ensure that our impact on the community is only a positive one. These
include:
1.A robust pre-order system. Most return customers will pre-order before arriving and
spend very little time in the store, allowing our staff to be much more high-touch with
those who want a more educative experience.
2.ATM’s on site. We are an exclusively cash business but do not wish for people to carry
money just to purchase at our store. Transaction fees are kept low, $1.50, to encourage
their use.
3.Segregated Responsibilities. Our registers and dispensing counters are segregated. This
spreads out where customers and staff are over the space and allows retail staff to
dedicated themselves to helping customers purchase, and inventory management to
Attachment 4 Page 12 of 75
remain exclusively focused on product dispensing, resulting in greater operational
efficiency and lower error rates.
BUSINESS EXPECTATIONS
Estimating our daily volume of customers involves looking into several crystal balls. We know
how many licenses have been awarded but we do not know where those licensees will open.
How many others will open in Des Plaines? Within a 5 mile radius? As a result, our projections
assume that state-wide sales will continue to increase marginally year over year and that we
will perform in line with the average dispensary. By this time next year, we can assume that
adult use sales across the state will about $150M per month and, with this round of licenses
stood up, there will be a total of 295 adult use dispensaries, doing on average $500k/month.
Ticket averages are about $100, so that’s 5000 customers per month, or about 170/ day, which
equates to probably 100/day during the week and 220-250 on weekends.
HOURS OF OPERATION
We intend to operate for the fullest number of hours allowed: 10a to 8p every day of the week.
However, we may shorten hours based on demand.
STAFFING
Between five and nine staff will be at the facility during all operating hours:
•1 security guard
•1 store lead
•1 front-desk agent
•At least 1 retail staff (likely 2-4)
•At least 1 inventory agent
APPEARANCE
See Appendix A for a selection of photos from our adult use location in Chicago’s West Loop
neighborhood. We are particularly proud of the attractive frontage, the uncompromising
commitment to both an aesthetically pleasing, consumer friendly, and secure environment we
have created.
LIGHTING PLAN
The lighting plan will be robust and will ensure that surveillance systems will be able to achieve
facial recognition in all interior spaces and exterior frontage and parking areas. At the same
time, the exterior plan will ensure compliance with 12-9- 6G in providing at least one foot-
Attachment 4 Page 13 of 75
candle of illumination at all points in the back parking area, while shielding adjacent
neighboring property lines to ensure none receives more than 2 foot candles of illumination, in
accordance with 12-12-10. Light will be affixed to the building, more than 3 feet from any
property line and well below 30 feet in height from established grade.
SECURITY PLAN
The security system is broken out into two arrays: surveillance and anti-intrusion. The
surveillance system is composed of a network of cameras that will continuously surveil 100% of
the interior and exterior of the facility, except where legally prohibited (bathroom and changing
areas). Camera type varies on purpose – exterior cameras are optimized for weather-proofing,
tamper-proofing and nighttime conditions; interior camera focal lengths are optimized to either
capture a wide area, if its function is to monitor the goings-on of an entire room, or a narrow
point, to monitor the staff as they fulfill products an order-by-order basis or as they operate a
POS or currency counting machine.
The anti-intrusion system is a multi-layered lattice of protection that allows us to monitor and
control the movement of employees and non-employees, to be able to immediately alert
authorities in the instance of a threat, and to detect and prevent any unwanted intrusions into
the facility as a whole and high value targets within the facility in particular. This system
includes:
1.Access Control Doors: All doors within the facility will be locked at all times. Staff will
have access control cards that are programmed to allow them to unlock only those
doors consistent with their responsibilities, and only at times when they would need to
do so. So, retail staff cannot unlock the door to Vault and will not be able to unlock the
door to the employee entrance beyond those times they would be expected to be on-
site.
2.Panic Buttons: Employee stations (front desk, POS) will be equipped with panic buttons
that, once activated, trigger an immediate alert to local authorities.
3.Motion Sensors: Every room in the facility will be equipped with motion sensors.
4.Seismic / Sonar Sensors: Per City code, all roofs and walls will be monitored with these
sensors.
5.Glass Break Sensors: All glass on the exterior of the building with be monitored with
glass break sensors.
6.Multi-Zone Alarm System: The Vault will be on a separate alarm zone, allowing it to
remain armed independent from the rest of the facility. Within the vault will be a
currency safe bolted into the floor, access to which will be restricted solely to necessary
Attachment 4 Page 14 of 75
staff, and the IT Closet, holding the servers that run the security system and store the
surveillance data.
7.Smoke and Fire Alarm: Each area of the dispensary will be equipped with a photo-
electronic smoke and heat detector with a built-in wireless transmitter that conducts
alarms and tampering, maintenance needs, and low battery signals
Additional security controls:
1.Security Guard: a licensed security guard, employed by a third-party Licensed Security
Contractor, will be on-site during all operating hours.
2.Auxiliary Power: The access control, video surveillance, smoke/fire, and alarm systems
will have a two-part auxiliary power system; battery and backup generator. SmartPro
120V Line Interactive Uninterruptable Power Supply (UPS) in the IT/ Secure Records
Room will supply immediate uninterruptible power service in the event of momentary
power outage for a minimum of 4 hours to all security systems. For any outage lasting
more than 4 hours, the dispensary will utilize a backup, non-grid tied power generator,
to provide uninterrupted power to the facility in the event of an extended power loss.
3.Facility Design: Security needs are front of mind with several aspects of our floor plans
(see Appendix B for our vision for Miner Street):
a.Barriers Between Areas. The dispensary is divided into distinct areas, all
separated by controlled access doors and natural physical barriers.
The public may only enter through the Front Door into the Lobby, which is the
only Public Access area of the facility. The Front Desk Agent controls the
request-to-access door from the Lobby to the Limited Access Retail Room and
will only unlock this door for approved Purchasers after presenting valid
identification.
A controlled access door will separate the Sales Floor from the Restricted Access
area behind the Dispensing Counter. From this area, a second controlled access
door must be opened in order to reach the picking room and the rest of the
facility where product and currency are stored.
b.Dedicated Entrances/Egresses. All individuals will have specific, dedicated
entrances and egresses that they must use to access the facility, allowing us to
precisely monitor and track each person’s location while on the premises.
The Front Door will be unlocked during operating hours and will be the only door
Purchasers and Non-Delivery Service Professionals may enter through. From the
Retail Room, Purchasers may only exit through the secure Exit Mantrap.
Separating the entrance and exit in this way gives us greater control over the
number of customers in the facility and prevents any logjams in the lobby.
Attachment 4 Page 15 of 75
The Employee/Delivery Vestibule will be the only entrance/exit for staff and
product deliveries.
c.Two Door Requirement. Every point of entrance and egress will be protected by
a two-door mantrap. For Purchasers, the front door is followed by the door to
the Retail Room upon entrance. To exit, they must leave through the two-door
Exit Mantrap – these two doors have a Right-to-Exit Detector that prevents both
doors from being open at the same time, preventing any unauthorized entrance
into the facility from the dedicated exit.
4.Strict Anti-Loitering Policy. We will enforce a strict No Loitering policy. All persons who
are not authorized Purchasers and have not demonstrated a reasonable need to visit
may not loiter either in the Lobby or on the exterior premises. The Security Agent will
regularly check the exterior and advise those attempting to remain on the premises
without any need to do so that local law enforcement will be called to remove the
offending party if they do not cease loitering. If such persons fail to respond to requests
to vacate the premises, then law enforcement will be summoned to remove them.
ODOR MITIGATION PLAN
An HVAC system will run throughout the facility. All air intakes will be equipped with carbon
filters. The vault will be separated into a separate HVAC zone with the ability to add additional
odor mitigation filters if needed. The Director of Community and Economic Development will
be granted supervised access to all areas of the facility to evaluate and require amendment to
our odor mitigation strategies.
DELIVERY PLAN
We will maintain a parking space in the rear of the building specifically for deliveries.
•Delivery vehicles are either Ford Transit Connects or Sprinter Vans – both vehicles can
easily be accommodated in one of these spots.
•Deliveries are always pre-scheduled and spaced out so that each delivery can be
accepted and processed before another is scheduled.
•Our preference is to have more frequent deliveries with less volume, so two to three
deliveries per day is not uncommon.
•Delivery contents will be carried through the dedicated mantrap in the rear of the
building. With the Right-to-Exit switch preventing both doors from being open at the
same time, security risk is kept to a bare minimum.
•A security guard will be present.
•Per State regulations, during the time that product is undergoing intake, a delivery
agent from the manufacturer will remain with the vehicle at all times. Depending on the
size of the delivery, this process can take between 5 and 25 minutes.
Attachment 4 Page 16 of 75
REFUSE PLAN
In keeping with State regulations, all product waste must be destroyed before being left outside
for pick-up. Destruction occurs at the same time every week, to coincide with weekly trash
pickup so that destroyed product is outside for the shortest possible amount of time. Below is a
copy of our approved product destruction and disposal plan:
•Any finished cannabis, extractions, infusions, or other harvested plant material that
does not meet standards for health, quality and viability, or which for regulatory
reasons have been deemed requiring destruction, must be segregated in a
quarantined area and then destroyed.
•All product must be rendered unusable and unrecognizable before being placed
outside for waste management pick-up. The following guidelines are in place to
ensure this threshold is met for each product category:
•Flower and Concentrates. Grind all flower and concentrates together in a
blender until rendered a fine powder. Pour into waste bin and cover with cat
litter, in an amount in far excess of 50% by volume.
•Topical Patches. Remove the backing from the patch to expose the medicated
side of the patch. Suffuse the patch in cat litter until all areas of the patch of
covered. Dispose of the patches into the waste bin and cover with cat litter, in
an amount in far excess of 50% by volume.
•Cartridges. Smash cartridge tanks by blunt force, using a mallet or other such
device, and then empty the remains into the trash bin and cover with cat
litter, in an amount in far excess of 50% by volume.
•Edibles. Heat edibles in a microwave oven and pour the resulting liquid into
the trash bin and cover with cat litter, in an amount in far excess of 50% by
volume.
•Creams and Other Topicals. Smash products by blunt force, using a mallet or
other such device, and then empty the remains into the trash bin and cover
with cat litter, in an amount in far excess of 50% by volume.
•Disposal shall only occur in the restricted access area, at the same time every week,
as pre-approved by IDFPR, and shall be performed in full view of the video
surveillance.
OTHER REGULATORY REQUIREMENTS
In most ways that impact the community the requirements imposed by the State have been
addressed in our floor plan and our security plan detailed above, or, as with operating hours,
are addressed by the City’s zoning ordinance. However, there are a few additional
requirements that we will be meeting:
Attachment 4 Page 17 of 75
1.Tinted Windows. All public-facing windows must be tinted and have anti-shatter film
applied.
2.Signage. The lobby and retail rooms will have required signs posted.
Attachment 4 Page 18 of 75
STANDARDS FOR CONDITIONAL USES
1.The proposed conditional use is in fact a conditional use established within the specific
zoning district involved:
We have confirmed with the City that the building is appropriately zoned within the specific
zoning district of the building. The building is zoned C-5 and, per the City’s zoning ordinance,
this is an approved zoning designation for the use.
Attachment 4 Page 19 of 75
2.The proposed conditional use is in accordance with the objectives of the city's
comprehensive plan and this title;
The Vision Statement for Des Plaines’ Comprehensive Plan for Downtown seeks to create “a
vibrant destination with a variety of restaurant, entertainment, retail, and housing options.”
We will be occupying a building that has failed to attract a tenant for over three years, and
bringing a retail use that will attract affluent customers from around the surrounding area. We
will be a natural attraction to, and highly symbiotic with, the theater-going crowd. Our
commitment to aesthetics and attention to detail will beautify the area and strongly contribute
to the Downtown as a vibrant destination.
The Plan also states the following: “8.7. Assess the C-5 zoning district to bring a variety of new
uses to the vacant spaces including “experience retail uses”. Our use is at the vanguard of what
is new and will be an experiential space that is likely exactly what was envisioned in this section
of the Plan.
Attachment 4 Page 20 of 75
3.The proposed conditional use is designed, constructed, operated, and maintained so as
to be harmonious and appropriate in appearance with the existing or intended character of the
general vicinity;
We are professional operators with as much experience as anyone in the State. We currently
operate in areas that are a mix of residential and commercial, and have done so in harmony
with our neighbors since our founding in 2015. Every choice we make concerning the building’s
exterior will be to align it with the area, and the interior design will be highly attractive.
Attachment 4 Page 21 of 75
4.The proposed conditional use is not hazardous or disturbing to existing neighboring uses;
We will have a security guard on site during all operating hours. Our security system will
monitor all exteriors and interiors of the facility at all times. Federal law notwithstanding,
everything we do is consistent with a successful retail operation that is neither hazardous or
disturbing, and will be a large net benefit to the existing neighboring uses.
Attachment 4 Page 22 of 75
5.The proposed conditional use is to be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage structures, refuse
disposal, water and sewer, and schools; or the persons or agencies responsible for the
establishment of the proposed conditional use shall provide adequately any such services;
Current essential public facilities adequately serve our use. We have access to four parking
spaces, whereas our use only requires one. This ensures that deliveries will not impede streets
and that driving customers will have adequate parking at the building. We do not produce
appreciable garbage that would stress refuse disposal, nor do we place unusual demands on
water and sewer or schools.
Attachment 4 Page 23 of 75
6.The proposed conditional use does not create excessive additional requirements at
public expense for public facilities and services and not be detrimental to the economic welfare
of the community;
We have adequate parking and security, and nothing we do otherwise puts stress on public
facilities. Because of the local taxes we generate and the destination customers we attract, we
will only be a benefit to the economic welfare of the community.
Attachment 4 Page 24 of 75
7.The proposed conditional use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property, or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
During higher traffic times we expect the vast majority of customers to come by Metra – there
are plenty of other dispensaries in the area accessible by major thoroughfares that will be
easier for most customers to reach. Our use does not create noise above any other retail
environment, we will not allow smoking or vaping on or around the premises, we will have an
odor mitigation system that will be continually checked by the City, per the ordinance, and
window tinting will prevent any glare.
Attachment 4 Page 25 of 75
8.The proposed conditional use provides vehicular access to the property designed that
does not create an interference with traffic on surrounding public thoroughfares;
Per our Site Plan, there are parking spaces in the back of the building to ensure non-
interference with traffic for deliveries and most, if not all, vehicular traffic flow.
Attachment 4 Page 26 of 75
9.The proposed conditional use does not result in the destruction, loss, or damage of a
natural, scenic, or historic feature of major importance;
No part of our plan entails impacting the natural, scenic, or historic features of Downtown Des
Plaines in any way. We will be maintaining the current façade and only adding a tasteful sign
that is less than 50 square feet, per the ordinance.
Attachment 4 Page 27 of 75
10.The proposed conditional use complies with all additional regulations in this title specific
to the conditional use requested
Our proposal complies with, and our operations will comply with, all regulations in the
ordinance concerning adult use dispensing organizations. We have operated in compliance with
all State and Chicago regulations since 2015 and have always maintained open lines of
communications with State and City regulators, as well as with local resident and business
groups, to ensure that we are doing everything in our power to fulfill our commitments on a
statutory, regulatory and communal basis.
Attachment 4 Page 28 of 75
STATE NOTIFICATION
The State has not issued direct communications to winning applicants concerning their
conditional licenses and likely will not until the court-ordered temporary restraining order is
lifted, thus allowing the licenses to be officially awarded. See Appendix C for emails sent to all
applicants and lottery results posted on the IDFPR cannabis page
(https://www.idfpr.com/profs/adultusecan.asp).
Green & Foster, LLC was awarded the right to a total of 3 conditional licenses in BLS Regions #5
(which includes Des Plaines): selection #14 in the Social Equity Justice Involved Lottery; and
selections #10 and #32 in the Tied Applicant Lottery.
Attachment 4 Page 29 of 75
Check-In Area. Bar and counter were pre-existing. The overhanging metalwork creates a
structure to hang compliant signage (letters must be 2” high, so we decided to embrace the
requirement as an architectural element).
Attachment 4 Page 30 of 75
Retail Room. The view from POS counter, looking at the check-in area through the metal door,
and the reverse angle.
Attachment 4 Page 31 of 75
Retail Room. The sales counter is in one corner of the room. The dispensing counter (with more
compliance signage) is in the other.
Attachment 4 Page 32 of 75
Retail Room. Flower is displayed behind security glass. Customers can see the products and
displays up close but cannot access them.
Attachment 4 Page 33 of 75
Retail Room. The metal wall has glass cut-outs where concentrates, cartridges are displayed,
behind glass that is inaccessible to customers. Edibles are displayed in cases on the retail floor,
but the products are dummies. Each product has a product description included (these
descriptions can also be found on the product menu of our website).
Attachment 4 Page 34 of 75
N
Attachment 4 Page 35 of 75
Tied Applicant Lottery Results
From:FPR.DispensaryScoring | FPR.DispensaryScoring@Illinois.gov Thursday, Aug 19,
3:50 PM
To:FPR.DispensaryScoring | FPR.DispensaryScoring@Illinois.gov, 'us-advidfpr@kpmg.com' | us-
advidfpr@kpmg.com
Dear Applicants,
The Department has concluded the Tied Applicant Lottery identifying those applicants that are eligible to receive a
Conditional License. A complete list of those applicants selected in the Lottery can be found here.
The announced conditional licenses to be awarded may be subject to change as a result of court orders or
administrative review.
Applicants selected in the Lottery are eligible to receive a Conditional License, provided that they comply with the
remaining administrative steps, including compliance with Section 1291.95 of the Emergency Rules issued
pursuant the Act and any ownership limitations set forth in the Act.
Applicants selected in the lottery have five business days to abandon a Conditional License if they would otherwise
exceed the ownership limitations set in Sections 15-35(b)(5), 15-35.10(b)(5), or 15-36(c) of the Act. (Original Act
here; amendments made by Public Act 102-0098 here.) This means that applicants have until 11:59 PM CT on
August 26, 2021 to submit the Abandonment Form (if necessary) to FPR.CannabisAdministration@illinois.gov.
For more information on the abandonment period and whether you must submit an Abandonment Form, please
review the Department of Financial and Professional Regulation’s (“Department”) FAQs and Abandonment Form.
The Department will not be responding to individual questions regarding whether an applicant must submit an
Abandonment Form.
Applicants who were eligible to participate in the Lottery but were not selected may still be eligible to receive a
license if the selected applicants are not ultimately awarded a Conditional License. In the event a selected
applicant is not awarded a Conditional License, the Department will inform the next applicant drawn from the
Lottery that they are eligible to receive a Conditional License.
The Department thanks every applicant for participating in the conditional license application process.
State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential,
may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative
staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of
Appendix C
Attachment 4 Page 36 of 75
100 West Randolph Street, 9th Floor Chicago, Illinois 60601 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
320 West Washington Street, 3rd Floor Springfield, Illinois 62786 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
UPDATED: August 23, 2021
Results of Lottery for Social Equity Justice Involved Lottery for Conditional Licenses Per BLS Region
The Social Equity Justice Involved Lottery, with 17 BLS Region drawings, was conducted on August 5, 2021
for 55 Conditional Adult Use Dispensing Organization Licenses (“Conditional License”). Below are the
results of the drawings for each BLS region identifying the order in which each qualifying Social Equity
Justice Involved Applicant was drawn. This order determines the order in which the Department of
Financial and Professional Regulation (“Department”) will award the available Conditional Licenses in each
BLS region. Unique Lottery Numbers are those found in our updated list of participants from August 4,
2021.
An asterisk (*) next to an “Order Drawn” number means the applicant abandoned that opportunity for a
Conditional License and the Department is distributing that license to the next Qualifying Social Equity
Justice Involved Applicant drawn by lot pursuant to 410 ILCS 705/15-35.10(b)(7)-(9). The next applicant(s)
drawn by lot in the August 5, 2021 Social Equity Justice Involved Lottery have been identified and added
at the end of the specific BLS region’s list.
Applicants who have the opportunity to be awarded a Conditional License in the Social Equity Justice
Involved Applicant Lottery are subject to strict limitations on the number of total licenses, as mandated
by Public Act 102-98. An applicant’s failure to report to the Department that it has exceeded the statutory
license limitations will result in the Department’s refusal to issue any of the Conditional Licenses resulting
from the Social Equity Justice Involved Lottery.
Below are the Department’s certified results of the Social Equity Justice Involved Lottery for each drawing
by BLS Region. Each list identifies the applicants who have an opportunity to receive a Conditional License
from that drawing. In order to receive a Conditional License, each applicant must satisfy the statutorily
mandated abandonment periods and tax-compliance checks.
Those applicants who have been selected for a conditional license are subject to the statutory
requirements of the principal officer and license limitations and tax compliance checks, available here. If
an applicant is required to abandon a license because it exceeds the license limitations, the applicant shall
have five business days, from the day the results of the Social Equity Justice Involved Lottery are posted
to the Department’s website, to abandon, and the next drawn applicant will be notified of their
opportunity to be awarded a conditional license. Additionally, if an applicant cannot prove its tax
compliance within 60 days of winning a conditional license in accordance with 68 IAC 1291.95, the
Department will deny issuance of the Conditional License(s) and the next drawn applicant will be notified
of their eligibility to be awarded a conditional license. Therefore, the result lists below may change
pending the abandonment of an applicant’s conditional license and/or an applicant’s failure to prove tax
www.idfpr.com
JB PRITZKER
Governor
MARIO TRETO, JR.
Acting Secretary
CECILIA ABUNDIS
Acting Director
Attachment 4 Page 37 of 75
100 West Randolph Street, 9th Floor Chicago, Illinois 60601 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
320 West Washington Street, 3rd Floor Springfield, Illinois 62786 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
compliance. This means additional applicants, whose draw order followed the abandoning applicant’s
order, may become an awarded applicant.
The announced conditional licenses to be awarded may be subject to change as a result of court orders
or administrative review.
Term Meaning
Unique Lottery Number The Unique Lottery Number is randomly assigned
to a Unique Applicant Number. The Unique
Lottery Number will be used to identify the results
of the lottery drawing.
Unique Application Number A Unique Application Number was assigned to all
applications.
Applicant Name The Applicant Name reflects the entity’s name as
submitted on the original application.
Order Drawn This reflects the order in which the Unique Lottery
Numbers were drawn by the Illinois State Lottery.
BLS Region #1 (Bloomington) 1 Conditional License Available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 29 3945430 ILLINOIS HEALTH &
WELLNESS, LLC
BLS Region #2 (Cape Girardeau) 1 Conditional License Available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 40 3946378 TRU ESSENCE GROUP,
LLC
BLS Region #3 (Carbondale-Marion) 1 Conditional License available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 27 3956441 IL-LUSTRIOUS
VETERANS' UNIT II LLC
BLS Region #4 (Champaign-Urbana) 1 Conditional License available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 70 3947067 SEQUITY VENTURES, LLC
Attachment 4 Page 38 of 75
100 West Randolph Street, 9th Floor Chicago, Illinois 60601 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
320 West Washington Street, 3rd Floor Springfield, Illinois 62786 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
BLS Region #5 (Chicago-Naperville-Elgin) 36 Conditional Licenses Available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 1159 3952564 MINT VENTURES LLC
2 1086 3953473 LATINO VETERANS
HEALTH AND REVIVAL
LLC
3 1556 3949402 THE HOMECOMING
GROUP, LLC
4 1219 3953734 NLJ PARTNERS LLC
5 1656 3952950 VILL-OPS, INC (DBA
VIOLA)
6 1634 3950018 VELTISTE ILLINOIS LLC
7 983 3952765 ISLAND THYME, LLC.
8 1188 3953218 MORGAN AND HOPE,
LLC; DBA 64 & HOPE
9 471 3951011 FAMILY ROOTS, LLC
*10 345 3950925 DEALERSHIP, LLC
11 1387 3948423 SB IL LLC D/B/A
STARBUDS
12 861 3952426 HEARTLAND LEAF, LLC
*13 625 3952431 GREEN & BREADLEY,
LLC
14 677 3952145 GREEN & FOSTER, LLC
15 934 3951252 ILLINOIS CANNABIS
COMPANY, LLC
16 1290 3948137 PLANET 13 ILLINOIS,
LLC
17 1349 3966035 RENU LLC
18 208 3950767 CANNA VENTURES, LLC
19 1224 3951742 NMG IL 4, LLC
20 1603 3948387 TRIUMPH 7
INVESTMENTS, LLC
21 404 3952948 ELLANA, LLC
22 610 3951363 GREEN & BRANSFORD,
LLC
23 1241 3953334 OCEAN CAPITAL IL, INC.
D/B/A DR. MOODS
CANNABIS COMPANY
24 468 3953776 EUPHORIA, LLC
25 475 3951011 FAMILY ROOTS, LLC
26 632 3952431 GREEN & BREADLEY,
LLC
Attachment 4 Page 39 of 75
Important Cannabis Lottery Information
From:FPR.DispensaryScoring | FPR.DispensaryScoring@Illinois.gov Friday, Sep 3, 1:20
PM
To:FPR.DispensaryScoring | FPR.DispensaryScoring@Illinois.gov, 'us-advidfpr@kpmg.com' | us-
advidfpr@kpmg.com
Dear Applicants,
Today, the Department of Financial and Professional Regulation (“the Department”) posted the list of results from
the Qualifying Applicant Lottery (conducted on July 29, 2021), the Social Equity Justice Involved Lottery (conducted
on August 5, 2021), and the Tied Applicant Lottery (conducted on August 19, 2021) as the Department’s final
administrative decision regarding applications for Conditional Adult Use Dispensing Organization Licenses
(“Conditional Licenses”) under Sections 15-25 through 15.35.10 of the Cannabis Regulation and Tax Act (“Act”).
The Department also posted the Official Drawing Records from the Illinois State Lottery for all three lotteries (the
Qualifying Applicant Lottery, the Social Equity Justice Involved Lottery, and the Tied Applicant Lottery), which
includes the complete list of results of the order each participant was drawn, including those participants not eligible
to receive a Conditional License. The applicants that are eligible to receive a Conditional License from the lotteries
can be found in the Final Administrative Decision. The Conditional Licenses to be awarded by the Department
following these lotteries may be subject to change as a result of compliance issues pursuant to section 15-30(g) of
the Act, court orders, or administrative review.
In addition, the Department has determined that lotteries for certain BLS regions in connection with the Qualifying
Applicant Lottery did not include the correct number of qualified entries based on the application fees that
applicants paid. When the Department posted the list of participants for the Qualifying Applicant Lottery, some
participants erroneously received an extra entry, while some others did not receive an entry they paid for and
identified on their application. No extra entry that was erroneously included in the Qualifying Applicant Lottery
received a winning lottery slot.
The Department is committed to ensuring a fair process by which all applicants that were properly qualified to
participate in a lottery but were erroneously excluded from that lottery receive a fair opportunity to obtain a
Conditional License. Accordingly, the Department intends to conduct supplemental corrective lotteries that will
address the application entries that were erroneously excluded from a lottery. More information about this process
can be found on the Department’s website, available here.
The Department has notified the applicants who had an entry that was erroneously excluded from the Qualifying
Applicant Lottery in a separate email. The Department thanks you for your participation in this process.
Attachment 4 Page 40 of 75
100 West Randolph Street, 9th Floor Chicago, Illinois 60601 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
320 West Washington Street, 3rd Floor Springfield, Illinois 62786 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
Results of Tied Applicant Lottery for Conditional Licenses Per BLS Region
The Tied Applicant Lottery, with 17 BLS Region drawings, was conducted on August 19, 2021 for 75
Conditional Adult Use Dispensing Organization Licenses (“Conditional License”). Below are the results of
the drawings for each BLS region identifying the order in which each Tied Applicant was drawn. This order
determines the order in which the Department of Financial and Professional Regulation (“Department”)
will award the available Conditional Licenses in each BLS region.
Applicants who have the opportunity to be awarded a Conditional License in the Tied Applicant Lottery
are subject to strict limitations on the number of total licenses, as mandated by Public Act 102-98. An
applicant’s failure to report to the Department that it has exceeded the statutory license limitations will
result in the Department’s refusal to issue any of the Conditional Licenses resulting from Tied Applicant
Lottery.
Below are the Department’s certified results of the Tied Applicant Lottery for each drawing by BLS Region.
Each list identifies the applicants who have an opportunity to receive a Conditional License from that
drawing. In order to receive a Conditional License, each applicant must satisfy the statutorily mandated
abandonment periods and tax-compliance checks.
Those applicants who have been selected for a conditional license are subject to the statutory
requirements of the principal officer and license limitations and tax compliance checks, available here. If
an applicant is required to abandon a license because it exceeds the license limitations, the applicant shall
have five business days, from the day the results of the Tied Applicant Lottery are posted to the
Department’s website, to abandon, and the next drawn applicant will be notified of their opportunity to
be awarded a conditional license. Additionally, if an applicant cannot prove its tax compliance within 60
days of winning a conditional license in accordance with 68 IAC 1291.95, the Department will deny
issuance of the Conditional License(s) and the next drawn applicant will be notified of their eligibility to
be awarded a conditional license. Therefore, the result lists below may change pending the abandonment
of an applicant’s conditional license and/or an applicant’s failure to prove tax compliance. This means
additional applicants, whose draw order followed the abandoning applicant’s order, may become an
awarded applicant.
The announced conditional licenses to be awarded may be subject to change as a result of court orders
or administrative review.
Term Meaning
Unique Lottery Number The Unique Lottery Number is randomly assigned
to a Unique Applicant Number. The Unique
Lottery Number will be used to identify the results
of the lottery drawing.
www.idfpr.com
JB PRITZKER
Governor
MARIO TRETO, JR.
Acting Secretary
CECILIA ABUNDIS
Acting Director
Attachment 4 Page 41 of 75
100 West Randolph Street, 9th Floor Chicago, Illinois 60601 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
320 West Washington Street, 3rd Floor Springfield, Illinois 62786 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
Unique Application Number A Unique Application Number was assigned to all
applications.
Applicant Name The Applicant Name reflects the entity’s name as
submitted on the original application.
Order Drawn This reflects the order in which the Unique Lottery
Numbers were drawn by the Illinois State Lottery.
BLS Region #1 (Bloomington) 1 Conditional License Available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 20 3945565 PROJECT EQUITY
ILLINOIS, INC.
BLS Region #2 (Cape Girardeau) 1 Conditional License Available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 3 3963613 BLOUNTS&MOORE
BLS Region #3 (Carbondale-Marion) 1 Conditional License available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 19 3956504 TOFINO SHORELINE
PARTNERS LLC
BLS Region #4 (Champaign-Urbana) 1 Conditional License available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 13 3947041 FORTUNATE SON
PARTNERS LLC
BLS Region #5 (Chicago-Naperville-Elgin) 47 Conditional Licenses Available
Order Drawn Unique Lottery
Number
Unique Application
Number
Applicant Name
1 82 3963113 BOTAVI WELLNESS LLC
2 703 3953534 SO BAKED TOO LLC
3 285 3953494 G P GREEN HOUSE LLC
4 463 3951611 GREEN & WILLIAMS,
LLC
5 581 3953433 ILLINOIS HEALTH &
WELLNESS, LLC
Attachment 4 Page 42 of 75
100 West Randolph Street, 9th Floor Chicago, Illinois 60601 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
320 West Washington Street, 3rd Floor Springfield, Illinois 62786 ∙ (888) 473-4858 ∙ TTY (866) 325-4949
6 214 3947835 EEL - ILLINOIS LLC
7 658 3947917 MINT IL, LLC
8 6 3951397 AMERICANNA DREAM
LLC
9 547 3947977 GRI HOLDINGS, LLC
10 390 3952145 GREEN & FOSTER, LLC
11 783 3950911 TOFINO SHORELINE
PARTNERS LLC
12 35 3962777 BLOUNTS&MOORE
13 882 3949801 WORLD OF WEED
14 875 3949801 WORLD OF WEED
15 610 3950528 KANA GROVE NORTH
LLC
16 376 3950381 GREEN & CAMPBELL
LLC
17 714 3948861 SUITE GREENS, LLC
18 616 3963034 KAP-JG LLC
19 516 3947522 GREEN THERAPY LLC
20 165 3950459 CESAM, LLC
21 770 3953395 THE HERBAL CARE
CENTER
22 546 3947977 GRI HOLDINGS, LLC
23 877 3949801 WORLD OF WEED
24 776 3951084 THF ILLINOIS, LLC DBA:
GREENLIGHT
25 234 3962625 EMERALD COAST, LLC
26 80 3963113 BOTAVI WELLNESS LLC
27 338 3951363 GREEN & BRANSFORD,
LLC
28 339 3951363 GREEN & BRANSFORD,
LLC
29 834 3948580 WAH GROUP, LLC
D/B/A LEAFING LIFE
30 322 3951363 GREEN & BRANSFORD,
LLC
31 606 3952765 ISLAND THYME, LLC.
32 394 3952145 GREEN & FOSTER, LLC
33 313 3950908 GREEN & ALAMO, LLC
34 821 3952950 VILL-OPS, INC (DBA
VIOLA)
35 614 3963034 KAP-JG LLC
36 632 3953497 KWB ONE LLC
37 345 3952431 GREEN & BREADLEY,
LLC
38 410 3951950 GREEN & KINNICK, LLC
Attachment 4 Page 43 of 75
Attachment 5 Page 44 of 75
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
November 16, 2021
Mayor Goczkowski and Des Plaines City Council
CITY OF DES PLAINES
Subject: Planning and Zoning Board, 1504 Miner Street, Case #21-048-CU-V, 1st Ward
RE: Consideration of Conditional Use and Variation for a Cannabis Dispensary
Honorable Mayor and Members of the Des Plaines City Council
The Planning and Zoning Board (PZB) met on November 9, 2021 to consider a Conditional Use under Section
12-7-3(K) of the Zoning Ordinance, as amended, to allow for a Cannabis Dispensary Use at 1504 Miner Street in
the C-5, district, and variation from the requirement in Section 12-3-11 for highly transparent, non-reflectance
windows on the Miner Street-facing facade.
1. The petitioner was invited to present. He began by providing an overview of the status of the state licensing
process for adult use cannabis dispensaries at the moment. He confirmed that an affiliated entity, Green
& Foster LLC, had been notified that they were awarded a conditional license through the Illinois
Department of Financial and Professional Regulation (IDFPR) in the summer of 2021. He noted that after
state-level litigation involved with releasing the licenses are resolved, he expected his operation to have
the necessary license to operate at the subject property. The petitioner went on to give a slide
presentation with information about his business and brand, Dispensary33. He provided details about
existing operations and highlighted components of his petition. He displayed photos and reviewed the
proposed floor plan. Among the photos were the proposed windows. The petitioner explained the need
for variation because there is a state requirement for windows to be tinted for security reasons.
2.Community and Economic Development staff summarized the staff report and recommended two
conditions. One condition requires the petitioner to revise the Site Plan to include the dimensions, striping,
and designation of the required handicap accessible parking spaces pursuant to City codes. Another
condition requires the petitioner to submit a Photometric Plan in compliance with Section 12-12-10 of the
Zoning Ordinance at time of building permit. A third condition requires the installation of a public
sidewalk across the subject property’s frontage along Wolf Road.
3. The PZB members asked about the Des Plaines Police Department comments and noted their comment
(and recommended condition) that the security personnel roster for the dispensary be regularly be shared
with the Police Department. Member Veremis asked about crime issues at the Dispensary33
Chicago/Andersonville location. The petitioner relayed that only one crime issue had occurred and it was
related to vandalism/social unrest that affected many types of businesses. The petitioner also shared
examples of community involvement and events in Andersonville.
4. Members also asked about and discussed the possibility for consumption in and around the Des Plaines
Theater. The petitioner and staff clarified that public consumption of cannabis is still illegal, but
possession – not consumption – of just-purchased products is possible.
Attachment 6 Page 45 of 75
5.No members of the public spoke on this petition.
6.Chairman Szabo stated his opinion that while the operator made a sound presentation, he does not support
a cannabis dispensary in the subject location.
7.The PZB took a motion to recommend approval of both the requested conditional use and variation to the
City Council. Three (3) members voted in support, and one (1) voted against. The following conditions
were part of the motion: (i) The petitioner shall submit to the Des Plaines Police Department, however
often is necessary, an updated list of security personnel with verification of all necessary firearms training;
and (ii) Dispensary windows shall be the type the petitioner used as an example in their application
submittal. Detailed specifications on transparency shall be included with the building permit application.
Respectfully submitted,
James Szabo,
Des Plaines Planning and Zoning Board, Chairman
Cc: City Officials/Aldermen
Attachment 6 Page 46 of 75
Case 21-031-V 290 N. Eighth Avenue Variation
Case 21-048-CU 1504 Miner Street Conditional Use/Var
November 9, 2021
Page 9
2. Address: 1504 Miner Street Case Number: 21-048-CU-V
Public Hearing
The petitioner is requesting a Conditional Use from Section 12-7-3(K) of the Des Plaines Zoning Ordinance,
as amended, to allow a cannabis dispensary in the C-5 zoning district, as well as a variation from the
Building Design Review standards of Section 12-3-11 related to window transparency, and the approval
of any other such variations, waivers, and zoning relief as may be necessary.
PIN: 09-17-415-025-0000
Petitioner: 280E LLC, 1126 Main Street, Evanston, IL 60640
Owner: Metropolitan Square Plaza, LLC 6348 N. Milwaukee Avenue, PMB 125,
Chicago, IL 60645
Chairman Szabo swore in Zachary Zises, Petitioner for the property located at 1504 Miner Street. Mr.
Zises stated that the licenses for the cannabis dispensary have not been received yet; they are held by the
State of Illinois due to a temporary restraining order which should be resolved in the next two to six
months, which gives them time to apply for permits, etc.
The Petitioner stated that they have another business in Andersonville that opened in 2015; they are
design focused; State law requires tinted windows; a security guard will be on premise; they will have
cameras and a security system.
Chairman Szabo asked that the Staff Report entered into record. Director Carlisle provided a summary
report.
Member Veremis asked if the Police Department supported this business; has there been any criminal
activity at the Andersonville location. The Petitioner stated that during the unrest in 2020 a brick was
thrown through a window and on another occasion three people entered the building and the alarm
system scared them away.
Member Veremis stated that Des Plaines Theater goers are likely to purchase cannibis products.
The Petitioner stated that consumption is not allowed in a public place or in the theater; product is
allowed to be kept on their person.
Chairman Szabo stated that this is a sound operation, but in his opinion, not the ideal location. The
Petitioner stated that the State of Illinois is restrictive and the City’s Ordinance only allows a cannabis
dispensary in certain locations. In addition, any building that a dispensary is located must not have a
mortgage on it, which makes location even more restrictive.
Chairman Szabo asked if there were any questions or comments from the audience.
Issue: The petitioner is requesting a conditional use under Section 12-7-3(K) of the Zoning Ordinance to
allow an adult use (recreational) retail cannabis dispensary in the C-5 zoning district. The petitioner is also
requesting variations from the window transparency rules of Section 12-3-11 (Building Design Review).
Attachment 7 Page 47 of 75
Case 21-031-V 290 N. Eighth Avenue Variation
Case 21-048-CU 1504 Miner Street Conditional Use/Var
November 9, 2021
Page 10
Address: 1504 Miner Street
Petitioner: 280E, LLC (dba Dispensary33, owned by Zachary Zises, et al)
Owner: Metropolitan Square Plaza, LLC
Case Number: 21-048-CU-V
Real Estate Index #: 09-17-415-025-0000
Ward: #1, Alderman Mark Lysakowski
Existing Zoning: C-5, Central Business District
Existing Land Use: Vacant; former Leona’s restaurant
Surrounding Zoning: Northeast: C-5, Central Business District
Northwest: C-5, Central Business District
Southeast: C-5, Central Business District
Southwest: C-5, Central Business District
Surrounding Land Use: Northeast: Mixed-use residential/commercial building (Metropolitan
Square)
Northwest: Restaurant (Sugar Bowl) and Metropolitan Square parking
garage
Southeast: Martial arts academy (educational studio), various retail and
service
Southwest: Public transportation station: Metra commuter rail and Pace
bus
Street Information: Miner Street is classified as an arterial, and Metropolitan Way is a local
street. The segment of Miner Street is under Illinois Department of
Transportation (IDOT) jurisdiction and has an average traffic count of
approximately 16,000 vehicles per day.
Comprehensive Plan: The Comprehensive Plan illustrates this site as “higher density urban mix
with residential.”
Background and Project: The petitioner is 280E, LLC, and would operate under the brand
Dispenary33 (D33 Mgmt, LLC), which is owned by Bryan, Kristie, and
Zachary Zises, as well as Paul Lee. They are proposing leasing 1504 Miner
Street, a single-story brick building at the corner of Miner and
Metropolitan Way, for an adult-use (recreational, non-medical) retail
cannabis dispensary. The space has been vacant since late 2017, when
the former Leona’s restaurant closed. Legal retail sales of adult-use
cannabis products began in Illinois on January 1, 2020, enacted by the
state Cannabis Regulation and Tax Act of 2019. Dispensary33 was one of
Attachment 7 Page 48 of 75
Case 21-031-V 290 N. Eighth Avenue Variation
Case 21-048-CU 1504 Miner Street Conditional Use/Var
November 9, 2021
Page 11
the first adult-use retailers to be open in Illinois at their location in the
Andersonville neighborhood of Chicago. They have since opened a
second location in the West Loop neighborhood of Chicago and are
pursuing a location in Wicker Park concurrent to their application in Des
Plaines.
The City of Des Plaines amended its Zoning Ordinance twice related to
cannabis business establishments (an umbrella term that encompasses
retail dispensaries and cannabis supply-chain businesses). The first
amendments were in late 2019, and the second were in August 2021.
Prior to August 2021, cannabis dispensaries were not possible in the C-5
Central Business District/downtown Des Plaines, but Ordinance Z-42-21
established them as a conditional use. All cannabis businesses
establishments in Des Plaines are prohibited from locating within 500
feet of a pre-existing school, place of worship, or commercially zoned
child care center. The subject property is more than 500 feet from the
zoning lot lines of these types of uses. The nearest all are south of the
railroad tracks: First United Methodist Church at 668 Graceland, St. Mary
Catholic School and Parish at 801 Center Street and 794 Pearson Street,
and the Central School building and playground/ballfields at 1526 E.
Thacker Street (measuring from the north frontage on Prairie Avenue).
All are approximately 900 feet from the subject property.
All cannabis business establishments are also subject to the Use
Standards of Section 12-8-13 of the Zoning Ordinance. These address
requirements and limitations related to signage, lighting, hours of
operation (limited to 10 a.m. through 8 p.m.), prohibition of on-site
consumption and delivery to consumers, seismic and sonic detectors,
consent to odor inspection, and full compliance with state regulations,
which may change from time to time.
As the petitioner states in their project narrative, Green & Foster, LLC, is
one of the partners in the endeavor. This entity was notified that it was a
state conditional license lottery winner1 in summer 2021. Green & Foster
1 All adult-use retail cannabis dispensaries must be licensed by the State of Illinois, which controls the overall
number and distribution across the state of issued licenses. The Department of Financial and Professional
Regulation (IDFPR) issues conditional licenses through a lottery system. Once entities have finalized a location and
fulfilled all state operational and inspection requirements, the dispensary is given a full license to operate.
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is a “social equity2” candidate. The state gives priority to social equity
candidates in lotteries for conditional licenses.
Retail cannabis is not only a growing sector of brick-and-mortar retail but
also a source of a unique potential local revenue. The City can collect a
three percent3 Municipal Cannabis Retailers’ Occupation Tax on the gross
retail sales of all adult-use cannabis. Further, the City is entitled to one
percent home-rule retail sales tax, which leads to approximately four
percent in total tax revenue on gross sales. In their project narrative, the
petitioner projects by late 2022 the average sales for a dispensary in
Illinois will be $500,000 per month, or $6 million per year. Sales volume
varies based on location, size of store, and other factors. Research from
various cannabis business sources reveals a range of national average
annual sales between $9744-$1,7735 per square foot. Using the
petitioner’s estimate, the City could collect an estimated $200,000-
250,000 per year in combined cannabis and home-rule retail sales taxes
from this single business. Des Plaines does not currently have a cannabis
dispensary.
The subject property is 5,428 square feet. The site and floor plans indicate
a total proposed building area of 4,180 square feet. It appears the
dispensary proposes to remove the rear cooler (approximately 300
square feet) to better accommodate parking spaces adjacent to the alley.
There is downstairs storage area planned to complement the upstairs
sales, employee, and storage areas.
The parking requirement for cannabis dispensaries in Section 12-9-7 of
the Zoning Ordinance has three different ratios based on components of
the floor plan: one space for every 200 square feet of gross floor area
with public access plus one space for every 250 square feet of gross floor
area dedicated to office uses, plus one space for every 1,500 square feet
of gross floor area dedicated to ancillary uses. As with all uses, the
definition of “floor area” in Section 12-13-3 allows certain spaces such as
2 Social Equity Applicant Criteria (2021). Illinois Department of Commerce and Economic Opportunity. Accessed 30
October 2021 at https://www2.illinois.gov/dceo/CannabisEquity/Pages/SocialEquityApplicantCriteria-.aspx.
3 The state collects the tax on behalf of the municipality and then remits it back. The state retains a small amount
as an administrative fee.
4 McVey, E. (2021). “Chart of the Week: Cannabis Retailers Excel in Key Revenue Metric.” MJBizDaily. Accessed at
https://mjbizdaily.com/chart-of-the-week-cannabis-retailers-excel-in-key-revenue-metric/.
5 Evans, M (2019, January 10). “This is how much the average dispensary makes a month.” CannaSOS. Accessed at
https://cannasos.com/news/business/this-is-how-much-the-average-dispensary-makes-a-month.
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restrooms, mechanical rooms, hallways, and up to 10 percent of storage
areas to be excluded. Further, because the subject property is in the C-5
district, Section 12-7-3.H.6. allows the first 2,500 square feet to be
exempt. Given the order of the floor plan components in the parking
requirement – first public access, then office, then ancillary – the
unexcluded space falls under “ancillary use” and is subject to a ratio of
one space per 1,500 square feet. Therefore, the minimum parking
requirement is two off-street spaces.
The petitioner is proposing three off-street spaces, all in the rear, which
would comply. One of the spaces is reserved as an accessible space. In
addition to the required off-street parking, there is immediately adjacent
angle parking on the east side of Metropolitan Way, just west of the
building. These 10 spaces, one of which is an accessible space, are limited
to 90 minutes and are likely to be helpful in accommodating the use,
although other businesses in the area also rely on these spaces.
Regardless, an overall parking shortage is not anticipated, especially with
the Metropolitan Square garage and additional on-street parking within
a short walk of the subject property. Finally, the petitioner reasonably
projects that given their location some customers will arrive via public
transportation.
The petitioner will reserve one parking space for deliveries. The delivery
plan in the project narrative specifies the frequency of daily deliveries
(likely two to three times per day) in Ford Transit Connect or Sprinter
vans. The state requires that deliveries be conducted by a licensed
transporter and that a security guard be present.
The project narrative and the renderings of existing Dispensary33
locations indicate that façade alterations will be necessary on the Miner
side. These alterations make the project subject to the Building Design
Review requirements of Section 12-3-11. Specifically Sub-section D.1.a.1.
requires “highly transparent, nonreflectance windows.” The petitioner
cites a state requirement that dispensaries must maintain a window tint,
which would make the storefront windows only partially instead of highly
transparent. See the Project Narrative for an example from the
Dispensary33 West Loop store. Therefore, the petitioner is seeking a
variation from this requirement.
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Alignment with the Comprehensive Plan
The following is a discussion of how the use aligns with the various goals and objectives of the 2019
Comprehensive Plan:
Future Land Use Plan:
o This property is illustrated as higher density urban mix with residential. This category was
used throughout downtown Des Plaines to signal support for adding residential units
wherever a proposal was made to do so. While the petitioner’s proposal retains the
building as single-use commercial, in broad terms, a retail cannabis dispensary is
compatible with an “urban mix,” as envisioned for downtown.
Downtown Des Plaines:
o Returning the vacant space to active use, with the attendant façade improvements, will
improve the streetscape, as called for in this chapter.
o The chapter calls for creating “a restaurant cluster on Miner Street next to the Des Plaines
Theatre.” On one hand, by approving this conditional use, the City would be allowing a
former restaurant space to convert a non-restaurant space. On the other hand, it may not
be practical for every space in the blocks adjacent to the theatre to be a restaurant. The
additional foot traffic from a successful retail business such as a cannabis dispensary may,
like additional theatre show-goers, support the existing restaurants and attract others to
the strip.
Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3-
4(E) of the Zoning Ordinance. In reviewing these standards, the PZB may use following comments, or may
state their own, as rationale (findings of fact) for recommended approval or denial of the conditional use:
1. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning
district involved:
Comment: As of August 2021, cannabis dispensary is now a conditional use in the C-5 district.
2. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive
Plan:
Comment: While not perfectly aligned, allowing the cannabis dispensary in the proposed location
may support and complement the type of development (high-density urban mix) and uses
(restaurant) desired broadly for the area.
3. The proposed Conditional Use is designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity:
Comment: Through their lighting, refuse, and security plan, as well as their “no loitering” policy
and online pick-up program, the petitioner’s business is likely to mitigate the types of concerns
neighbors may have about a nearby cannabis dispensary.
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4. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: The dispensary seems to have designed a use that will not lead to outdoor queueing
and loitering. On-site consumption is not permitted, and the many other Use Standards of Section
12-8-13 of the Zoning Ordinance should be effective at minimizing neighbor impacts.
5. The proposed Conditional Use is to be served adequately by essential public facilities and
services, such as highways, streets, police and fire protection, drainage structures, refuse
disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional
Use shall provide adequately any such services:
Comment: The use would not be enlarging the space through a large construction project; it is a
simple commercial move-in. Public infrastructure is largely unaffected, and the existing parking in
the vicinity is likely to be an adequate complement to the on-site parking spaces, which will meet
the parking minimum requirement. Finally, the Des Plaines Police Department was offered the
opportunity to comment and does not feel the use in this location would present a service
demand on the department. Police did comment that the dispensary should, however often is
necessary, maintain a list of its security personnel and share it with the department for the
purposes of tracking personnel who are likely to be armed, which the security for the dispensary
are likely to be. This comment is captured in recommended conditions.
6. The proposed Conditional Use does not create excessive additional requirements at public
expense for public facilities and services and will not be detrimental to the economic well-being
of the entire community:
Comment: On the contrary, the use is likely to be an economic benefit for the community, creating
new revenue while not requiring additional resources to provide services.
7. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property, or the general
welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors:
Comment: The proposed dispensary use is likely to comply with the Use Standards of Section 12-
8-13 of the Zoning Ordinance, and these standards are designed to address all of the possible
concerns listed in this standard.
8. The proposed Conditional Use provides vehicular access to the property designed so that it does
not create an interference with traffic on surrounding public thoroughfares:
Comment: The subject property is quite accessible, and both roadways and adjacent off and on-
street parking have capacity to serve the proposed use as necessary.
9. The proposed Conditional Use does not result in the destruction, loss, or damage of natural,
scenic, or historic features of major importance:
Comment: The use would restore a fairly attractive single-story building that is currently in minor
disrepair because of its vacancy.
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10. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance
specific to the Conditional Use requested:
Comment: As stated earlier, the dispensary must comply with the Use Standards of Section 12-8-
13.
Variation Findings: Variation requests are subject to the standards set forth in Section 12-3-6(H) of the
Zoning Ordinance. In reviewing these standards, the PZB may use following comments, or may state their
own, as rationale (findings of fact) for recommended approval or denial of the variation:
1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall
establish that carrying out the strict letter of the provisions of this title would create a particular
hardship or a practical difficulty.
Comment: State regulations dictate the dispensary may not use the type of highly transparent
window required by the rules.
2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to
the same provision by reason of a unique physical condition, including presence of an existing
use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape
or size; exceptional topographical features; or other extraordinary physical conditions peculiar
to and inherent in the subject lot that amount to more than a mere inconvenience to the owner
and that relate to or arise out of the lot rather than the personal situation of the current owner
of the lot.
Comment: The subject property is along what is perhaps the most visible and important
pedestrian-oriented corridor in Des Plaines: Miner Street, close to the theatre.
3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or
inaction of the owner or its predecessors in title and existed at the time of the enactment of the
provisions from which a variance is sought or was created by natural forces or was the result of
governmental action, other than the adoption of this title.
Comment: The petitioner did not create the state regulation that they are subject to.
4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a
variance is sought would deprive the owner of the subject lot of substantial rights commonly
enjoyed by owners of other lots subject to the same provision.
Comment: The Building Design Review rules and state cannabis dispensary requirements are
inherently in conflict. Strict adherence to the Building Design Review rules would make the
location of any dispensary very difficult.
5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of
the owner or occupant to enjoy some special privilege or additional right not available to
owners or occupants of other lots subject to the same provision, nor merely the inability of the
owner to make more money from the use of the subject lot.
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Comment: Other uses that are bound by requirements to tint their windows could approach the
City with the same request and it would be reasonable.
6. Title and Plan Purposes: The variation would not result in a use or development of the subject
lot that would be not in harmony with the general and specific purposes for which this title and
the provision from which a variation is sought were enacted or the general purpose and intent
of the comprehensive plan.
Comment: Approval of this variation would lead to one storefront along the Miner Street corridor
that has a non-traditional storefront window set. However, most storefronts will still be the highly
transparent type that is desirable for the corridor. By requiring a variation in this case, the City is
ensuring that the type of windows proposed by the petitioner are the exception not the rule.
7. No Other Remedy: There is no means other than the requested variation by which the alleged
hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable
use of the subject lot.
Comment: To operate the petitioner will need to comply with state regulations and provide a
degree of tint to the windows. They cannot avoid the state regulation.
8. Minimum Required: The requested variation is the minimum measure of relief necessary to
alleviate the alleged hardship or difficulty presented by the strict application of this title.
Comment: The petitioner is proposing partial transparency, so the windows used will have at least
some (not all) of the desired effect and character of storefront windows in the Miner Street
corridor.
PZB Procedure and Recommended Conditions: Under Section 12-3-4(D) (Procedure for Review and
Decision for Conditional Uses) of the Zoning Ordinance, the PZB has the authority to recommend that the
City Council approve, approve subject to conditions, or deny the above-mentioned conditional use and
variation for a cannabis dispensary at 1504 Miner Street. City Council has final authority on the proposal.
Consideration of the request should be based on a review of the information presented by the applicant
and the standards above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the Zoning
Ordinance. If the PZB recommends and City Council ultimately approves the request, staff recommends
the following conditions:
1. The petitioner shall submit to the Des Plaines Police Department, however often is necessary, an
updated list of security personnel with verification of all necessary firearms training.
2. Dispensary windows shall be the type the petitioner used as an example in their application
submittal. Detailed specifications on transparency shall be included with the building permit
application.
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A motion was made by Board Member Catalano, seconded by Board Member Fowler, for to recommend
approval of request for a Conditional Use from Section 12-7-3(K) of the Des Plaines Zoning Ordinance,
as amended, to allow a cannabis dispensary in the C-5 zoning district, as well as a variation from the
Building Design Review standards of Section 12-3-11 related to window transparency, and the approval
of any other such variations, waivers, and zoning relief as may be necessary at 1504 Miner Street.
AYES: Catalano, Fowler, Veremis
NAYES: Szabo
ABSTAIN: None
***MOTION CARRIED ***
ADJOURNMENT
The November 23, 2021 meeting will be canceled. The next scheduled Planning & Zoning Board meeting
is Tuesday, December 14, 2021.
Chairman Szabo adjourned the meeting by voice vote at 8:27 p.m.
Sincerely,
Nancy Peterson, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners
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{00123566.2} 1
CITY OF DES PLAINES
ORDINANCE Z - 57 - 21
AN ORDINANCE GRANTING A CONDITIONAL USE
PERMIT AND MAJOR VARIATION FOR A CANNABIS
DISPENSARY AT 1504 MINER STREET, DES PLAINES,
ILLINOIS.____________________________________________
WHEREAS, Metropolitan Square Plaza, LLC, an Illinois limited liability company
(“Owner”), is the owner of the property commonly known as 1504 Miner Street, Des Plaines,
Illinois (“Subject Property”); and
WHEREAS, the Subject Property is located in the C-5 Central Business District of the
City ("C-5 District"); and
WHEREAS, the Subject Property is improved with one-story building (“Building”) with
facades facing Miner Street (“Miner Street Façade”) and Metropolitan Way; and
WHEREAS, 280E, LLC, an Illinois limited liability company (“Petitioner”), desires to
renovate the interior of the Building, alter the Miner Street Façade; and operate a cannabis
dispensary on the Subject Property (“Cannabis Dispensary”); and
WHEREAS, the Petitioner proposes that D33 Mgmt, LLC, an Illinois limited liability
company (“Operator”), will manage and operate the Cannabis Dispensary; and
WHEREAS, pursuant to Section 12-7-3.K of the City of Des Plaines Zoning Ordinance
of 1998, as amended ("Zoning Ordinance"), the operation of a cannabis dispensary is permitted
in the C-5 District only with a conditional use permit; and
WHEREAS, pursuant to Section 12-3-11.C.2. the Miner Street Façade, as proposed by the
Petitioner, is subject to the Building Design Review requirements set forth in Section 12-3-11 of
the Zoning Ordinance; and
WHEREAS, Section 12-3-11.D.1.a of the Zoning Ordinance defines “transparency” to
mean “the measurement of the percentage of a building façade that has highly transparent,
nonreflectance windows”; and
WHEREAS, Section 12-3-11.D.1.b of the Zoning Ordinance sets forth a minimum
transparency percentage and limitations on blank walls for a street-facing building façade; and
WHEREAS, in order to comply with State licensing requirements for cannabis
dispensaries, the Petitioner proposes to install film on the Miner Street Façade windows that will
render the windows only partially transparent; and
WHEREAS, the Petitioner, with the consent of the Owner and the Operator, submitted an
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application to the City of Des Plaines Department of Community and Economic Development
(“Department”) for approval of: (i) a conditional use permit to allow the operation of a cannabis
dispensary on the Subject Property ("Conditional Use Permit"), in accordance with Sections 12-
7-3.H.3 and 12-7-3.K of the Zoning Ordinance; and (ii) a major variation from Section 12-3-11.D.1
of the Zoning Ordinance to allow partially transparent, reflectance windows on the Miner Street
Facade to satisfy the blank wall limitations, in accordance with Section 12-3-6 of the Zoning
Ordinance (“Variation”)(collectively, the Conditional Use Permit and the Variation are the
“Requested Relief”); and
WHEREAS, the Petitioner's application was referred by the Department to the Planning
and Zoning Board of the City of Des Plaines ("PZB") within 15 days after the receipt thereof; and
WHEREAS, within 90 days from the date of the Petitioner's application a public hearing
was held by the PZB on November 9, 2021 pursuant to notice published in the Des Plaines Journal
on October 20, 2021; and
WHEREAS, notice of the public hearing was mailed to all property owners within 300
feet of the Subject Property; and
WHEREAS, during the public hearing, the PZB heard testimony and received evidence
with respect to how the Petitioner intended to satisfy and comply with the applicable provisions of
the Zoning Ordinance; and
WHEREAS, pursuant to Section 12-3-4 and Section 12-3-6 of the Zoning Ordinance, the
PZB filed a written report with the City Council on November 16, 2021, summarizing the
testimony and evidence presented in the public hearing, and stating the PZB’s vote of three in
favor of recommending approval and one against recommending approval for the Requested Relief
subject to certain terms and conditions; and
WHEREAS, the Petitioner made certain representations to the PZB with respect to the
proposed Conditional Use Permit and Variation, which representations are hereby found by the
City Council to be material and upon which the City Council relies in granting this request for the
Requested Relief; and
WHEREAS, the City Council has considered the written report of the PZB, the applicable
standards for conditional use permits and variations set forth in the Zoning Ordinance, and the
Community and Economic Development Staff Memorandum dated November 23, 2021, including
the attachments and exhibits thereto, and has determined that it is in the best interest of the City
and the public to grant the Petitioner's application in accordance with the provisions of this
Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
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SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof, the same constituting the factual basis for this Ordinance.
SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject
Property is legally described as follows:
LOT 62, (EXCEPT THE SOUTHEASTERLY 32.1 FEET MEASURED ALONG
THE NORTHEASTERLY LINE OF MINER STREET), AND PART OF LOT 63,
(EXCEPT THE NORTHERLY 8 FEET OF SAID LOTS TAKEN FOR ALLEY),
WHICH LIES SOUTHEASTERLY OF A LINE, DRAWING FROM A POINT IN
THE SOUTHWESTERLY LINE OF SAID LOT 63, WHICH IS 20.21 FEET
NORTHWESTERLY FROM THE SOUTHWESTERLY CORNER, TO A POINT
IN THE SOUTHWESTERLY LINE OF THE ALLEY, WHICH IS 20.3 FEET
NORTHWESTERLY FROM THE SOUTHEASTERLY LINE OF THE SAID
LOT, (MEASURED ALONG THE WESTERLY LINE OF THE SAID ALLEY),
IN ORIGINAL TOWN OF RAND, IN THE EAST 1/2 OF THE SOUTHEAST 1/4
OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PINs: 09-17-415-025-0000
Commonly known as: 1504 Miner Street, Des Plaines, Illinois.
SECTION 3. APPROVAL OF CONDITIONAL USE PERMIT. Subject to and
contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this
Ordinance, the City Council grants the Petitioner a Conditional Use Permit to allow the operation
of the cannabis dispensary on the Subject Property. The Conditional Use Permit granted by this
Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-25
of the Illinois Municipal Code, 65 ILCS 5/11-13-25.
SECTION 4. APPROVAL OF VARIATION. Subject to and contingent upon the
conditions, restrictions, limitations and provisions set forth in Section 5 of this Ordinance, the City
Council hereby grants the Variation for the Subject Property to the Petitioner.
SECTION 5. CONDITIONS. The Conditional Use Permit granted in Section 3 of this
Ordinance and the Variation granted in Section 4 of this Ordinance shall be, and are hereby,
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expressly subject to and contingent upon the following conditions, restrictions, limitations, and
provisions:
A. Compliance with Law and Regulations. The development, use, operation, and
maintenance of the Subject Property, by the Owner, the Petitioner, and the Operator must comply
with all applicable City codes and ordinances, as the same have been or may be amended from
time to time, except to the extent specifically provided otherwise in this Ordinance.
B. Compliance with Plans. Except for minor changes and site work approved by the
City Director of Community and Economic Development in accordance with all applicable City
standards, the development, use, operation, and maintenance of the Subject Property by the Owner,
the Petitioner, and the Operator must comply with the following plans as may be amended to
comply with Section 5.C of this Ordinance:
1. That certain “Proposed Window Style” depicted in photos submitted by
Petitioner, attached to and, by this reference, made a part of this Ordinance as Exhibit A;
and
2. That certain “Site Plan,” dated September 24, 2021, prepared by Steep
Architecture Studio, attached to and, by this reference, made a part of this Ordinance as
Exhibit B; and
3. That certain “Floor Plan,” dated September 24, 2021, prepared by Steep
Architecture Studio, attached to and, by this reference, made a part of this Ordinance as,
Exhibit C; and
4. That certain “Proposed Miner Street Elevation,” dated September 24, 2021,
prepared by Steep Architecture Studio, attached to and, by this reference, made a part of
this Ordinance as, Exhibit D.
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C.Additional Conditions. The development, use, and maintenance of the Subject
Property shall be subject to and contingent upon the following conditions:
1. The Petitioner shall submit to the Des Plaines Police Department, at the
frequency determined by the Police Department, an updated and detailed list of security
personnel.
2. The Subject Property’s windows must have substantially the same
appearance as described in the Window Appearance Exhibit, consisting of two (2)
pages, submitted by the Petitioner, prepared by Avery Dennison Graphics Solutions,
and dated November 22, 2021, a copy of which is attached to and, by this reference made
a part of, this Ordinance as Exhibit E (“Window Appearance Exhibit”). The Petitioner
must submit detailed specifications on transparency with the building permit application.
3. No temporary certificate of occupancy or certificate of occupancy will be
issued for the Subject Property unless and until the Petitioner has provided proof that the
Illinois Department of Financial and Processional Regulation has issued a license to
operate a cannabis dispensing organization on the Subject Premises.
SECTION 6. RECORDATION; BINDING EFFECT. A copy of this Ordinance must
be recorded in the Office of the Cook County Recorder of Deeds. This Ordinance and the
privileges, obligations, and provisions contained herein run with the Subject Property and inure to
the benefit of, and are binding upon, the Owner, the Petitioner, and the Operator, and their
respective personal representatives, successors, and assigns, including, without limitation,
subsequent purchasers of the Subject Property.
SECTION 7. NONCOMPLIANCE.
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A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined
not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00)
for each offense. Each and every day that a violation of this Ordinance is allowed to remain in
effect shall constitute a complete and separate offense. In addition, the appropriate authorities of
the City may take such other action as they deem proper to enforce the terms and conditions of
this Ordinance, including, without limitation, an action in equity to compel compliance with its
terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in
addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees.
B. In the event that the Owner, the Petitioner, or the Operator fails to develop or
maintain the Subject Property in accordance with the plans submitted, the requirements of the
Zoning Ordinance, or the conditions set forth in Section 5 of this Ordinance, the Conditional Use
Permit granted in Section 3 and Variation granted in Section 4 of this Ordinance may be revoked
after notice and hearing before the Zoning Administrator of the City, all in accordance with the
procedures set forth in Section 12-4-7 of the Zoning Ordinance. In the event of revocation, the
development and use of the Subject Property will be governed solely by the regulations of the C-
3 District. Further, in the event of such revocation of the Conditional Use Permit and the Variation,
the City Manager and City's General Counsel are hereby authorized and directed to bring such
zoning enforcement action as may be appropriate under the circumstances. The Owner and the
Petitioner acknowledge that public notices and hearings have been held with respect to the
adoption of this Ordinance, have considered the possibility of the revocation provided for in this
Section, and agree not to challenge any such revocation on the grounds of any procedural infirmity
Page 62 of 75
{00123566.2} 7
or any denial of any procedural right, provided that the notice and hearing required by Section 12-
4-7 of the Zoning Ordinance is provided to the Owner and the Petitioner.
SECTION 8. EFFECTIVE DATE.
A. This Ordinance shall be in full force and effect only after the occurrence of the
following events:
1. its passage and approval by the City Council in the manner provided by law;
2. its publication in pamphlet form in the manner provided by law;
3. the filing with the City Clerk by the Owner, the Petitioner, and the Operator
not less than 60 days after the passage and approval of this Ordinance, of an unconditional
agreement and consent to accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance, and demonstrating their respective consent to its
recordation. Said unconditional agreement and consent shall be in substantially the form
attached to and, by this reference, made a part of this Ordinance as Exhibit F; and
4. at the Petitioner's sole cost and expense, the recordation of this Ordinance
together with such exhibits as the City Clerk deems appropriate, with the Office of the
Cook County Recorder.
B. In the event that the Owner, the Petitioner, and the Operator do not file with the
City Clerk a fully executed copy of the unconditional agreement and consent referenced in Section
8.A.3 of this Ordinance, within 60 days after the date of passage of this Ordinance by the City
Council, the City Council shall have the right, in its sole discretion, to declare this Ordinance null
and void and of no force or effect.
Page 63 of 75
{00123566.2} 8
SECTION 9. SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
[ SIGNATURE PAGE TO FOLLOW ]
Page 64 of 75
{00123566.2} 9
PASSED this _____day of ____________, 2021.
APPROVED this _____ day of ____________, 2021.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
______ day of ________________, 2021.
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Approving a Conditional Use Permit and Variation at 1504 Miner Street for a Cannabis Dispensary
Page 65 of 75
Exhibit A Page 66 of 75
N
Exhibit B Page 67 of 75
first floor plandispensary 33
1504 miner st.
des plaines, il
60016
issue :date :
scale : 1/8” = 1’-0”issue for zoning 09/24/2021
N
Exhibit C Page 68 of 75
basement floor
plan
dispensary 33
1504 miner st.
des plaines, il
60016
issue : date :
scale : 1/8” = 1’-0”
issue for zoning 09/24/2021
N
Exhibit C Page 69 of 75
Exhibit D Page 70 of 75
Product Data Sheet
Avery DennisonⓇ Frosted Glass Window Film
Issued: 02/2020
Introduction
Avery Dennison Frosted Glass Window Film is suitable
for decorative and functional graphics on glass windows
and screens, doors and mirrors. Avery Dennison
Frosted Glass Window Film is especially developed for
computer-aided signmaking systems and has a frosted
glass appearance. Avery Dennison Frosted Glass
Window Film is a quality cast film offering an indoor
durability of up to 15 years.
Conversion
Avery Dennison Frosted Glass Film has been especially
developed for conversion on a wide range of
computerised signmaking equipment.
Printability
Avery Dennison frosted Glass Window Film is a good
candidate for screen and digital printing. However a
print test prior to application is strongly recommended.
Face Film
80 micron cast film with frosted glass
appearance
Adhesive
permanent, acrylic based
Backing paper
one side coated bleached kraft paper, 135
g/m2
Durability
Up to 7 years outdoors (vertical exposure)
Shelf life
2 years
stored at 22°C/ 50% RH
Recommendations for use
The Avery Dennison Frosted Glass Window Film is specially developed to create the image of frosted decorations on
glass, as well as functional and manifestation graphics. Avery Dennison Frosted Glass Window Film can be applied
on flat surfaces, and is best used on transparent surfaces like glass, acrylic sheets and polycarbonate materials.
➢Flat surfaces only
➢High tack application tape
➢Application to a substrate with the wet method will facilitate positioning
➢Addition of 0,5 % of neutral detergent to water will give you the right application fluid
➢Water to be removed with a squeegee and firm hand pressure
➢Allow the adhesive to build up sufficient adhesion level (this may take 15-45 minutes!) before application
tape removal
Features
➢Durability: 15 years (indoor) / 7 years (outdoor)
➢Brilliant visual frosted effect
➢Excellent dimensional stability and layflatness during use and application
➢New liner imprint design with square pattern to support manual conversion
➢Easy cutting and weeding
➢Excellent conversion properties on computerised signmaking
➢Excellent adhesion
➢Product width: 1.23m
Window Appearance Exhibit - Film to be Applied:
November 22, 2021
Exhibit E Page 71 of 75
Physical Characteristics
Features Test method1 Results
Caliper, facefilm ISO 534 80 micron
Caliper, facefilm + adhesive ISO 534 115 micron
Gloss ISO 2813, 20° 15%
Dimensional stability DIN 30646 0,20 mm. max
Tensile strength DIN 53445 1 kN/m
Elongation at break DIN 53445 25%
Adhesion, initial FINAT FTM-1, stainless steel 400 N/m
Adhesion, ultimate FINAT FTM-1, stainless steel
Glass
PMMA/Polycarbonate
480 N/m
500 N/m
640 N/m
Flammability Self-extinguishing
Shelf life Stored at 22°C/50%RH 2 years
Durability² Vertical exposure Indoor: 15 years
Outdoor: 7 years
Temperature range
Application temperature
Temperature range
Minimum +10°C
-40°C to +90°C
Chemical resistance
Humidity resistance 200 hours exposure No effect
Water resistance 24 hours immersion No effect
Detergent (1% solution) 24 hours immersion No effect
Detergent solution 65°C 8 hours immersion No effect
Isopropylic Alcohol / Water (20/80) 10 minutes immersion No effect
1) Test methods: More information about our test methods can be found on our website.
2) Durability: durability is based on middle European exposure conditions. Actual performance life will depend on substrate preparation, exposure conditions
and maintenance of the marking. For instance, in the case of signs facing south; in areas of long high temperature exposure such as southern European
countries; in industrially polluted areas or high altitudes, exterior performance will be decreased.
Important notice Information on physical and chemical characteristics and values in this document are based upon tests we believe to be reliable and
do not constitute a warranty. They are intended only as a source of information and are given without guarantee and do not constitute a warranty.
Purchasers should independently determine, prior to use, the suitability of this material to their specific use.
All technical data are subject to change. In case of any ambiguities or differences between the English and foreign versions of this document, the
English version shall be prevailing and leading.
Disclaimer and warranty Avery Dennison warrants that its Products meet its specifications. Avery Dennison gives no other express or implied
guarantees or warranties with respect to the Products, including, but not limited to, any implied warranties of merchantability, fitness for any particular
use and/or non infringement. All Avery Dennison products are sold with the understanding that the purchaser has independently determined the
suitability of such products for its purposes. The period of warranty is one (1) year from the date of shipment unless expressly provided otherwise in
the product data sheet.All Avery Dennison's products are sold subject to Avery Dennison's general terms and conditions of sale, see
http://terms.europe.averydennison.com.Avery Dennison’s aggregate liability to Purchaser, whether for negligence, breach of contract,
misrepresentation or otherwise, shall in no circumstances exceed the price of the defective, non-conforming, damaged or undelivered Products which
give rise to such liability as determined by net price invoices to Purchaser in respect of any occurrence or series of occurrences. In no circumstances
shall Avery Dennison be liable to Purchaser for any indirect, incidental or consequential loss, damage or injury, including without limitation, loss of
anticipated profits, goodwill, reputation, or losses or expenses resulting from third party claims.
Exhibit E Page 72 of 75
{00123566.2} 16
EXHIBIT F
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The City of Des Plaines, Illinois ("City"):
WHEREAS, 280E, LLC (“Petitioner”) applied to the City of Des Plaines for (i) a
conditional use permit to allow a cannabis dispensary use on the Subject Property ("Conditional
Use Permit"), in accordance with Section 12-7-3.K of the City of Des Plaines Zoning Ordinance
of 1998, as amended (“Zoning Ordinance”); and (ii) a major variation from Section 12-3-11.D.1
of the Zoning Ordinance to allow partially transparent, reflective windows to satisfy the blank wall
limitations (“Variation”); and
WHEREAS, the Subject Property is owned by Metropolitan Square LLC (“Owner"), who
consented to the Petitioner's application; and
WHEREAS, the cannabis dispensary will be operated by D33 LLC (“Operator”); and
WHEREAS, Ordinance No. Z-57-21 adopted by the City Council of the City of Des
Plaines on _____________, 2021 ("Ordinance"), grants approval of the Conditional Use Permit
and Variation, subject to certain conditions; and
WHEREAS, the Owner, the Petitioner, and the Operator desire to evidence to the City
their unconditional agreement and consent to accept and abide by each of the terms, conditions,
and limitations set forth in said Ordinance, and their consent to recording the Ordinance and this
Unconditional Agreement and Consent against the Subject Property;
NOW, THEREFORE, the Owner, the Petitioner, and the Operator do hereby agree
and covenant as follows:
1. The Owner, the Petitioner, and the Operator hereby unconditionally agree to accept,
consent to and abide by all of the terms, conditions, restrictions, and provisions of
that certain Ordinance No. Z-57-21, adopted by the City Council on
______________, 2021.
2. The Owner, the Petitioner, and the Operator acknowledge and agree that the City
is not and shall not be, in any way, liable for any damages or injuries that may be
sustained as a result of the City's review and approval of any plans for the Subject
Property, or the issuance of any permits for the use and development of the Subject
Property, and that the City's review and approval of any such plans and issuance of
any such permits does not, and shall not, in any way, be deemed to insure the
Owner, the Petitioner, and the Operator against damage or injury of any kind and
at any time.
3. The Owner, the Petitioner, and the Operator acknowledge that the public notices
and hearings have been properly given and held with respect to the adoption of the
Page 73 of 75
{00123566.2} 17
Ordinance, have considered the possibility of the revocation provided for in the
Ordinance, and agree not to challenge any such revocation on the grounds of any
procedural infirmity or any denial of any procedural right, provided that the
procedures required by Section 12-4-7 of the City's Zoning Ordinance are followed.
4. Petitioner agrees to and do hereby hold harmless and indemnify the City, the City's
corporate authorities, and all City elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all claims that may,
at any time, be asserted against any of such parties in connection with (a) the City's
review and approval of any plans and issuance of any permits, (b) the procedures
followed in connection with the adoption of the Ordinance, (c) the development,
construction, maintenance, and use of the Subject Property, and (d) the performance
by Petitioner of its obligations under this Unconditional Agreement and Consent.
5. Petitioner hereby agrees to pay all expenses incurred by the City in defending itself
with regard to any and all of the claims mentioned in this Unconditional Agreement
and Consent. These expenses shall include all out-of-pocket expenses, such as
attorneys' and experts' fees, and shall also include the reasonable value of any
services rendered by any employees of the City.
[SIGNATURE PAGE FOLLOWS]
Page 74 of 75
{00123566.2} 18
ATTEST: 280E LLC
By: By: Zachary Zises
SUBSCRIBED and SWORN to Its:_________________________________
before me this _______ day of
___________________, 2021.
Notary Public
ATTEST: METROPOLITAN SQUARE LLC
By: By:__ __________________
SUBSCRIBED and SWORN to Its:_________________________________
before me this _______ day of
___________________, 2021.
Notary Public
ATTEST: D33 LLC
By: By:__________
SUBSCRIBED and SWORN to Its:_________________________________
before me this _______ day of
___________________, 2021.
Notary Public
Page 75 of 75