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11/21/2016 Monday, November 21, 2016 Regular Session – 7:00 p.m. Room 102 CALL TO ORDER REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS | CONSENT AGENDA 1. Approve New Class A Tavern Liquor License for La Donita Restaurant, Inc., 598 Potter Road, Des Plaines, IL 1a. ORDINANCE M-56-16: An Ordinance Amending the City Code to Add One Class A Liquor License 2. Approve New Class B1 Bulk Sales Liquor License for Sam’s Farmers Market LLC, 1045 Oakton Street, Des Plaines, IL 2a. ORDINANCE M-57-16: An Ordinance Amending the City Code to Add One Class B1 Liquor License 3. Approve Renewal of Lobbyist Services Contract with Alfred G. Ronan, Ltd., 328 S. Oak Park Avenue, Oak Park, Illinois from 12/1/2016 to 11/30/2017 in the amount of $5,000.00 per month. Budgeted Funds – Legislative/Professional Services. 3a. RESOLUTION R-175-16: A Resolution Approving an Agreement with Alfred G. Ronan, Ltd., for Intergovernmental and Legislative Advocacy Services 4. Approve Master Contract with Haeger Engineering, LLC, 100 East State Parkway, Schaumburg, IL 60173 for Engineering Services 4a. RESOLUTION R-176-16: A Resolution Approving a Master Contract with Haeger Engineering, LLC, for Professional Engineering Services 5. Approve Des Plaines River Road Streetscape Enhancements – Engineering Services Task Order No. 6 in the Not-to-Exceed Amount of $83,375. Budgeted Funds – Capital Project Funds. 5a. RESOLUTION R-177-16: A Resolution Approving Task Order No. 6 with Christopher B. Burke Engineering, Ltd., for Professional Engineering Services 6. 2016 Tax Levy Abatement Ordinances a. SECOND READING – ORDINANCE M-33-16: Abatement – 2007A and 2007B General Obligation Refunding Bonds b. SECOND READING – ORDINANCE M-34-16: Abatement – 2008A Taxable General Obligation Refunding Bonds c. SECOND READING – ORDINANCE M-35-16: Abatement – 2009A Taxable General Obligation Refunding Bonds d. SECOND READING – ORDINANCE M-36-16: Abatement – 2009B General Obligation Refunding Bonds e. SECOND READING – ORDINANCE M-37-16: Abatement – 2010A and 2010B General Obligation Refunding Bonds f. SECOND READING – ORDINANCE M-38-16: Abatement – 2011 General Obligation Refunding Bonds g. SECOND READING – ORDINANCE M-39-16: Abatement – 2012 General Obligation Refunding Bonds h. SECOND READING – ORDINANCE M-40-16: Abatement – 2013 Taxable General Obligation Refunding Bonds i. SECOND READING – ORDINANCE M-41-16: Abatement – 2014A Taxable General Obligation Refunding Bonds and 2014B General Obligation Refunding Bonds | 7. 2016 Tax Levy Ordinances for Special Service Areas a. SECOND READING – ORDINANCE M-42-16: 2016 Tax Levy, Special Service Area #5 (Westfield Lane Water Main) in the Amount of $3,782 b. SECOND READING – ORDINANCE M-43-16: 2016 Tax Levy, Special Service Area #6 (Parking Lot Improvement, 2150-2172 Chestnut Street) in the Amount of $981 c. SECOND READING – ORDINANCE M-44-16: 2016 Tax Levy, Special Service Area #7 (Parking Lot Improvement, Woodland Townhomes) in the Amount of $12,000 d. SECOND READING – ORDINANCE M-45-16: 2016 Tax Levy, Special Service Area #8 (Curbs, Gutters for Crabtree Lane) in the Amount of $4,200 e. SECOND READING – ORDINANCE M-46-16: 2016 Tax Levy, Special Service Area #9 (Parking Lot Improvement, 624-640 West Algonquin Road) in the Amount of $2,315 f. SECOND READING – ORDINANCE M-47-16: 2016 Tax Levy, Special Service Area #10 (Parking Lot Improvement, 642-658 West Algonquin Road) in the Amount of $2,936 g. SECOND READING – ORDINANCE M-48-16: 2016 Tax Levy, Special Service Area #11 (Rear Yard Drainage, 138, 158, 273, 283, 170 and 180 Drake Lane) in the Amount of $2,096 h. SECOND READING – ORDINANCE M-49-16: 2016 Tax Levy, Special Service Area #12 (Rear Yard Drainage, 948 and 956 Greenview Avenue) in the Amount of $979 i. SECOND READING – ORDINANCE M-50-16: 2016 Tax Levy, Special Service Area #13 (Rear Yard Drainage, 1318, 1330 and 1340 Phoenix Drive and 1325 & 1335 Miami Lane) in the Amount of $1,566 j. SECOND READING – ORDINANCE M-51-16: 2016 Tax Levy, Special Service Area #14 (Rear Yard Drainage, 2132, 2140, and 2148 Plainfield Drive) in the Amount of $830 k. SECOND READING – ORDINANCE M-52-16: 2016 Tax Levy, Special Service Area #15 (Rear Yard Drainage, 345 and 353 Ardmore Road) in the Amount of $1,643 8. SECOND READING – ORDINANCE M-54-16: An Ordinance Declaring Personal Property Owned by the City of Des Plaines as Surplus 9. SECOND READING – ORDINANCE Z-27-16: An Ordinance Authorizing the Sale of Real Property to Opus Development and ORDINANCE Z-28-16: An Ordinance Vacating and Abrogating a Public Easement Over Property Located on Ellinwood Street END OF CONSENT AGENDA | COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION – Alderman Don Smith, Chair a. Warrant Register in the Amount of $3,899,735.91 – RESOLUTION R-178-16 2. COMMUNITY DEVELOPMENT – Alderman Mike Charewicz, Chair a. Consideration of Text Amendment to Section 12-3-5.B and 12-11-6.B of the Zoning Code, Allowing a Planned Unit Development in the R-1 Zone and Amending Regulations for Electronic Message Board Signs, Case #16-071-TA – ORDINANCE Z-29-16 and ORDINANCE Z-30-16 b. Class 6b Renewal Request for the James Campbell Company, 1333-1347 South Mt. Prospect Road 3. LEGAL & LICENSING – Alderman Patricia Haugeberg, Chair a. Discussion Regarding Residency for Department Directors b. Consideration of Internal Investigation Regarding Ethics Code Violation – RESOLUTION R-179-16 (back-up material to follow) IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE FOLLOWING CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE COMMITTEE CHAIRMAN UNDER “NEW BUSINESS” UNFINISHED BUSINESS 1. SECOND READING – ORDINANCE M-28-16: Approve Ordinance Amending Chapter 9 of Title 1 of the City of Des Plaines City Code (deferred from 10/17/2016 and 11/7/2016 City Council Agendas) 2. ORDINANCE M-31-16, As Amended: An Ordinance Amending Chapter 3 of Title 4 of the City of Des Plaines City Code Regarding Occasional Residential Sales (deferred from 11/7/2016 City Council Agenda) NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-178-16: Warrant Register in the amount of $3,899,735.91 2. a. ORDINANCE Z-29-16: An Ordinance Amending the Text of the City Zoning Ordinance Regarding Electronic Message Boards (Case #16-071-TA) and ORDINANCE Z-30-16: An Ordinance Amending the Text of the City Zoning Ordinance Regarding Planned Unit Development Standards (Case #16- 045-TA) b. n/a 3. a. n/a b. RESOLUTION R-179-16: Approve Resolution Regarding Internal Investigation of Ethics Code Violation | MANAGER’S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who req uire certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the meeting(s) or facilities, contact the ADA Coordinator at 391 -5486 to allow the City to make reasonable accommodations for these persons. 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: November 2, 2016 To: Honorable Aldermen From: Matthew J. Bogusz, Local Liquor Commissioner Cc: Vickie Baumann, Secretary/Licensing Division Subject: Liquor License Request for a New License Increase Attached please find a Liquor License request for the following applicant: La Donita Restaurant Inc 598 Potter Road Class A – Tavern / 250 seats or less (consumption on premises) Increase from 29 to 30 The complete application packet is on file in the Community and Economic Development Department. The required posting will be completed on November 14, 2016 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 21, 2016. Matthew J. Bogusz Mayor Local Liquor Commissioner Attachments: Ordinance Application Packet Page 1 of 7 1 CITY OF DES PLAINES ORDINANCE M - 56 - 16 AN ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE. ______ WHEREAS, LaDonita Restaurant, Inc. ("Applicant"), submitted an application to the Department of Community and Economic Development for a new Class A (Tavern) liquor license for the premises located at 598 Potter Road, Des Plaines, Illinois ("Premises"), pursuant to Chapter 4 of Title 4 of the Des Plaines City Code ("City Code"); and WHEREAS, the City desires to issue one Class A liquor license to the Applicant for the Premises; and WHEREAS, the City Council has determined that it is in the best interest of the City to grant the Applicant a Class A liquor license for the Premises; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the City Council. SECTION 2: APPROVAL OF LIQUOR LICENSE. The City Council hereby grants the Applicant a Class A Liquor License for the Premises. SECTION 3: FEE SCHEDULE. Section 1, titled “Fee Schedule,” of Chapter 18, titled "Schedule of Fees," of Title 4, titled “Business Regulations,” of the City Code is hereby amended further to read as follows: 4-18-1: FEE SCHEDULE: Section Fee Description Number Term Fee New 4-4-5A License Fees and Number Class Number Term Initial Fee Annual Fee Class A 2930 Annual $3,850.00 $1,925.00 [The remainder of the Fee Schedule is unchanged.] Page 2 of 7Attachment 1 2 SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel [Deleted text is struck through; inserted text is bold and double underlined.] DP-Ordinance Add One Class A Liquor License for LaDonita Restaurant 598 Potter Road Page 3 of 7Attachment 1 Page 4 of 7Attachment 1 Page 5 of 7Attachment 1 Page 6 of 7Attachment 1 Page 7 of 7Attachment 1 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: November 2, 2016 To: Honorable Aldermen From: Matthew J. Bogusz, Local Liquor Commissioner Cc: Vickie Baumann, Secretary/Licensing Division Subject: Liquor License Request for a New License Increase Attached please find a Liquor License request for the following applicant: Sam’s Farmers Market LLC 1045 Oakton St Class B1 – Bulk Sales /Alcohol is not the primary retail (no consumption on premises) Increase from 17 to 18 The complete application packet is on file in the Community and Economic Development Department. The required posting will be completed on November 14, 2016 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 21, 2016. Matthew J. Bogusz Mayor Local Liquor Commissioner Attachments: Ordinance Application Packet Page 1 of 8 1 CITY OF DES PLAINES ORDINANCE M - 57 - 16 AN ORDINANCE AMENDING THE CITY CODE TO ADD O N E C L A S S B 1 L I Q U O R L I C E N S E . WHEREAS, Sam’s Farmer’s Market, LLC ("Applicant") submitted an application to the Department of Community and Economic Development for a Class B1 liquor license for the premises located at 1045 Oakton Street, Des Plaines, Illinois ("Premises"), pursuant to Chapter 4 of Title 4 of the Des Plaines City Code ("City Code"); and WHEREAS, the City desires to issue one Class B1 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 B1 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 B1 Liquor License for the Premises. SECTION 3: FEE SCHEDULE. Section 1, titled “Fee Schedule,” of Chapter 18, titled "Schedule of Fees," of Title 4, titled “Business Regulations,” of the City Code is hereby amended further to read as follows: 4-18-1: FEE SCHEDULE: Section Fee Description Number Term Fee New 4-4-5A License Fees and Number Class Number Term Initial Fee Annual Fee Class B1 1718 Annual $3,630.00 $1,815.00 [The remainder of the Fee Schedule is unchanged.] Page 2 of 8Attachment 1 2 SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. PASSED this _____day of ____________, 2016. A P P R O V E D this _____ day of ____________, 2016. V O T E : AYES _____ NAYS _____ ABSENT ______ M A Y O R ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l [Deleted text is struck through; inserted text is bold and double underlined.] DP-Ordinance Add One Class B Liquor License for Sam’s Farmers Market 1045 Oakton St Page 3 of 8Attachment 1 Page 4 of 8Attachment 1 Page 5 of 8Attachment 1 Page 6 of 8Attachment 1 Page 7 of 8Attachment 1 Page 8 of 8Attachment 1 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5488 desplaines.org Date: November 3, 2016 To: Mayor and Aldermen of the City Council From: Michael G. Bartholomew, City Manager Subject: Lobbyist Services Agreement with Alfred G. Ronan, Ltd Issue: The City seeks continued representation in Springfield on important legislative matters. The proposed FY 2017 Budget includes funding in an amount of $110,000 for professional services associated with retaining lobbyists to represent the City of Des Plaines in Springfield and before other State agencies. Analysis: For the past decade, the City has regularly employed a lobbyist to represent the City and advocate on behalf of the City before the General Assembly, the Governor’s Office, and other state departments and agencies. Since 2011, the City utilized the firm of Alfred G. Ronan, Ltd., to lobby on important matters impacting Des Plaines, including the ongoing efforts of the General Assembly to expand gaming in Illinois. The services of Ronan’s firm cost to the City of $5,000 per month. Recommendation: Staff recommends that the City retain the services of Alfred G. Ronan, Ltd., for the period of December 1, 2016 through November 30, 2017, at a cost not-to-exceed $60,000. Attachments: Resolution R-175-16 Exhibit A - Agreement Page 1 of 6 1   CITY OF DES PLAINES RESOLUTION R - 175 - 16 A RESOLUTION APPROVING AN AGREEMENT WITH ALFRED G. RONAN, LTD., FOR INTERGOVERNMENTAL AND LEGISLATIVE ADVOCACY SERVICES. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated $110,000 in funds for the procurement of advocacy services during the 2017 fiscal ye a r t o r e p r e s e n t t h e C i t y ' s i nterests to the Illinois General Assembly, office of the Illinois Governor, and State of Illinois departments and agencies ("Services"); and WHEREAS, in accordance with Chapter 10 of Title 1 of the City of Des Plaines City Code and the City’s purchasing policy, the City has determined that procurement of the Services does not require competitive bidding because the Services require a high degree of professional skill where the ability or fitness of the individual plays an important part; and WHEREAS, Alfred G. Ronan, Ltd. ("Consultant"), has performed the Services for the City in the past to the City's satisfaction, and the City has a satisfactory relationship with Consultant; and WHEREAS, the City desires to enter into a one-year agreement commencing o n December 1, 2016 with Consultant to procure the Services in the amount of $5,000 per month and in the total not-to-exceed amount of $60,000 ("Agreement"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the final Agreement. Page 2 of 6Attachment 1 2   SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. P A S S E D this ___ day of _________________, 2016. A P P R O V E D this ___ day of ____________________, 2016. V O T E : AYES _____ NAYS _____ ABSENT _____ M A Y O R A T T E S T : A p p r o v e d a s t o f o r m : C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l DP-Resolution Approving Agreement with Alfred G Ronan Ltd for Lobbying Services thru 11-30-17 Page 3 of 6Attachment 1 1 GOVERNMENTAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT, made and entered into as of this 1st day of December, 2016, by and between Alfred G. Ronan, Ltd., a consulting firm with offices at 328 S. Oak Park Ave., Suite 1, Oak Park, IL 60302 (hereinafter called “Ronan”), and the City of Des Plaines with its principal offices at 1420 Miner Street, Des Plaines, IL 60016 (hereinafter called “City”). WITNESSETH: WHEREAS, THE CITY wishes to retain Alfred G. Ronan, Ltd. to perform certain lobbying services (hereinafter more particularly described) on behalf of the City and its subsidiaries in the State of Illinois; and WHEREAS, ALFRED G. RONAN, LTD. has represented to the City that it is capable and is willing to undertake the performance of lobbying services in the State of Illinois. NOW, THEREFORE, in consideration of the payments to be made to Alfred G. Ronan, Ltd., as herein provided, and the mutual agreements herein contained, the parties agree as follows: 1. Terms and Termination. (a) This agreement shall be effective as of December 1, 2016, and shall continue in full force and effect through November 30, 2017; provided, however, that should Alfred G. Ronan, Ltd.’s performance of the lobbying services prove unsatisfactory to the City, the City may terminate this Agreement at any time without liability upon thirty (30) days’ written notice to Alfred G. Ronan, Ltd., and provided further, however, that the City may terminate this Agreement with respect to itself pursuant to Section 4. (b) For and in consideration of Ronan’s performance of services in accordance with the terms and conditions of this agreement, the City shall pay Ronan, a fee of $5,000 per month, payable upon monthly invoice. (c ) It is understood and agreed that the compensation recited within this section includes usual and ordinary costs and expenses. If Ronan determines that there is a need to incur extraordinary costs and expenses in the performances of services hereunder, then in that event, City shall reimburse Ronan for the same, provided the nature, amount and circumstances thereof are fully disclosed to and approved by an authorized representative designated by the City prior to the time the same are incurred, and upon receipt of a detailed accounting of all such extraordinary costs and expenses. 2. Lobbying and Governmental Consulting Services. (a) The City hereby retains Ronan, and Ronan, hereby undertakes to exercise its best efforts to protect and promote the business, products, reputation and interests of the City and its Subsidiaries in the State of Illinois performing lobbying services (hereby called “Services”). Such Services shall include, but not be limited to, the following: Page 4 of 6Exhibit A 2 (i) Monitoring and keeping the City apprised on a regular basis of all legislation, bills, amendments, and regulatory activity now pending or proposed, or which may be proposed during the term hereof, in the Illinois state legislature or in any agency or department of the State of Illinois, pertaining to the business, products, reputation or interests of the City or its subsidiaries; and (ii) Providing the City with information and guidance as to the matters described herein and making recommendations as to appropriate actions which should be taken consistent with the objectives of this Agreement; and (iii) Lobbying efforts with Key legislative or regulatory officials and their staffs, on matters pertaining to the business, products, reputation or interests of the City or its subsidiaries; and (iv) On instructions from an authorized representative, undertaking such actions as the City may deem appropriate and consistent with the objectives of this Agreement, which actions shall include, but not be limited to, appearing and/or testifying at hearings and promote the interests of the City and its subsidiaries with respect to matters and/or proceedings proposed or pending before legislative, administrative and/or executive governmental bodies. The procurement of funding for City capital projects as direct by the City. (b) Ronan shall maintain close liaison and frequent communication with the authorized representatives designated by the City, particularly during critical periods or on priority items. (c) Alfred G. Ronan, Ltd. Shall provide the City with monthly written reports on its activities. 3. Confidentiality. Inasmuch as in the rendering of Services hereunder, Ronan, its associates and employees may acquire confidential information and data concerning the business and operations of, or belonging to the City, and additional information and data will be made available to or developed by Ronan; Ronan agrees to treat and maintain all such information and data as the City’s confidential property and not to divulge it to others at any time or use it for private purposes or otherwise, except as such use or disclosure may be required in connection with performance of the Services or as may be consented to by the City, unless and until such information becomes a part of the public domain or Ronan legally acquires such information without restriction on disclosure from sources other than the City or other companies with whom the City has a business relationship. 4. Relationship with Other Clients. In the event that a possible conflict of interest arises at any time during the term of this Agreement between the interests of the City or its subsidiaries and those of Ronan’s other clients, Ronan agrees to promptly notify the City and shall, if so directed by the City refrain from performing services with respect to such area of competing Page 5 of 6Exhibit A 3 interest. Ronan agrees that the City shall have the right to terminate this Agreement without liability upon written notice to Ronan, if, in the City’s judgment, upon reasonable basis, Ronan’s representation of its other clients conflicts with the best interests of the City’s or its subsidiaries. In interpreting the above provision, the parties agree that Ronan’s number one priority is to maintain or strengthen funds available to the City. The parties acknowledge that Ronan’s objective in representing the City of Des Plaines is to maximize revenues sources as identified and directed by the City. Ronan’s representation of other entities does not result in a conflict as long as said representation does not conflict with this objective. 5. Independent Contractor. Alfred G. Ronan, Ltd is and shall act as an independent contractor in performing Services hereunder. 6. Non-Assignment. This Agreement shall be personal to the parties hereto and no party shall (by operation of law or otherwise) transfer or assign its rights or delegate its performance hereunder; and any such transfer, assignment or delegation shall be void and of no effect. 7. Miscellaneous. (a) This agreement constitutes the full understanding of the parties and a complete allocation of risks between them and a complete and exclusive statement of the terms and conditions of their agreement relating to Ronan’s performing services hereunder and supersedes any and all prior agreements, whether written or oral between the parties. No waiver by any party with respect to any breach or default or of any right or remedy, nor any course of dealing, shall be deemed to constitute a continuing waiver or any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. (b) All provisions of this Agreement are severable and any provision which may be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. Alfred G. Ronan, Ltd City of Des Plaines By ______________________ By ______________________ Alfred G. Ronan Michael G. Bartholomew Title: President Title: City Manager Page 6 of 6Exhibit A PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: November 1, 2016 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Engineering Services Master Contract - Haeger Engineering, LLC Issue: The City had a master contract with Haeger Engineering, LLC, a professional engineering consulting firm, which has expired and requires renewal. 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. The City’s general counsel has provided an updated master consulting agreement for the consultant to execute that will expire December 31, 2019. Recommendation: We recommend approval of the new master contract with Haeger Engineering, LLC, 100 East State Parkway, Schaumburg, IL 60173 for professional engineering services. Attachments: Resolution R-176-16 Exhibit A – Haeger Engineering Master Contract MEMORANDUM Page 1 of 27 1 CITY OF DES PLAINES RESOLUTION R - 176 - 16 A RESOLUTION APPROVING A MASTER CONTRACT WITH HAEGER ENGINEERING, LLC, 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 engineering services for the City as such services are needed over time ("Engineering Services"); and WHEREAS, Haeger Engineering, LLC ("Consultant"), 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 Consultant to perform Engineering Services as required by the City ("Master Contract") pursuant to task orders issued by the City in accordance with Chapter 10 of Title 1 of the City Code of the City of Des Plaines, the City’s purchasing policy, and the Master Contract; and WHEREAS, in accordance with Chapter 10 of Title 1 of the City Code of the City of Des Plaines and the City purchasing policy, City staff has determined that the procurement of the Engineering Services does not require competitive bidding because the Engineering Services require a high degree of professional skill and judgment where the ability or fitness of the individual plays an important part; and WHEREAS, the City Council has determined that is in the best interest of the City to enter into the Master Contract with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF 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 only after receipt by the City Clerk of at least two executed copies of the Master Contract from Consultant; provided, however, that if the City Clerk Page 2 of 27 2 does not receive such executed copies of the Master Contract from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal the Master Contract 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 ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Master Contract with Haeger Engineering for Professional Engineering Services Page 3 of 27 Master Contract Between the City of Des Plaines And Haeger Engineering, L.L.C. For Engineering Services Exhibit A Page 4 of 27 City of Des Plaines Professional Services Master Contract Engineering Services i Master Contract Between the City of Des Plaines And Haeger Engineering, L.L.C. For 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..................................................................2 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. .......................................................................................................................3 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 ................................................3 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. ...............................................................................................4 3.7 Time of the Essence. ................................................................................................5 Exhibit A Page 5 of 27 City of Des Plaines Professional Services Master Contract Engineering Services ii 3.8 Suspension of Services, Project. ..............................................................................5 ARTICLE 4. TASK CHANGE ORDERS; DELAYS .....................................................................5 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. .....................................................................................................................6 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. ................................................................7 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. ................................................................................9 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. ............................................................................10 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 Engineering Services iii ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .......................11 9.1 Consultant as Independent Consultant. ..................................................................11 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 Engineering Services -1- Master Contract Between The City of Des Plaines And Haeger Engineering, L.L.C. For Engineering Services This contract (the “Master Contract”) is dated as of December 1, 2016 (the “Effective Date”) and is by and between the City of Des Plaines (the “City”) and Haeger Engineering, L.L.C. (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 $10,000 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, 2019 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. Exhibit A Page 8 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -2- 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 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. Exhibit A Page 9 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -3- 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, 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.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. PERFORMANCE OF PROJECT AND SERVICES Exhibit A Page 10 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -4- 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.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.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.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.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.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. Exhibit A Page 11 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -5- (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. 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 Exhibit A Page 12 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -6- 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 $10,000 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. 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 Exhibit A Page 13 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -7- 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. (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 Exhibit A Page 14 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -8- 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. (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. Exhibit A Page 15 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -9- (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 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. Exhibit A Page 16 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -10- 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 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) Exhibit A Page 17 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -11- 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 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. Exhibit A Page 18 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -12- 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 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. Exhibit A Page 19 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -13- 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: If to the City: with a copy to: City of Des Plaines City of Des Plaines Public Works and Engineering Department 1420 Miner Street 1420 Miner Street Des Plaines 60016 Des Plaines, Illinois 60016 Attn: City Manager Attn: Public Works and Engineering Director Exhibit A Page 20 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -14- If to the Consultant: with a copy to: Haeger Engineering, L.L.C. ____________________ 100 East State Parkway ____________________ Schaumburg, IL 60173 ____________________ Attn: _______________ Attn: _______________ 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 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. Exhibit A Page 21 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -15- 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 HAEGER ENGINEERING, L.L.C. By: ______________________________ By: ______________________________ Name: Michael G. Bartholomew Name: ______________________________ Title: City Manager Title: ________________ #26028441_v1 Exhibit A Page 22 of 27 City of Des Plaines Professional Services Master Contract 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 Haeger Engineering, L.L.C. (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 REMAIN UNCHANGED [signature page follows] Exhibit A Page 23 of 27 City of Des Plaines Professional Services Master Contract Engineering Services -2- CITY HAEGER ENGINEERING, L.L.C. _______________________________ __________________________________ Signature Signature Director of Public Works __________________________________ And Engineering Name (Printed or Typed) ____________________, 20____ ____________________, 20____ Date Date If greater than, $2,500, the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 20____ Date If greater than $10,000, the City Council must approve the Task Order in advance and the City Manager's signature is required. _______________________________________ Signature City Manager ____________________, 20____ Date Exhibit A Page 24 of 27 . consulting engineers ∙ land surveyors www.haegerengineering.com HAEGER ENGINEERING 100 East State Parkway Schaumburg, Illinois 60173 tel: 847.394.6600 fax: 847.394.6608 Rates (effective January 1, 2015) Man-Hour Rates Principal $130.00 - $150.00 Associate 110.00 - 130.00 Project Engineer 90.00 - 110.00 Engineer 70.00 - 90.00 Professional Land Surveyor 100.00 - 120.00 Land Surveyor 80.00 - 100.00 Resident Engineer 80.00 - 100.00 Senior Technician 70.00 - 90.00 Technician 50.00 - 70.00 Administrative 50.00 - 70.00 Survey Crew One Man 110.00 Survey Crew Chief 90.00 Survey Crew Technician 50.00 Survey Crew One Man Premium Time 130.00 Survey Crew Chief Premium Time 110.00 Survey Crew Technician Premium Time 70.00 Survey Crew One Man Double Time 150.00 Survey Crew Chief Double Time 130.00 Survey Crew Technician Double Time 90.00 Notes: 1.) A survey party consists of a crew chief and one or more technicians. 2.) Crew rates include a Robotic Total Station or GPS equipment. 3.) Premium Time occurs when work is requested / required on Saturday or after 8 hours per day. 4.) Double Time occurs when work is requested / required on Sunday or Official Holiday. Printing Rates Large Format 20# Bond, Black & White $0.25 / SF 20# Bond, Color $0.60 / SF 24# Bright White, Color $1.00 / SF Mylar / Film, Black & White $1.75 / SF Matte / Glossy, Color $2.00 / SF Small Format 8.5 x 11 Black & White on Bond $0.15 Each 11 x 17 Black & White on Bond $0.30 Each 8.5 x 11 Color on Bond $0.35 Each 11 x 17 Color on Bond $0.70 Each 8.5 x 11 Color on Matte / Glossy $0.50 Each 11 x 17 Color on Matte / Glossy $1.00 Each Note: All other Reimbursable Expenses will be charged at cost plus 10%. ATTACHMENT B- PRICING SCHEDULE Exhibit A Page 25 of 27 City of Des Plaines Professional Services Master Contract 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 Haeger Engineering, L.L.C. (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 CONTRACT REMAIN UNCHANGED [signature page follows] Exhibit A Page 26 of 27 City of Des Plaines Professional Services Master Contract Engineering Services Task Change Order: Task Number ___ -2- CITY HAEGER ENGINEERING, L.L.C. _______________________________ __________________________________ Signature Signature Director of Public Works __________________________________ And Engineering Name (printed or typed) ____________________, 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 $10,000, then the City Council must approve the Task Change Order in advance and the City Manager'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 2, 2016 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Des Plaines River Road Streetscape Improvements – Engineering Services Task Order No 6 Issue: Design engineering services are required for the Des Plaines River Road Streetscape Improvements from Prairie Avenue to Perry Street that will be constructed in connection with the upcoming Des Plaines River Road Reconstruction project from Algonquin Road to Rand Road. The City is responsible for designing the streetscape enhancements that the Illinois Department of Transportation (IDOT) does not provide. Analysis: Previously, Christopher B. Burke Engineering, LTD (CBBEL) has prepared design plans for all three phases of the downtown streetscape. Since CBBEL has intimate knowledge of the improvements needed, we contacted them to submit a proposal to prepare final plans and specifications for inclusion in IDOT’s roadway plans. These design plans will then be incorporated with the Des Plaines River Road Reconstruction plans that the City will bid out in early 2017 (subject to State funding) in accordance with our jurisdictional transfer agreement (R-78-14) that we entered into with IDOT. Task Order Number 6 is presented in accordance with our current master project agreement with CBBEL in the not to exceed amount of $83,375. Recommendation: We recommend approval of Task Order Number 6 with Christopher B. Burke Ltd., 9575 West Higgins Road, Suite 600, Rosemont, IL 60018 in the not to exceed amount of $83,375.00. Source of funding would be budgeted TIF #1 funds. Attachments: Resolution R-177-16 Exhibit A – CBBEL Task Order No. 6 MEMORANDUM Page 1 of 11 1 CITY OF DES PLAINES RESOLUTION R - 177 - 16 A RESOLUTION APPROVING TASK ORDER NO. 6 WITH CHRISTOPHER B. BURKE ENGINEERING, 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 Council approved Resolution R-34-16, which authorized the City to enter into a Master Contract with Christopher B. Burke Engineering, Ltd. ("Consultant"), to perform certain engineering services for the City as such services are needed over time; and WHEREAS, the City desires to procure professional engineering services to prepare final plans and specifications for the streetscape improvements which will be incorporated into the River Road Reconstruction Project ("Engineering Services"); and WHEREAS, in accordance with Chapter 10 of Title 1 of the City Code of the City of Des Plaines and the City purchasing policy, City staff has determined that the procurement of the Engineering Services does not require competitive bidding because the Engineering Services require a high degree of professional skill and judgment where the ability or fitness of the individual plays an important part; and WHEREAS, the City has a satisfactory existing relationship with the Consultant, which has satisfactorily performed engineering services for the City in the past; and WHEREAS, the City requested a proposal from Consultant to perform the Engineering Services; and WHEREAS, Consultant submitted a proposal in the not-to-exceed amount of $83,375.00 to perform the Engineering Services; and WHEREAS, the City has sufficient funds in the TIF #1 Fund for the procurement of the Engineering Services from Consultant; and WHEREAS, the City desires to enter into Task Order No. 6 under the Master Contract for the procurement of the Engineering Services from Consultant in the not-to-exceed amount of $83,375.00 ("Task Order No. 6"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 6 with Consultant; Page 2 of 11 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF TASK ORDER NO. 6. The City Council hereby approves Task Order No. 6 in the not-to-exceed amount of $83,375.00, in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE TASK ORDER NO. 6. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 6 only after receipt by the City Clerk of at least one executed copy of final Task Order No. 6 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of final Task Order No. 6 from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal final Task Order No. 6 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 ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Task Order No 6 with Christopher B Burke for Engineering Services Page 3 of 11 TASK ORDER NO. 6 TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR CONSTRUCTION ENGINEERING SERVICES In accordance with Section 1.2 of the Master Contract dated February 16, 2016 between the City of Des Plaines (the “City”) and Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Rosemont, Illinois 60018 (the “Consultant”), the Parties agree to the following Task Number 6: 1. Contracted Services: The Consultant will perform the services described in the "Scope of Services" set forth in the “Proposal for Construction Documents for City Master Plan – Phase 4: River Road Streetscape Enhancements (Prairie Ave to Perry St) prepared by the Consultant submitted to the City, and dated October 13, 2016 ("Proposal"). 2. Project Schedule: The project schedule is reflected in the attached Proposal under “Anticipated Schedule on Page 4 of 5. 3. Project Completion Date: The Consultant will diligently and continuously prosecute the Services until their completion. 4. Project Specific Pricing (if applicable): In exchange for the Contracted Services, the Consultant will receive compensation on a time and materials basis in the amounts set forth in the Pricing Schedule attached to the Master Contract as Attachment B, but in no event will the compensation paid to the Consultant exceed $83,375.00 as set forth in the Proposal under the section titled "Estimated of Fee”. 5. Additional Changes to the Master Contract (if applicable): Not applicable. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Exhibit A Page 4 of 11 2 CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works & Engineering __________________________________ Name (Printed or Typed) ____________________, 2016 ____________________, 2016 Date Date If greater than, $2,500, the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 2016 Date If greater than $20,000, the City Council must approve the Task Order in advance and the City Manager's signature is required. _______________________________________ Signature City Manager ____________________, 2016 Date #26478055_v1 Exhibit A Page 5 of 11 Exhibit A Page 6 of 11 Exhibit A Page 7 of 11 Exhibit A Page 8 of 11 Exhibit A Page 9 of 11 Exhibit A Page 10 of 11 74 130450T.0008 8/01/16: BID N:\DESPLAINES\130450T0008\MasterPlanPhase4_TempFolder\62267 DPRR-CADD_Drawings_092916\CBBEL-Scoping-09302016_D162267-Design.dgn VAR BLL 10/13/2016 bluke DefaultMODEL: CAD USER: PLOT DATE: SCALE: CHKD. DWN. DSGN. CHKD.NATURE OF REVISION FILE NAME DATENO. TITLE: DRAWING NO. SHEET OF PROJ. NO. DATE: CLIENT: TW/JGS WITHIN STREETSCAPE PROJECT LIMITS ROADWAY PROJECT IMPROVEMENTS EXHIBIT A MASTER PLAN PHASE 4 PROPOSAL ROADWAY PROJECT ROW TO CURB + MEDIAN) PROJECT FOOTPRINT, (WITHIN ROADWAY STREETSCAPE LIMITS 7 1 0 + 0 0 7 1 5 + 0 0 7 2 0 + 0 0 215+00 220+00 225+00 230+00 235+00 M I L L S T DES PLAINES RIVER ROADDES PLAINES RIVER ROAD E L LINW OOD ST US-1 4/M INER ST R I V E R S T P E RR Y S T PEARSON ST PEARSON ST US-1 4/M INER ST C A M P G R O U N D R D J O S E P H J S C H W A B / P R A I R I E AV E P E A R S O N S T M ETRA/UNION PACIFIC RAILROAD M ARKET ST M ARKE T ST E x h i b i t A P a g e 1 1 o f 1 1 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: October 20, 2016 To: Michael Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: 2016 Tax Levy Abatement Ordinances Issue: For the City Council to adopt the 2016 Tax Levy Abatement Ordinances for the below listed General Obligation Bonds. Analysis: Each year the City adopts several tax abatement ordinances to reduce the amount of property taxes levied for various bond issues. During the initial issuance of these General Obligation Bonds the plan was that alternative revenue would be established, or designated, and used to pay the annual debt service. Table 1 below summarizes the bond issues, city ordinances, original levy amounts, the abatement amount as well as the tax levy to be extended. As you will note, the City only has one series of bonds, 2007B in which a levy continues to be extended. The Series, 2007B has been proposed to be paid off early in the 2017 budget. G.O. Bond Series City Ordinance Levy Amount Abatement Amount Levy to be Extended 2007A M-60-07 374,220.00 374,220.00 - 2007B M-60-07 103,050.00 - 103,050.00 2008A M-08-08 127,995.00 127,995.00 - 2009A M-38-09 375,000.00 375,000.00 - 2009B M-41-09 214,500.00 214,500.00 - 2010A M-44-09 156,003.76 156,003.76 - 2010B M-44-09 365,000.00 365,000.00 - 2011 M-59-11 489,162.50 489,162.50 - 2012 M-57-12 501,425.00 501,425.00 - 2013 M-55-13 1,182,970.00 1,182,970.00 - 2014A M-28-14 271,325.00 271,325.00 - 2014B M-28-14 1,228,462.50 1,228,462.50 - Total 5,389,113.76 5,286,063.76 103,050.00 Page 1 of 22 The following provides a brief description of the abatement ordinances, the purpose of each bond issue and the funding available for the payment of the outstanding principal and interest for the tax year 2016. Abatement of the General Obligation Bonds, Series 2007A and 2007B: The G.O. Bonds, Series 2007A were issued to refund the G.O. Bonds, Series 2000 and Series 2001. The Series 2000 was issued for street improvement projects and the Series 2001 was issued to finance the street and sewer improvement projects. Capital Projects funds will be used to abate the annual levy for the principal and interest for the tax year 2016 and Gaming Tax funds will be used pay off the remaining principal early. The G.O. Bonds, Series 2007B were issued to refund G. O. Bonds, Series 2001B and for the fire station land acquisition. The TIF#1 portion of the bond issue was paid off in 2016 and the Debt Service fund portion of the annual levy for the principal and interest will be extended for the tax year 2016. Abatement of the Taxable General Obligation Bond, Series 2008A: These bonds were issued to refund G.O. Bonds, Series 2001C, which were originally issued for land acquisition in both TIF #1 and TIF #3. TIF #1 and TIF #3 funds will be used to abate the annual levy for the principal and interest for the tax year 2016. Abatement of the Taxable General Obligation Bond, Series 2009A: These bonds were issued to refund taxable G.O. Bonds, Series 2003C and Series 2004B which were originally issued for land acquisition and infrastructure improvements within TIF #6. TIF #6 funds will be used to abate the annual levy for the principal and interest for the tax year 2016. Abatement of the General Obligation Bond, Series 2009B: These bonds were issued to refund the G.O. Bond, Series 1999 which were originally issued for the library construction project. Capital Projects funds will be used to abate the annual levy for the principal and interest for the tax year 2016. Abatement of the General Obligation Refunding Bonds, Series 2010A and 2010B: The G.O. Bonds, Series 2010A were issued to refund the G.O. Bonds, Series 2003A and Series 2005A which were originally issued for land acquisition and infrastructure improvements within TIF #3. TIF #3 funds will be used to abate the annual levy for the principal and interest on Series 2010A bonds for the tax year 2016. The G.O. Bonds, Series 2010B (Capital Appreciation Bonds) were issued for advance refunding of G.O. Bonds, Series 2005E which were originally issued for land acquisition and site preparations costs within TIF#3. TIF #3 funds will be used to abate the annual levy for the principal and interest on Series 2010B bonds for the tax year 2016. Abatement of the General Obligation Refunding Bonds, Series 2011: These bonds were issued to refund the G.O. Bonds, Series 2003A which were originally issued for land acquisition and infrastructure improvements within TIF #1, TIF #3, TIF #5 and TIF #6. TIF #1, TIF #3, TIF #5 and TIF #6 funds will be used to abate the annual levy for the principal and interest for the tax year 2016. Abatement of the General Obligation Refunding Bonds, Series 2012: These bonds were issued to refund the G.O. Bonds, Series 2004A which were originally issued for land acquisition and infrastructure improvements within TIF #1. TIF #1 funds will be used to abate the annual levy for the principal and interest for the tax year 2016. Abatement of the Taxable General Obligation Refunding Bonds, Series 2013: These bonds were issued to refund the G.O. Bonds, Series 2004B and 2005F which were originally issued for land acquisition and infrastructure improvements within TIF #1, TIF #3 and TIF #6. TIF #1, TIF #3 and TIF #6 funds will be used to abate the annual levy for the principal and interest for the tax year 2016. Page 2 of 22 Abatement of the General Obligation Refunding Bonds, Series 2014A(Taxable) and 2014B: The Taxable G.O. Bonds, Series 2014A were issued to refund the G.O. Bonds, Series 2003C which were originally issued for land acquisition and infrastructure improvements within TIF #6. TIF #6 funds will be used to abate the annual levy for the principal and interest for the tax year 2016. The G.O. Bonds, Series 2014B were issued to refund the G.O. Bonds, Series 2005A which were originally issued for land acquisition and infrastructure improvements within TIF #3 and Series 2005D which were originally issued for advance refunding on Series 1998 for the library construction project. TIF #3 and Capital Projects funds will be used to abate the annual levy for the principal and interest for the tax year 2016. Recommendation: I recommend that the City Council approve the property tax abatements which will result in a reduction to the 2016 Property Tax Levy. Attachments: 1. ORDINANCE M-33-16/Abatement – 2007A General Obligation Refunding Bonds 2. ORDINANCE M-34-16/Abatement – 2008A Taxable General Obligation Refunding Bonds 3. ORDINANCE M-35-16/Abatement – 2009A Taxable General Obligation Refunding Bonds 4. ORDINANCE M-36-16/Abatement – 2009B General Obligation Refunding Bonds 5. ORDINANCE M-37-16/Abatement – 2010A and 2010B General Obligation Refunding Bonds 6. ORDINANCE M-38-16/Abatement – 2011 General Obligation Refunding Bonds 7. ORDINANCE M-39-16/Abatement – 2012 General Obligation Refunding Bonds 8. ORDINANCE M-40-16/Abatement – 2013 Taxable General Obligation Refunding Bonds 9. ORDINANCE M-41-16/Abatement – 2014A Taxable General Obligation Refunding Bonds and 2014B General Obligation Refunding Bonds. Page 3 of 22 1 CITY OF DES PLAINES ORDINANCE M - 33 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2007 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2007A. WHEREAS, on October 1, 2007, the City Council of the City of Des Plaines adopted Ordinance M-60-07 titled "Ordinance Authorizing the Issuance of Not to Exceed $8,000,000 General Obligation Refunding Bonds, Series 2007A and Series 2007B, of the City of Des Plaines, Illinois," which provided for the issuance of $6,065,000.00 Series A and $1,660,000.00 Series B General Obligation Refunding Bonds; and WHEREAS, Ordinance M-60-07 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $374,220.00 and $103,050.00 for the payment of principal and interest on the Series 2007A General Obligation Refunding Bonds and the Series 2007B General Obligation Bonds, respectively; and WHEREAS, sufficient TIF and Capital Projects Funds are available to abate the annual tax levy for the principal and interest on the Series 2007A General Obligation Refunding Bonds; 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: ABATEMENT OF TAX LEVY. The City Council hereby authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amounts of taxes to be levied for the following series of bonds: A. Series 2007A General Obligation Corporate Purpose Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-60-07 2016 $374,220.00 $374,220.00 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. Attachment 1 Page 4 of 22 2 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2007A Attachment 1 Page 5 of 22 1 CITY OF DES PLAINES ORDINANCE M - 34 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2008 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008A. WHEREAS, on March 17, 2008, the City Council of the City of Des Plaines adopted Ordinance M-8-08, titled "Ordinance Authorizing the Issuance of Taxable General Obligation Corporate Purpose Refunding Bonds, Series 2008A, of the City of Des Plaines, Illinois," which provided for the issuance of $2,575,000.00 Series 2008A Taxable General Obligation Corporate Purpose Refunding Bonds; and WHEREAS, Ordinance M-8-08 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $127,995.00 for the payment of principal and interest on said bonds; and WHEREAS, sufficient TIF Funds are available to abate the annual levy for the principal and interest on the Series 2008A Taxable General Obligation Corporate Purpose Refunding Bonds for the tax year 2016; 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: ABATEMENT OF TAX LEVY. The City Council authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amount of taxes to be levied for the Series 2008A General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-8-08 2016 $127,995.00 $127,995.00 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. Attachment 2 Page 6 of 22 2 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2008A Attachment 2 Page 7 of 22 1 CITY OF DES PLAINES ORDINANCE M - 35 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2009 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009A. WHEREAS, on October 19, 2009, the City Council of the City of Des Plaines adopted Ordinance M-38-09, titled "Ordinance Authorizing the Issuance of Taxable General Obligation Refunding Bonds, Series 2009A, of the City of Des Plaines, Illinois," which provided for the issuance of $3,173,083.75 Series 2009A Taxable General Obligation Refunding Bonds; and WHEREAS, Ordinance M-38-09 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $375,000.00 for the payment of principal and interest on said bonds; and WHEREAS, sufficient TIF Funds are available to abate the annual levy for the principal and interest on the Series 2009A Taxable General Obligation Refunding Bonds for the tax year 2016; 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: ABATEMENT OF TAX LEVY. The City Council authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amount of taxes to be levied for the Series 2009A General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-38-09 2016 $375,000.00 $375,000.00 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. Attachment 3 Page 8 of 22 2 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2009A Attachment 3 Page 9 of 22 1 CITY OF DES PLAINES ORDINANCE M - 36 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2009 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009B. WHEREAS, on October 19, 2009, the City Council of the City of Des Plaines adopted Ordinance M-41-09, titled "Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2009B, of the City of Des Plaines, Illinois," which provided for the issuance of $4,175,000.00 Series 2009B General Obligation Refunding Bonds; and WHEREAS, Ordinance M-41-09 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $214,500.00 for the payment of principal and interest on said bonds; and WHEREAS, sufficient Capital Project Funds are available to abate the annual levy for the principal and interest on the Series 2009B General Obligation Refunding Bonds for the tax year 2016; 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: ABATEMENT OF TAX LEVY. The City Council authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amount of taxes to be levied for the Series 2009B General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-41-09 2016 $214,500.00 $214,500.00 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. Attachment 4 Page 10 of 22 2 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2009B Attachment 4 Page 11 of 22 1 CITY OF DES PLAINES ORDINANCE M - 37 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2010 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A AND SERIES 2010B. WHEREAS, on November 16, 2009, the City Council of the City of Des Plaines adopted Ordinance M-44-09, titled "Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2010A and Series 2010B, of the City of Des Plaines, Illinois," which provided for the issuance of $3,945,000.00 Series 2010A General Obligation Refunding Bonds and $6,110,759.50 Series 2010B General Obligation Refunding Bonds; and WHEREAS, Ordinance M-44-09 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $156,003.76 for Series 2010A General Obligation Refunding Bonds for the payment of principal and interest on said bonds; and WHEREAS, Ordinance M-44-09 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $365,000 for Series 2010B General Obligation Refunding Bonds for the payment of principal and interest on said bonds; and WHEREAS, sufficient TIF Funds are available to abate the annual levy for the principal and interest on the Series 2010A General Obligation Refunding Bonds for the tax year 2015; 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. Attachment 5 Page 12 of 22 2 SECTION 2: ABATEMENT OF TAX LEVY. The City Council authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amount of taxes to be levied for the following series of bonds: A. Series 2010A General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-44-09 2016 $156,003.76 $156,003.76 $0.00 B. Series 2010B General Obligation Refunding Bonds Ordinance Tax Year Levy Abatement Levy to be Extended M-44-09 2016 $365,000.00 $365,000.00 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Attachment 5 Page 13 of 22 3 Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2010A Attachment 5 Page 14 of 22 1 CITY OF DES PLAINES ORDINANCE M - 38 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2011 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011. WHEREAS, on December 5, 2011, the City Council of the City of Des Plaines adopted Ordinance M-59-11, titled "Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2011, of the City of Des Plaines, Illinois," which provided for the issuance of $3,540,000.00 General Obligation Refunding Bonds; and WHEREAS, Ordinance M-59-11 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $489,162.50 for the payment of principal and interest on said bonds; and WHEREAS, sufficient TIF Funds are available to abate the annual levy for the principal and interest on the Series 2011 General Obligation Refunding Bonds for the tax year 2016; 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: ABATEMENT OF TAX LEVY. The City Council authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amount of taxes to be levied for the Series 2011 General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-59-11 2016 $489,162.50 $489,162.50 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. Attachment 6 Page 15 of 22 2 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2011 Attachment 6 Page 16 of 22 1 CITY OF DES PLAINES ORDINANCE M - 39 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2012 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012. WHEREAS, on December 12, 2012, the City Council of the City of Des Plaines adopted Ordinance M-57-12, titled "Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2012, of the City of Des Plaines, Illinois," which provided for the issuance of $4,890,000.00 General Obligation Refunding Bonds; and WHEREAS, Ordinance M-57-12 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $501,425.00 for the payment of principal and interest on said bonds; and WHEREAS, sufficient TIF Funds are available to abate the annual levy for the principal and interest on the Series 2012 General Obligation Refunding Bonds for the tax year 2016; 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: ABATEMENT OF TAX LEVY. The City Council authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amount of taxes to be levied for the Series 2012 General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-57-12 2016 $501,425.00 $501,425.00 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. Attachment 7 Page 17 of 22 2 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2012 Attachment 7 Page 18 of 22 1 CITY OF DES PLAINES ORDINANCE M - 40 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2013 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013. WHEREAS, on December 2, 2013, the City Council of the City of Des Plaines adopted Ordinance M-55-13, titled "Ordinance Authorizing the Issuance of Taxable General Obligation Refunding Bonds, Series 2013, of the City of Des Plaines, Illinois," which provided for the issuance of $7,945,000.00 Series 2013 Taxable General Obligation Refunding Bonds; and WHEREAS, Ordinance M-55-13 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $1,182,970.00 for the payment of principal and interest on said bonds; and WHEREAS, sufficient TIF Funds are available to abate the annual levy for the principal and interest on the Series 2013 Taxable General Obligation Refunding Bonds for the tax year 2016; 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: ABATEMENT OF TAX LEVY. The City Council authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amount of taxes to be levied for the Series 2013 Taxable General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-55-13 2016 $1,182,970.00 $1,182,970.00 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. Attachment 8 Page 19 of 22 2 SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel Abatements\DP-2016 Abatement 2013 Attachment 8 Page 20 of 22 1 CITY OF DES PLAINES ORDINANCE M - 41 - 16 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF THE 2016 TAX LEVY FOR THE 2014 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014A AND 2014 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014B. ______________________________ WHEREAS, on August 18, 2014, the City Council of the City of Des Plaines adopted Ordinance M-28-14, titled “Ordinance Authorizing the Issuance of General Obligation Refunding Bonds of 2014 of the City of Des Plaines, Illinois and Providing for the Redemption of Outstanding Bonds of the City,” which provided for the issuance of $2,020,000 Series A Taxable General Obligation Refunding Bonds and $5,600,000 Series B General Obligation Refunding Bonds; and WHEREAS, Ordinance M-28-14 provided for the levy of taxes for the tax year 2016 sufficient to produce the amount of $271,325.00 and $1,228,462.50 for the payment of principal and interest on the Series 2014A Taxable General Obligation Refunding Bonds and the Series 2014B General Obligation Refunding Bonds, respectively; and WHEREAS, sufficient TIF and Capital Projects Funds are available to abate the annual levy for the principal and interest on the Series 2014A Taxable General Obligation Refunding Bonds and the Series 2014B General Obligation Refunding Bonds for the tax year 2016; 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: ABATEMENT OF TAX LEVY. The City Council hereby authorizes and directs the County Clerk of Cook County, Illinois, to abate the following amounts of taxes to be levied for the following series of bonds: A. Series 2014A Taxable General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-28-14 2016 $271,325.00 $271,325.00 $0.00 Attachment 9 Page 21 of 22 2 B. Series 2014B General Obligation Refunding Bonds: Ordinance Tax Year Levy Abatement Levy to be Extended M-28-14 2016 $1,228,462.50 $1,228,462.50 $0.00 SECTION 3: FILING OF CERTIFIED COPY. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel DP-2016 Abatement 2014 A B Attachment 9 Page 22 of 22 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: October 20, 2016 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Special Service Areas 2016 Tax Levy Ordinances Issue: For the City Council to consider the 2016 Tax Levy Ordinances related to Special Service Area #5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15. Analysis: Each year the City adopts several property tax levy ordinances to collect the special assessment attributable to the respective properties within the aforementioned Special Service Areas (SSA’s) for completed projects that were not funded by general taxation. Table 1 below summarizes the SSA’s, the locations, the improvement projects, the ordinances establishing the SSA and the amount of 2016 tax levy to be collected in 2017: Table 1 SSA #Location Improvement Project SSA Ordinance Levy Amount 5 Westfield Lane Water Main M-30-03 3,782 6 2150-2172 Chestnut Street Parking Lot M-73-04 981 7 Woodland Townhomes Parking Lot M-35-05 12,000 8 Crabtree Lane Gurb & Gutter M-19-06 4,200 9 624-640 West Algonquin Road Parking Lot M-20-07 2,315 10 642-658 West Algonquin Road Parking Lot M-21-07 2,936 11 138/158/273/283/170 &180 Drake Ln Rear Yard Drainage M-35-11 2,096 12 948 & 956 Greenview Ave Rear Yard Drainage M-36-11 979 13 1318/1330 & 1340 Phoenix Drive, 1325/1335 Miami Ln Rear Yard Drainage M-37-11 1,566 14 2132, 2140 AND 2148 Plainfield Dr Rear Yard Drainage M-31-12 830 15 345 / 353 Ardmore Rd Rear Yard Drainage M-03-14 1,643 Total 33,328 Page 1 of 24 The SSA financing allows the City to provide a service, improvement or facility in a specific area of the community. This technique usually involves levying an additional property tax only in the particular area that receives the special service or improvement. SSA financing enables the municipality to provide any public service to a portion of its jurisdiction without burdening the entire community with a debt or operating tax. It is the only financing method which permits a tax rate in one part of a municipal jurisdiction that will not apply in the rest of the municipality. Recommendation: I recommend that the City Council approve the 2016 Tax Levy Ordinances for Special Service Area #5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 in the total amount of $33,328. Attachments: 1. ORDINANCE M-42-16 - 2016 Tax Levy, Special Service Area #5 (Westfield Lane Water Main) in the amount of $3,782 2. ORDINANCE M-43-16 - 2016 Tax Levy, Special Service Area #6 (Parking Lot Improvement, 2150-2172 Chestnut Street) in the amount of $981 3. ORDINANCE M-44-16 - 2016 Tax Levy, Special Service Area #7 (Parking Lot Improvement, Woodland Townhomes) in the amount of $12,000 4. ORDINANCE M-45-16 - 2016 Tax Levy, Special Service Area #8 (Curbs, Gutters for Crabtree Lane) in the amount of $4,200 5. ORDINANCE M-46-16 - 2016 Tax Levy, Special Service Area #9 (Parking Lot Improvement, 624- 640 W. Algonquin Road) in the amount of $2,315 6. ORDINANCE M-47-16 - 2016 Tax Levy, Special Service Area #10 (Parking Lot Improvement, 642-658 W. Algonquin Road) in the amount of $2,936 7. ORDINANCE M-48-16 - 2016 Tax Levy, Special Service Area #11 (Rear Yard Drainage, 138, 158, 273, 283, 170 and 180 Drake Lane) in the amount of $2,096 8. ORDINANCE M-49-16 - 2016 Tax Levy, Special Service Area #12 (Rear Yard Drainage, 948 and 956 Greenview Avenue) in the amount of $979 9. ORDINANCE M-50-16 - 2016 Tax Levy, Special Service Area #13 (Rear Yard Drainage, 1318, 1330 and 1340 Phoenix Drive & 1325 & 1335 Miami Lane) in the amount of $1,566 10. ORDINANCE M-51-16 - 2016 Tax Levy, Special Service Area #14 (Rear Yard Drainage, 2132, 2140, and 2148 Plainfield Drive) in the amount of $830 11. ORDINANCE M-52-16 - 2016 Tax Levy, Special Service Area #15 (Rear Yard Drainage, 345 and 353 Ardmore Road) in the amount of $1,643 Page 2 of 24 1 CITY OF DES PLAINES ORDINANCE M - 42 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-30- 03 on June 2, 2003, creating Special Service Area Number Five, being recorded with the County Recorder of Deeds as Document #0319703000; and WHEREAS, Ordinance M-30-03 states that there will be an annual tax levy not to exceed $5,650 for the tax years 2003 through 2018, for the payment of the special services of installing an 8” water main, completed at a cost of $41,325, with an interest repayment cost of $15,406, for a total amount to be collected for tax years 2003 through 2017 of $56,731, which equals fifteen annual tax levies of $3,782; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-30-03, the City of Des Plaines hereby levies $3,782 in taxes for Special Service Area Number Five purposes against all taxable property in Special Service Area Number Five of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 1 Page 3 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#5 2016 Tax Year Attachment 1 Page 4 of 24 1 CITY OF DES PLAINES ORDINANCE M - 43 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SIX OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-73- 04 on November 15, 2004, creating Special Service Area Number Six, being recorded with the County Recorder of Deeds as Document #0514727137; and WHEREAS, Ordinance M-73-04 states that there will be an annual tax levy not to exceed $1,050 for the tax years 2004 to 2019, for the payment of the special services of reconstruction and improvement of the area’s parking lot at a cost of $9,932, that has an interest repayment cost of $3,797, for a total amount to be collected for tax years 2005 through 2019 of $13,729, which equals fourteen annual tax levies of $981 for tax years 2005 through 2019; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-73-04, the City of Des Plaines hereby levies $981 in taxes for Special Service Area Number Six purposes against all taxable property in Special Service Area Number Six of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 2 Page 5 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#6 2016 Tax Year Attachment 2 Page 6 of 24 1 CITY OF DES PLAINES ORDINANCE M - 44 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-35- 05 on July 18, 2005, creating Special Service Area Number Seven, being recorded with the County Recorder of Deeds as Document #0532203003; and WHEREAS, Ordinance M-35-05 states that there will be an annual tax levy not to exceed $12,000 for the tax years 2005 to 2019, for the payment of the special services of reconstruction and improvement of the area’s parking lot, at a cost of $150,484, with an estimated interest repayment cost of $29,516, for a total amount to be collected for tax years 2005 through 2019 of $180,000, which equals fifteen annual tax levies of $12,000 for tax years 2005 through 2019; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-35-05, the City of Des Plaines hereby levies $12,000 in taxes for Special Service Area Number Seven purposes against all taxable property in Special Service Area Number Seven of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 3 Page 7 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#7 2016 Tax Year Attachment 3 Page 8 of 24 1 CITY OF DES PLAINES ORDINANCE M - 45 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER EIGHT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-19- 06 on June 5, 2006, creating Special Service Area Number Eight, being recorded with the County Recorder of Deeds as Document #0617334082; and WHEREAS, Ordinance M-19-06 states that there will be an annual tax levy not to exceed $4,200 for the tax years 2006 to 2020, for the payment of the special services for the installation of curbs and gutters, at an estimated cost of $42,883, with estimated interest repayment cost of $15,917, for a total amount to be collected for tax years 2006 through 2020 of $58,800, which equals fourteen annual tax levies of $4,200 for tax years 2007 through 2020; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-19-06, the City of Des Plaines hereby levies $4,200 in taxes for Special Service Area Number Eight purposes against all taxable property in Special Service Area Number Eight of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 4 Page 9 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#8 2016 Tax Year Attachment 4 Page 10 of 24 1 CITY OF DES PLAINES ORDINANCE M - 46 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER NINE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-20- 07 on May 7, 2007, creating Special Service Area Number Nine, being recorded with the County Recorder of Deeds as Document #0721516066; and WHEREAS, Ordinance M-20-07 states that there will be an annual tax levy not to exceed $3,000 for the tax years 2007 to 2021, for the payment of the special services of reconstruction and improvement of the area’s parking lot, at an estimated cost of $24,026, with estimated interest repayment cost of $10,693, for a total amount to be collected for tax years 2007 through 2021 of $34,719, which equals fifteen annual tax levies of $2,315 for tax years 2007 through 2020, with a final tax levy of $2,309 for the tax year 2021; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-20-07, the City of Des Plaines hereby levies $2,315 in taxes for Special Service Area Number Nine purposes against all taxable property in Special Service Area Number Nine of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 5 Page 11 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#9 2016 Tax Year Attachment 5 Page 12 of 24 1 CITY OF DES PLAINES ORDINANCE M - 47 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-21- 07 on May 7, 2007, creating Special Service Area Number Ten, being recorded with the County Recorder of Deeds as Document #0721516065; and WHEREAS, Ordinance M-21-07 states that there will be an annual tax levy not to exceed $3,000 for the tax years 2007 to 2021, for the payment of the special services of reconstruction and improvement of the area’s parking lot, at an estimated cost of $30,467, with estimated interest repayment cost of $13,557, for a total amount to be collected for tax years 2007 through 2021 of $44,024, which equals fifteen annual tax levies of $2,936 for tax years 2007 through 2020, with a final tax levy of $2,920 for the tax year 2021; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-21-07, the City of Des Plaines hereby levies $2,936 in taxes for Special Service Area Number Ten purposes against all taxable property in Special Service Area Number Ten of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 6 Page 13 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#10 2016 Tax Year Attachment 6 Page 14 of 24 1 CITY OF DES PLAINES ORDINANCE M - 48 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER ELEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-35- 11 on September 6, 2011, creating Special Service Area Number Eleven, being recorded with the County Recorder of Deeds as Document #1129418099; and WHEREAS, Ordinance M-35-11 states that there will be an annual tax levy not to exceed $2,115 for the tax years 2011 to 2020, for the payment of the special services of rear yard drainage improvements, at an estimated cost of $16,181, with estimated interest repayment cost of $4,779, for a total amount to be collected for tax years 2011 through 2020 of $20,960, which equals ten annual tax levies of $2,096 for tax years 2011 through 2020; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-35-11, the City of Des Plaines hereby levies $2,096 in taxes for Special Service Area Number Eleven purposes against all taxable property in Special Service Area Number Eleven of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 7 Page 15 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#11 2016 Tax Year Attachment 7 Page 16 of 24 1 CITY OF DES PLAINES ORDINANCE M - 49 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TWELVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-36- 11 on September 6, 2011, creating Special Service Area Number Twelve, being recorded with the County Recorder of Deeds as Document #1129418100; and WHEREAS, Ordinance M-36-11 states that there will be an annual tax levy not to exceed $980 for the tax years 2011 to 2020, for the payment of the special services of rear yard drainage improvements, at an estimated cost of $7,554, with estimated interest repayment cost of $2,236, for a total amount to be collected for tax years 2011 through 2020 of $9,790, which equals ten annual tax levies of $979 for tax years 2011 through 2020; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-36-11, the City of Des Plaines hereby levies $979 in taxes for Special Service Area Number Twelve purposes against all taxable property in Special Service Area Number Twelve of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 8 Page 17 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel DP-Tax Levy Ord-SSA#12 2016 Tax Year Attachment 8 Page 18 of 24 1 CITY OF DES PLAINES ORDINANCE M - 50 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THIRTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-37- 11 on September 6, 2011, creating Special Service Area Number Thirteen, being recorded with the County Recorder of Deeds as Document #1129418101; and WHEREAS, Ordinance M-37-11 states that there will be an annual tax levy not to exceed $1,680 for the tax years 2011 to 2020, for the payment of the special services of rear yard drainage improvements, at an estimated cost of $12,087, with estimated interest repayment cost of $3,573, for a total amount to be collected for tax years 2011 through 2020 of $15,660, which equals ten annual tax levies of $1,566 for tax years 2011 through 2020; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-37-11, the City of Des Plaines hereby levies $1,566 in taxes for Special Service Area Number Thirteen purposes against all taxable property in Special Service Area Number Thirteen of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 9 Page 19 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#13 2016 Tax Year Attachment 9 Page 20 of 24 1 CITY OF DES PLAINES ORDINANCE M - 51 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOURTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-31- 12 on October 1, 2012, creating Special Service Area Number Fourteen, being recorded with the County Recorder of Deeds as Document #1231418042; and WHEREAS, Ordinance M-31-12 states that there will be an annual tax levy not to exceed $2,200 for the tax year 2012 and not to exceed $850 for the tax years 2013 to 2021, for the payment of the special services of rear yard drainage improvements, at an estimated cost of $7,684, with estimated interest repayment cost of $1,957, for a total amount to be collected for tax years 2012 through 2021 of $9,641, which equals the 2012 tax levy of $2,171 and nine annual tax levies of $830 for each tax year of 2013 through 2021; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-31-12, the City of Des Plaines hereby levies $830 in taxes for Special Service Area Number Fourteen purposes against all taxable property in Special Service Area Number Fourteen of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 10 Page 21 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#14 2016 Tax Year Attachment 10 Page 22 of 24 1 CITY OF DES PLAINES ORDINANCE M - 52 - 16 AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIFTEEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the Corporate Authorities of the City of Des Plaines adopted Ordinance M-3- 14 on February 18, 2014, creating Special Service Area Number Fifteen, being recorded with the County Recorder of Deeds as Document #1408519053; and WHEREAS, Ordinance M-03-14 states that there will be an annual tax levy not to exceed $1,745.64 for the tax years 2014 to 2023, for the payment of the special services of rear yard drainage improvements, at an estimated cost of $12,686, with estimated interest repayment cost of $3,744, for a total amount to be collected for tax years 2014 through 2023 of $16,430, which equals ten annual tax levies of $1,643 for tax years 2014 through 2023; 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 here by reference. SECTION 2: TAX LEVY. Pursuant to City of Des Plaines Ordinance M-03-14, the City of Des Plaines hereby levies $1,643 in taxes for Special Service Area Number Fifteen purposes against all taxable property in Special Service Area Number Fifteen of the City of Des Plaines for tax year 2016. SECTION 3: FILING WITH COUNTY CLERK. The City Council hereby directs the City Clerk of the City of Des Plaines to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Attachment 11 Page 23 of 24 2 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel SSA\DP-Tax Levy Ord-SSA#15 2016 Tax Year Attachment 11 Page 24 of 24 FIRE DEPARTMENT 405 S. River Road Des Plaines, IL 60016 P: 847.391.5333 desplaines.org Date: October 19, 2016 To: Michael Bartholomew, City Manager From: Alan Wax, Fire Chief Ralph Magak, Vehicle Maintenance Foreman Subject: Purchase of Ambulance; Declaration of Current Ambulance as Surplus Issue: The Fire Department is in need of replacing a paramedic ambulance. Analysis: Pursuant to both the equipment replacement schedule and actual need, the Department seeks to replace a 2006 Ford ambulance that has over 81,000 miles, runs VERY poorly, requires major costly repairs, and experiences many mechanical problems. A Vehicle/Equipment Evaluation Form is attached illustrating the need for replacement of this vehicle. This purchase was included in the 2016 budget. Through the Northwest Municipal Conference (NWMC), municipalities may purchase vehicles bid by the Suburban Purchasing Cooperative (SPC), whose bidding process is in conformance with state (and City) bidding laws. The vendor for SPC joint-purchasing of ambulances under the bid process, which is SPC Contract #133, is Foster Coach Sales of Sterling, IL. The ambulance is a “Horton” brand on a 2017 Freightliner chassis (consistent with the last two ambulances purchased). The 2016 SPC price for the ambulance as bid-out is $262,185. In an effort to reduce the cost even further below the joint-purchasing amount, City Staff worked diligently to identify included components that were not operationally vital, with the goal being to obtain an ambulance for Des Plaines that meets the minimum operational requirements for the expected life of the vehicle at the most economical price. In doing so, Staff was able to reduce the price of the ambulance to $252,267. Based on City Council discussions during the 2017 Budget meetings, a power-assisted cot and cot-loading system is being added to this ambulance to enhance patient care and reduce employee injuries. The additional cost for this cot ($19,303), loading system ($22,723), and 7-year warranty ($8,177, if determined to be included) is $50,203, bringing the total cost for the ambulance to $302,470. Recommendation: We recommend approval of the Resolution waiving the bidding process and providing for the purchase of the Horton ambulance from Foster Coach Sales of Sterling, Illinois through the SPC for an amount not to exceed $302,470, as well as approval of the Ordinance declaring the 2006 ambulance being replaced as surplus so that it may be sold once the new ambulance arrives. This purchase will be funded from the Equipment Replacement Fund (410-70-000-0000.8020). Attachment: Resolution, Ordinance, Current Ambulance Evaluation Report MEMORANDUM Page 1 of 9 1 CITY OF DES PLAINES RESOLUTION R - 171 - 16 A RESOLUTION AUTHORIZING THE PURCHASE OF A NEW AMBULANCE FROM FOSTER COACH SALES, INC.___________________________________________ 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, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the City has appropriated funds in the Department Equipment Replacement Fund for the replacement of equipment during the 2016 fiscal year; and WHEREAS, the City is a member of the Northwest Municipal Conference ("NWMC"), a corporate organization representing municipalities and townships located within the State of Illinois and the Counties of Cook, DuPage, Kane, Lake and McHenry; and WHEREAS, the City participates in the NWMC Suburban Purchasing Cooperative ("SPC"), which permits local governments to purchase commodities and services according to contracts negotiated by the NWMC, resulting in significant savings for the City; and WHEREAS, the City desires to purchase a new Horton Ambulance on a 2017 Freightliner chassis ("Vehicle") with a power assisted cot system (“Special Equipment”) (the Vehicle and Special Equipment together are the “New Ambulance”); and WHEREAS, the SPC previously sought bids for the purchase of a Horton Ambulance; and WHEREAS, SPC identified Foster Coach Sales, Inc., of Sterling, Illinois ("Vendor"), as the lowest responsible bidder for the SPC Contract #133; and WHEREAS, City staff has determined that the SPC's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, pursuant to SPC Contract #133, the cost of the Vehicle is $252,267 and the cost of the Special Equipment is $50,203 for the total not-to-exceed price of $302,470 for the New Ambulance; and Page 2 of 9Resolution 2 WHEREAS, the City Council has determined that it is in the best interest of the City to purchase the New Ambulance; 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 approves the purchase by the City of the New Ambulance from the Vendor in a total not-to-exceed amount of $302,470. SECTION 3: AUTHORIZATION OF PURCHASE. The City Council authorizes and directs the City Manager and the City Clerk to execute and seal documents approved by the General Counsel, and the City Manager to make payments, on behalf of the City, that are necessary to complete the purchase of the New Ambulance from the Vendor in a total not-to-exceed amount of $302,470. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Page 3 of 9Resolution 3 PASSED this _____ day of ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Purchase of an Ambulance from Foster Coach Sales through the SPC 2016 Page 4 of 9Resolution 1 CITY OF DES PLAINES ORDINANCE M - 54 - 16 AN ORDINANCE DECLARING PERSONAL PROPERTY OWNED BY THE CITY OF DES PLAINES AS SURPLUS.___________________________________________ WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the City is the owner of a 2006 Ford ambulance with Vehicle Identification Number 1FDXE45P16HA12600 (“Old Ambulance”); and WHEREAS, the City Council has determined that the Old Ambulance is no longer necessary or useful to, or for the best interest of, the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to convey the Old Ambulance; 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 findings of the City Council. SECTION 2: DECLARATION OF SURPLUS PROPERTY. Pursuant to Section 1-12- 4 of the City Code of the City of Des Plaines and the home rule powers of the City, the City Council hereby finds that the Old Ambulance is no longer necessary or useful to, or for the best interest of, the City. SECTION 3: EXECUTION OF REQUIRED DOCUMENTATION. The City Council hereby authorizes the City Manager and the City Clerk to execute and attest, on behalf of the City, all documents approved by the General Counsel and necessary to complete the disposition of the Old Ambulance as authorized by Section 4 of this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Page 5 of 9Ordinance 2 PASSED this _____ day of ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Ordinance Declaring an Ambulance as Surplus Property Page 6 of 9Ordinance City of Des Plaines Vehicle/Equipment Evaluation Form Vehicle or Equipment VIN or Serial # Vehicle or Equipment # Make: Model: Year: Mileage: Hours of Operation: Date of Evaluation: Evaluator: System Diagnosis Repair Costs Engine Transmission Drive Line/Differential Exhaust Hydraulic System Electrical System Brakes Tires Body Interior/Exterior (Cab) Front End/Suspension Air Conditioning Pumping System (Fire) Other Total Repair Costs Diagnosis Code Code Description 5 Excellent condition; like new; no repair needed in the near future 4 Good condition; minor wear and tear; system functions perfectly; no repair needed in the near future 3 Fair condition; significant signs of wear; system functions moderately well; repairs expected soon 2 Poor condition; substantial signs of degradation; system barely functions; repairs needed very soon 1 Bad condition; system inoperable; repair needed immediately Page 7 of 9 ATTACHMENT Attachment - Vehicle Evaluation Form City of Des Plaines Vehicle/Equipment Evaluation Form Replacement Point System Factor Points Age 3 points for every 5 years of chronological age, based on in-service date Miles/Hours 1 point for each 10,000 miles or 750 hours of use Type of Service 1, 3, or 5 points are assigned based on the type of service that the vehicle or equipment had during most of its life. The more severe the type of service performed the higher the number assigned. Reliability 1, 3, or 5 points are assigned depending on the frequency that a vehicle or equipment piece is in the shop for repair. The more the frequency of shop visits the higher the number. Maintenance Costs 1 to 5 points are assigned based on total life maintenance and repair costs (not including repair of accident damage). A 5 is assigned to a vehicle with life repair costs equal or greater to the vehicle’s original purchase price and a 1 is given to a vehicle with life repair costs equal to 20% or less of its original purchase cost. Parts Availability 1, 2, 3 or 5 points are assigned depending on the ability to obtain parts. 1=Readily Available, 2=Available within 3-5 days, 3=Available within 3 to 4 weeks and 5=Unable to obtain parts. Condition This category takes into consideration body condition, rust, interior condition, accident history, anticipated repairs, etc. a scale of 1 to 5 points is used with the higher the number the worse the condition. Point Ranges Under 18 points Condition I: Excellent 18 to 21 points Condition II: Good 21 to 28 points Condition III: Qualifies for replacement 28 or more points Condition IV: Needs immediate consideration Factor Age Miles/Hours Type of Service Reliability Maintenance Costs Parts Availability Condition Total Points Points Earned Recommend Replacement? Yes No Will Vehicle be Transferred? Yes No Department Receiving Transfer CED Engineering Public Works Fire Police Pool Salvage Value of Vehicle Page 8 of 9Attachment - Vehicle Evaluation Form City of Des Plaines Vehicle/Equipment Evaluation Form Evaluator’s Comments: Pictures: Page 9 of 9Attachment - Vehicle Evaluation Form COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: October 17, 2016 To: Michael G. Bartholomew, MCP, LEED AP, City Manager Michael McMahon, Community and Economic Development Director From: Lauren Pruss, AICP, Economic Development Coordinator Subject: Opus Development - Consideration of Purchase and Sale Agreement for City-Owned Land on Ellinwood Avenue and an Ordnance to Vacate certain a Public Easement for Ingress/Egress (Case #: 16-050-V-SUB) (1st Ward) Issue: Opus Development proposes to construct 113 multi-family units in the C-5 Zoning District located at 1555 and 1565 Ellinwood Avenue. The petitioner is requesting approval of a tentative and final plat of consolidation and a major variation of the 1998 City of Des Plaines Zoning Ordinance Section 12-7-3.5.e.2 which requires a minimum Lot Area of 150,600 square feet, where the applicant controls 43,900 square feet. As part of this application, the City and the developer have agreed to enter in to a Purchase and Sale Agreement for the adjoining City-owned parcel, which will bring the total site area to 57,706, and allow the project to be parked in conformance with the parking requirements for multi-family dwellings in the C-5 zone. Analysis: The City Council reviewed this application on September 19, 2016, and unanimously voted to approve the requested variance on the condition that the applicant purchasing a City-owned parcel of land adjacent to the site. The parcel is Lot 100 of the Original Town of Rand Subdivision and was included in the Final PUD Plat for the Heritage of Des Plaines development in 1993 (“City Parcel”). The City Parcel is 13,864 sq. ft. and is located between Ellinwood Street and Prairie Avenue. The City ordered an appraisal of the City Parcel which determined a fair market value of $190,000 (Attachment 1). The applicant has agreed to purchase the City Parcel from the City for this price. Attached is the Purchase and Sale Agreement and the accompanying ordinance authorizing the sale of the City Parcel (Attachment 2). The Agreement includes a number of contingencies which address outstanding title issues relating back to the development of the senior housing project now known as Brookdale Senior Living on the adjacent parcel to the east. At one time, the City owned the entire Brookdale site and transferred it to River Oaks Development Partners as part of a development agreement with the City in the early 1990’s. Due to an error by the Cook County Assessor, when the final planned unit development plat for the Brookdale site was recorded in 1993, the City parcel was not assigned a separate property index number. CED staff and the City’s General Counsel are working with the Cook County Assessor’s office to rectify this issue and have a separate PIN assigned to the City Parcel. In order to transfer the City Parcel to the applicant, a Public Easement for Ingress/Egress that was dedicated MEMORANDUM Page 1 of 26 on the 1993 Final PUD Plat across the City Parcel needs to be vacated. Attached is an Ordinance (Attachment 3) that vacates and releases the easement. The Ordinance states the vacation is contingent on the execution of the Purchase and Sale Agreement by the applicant. The closing date for the sale will be designated by the purchaser after a due diligence period expires and with 30 days-notice to the City but no later than July 18, 2017. Recommendation: The Community and Economic Development Department recommends that the City Council authorize staff to execute the Purchase and Sale Agreement and approve the Ordinance to Vacate the Public Easement for Ingress/Egress. Attachments: Attachment 1: Appraisal Summary Attachment 2: Ordinance Z - 27 - 16 Ordinance Authorizing the Execution of a Purchase and Sale Agreement for City-Owned Property Located on Ellinwood Street. Attachment 3: Ordinance Z - 28 - 16 Ordinance to Vacate a Public Easement for Ingress/Egress Exhibits: Exhibit A: ALTA Survey Page 2 of 26 File No. File Number: In accordance with your request, I have appraised the real property at: The purpose of this appraisal is to develop an opinion of the market value of the subject property, as vacant. The property rights appraised are the fee simple interest in the site. In my opinion, the market value of the property as of is: The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, limiting conditions and appropriate certifications. 6090905 Real Estate Appraisers and Consultants The JMS Appraisal Group, Inc. Certified General Appraiser James M. Scalise Sincerely; One Hundred Ninety Thousand Dollars $190,000 September 19, 2016 Des Plaines, IL 60016 1567 Ellinwood Avenue 6090905 Des Plaines, IL 60016 1420 Miner Street City of Des Plaines Lauren Pruss 9/28/2016 4517 Deyo Avenue, Brookfield, IL 60513 708.485.5383 Attachment 1 Page 3 of 26 CITY OF DES PLAINES ORDINANCE Z - 27 - 16 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY TO OPUS DEVELOPMENT WHEREAS, the City is the owner of that certain parcel of real property located on the south side of Ellinwood Street, approximately 433 feet west of the center line of Des Plaines River Road, which is more specifically described in the attached Exhibit A, which exhibit is hereby incorporated herein by reference (“City Parcel”); and WHEREAS, Opus Development Company, LLC (“Developer”), intends to redevelop the parcels located at to 1555-1557 Ellinwood Avenue, Des Plaines, Illinois (“Adjacent Properties”), which are located adjacent to the City Parcel, with a multi-unit residential mixed use building; and WHEREAS, Section 1-12-5 of the City Code of the City of Des Plaines authorizes the City Council to sell and convey any real property owned or held by the City that the City Council has determined to be no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City; and WHEREAS, after due consideration and investigation, the Mayor and Council of the City of Des Plaines have determined that consolidating the City Parcel with the Adjacent Properties, will allow the Developer to complete its proposed development and will be in the best interest of the City; and WHEREAS, the City Council has determined that the City Parcel is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City; and WHEREAS, the City desires to sell the City Parcel to the Developer for the purchase price of $190,000.00, which sale is conditioned on the fulfillment of all terms, conditions and purposes set forth in that certain Purchase and Sale Agreement to be entered with the Developer (“Purchase Agreement”); and WHEREAS, the City Council desires to authorize the Mayor, City Manager, City Clerk, and City Attorney, and such other officials as may be necessary, to execute all agreements, legal instruments and other documents required to effect the sale of the City Parcel and to deed, convey or otherwise transfer the City Parcel to the Developer or its assignee; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Purchase Agreement; 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: Attachment 2 Page 4 of 26 -2- SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the City Council. SECTION 2: APPROVAL OF PURCHASE AGREEMENT. The City Council hereby approves the Purchase Agreement in substantially the form attached to this Ordinance as Exhibit B, and in a final form to be approved by the City Manager and the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE THE PURCHASE AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the final Purchase Agreement and the Mayor, City Manager, City Clerk, and City Attorney, and such other officials as may be necessary, are hereby authorized to execute all agreements, legal instruments and other documents required to effectuate the intent of this ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by. PASSED this __ day of __________, 2016. APPROVED this __ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel #48443832_v2 Attachment 2 Page 5 of 26 EXHIBIT A LEGAL DESCRIPTION OF CITY PARCEL LOT 100 (EXCEPT THE EAST 8 FEET THEREOF) IN THE ORIGINAL TOWN OF RAND (NOW DES PLAINES), BEING A SUBDIVISION OF PARTS OF SECTIONS 16, 17, 20 AND 21, ALL IN TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as: 1567 Ellinwood, Des Plaines, Illinois, 60016 Attachment 2 Page 6 of 26 EXHIBIT B PURCHASE AND SALE AGREEMENT - Attachment 2 Page 7 of 26 Real Estate Purchase and Sale Agreement – Des Plaines Parcel This Real Estate Purchase and Sale Agreement (“Agreement”) is made and entered into as of this ___ day of November, 2016, by and between Opus Development Company, L.L.C., a Delaware limited liability company, or its assignee or nominee (“Purchaser”), and The City of Des Plaines, an Illinois home rule municipal corporation (“Seller”). Recitals A. Seller is the owner in fee simple of that certain parcel of real estate (“Land”) commonly known as 1567 Ellinwood Street, Des Plaines, Illinois and legally described on Exhibit A attached hereto and made a part hereof. B. Seller desires to sell all of the Land, together with all easements and appurtenances and all estates and rights of Seller, in, to and with respect to the Land and any and all improvements thereon (collectively, “Property”), to Purchaser, and Purchaser desires to purchase the Property from Seller, upon and subject to all of the terms and conditions of this Agreement. Agreements Now, therefore, for and in consideration of the foregoing Recitals, the mutual covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Purchaser and Seller agree as follows: 1. Incorporation of Recitals. The foregoing Recitals are hereby incorporated into and made a part of this Agreement, as if fully set forth herein. 2. Agreement to Sell and Purchase Property; Purchase Price and Payment of Purchase Price. (a) Agreement to Sell and Purchase Property. Seller will sell the Property to Purchaser, and Purchaser will purchase the Property from Seller, at the price and on and subject to the terms, provisions and conditions herein set forth. (b) Purchase Price and Payment of Purchase Price. Subject to prorations and adjustments, Purchaser will pay to Seller a purchase price for the Property (“Purchase Price”) equal to $190,000. The Purchase Price will be payable, by wire transfer or otherwise in immediately available funds, at the Closing (as such term is defined in Section 4 hereof), plus or minus adjustments and prorations. 3. Inspections; Due Diligence; Purchaser Termination Rights. (a) Delivery of Due Diligence Materials. Purchaser acknowledges that Seller has delivered to Purchaser a title commitment and draft survey of the Property. (b) Intended Uses; Investigations. Purchaser contemplates acquiring the Property for the purpose of developing it for multi-family residential use, or uses related thereto (collectively, “Intended Uses”). From the Effective Date through the Closing Date (as such term is defined in Section 4 hereof), and subject to this Section 3, Seller will grant to Purchaser, and its consultants, contractors, agents, employees and representatives, access to all of the Property for the purpose of, and will cooperate fully in all reasonable respects in connection with, Purchaser’s conducting (either itself or through its consultants, contractors, agents, employees and representatives) such tests, inspections and investigations with respect to the Property as Purchaser deems appropriate, in its sole and absolute discretion (collectively, “Investigations”); provided, however, that Purchaser will not be obligated to conduct any particular Investigations (or any Investigations at all). Purchaser will indemnify, defend and hold harmless Seller from and against any damage, cost, loss, liability, charge, claim or lien arising from third party claims for death, personal injury or property damage resulting from any such entry or the conduct of any Investigations to the extent that the same materially adversely affect the physical characteristics or conditions of the Land; provided, however, Attachment 2 Page 8 of 26 2 that the foregoing indemnity will not apply (y) to the extent caused by the negligence or willful misconduct of Seller or any of its officers, directors, shareholders, members, managers, employees, contractors and agents, and (z) to diminution in value of the Property or repair obligations, losses, costs, damages, liabilities, settlements, causes of action or threats thereof arising out of latent defects, the displacement or disturbance of Hazardous Materials not placed on the Property by Purchaser or its consultants or the discovery of pre-existing conditions if neither Purchaser nor any of Purchaser’s consultants, contractors, agents, employees or representatives exacerbate any such conditions once they have been discovered. In the event that Purchaser does not purchase the Property, Purchaser will promptly repair any material physical damage to the Land resulting from the conduct of the Investigations; provided, however, that Purchaser will not be required to so repair or restore any such damage to the Land (A) to the extent such damage is caused by the negligence or willful misconduct of Seller or any of its officers, directors, shareholders, members, managers, employees, contractors and agents and (B) in connection with latent defects, the displacement or disturbance of hazardous materials not placed on the Land by Purchaser or its consultants or the discovery of pre-existing conditions if neither Purchaser nor any of Purchaser’s consultants, contractors, agents, employees or representatives exacerbate any such conditions once they have been discovered. Purchaser’s repair, indemnification and hold harmless obligations under this Section 3(b) will survive the expiration or termination of this Agreement or the Closing for a period of three months. Proof of reasonable general liability insurance will be delivered to Seller prior to access to the Property to conduct the Investigations. (c) Due Diligence Date. The “Due Diligence Date” will be sixty (60) days after the Title Company’s delivery of written notice to Purchaser that the Title Company has agreed to insure over on the Title Policy (defined below) claims of adjacent landowners in or to the Property arising out of the public access easement created by the PUD Plat (defined below) based upon the recording of either (i) an executed original “Release” (defined below) from the owner of 1574-77 Ellinwood, Des Plaines, Illinois in connection therewith, or (ii) an ordinance of Seller vacating that public access easement. If the Due Diligence Date does not fall on a business day, then the Due Diligence Date will be the next business day thereafter. (d) Purchaser Termination Rights. Anything in this Agreement to the contrary notwithstanding, (i) Purchaser may, in its sole and absolute discretion, and for any reason or reasons or for no reason whatsoever, terminate this Agreement by delivering written notice of such termination to Seller at any time on or before the Due Diligence Date. In the event Purchaser terminates this Agreement under this Section 3(d), upon Seller’s written request within thirty (30) days after such termination, Purchaser will provide Seller with copies of any third party geotechnical or environmental reports obtained by Purchaser as part of the Investigations no later than ten (10) days after Seller’s written request therefore. Purchaser makes no representations regarding the correctness of the information provided and Seller shall have no right to rely on any such information for any reason. 4. Closing; Closing Date. The consummation of the purchase and sale (“Closing”) of the Property will occur on the date (“Closing Date”) (a) designated by Purchaser upon not more than thirty (30) days’ prior written notice, or (b) if no such date is designated by Purchaser, July 18, 2017, or (c) such other date as Purchaser and Seller may otherwise mutually agree in writing. If the scheduled Closing Date does not fall on a business day, then the Closing Date will be the next business day thereafter. 5. Title Insurance; Title Endorsements; Survey. (a) Title Insurance. Purchaser will cause to be delivered to Purchaser (at Seller’s sole cost and expense) a title insurance commitment (“Title Commitment”) for a 2006 ALTA owners title insurance policy (“Title Policy”) for the Property, issued by the Title Company, showing fee simple absolute title in the Land in, together with legible copies of all documents referenced in the Title Commitment. The Title Commitment will contain the commitment of the Title Company to delete the general exceptions and to insure as separate parcels any easements included as part of the Property. The Title Commitment may initially be in a nominal amount, which will be increased upon the issuance of the Title Policy to an amount equal to the Purchase Price. In addition to its paying the base premium for the Title Commitment and the Title Policy, Seller will also pay the premiums for an extended coverage endorsement, and for any endorsements required to clear title as required hereunder, including, without limitation, Seller’s Mandatory Cure Obligation (as such term is defined in Section 5(d) hereof) Seller will have no duty or obligation regarding the issuance of any of the endorsements described in Section 5(b) below. Attachment 2 Page 9 of 26 3 (b) Additional Title Endorsements. In Purchaser’s sole and absolute discretion, prior to the Due Diligence Date, the Title Commitment will be amended to include the following endorsements (which endorsements will be at Purchaser’s sole cost and expense and will also be included in the Title Policy): (i) a restrictions or comprehensive endorsement insuring against any loss or diminution of title to or interest in the Property by reason of a violation of a covenant, condition or restriction of record affecting the Property (or, if Purchaser has delivered appropriate plans and specifications to the Title Company, a modified form of such endorsement based on such plans and specifications); (ii) an ALTA Form 3.0 zoning endorsement (or, if Purchaser has delivered appropriate plans and specifications to the Title Company, an ALTA Form 3.1 zoning endorsement based on such plans and specifications); (iii) an “access” or “contiguity” endorsement insuring access from the Property to such roads, streets or thoroughfares as Purchaser may designate; (iv) a location endorsement 5 (i.e., “a survey endorsement” insuring that the legal descriptions in the Title Commitment and the Survey (as such term is defined in Section 5(c) hereof) describe and cover the same real property); (v) a tax parcel endorsement; (vi) such other endorsements as Purchaser may require; and (vii) the agreement of the Title Company to increase the amount of insurance, at a premium not greater that the Title Company’s standard rates therefor, to reflect the value of improvements placed on the Land by Purchaser after the Closing Date. (c) Survey. Purchaser may, in Purchaser’s discretion and at Purchaser’s expense, obtain a plat of survey (“Survey”) of the Land, prepared by a registered land surveyor duly licensed in the State of Illinois, selected by Purchaser, and certified to Purchaser, Seller, the Title Company and Purchaser’s lender, if any, as having been prepared in compliance with the Minimum Standard Detail Requirements for Class A Land Title Surveys established by ALTA/ACSM in 2016. Among other things, the Survey will be sufficient to cause the Title Company to delete the general exceptions under the Title Policy relating to survey matters. (d) Objectionable Matters; Unpermitted Encumbrances. If the Title Commitment shows, or the Survey discloses, any matters that are objectionable to Purchaser, in its sole and absolute discretion, then Purchaser will notify Seller thereof, in writing, on or before the date that is ten (10) business days before the Due Diligence Date, specifying the matters to which Purchaser objects (collectively, “Objectionable Matters”). Seller shall provide written notice to Buyer, within five (5) business days after receipt of Purchaser’s notice of Objectionable Matters, specifically stating which of the Objectionable Matters Seller agrees to correct, cure or remove at or before Closing; provided, however, that Purchaser acknowledges that Seller’s failure to cure any of the following Objectionable Matters will not be an event of default under this Agreement (i) Seller’s failure to obtain executed original releases (“Releases”) from owners of parcels adjacent to the Property sufficient to induce the Title Company to insure over or delete from the Title Policy exceptions pertaining to rights of those owners in the Property arising out of a public easement for ingress and egress created by that certain PUD Plat Recorded March 18, 1993 as Document No. 93204981 (“PUD Plat”), (ii) Seller’s failure to induce the Title Company to insure over or delete from the Title Policy exceptions pertaining to possible unrecorded utility easements as evidenced by manholes, catch basins, inlets, fire hydrants, light poles and auto sprinklers on the Property, (iii) Seller’s failure to cause the Property to be taxed as a separate real estate tax parcel, (iv) Seller’s failure to induce the Title Company to insure over or delete from the Title Policy exceptions pertaining to back real estate taxes by any means other than an unsecured indemnity, and (v) Seller’s failure to induce the Title Company to insure over or delete from the Title Policy exceptions pertaining to (A) encroachment of concrete step located on the Land by about .3 to .7 of a foot onto the public way lying northeasterly and adjoining as disclosed by survey made by John M. Henriksen, dated January 26, 1989, order number 891039 or (B) encroachment of the west face of the fence located mainly on the Attachment 2 Page 10 of 26 4 property north and west and adjoining onto the Land by approximately .6 feet, as shown on survey no. 961134, prepared by Edward J. Molloy & Associates, Ltd., dated December 11, 1996. Purchaser acknowledges that Seller has advised Purchaser that the Property is currently included as part of the tax parcel of an adjacent land owner (“Ventas Parcel”). In such event, as a condition (but not a covenant, except as provided either below in this Section 5(d) or elsewhere in this Agreement), prior to that Due Diligence Date, Purchaser must have received adequate assurances (in Purchaser’s sole and absolute discretion) that the Objectionable Matters will be removed on or before the Closing. If Purchaser does not receive such assurances, Purchaser will terminate this Agreement under Section 3(d) of this Agreement. Any Objectionable Matters that have been removed on or before the Due Diligence Date (or that Purchaser has been assured will be removed on or before the Closing) will be “Unpermitted Encumbrances.” Any matters that are shown on the Title Commitment or disclosed on the Survey, and in each case to which Purchaser does not object as provided in this Section 5(d), will be “Permitted Encumbrances.” Anything in this Section 5(d) or elsewhere in this Agreement to the contrary notwithstanding, all mortgages, deeds of trust, deeds to secure debt, assignments of leases and rents, security agreements, financing statements, other financing-related or construction-related liens on the Property, judgement liens and tax liens (other than the lien of real property taxes not yet due and payable (subject to Section 10 hereof regarding “Ventas Taxes” and “Exempt Taxes” (defined below)), encumbrances caused by Seller after the Effective Date without Purchaser’s prior written consent and rights of parties in possession or under leases or occupancy agreements at the Property, will conclusively be deemed to be Unpermitted Encumbrances and will be removed by Seller, at its sole cost and expense, at or before the Closing (such obligation of Seller to remove such items is herein called “Seller’s Mandatory Cure Obligation”). 6. Representations and Warranties of Seller. Seller hereby represents and warrants to Purchaser that all of the following are true and correct on and as of the Effective Date, will continue to be true and correct as of the Closing Date: (a) Seller is an Illinois home rule municipal corporation duly organized and validly existing and in good standing under the laws of the State of Illinois. All requisite action (as required under its organizational governance documents or by applicable law) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein, and the consummation of the transaction contemplated hereby. Each entity and each individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. The accuracy of the foregoing representations and warranties will be a condition to Purchaser’s obligations under this Agreement. If any of the foregoing representations or warranties is untrue, and is not cured (at no cost to Purchaser) prior to the scheduled Closing, then Seller will be allowed two business days after the date of the scheduled Closing in order to cause such representations and warranties to be true, and will use its best efforts to do so (and Seller will notify Purchaser promptly if Seller determines that Seller will not be able to do so). If Seller fails to cause such representations and warranties to conform to the requirements of this Agreement in all material respects within such two-business day period, then Purchaser may elect, in its sole and absolute discretion, (x) to purchase the Property as it then is, with the right to cause such non-conforming representations and warranties to be true and to deduct from the Purchase Price amounts that Purchaser reasonably determines are equal to the costs and expenses incurred as a result thereof and that are of a definite or ascertainable amount; or (y) to terminate this Agreement; or (z) to extend the time for up to an additional 30 days for Seller to cause such representations and warranties to conform to the requirements in this Agreement, and the Closing Date will automatically be extended by the number of days equal to such extended period (and if Purchaser elects to allow the extension of such time, Purchaser will have the same rights concerning such matters at the end of such extended period as Purchaser had at the end of the original period, other than the further extension of the Closing Date). Further, if the matter that gives rise to the failure of the representations or warranties to conform to the requirements of this Agreement was caused or permitted by Seller, then Purchaser’s rights set forth in the immediately preceding sentence will be in addition to, and not in lieu of, any other rights and remedies available to Purchaser for default by Seller. Attachment 2 Page 11 of 26 5 7. Representations and Warranties of Purchaser. Purchaser hereby represents and warrants to Seller that all of the following are true and correct on and as of the Effective Date, will continue to be true and correct as of the Closing Date: (a) Purchaser is a limited liability company duly organized and validly existing and in good standing under the laws of the State of Delaware and duly authorized to do business in the State of Illinois. All requisite action (as required under its organizational governance documents, or by applicable law) has been taken by Purchaser in connection with entering into this Agreement and the instruments referenced herein, and the consummation of the transaction contemplated hereby. 8. Escrow; Gap Closing. (a) Intentionally Deleted. (b) Gap Closing. The Closing hereunder will be a “gap” closing with the Title Company as escrowee, in accordance with the general provisions of the usual form of “gap” escrow agreement then in use by the Title Company, with such special provisions inserted in the escrow agreement as may be required to conform with this Agreement, if any (“Closing Escrow”). Seller and Purchaser hereby authorize their respective attorneys to sign the Closing Escrow agreement on behalf of their respective clients. The Purchase Price will be deposited in the Closing Escrow, and the payment thereof and the delivery of the Deed will be made through the Closing Escrow. The Closing will be concluded by use of “gap undertakings” furnished by the Title Company and executed by Seller, so that (i) the Title Company is prepared, at the Closing, to issue the Title Policy, insuring Purchaser’s fee simple absolute title to the Property in the amount of the Purchase Price and subject only to the Permitted Encumbrances, and (ii) the Purchase Price, plus or minus prorations or adjustments, may be disbursed prior to recording and a later date title search. The cost of the Closing Escrow will be divided equally between Seller and Purchaser. The Title Company, as escrowee, will file applicable transfer tax declarations electronically, as required by law, using the MY DEC system. 9. Closing Deliveries. Provided that all conditions of closing hereunder have been satisfied, the Closing will occur at the Minneapolis, Minnesota offices of the Title Company on the Closing Date; provided, however, that neither Seller nor Purchaser nor their respective attorneys will be required to attend in person. On the Closing Date (or earlier, if so required by the Closing Escrow agreement): (a) Seller’s Deliveries. Seller will execute and deliver the following to the Title Company for delivery to Purchaser on the Closing Date: (i) Seller’s quit claim deed (“Deed”) in a commercially reasonable and recordable form sufficient to convey to Purchaser fee simple absolute title to the Property, subject only to the Permitted Encumbrances; (ii) Appropriate state, county and municipal transfer tax or other similar declarations, executed by Seller or Seller’s agent in the form required pursuant to applicable law; (iii) A settlement statement signed by Seller or Seller’s agent; (iv) If required by the Title Company, an owner’s affidavit, gap undertaking and/or personal undertaking regarding mechanics’ lien risk associated with any work performed at the Property prior to Closing, duly executed and acknowledged by Seller in form and content required by the Title Company, together with any evidence of authority reasonably required by the Title Company; (v) A “FIRPTA” affidavit conforming to the requirements of Section 1445 of the Internal Revenue Code of 1986, as amended, and the regulations Attachment 2 Page 12 of 26 6 applicable thereto, and if Seller fails to furnish such FIRPTA affidavit, Purchaser may withhold from the Purchase Price an amount sufficient to comply with the provisions of such Section; (vi) A Designation Agreement executed by Seller designating the "reporting person" for purposes of completing the Internal Revenue Service Form 1099 and, if applicable, Internal Revenue Form 8594 (the "Designation Agreement"); and (vii) Such other documents as may be necessary or proper to comply with this Agreement or required by the Title Company and agreed to by Seller during the Due Diligence Period. (b) Purchaser’s Deliveries. Purchaser will execute and deliver the following to the Title Company for delivery to Seller on the Closing Date: (i) The Purchase Price, plus or minus prorations, by wire transfer or otherwise in immediately available funds; (ii) Appropriate state, county and municipal transfer tax or other similar declarations, executed by Purchaser or Purchaser’s agent in the form required pursuant to applicable law; (iii) A settlement statement signed by Purchaser or Purchaser’s agent; (iv) A Designation Agreement signed by Purchaser; and (v) Such other documents as may be necessary or proper to comply with this Agreement or required to carry out its terms. 10. Prorations of General Real Estate Taxes. No proration of real estate taxes and installments of special assessments affecting the Land (collectively, “Taxes”) will occur at Closing. In particular, real estate taxes and installments of special assessments that may have been assessed against the Land solely because the Land has been included as part of the Ventas Parcel (“Ventas Taxes”) will be excluded from Taxes for purposes of this Agreement and will not be prorated between Purchaser and Seller. Seller will exercise commercially reasonable efforts to cause the Land to be taxed as a separate tax parcel, though Purchaser and Seller acknowledge that the Land may not be taxed as a separate tax parcel at Closing. Upon issuance of any tax bill for the Property after the Closing Date for which the Property is not included as part of the Ventas Parcel, Seller will deliver a copy of that bill to Purchaser not less than ten (10) days before the due date (without penalty or interest) thereof. Each of Seller and Purchaser will pay its share of such bill for Taxes directly to the appropriate taxing authority on or before the due date thereof and before any penalty date. Seller and Purchaser will each provide the other with reasonable written evidence of the timely payment of its share of each such tax bill. Seller will be responsible for the payment to the collection authorities of all Taxes which have been assessed and which are due and payable as of the date immediately preceding the Closing Date (“Proration Date”). Purchaser will be responsible for the payment to the collection authorities of all Taxes that have been or will be assessed and that become due and payable on or after the Proration Date. To the extent the Land is exempt from Taxes prior to the Closing Date, no proration of Taxes will occur at Closing. In the event Taxes assessed against the Land that are Seller’s responsibility hereunder, Seller will pay those Taxes in the manner required by law and, to the extent Seller is subsequently entitled to a refund thereof because the Land was exempt from assessment for real estate taxes during Seller’s period of ownership thereof (“Exempt Taxes”), Seller will be entitled to any refund associated therewith. Seller’s and Purchaser’s respective obligations under this Section 10 will survive the Closing and delivery of the Deed 11. Development Matters. Seller will not make any agreements with, or grant rights to any other party, governmental or private, which will prevent or limit the right of Purchaser, or its lessees, invitees, successors Attachment 2 Page 13 of 26 7 or assigns, to use the Property or to obtain any such consents or approvals for or in connection with the Intended Uses without Purchaser’s prior written consent. 12. Conditions of Closing. (a) Purchaser’s Closing Conditions. The obligation of Purchaser to consummate the transaction hereunder is expressly subject to and contingent upon the occurrence of each and every one of the following: (i) Purchaser or the Title Company, as applicable, will have received the items set forth in Section 9 hereof. (ii) The Title Company will be prepared to issue the Title Policy, dated as of the Closing Date and showing fee simple title in Purchaser, subject only to the Permitted Encumbrances, and otherwise in accordance with the provisions of and containing the extended coverage and the endorsements specified in Sections 5(a) and 5(b) hereof. (iii) Purchaser will have found the status of title and the Survey to be acceptable, with the Survey being free of defects, or Seller will have made title and the Survey acceptable, in accordance with the provisions of Section 5(d) hereof. (iv) All representations and warranties of Seller will be true and correct in all material respects as of the Closing Date. (v) Purchaser will not have received any notice that (A) the Property or any portion thereof was ever used for the treatment, transportation, storage, handling or disposal of any Hazardous Materials, (B) the Property or any portion thereof has ever appeared on any federal or state registry of inactive hazardous waste site, or (C) there has been any notice or claim concerning the presence or release (or alleged presence or release) of Hazardous Materials at the Property or any portion thereof. (vi) Since the Initial Due Diligence Date, there will not have been any material adverse change in the physical condition or characteristics of, the condition of title of, or otherwise with respect to the Property, including, without limitation, any material adverse change in the ability to use or develop the Property for the Intended Uses. (vii) Seller will have complied with all terms, provisions and conditions of this Agreement in all material respects. (viii) Purchaser will have purchased (or will be satisfied that it will purchase contemporaneously with the Closing upon terms satisfactory to Purchaser in its sole discretion) that certain parcel of real estate commonly known as 1555-1557 Ellinwood Avenue, Des Plaines, Illinois and that certain parcel of real estate commonly known as 1565 Ellinwood, Des Plaines, Illinois (collectively, “Adjacent Property”). (ix) A final plat of subdivision acceptable to Purchaser regarding the development of the Property and the Adjacent Property for the Intended Uses will be recorded against the Property and the Adjacent Property, respectively, at Closing. (b) Purchaser’s Right to Terminate. In the event any of the foregoing conditions has not been fulfilled or expressly waived in writing by Purchaser, then in addition to any other remedy available to Purchaser (but subject to Seller’s cure rights under Section 13(a) hereof), Purchaser may terminate this Agreement by giving written notice to Seller on or before the Closing Date, without limiting Purchaser’s other remedies under this Agreement and otherwise at law or in equity. (c) Seller’s Closing Conditions. The obligation of Seller to consummate the transaction hereunder is expressly subject to and contingent upon the occurrence of each and every one of the following: Attachment 2 Page 14 of 26 8 (i) Seller or the Title Company, as applicable, will have received the items set forth in Section 9(b) hereof. (ii) All representations and warranties of Purchaser will be true and correct in all material respects as of the Closing Date. (iii) Purchaser will have complied with all terms, provisions and conditions of this Agreement in all material respects. (d) Seller’s Right to Terminate. In the event any of the foregoing conditions has not been fulfilled or expressly waived in writing by Seller, then in addition to any other remedy available to Seller (but subject to Purchaser’s cure rights under Section 13(b) hereof), Seller may terminate this Agreement by giving written notice to Purchaser on or before the Closing Date. 13. Default. (a) Default by Seller. IF SELLER BREACHES ITS OBLIGATION TO COMPLETE THE SALE AND CONVEYANCE OF THE PROPERTY AS PROVIDED IN THIS AGREEMENT AND SUCH BREACH CONTINUES FOR FIVE DAYS AFTER PURCHASER’S DELIVERY TO SELLER OF WRITTEN NOTICE THEREOF, THEN PURCHASER WILL BE ENTITLED TO ALL REMEDIES AVAILABLE TO IT UNDER THIS AGREEMENT AND OTHERWISE AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, THE REMEDY OF SPECIFIC PERFORMANCE. SELLER AND PURCHASER ACKNOWLEDGE AND AGREE THAT THE PROPERTY IS UNIQUE IN NATURE AND A FAILURE BY SELLER TO PERFORM THE TERMS OF THIS AGREEMENT WILL MATERIALLY AND IRREPARABLY INJURE, AND RESULT IN THE SUFFERING OF A MATERIAL LOSS BY, PURCHASER, AND THAT SUCH INJURY AND LOSS CANNOT BE FULLY OR ADEQUATELY COMPENSATED BY THE PAYMENT OF MONEY OR BY AN AWARD OF DAMAGES. EACH PARTY THEREFORE ACKNOWLEDGES AND AGREES THAT IF SELLER SHOULD FAIL BREACH ITS OBLIGATIONS TO COMPLETE THE SALE AND CONVEYANCE OF THE PROPERTY HEREUNDER, PURCHASER SHALL BE ENTITLED TO THE SPECIFIC PERFORMANCE OF THIS AGREEMENT. IN ADDITION, IN THE EVENT PURCHASER TERMINATES THIS AGREEMENT DUE TO (i) A SELLER DEFAULT, (ii) A REPRESENTATION OR WARRANTY OF SELLER BEING UNTRUE WHEN MADE AS OF THE EFFECTIVE DATE, OR (iii) A REPRESENTATION OR WARRANTY OF SELLER BECOMING UNTRUE DUE TO SELLER’S ACTION, THEN PURCHASER WILL BE ENTITLED TO ALL REMEDIES AVAILABLE TO IT UNDER THIS AGREEMENT OR OTHERWISE AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, THE REMEDY OF SPECIFIC PERFORMANCE. (b) Default by Purchaser. IF PURCHASER BREACHES ITS OBLIGATION TO COMPLETE THE PURCHASE OF THE PROPERTY AS PROVIDED IN THIS AGREEMENT AND SUCH BREACH CONTINUES FOR FIVE DAYS AFTER SELLER’S DELIVERY TO PURCHASER OF WRITTEN NOTICE THEREOF, THEN SELLER’S SOLE AND EXCLUSIVE REMEDY WILL BE TO TERMINATE THIS AGREEMENT AND RECOVER FROM PURCHASER SELLER’S REASONABLE OUT OF POCKET COSTS INCURRED IN CONNECTION WITH THIS AGREEMENT AND THE TRANSACTION CONTEMPLATED HEREBY, SUCH AMOUNTS IN NO EVENT TO EXCEED $_________. 14. Condemnation. In the event that, between Effective Date and the Closing Date, any condemnation or eminent domain proceedings are instituted that might result in the taking of all or any portion of the Property (except for such portions thereof as would not, in Purchaser’s sole and absolute discretion, impair the use thereof for the Intended Uses), Seller will immediately notify Purchaser in writing of such occurrence, and thereupon Purchaser may elect (in its sole and absolute discretion) to: (a) terminate this Agreement, in which event all rights and obligations of the parties hereunder will cease with respect to such Property; Attachment 2 Page 15 of 26 9 (b) elect to consummate the subject transaction and require Seller to deliver to Purchaser a duly executed assignment, in form and substance satisfactory to Purchaser, of proceeds payable as a result of Seller’s right to receive any condemnation award; or (c) elect to consummate the subject transaction, but with an adjustment of the Purchase Price based on a re-determination of the net usable square footage of the Land. Purchaser will have 30 days after the date of its receipt of written notice of such institution of proceedings within which to exercise its rights under this Section 14. If the Closing is scheduled to occur within such 30-day period, the Closing will be delayed until Purchaser makes such election, and if Purchaser elects to consummate the transaction, the Closing Date will be adjusted accordingly. 15. Covenants of Seller. Between the Effective Date and the Closing Date, Seller will: (a) not, without first obtaining the written consent of Purchaser, enter into any contracts, leases or other agreements pertaining to the Property or any portion thereof, which consent will not be unreasonably withheld to the extent any such agreement is entered into for purposes of title clearance; (b) comply with all laws, ordinances, regulations and restrictions affecting the Property or any portion thereof (including, without limitation, the use thereof); (c) comply with the terms of all mortgages, liens, pledges, leases, licenses, easements and other similar encumbrances affecting the Property or any portion thereof; (d) not create or permit to be created any mortgage (or amendments to any existing mortgage), lien, pledge, lease, license, easement or other similar encumbrance in any way affecting the Property or any portion thereof without Purchaser’s prior written consent, which consent will not be unreasonably withheld to the extent any such encumbrance is entered into for purposes of title clearance; (e) not commit any waste or nuisance upon the Property or any portion thereof; and 16. Notices. Any notice or other communication in connection with this Agreement will be in writing and will be sent by United States certified mail, return receipt requested, postage prepaid, by a nationally recognized overnight courier guaranteeing next day delivery, by electronic mail or by personal delivery, properly addressed as follows: If to Purchaser: Opus Development Company, L.L.C. 9700 Higgins Road, Suite 900 Rosemont, Illinois 60018 Attention: Sean T. Spellman E-Mail: sean.spellman@opus-group.com with a copy to: Opus Development Company, L.L.C. 10350 Bren Road West Minnetonka, Minnesota 55343 Attention: Legal Department E-Mail: tom.hoben@opus-group.com and with a copy to: O’Rourke, Hogan, Fowler & Dwyer, LLC 10 South LaSalle Street, Suite 3700 Chicago, Illinois 60603 Attention: Howard I. Goldblatt E-Mail: hgoldblatt@ohfdlaw.com Attachment 2 Page 16 of 26 10 If to Seller: City of Des Plaines 1420 Minor Street Des Plaines, Illinois 60016 Attention: Michael Bartholomew, City Manager E-Mail: mbartholomew@desplaines.org With a copy to: Holland & Knight LLP 131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 Attention: Peter Friedman E-Mail: peter.friedman@hklaw.com and with a copy to: Holland & Knight LLP 131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 Attention: Megan Cawley E-Mail: megan.cawley@hklaw.com All notices will be deemed given three business days following deposit in the United States mail with respect to certified or registered letters, one business day following deposit if delivered to an overnight courier guaranteeing next day delivery, and on the same day if sent by personal delivery or by electronic (e-mail) transmission (with proof of transmission). Attorneys for each party will be authorized to give notices for each such party. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified. 17. Miscellaneous. (a) Counterpart; Electronic Transmission. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. In order to facilitate execution of this Agreement, the parties may execute and deliver counterparts hereof (or counterparts of the signature page or pages hereof) by e-mail transmission, and such e-mail transmitted counterparts will be binding and enforceable to the same extent as originals thereof. (b) Section Headings. The Section headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. (c) Entire Agreement; No Waiver. This written Agreement constitutes the entire agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements which can or will modify this Agreement, and no waiver of any of its terms will be effective unless in a writing executed by the parties. (d) Severability. The unenforceability or invalidity of any provisions hereof will not render any other provisions herein contained unenforceable or invalid. (e) Assignment. Seller may not assign this Agreement or any of its rights hereunder. Purchaser, however, may freely assign this Agreement and its rights hereunder, and may name a designee or nominee, without Seller’s consent; provided, however, that Purchaser will notify Seller, in writing, of any such assignment within 30 days after the effective date of such assignment; and provided further, however, that upon any such assignment by Purchaser, such Purchaser/assignor will be automatically released from any and all liability under or in connection with this Agreement or the transactions contemplated hereunder. (f) Brokers. With respect to real estate brokers: (i) Seller represents and warrants to Purchaser that Seller has not engaged or dealt with any broker or other person or entity who would be entitled to any brokerage fee or commission with respect to the finding, negotiation or execution of this Agreement or the Attachment 2 Page 17 of 26 11 consummation of the transactions contemplated hereby. Seller will indemnify, defend and hold harmless Purchaser, and Purchaser’s successors and assigns, with respect to any claim by any person or entity, claiming to have been engaged by Seller, or claiming by, through or under Seller, so as to become entitled to any such fee or commission. (ii) Purchaser represents and warrants to Seller that Purchaser has not engaged or dealt with any broker or other person or entity who would be entitled to any brokerage fee or commission with respect to the finding, negotiation or execution of this Agreement or the consummation of the transactions contemplated hereby. Purchaser will indemnify, defend and hold harmless Seller with respect to any claim by any person or entity claiming to have been engaged by Purchaser, or claiming by, through or under Purchaser, so as to become entitled to any such fee or commission. (g) Governing Law. This Agreement will be construed and enforceable in accordance with the laws of the State of Illinois, without application of its choice of law rules. (h) Binding Nature. This Agreement will be binding upon and inure to the benefit of the parties hereto, and their respective successors and permitted assigns. (i) Survival. This Agreement and the provisions, representations and warranties herein set forth will survive the Closing and delivery of the Deed. (j) Time of Essence. Time is of the essence of this Agreement. (k) Intentionally Deleted. 18. Bulk Sales. Seller represents and warrants to Purchaser that no withholding is necessary to comply with the requirements of Section 902(d) of the Illinois Income Tax Act or Section 5(j) of the Retailer’s Occupation Tax Act in connection with the sale of the Property contemplated by this Agreement. Seller will indemnify, defend, save and hold harmless Purchaser and its successors and assigns for any liability that Purchaser may incur as a result of either of those Acts. This provision shall survive the Closing [Signatures on following page] Attachment 2 Page 18 of 26 12 In witness whereof, the parties hereto have caused this Agreement to be executed and delivered as of the day and the date first above written. Purchaser: Opus Development Company, L.L.C., a Delaware limited liability company By: Name: Title: Seller: The City of Des Plaines, an Illinois home rule municipal corporation By: Name: Title: Attachment 2 Page 19 of 26 Exhibit A -- Legal Description of Land LOT 100 (EXCEPT THE EAST 8 FEET THEREOF) IN THE ORIGINAL TOWN OF RAND (NOW DES PLAINES), BEING A SUBDIVISION OF PARTS OF SECTIONS 16, 17, 20 AND 21, ALL IN TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Attachment 2 Page 20 of 26 CITY OF DES PLAINES ORDINANCE Z – 28 - 16 A ORDINANCE VACATING AND ABROGATING A PUBLIC EASEMENT OVER PROPERTY LOCATED ON ELLINWOOD STREET. WHEREAS, the City of Des Plaines is the owner of that certain parcel of real property located on the south side of Ellinwood Street, approximately 433 feet west of the center line of Des Plaines River Road (“City Parcel”) which is legally described and depicted in Exhibit A, attached to, and by this reference, made a part of this Ordinance; and WHEREAS, pursuant to that certain “Final P.U.D. Plat for the Heritage of Des Plaines” recorded in the Office of the Cook County Recorder as Document No. 93204981, the City dedicated a Public Easement for Ingress and Egress over the City Parcel (“Easement”); and WHEREAS, Opus Development Company, LLC (“Developer”), intends to redevelop the parcels located at to 1555-1557 Ellinwood Avenue, Des Plaines, Illinois (“Adjacent Properties”), which are adjacent to the City Parcel with a multi-unit residential mixed use building; and WHEREAS, the City of Des Plaines (“City”) intends to convey the City Parcel to the Developer; and WHEREAS, prior to conveying the City Parcel to the Developer, the City desires to vacate and abrogate the Easement pursuant to its home rule authority and to the terms and conditions set forth herein; and WHEREAS, the City Council has determined that the Easement is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City and the general public; and 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 set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for the approval of this Ordinance. SECTION 2: JURISDICTION. The City Council does hereby certify that the City Parcel and the Easement is located entirely within the corporate limits of the City of Des Plaines and is subject to the jurisdiction of the City of Des Plaines. Attachment 3 Page 21 of 26 SECTION 3: VACATION AND ABROGATION OF EASEMENT. Subject to the conditions set forth in Section 5 of this Ordinance, and the City’s home rule authority, the Easement over the City Parcel for “Public Ingress and Egress” as depicted on the Final P.U.D. Plat for the Heritage of Des Plaines, a portion of which is depicted in Exhibit B, attached hereto and by this reference made a part of this Ordinance, shall be, and is hereby vacated, abrogated, and released. SECTION 4: RECORDATION. The City Manager is hereby directed to cause a certified copy of this Ordinance to be recorded with the office of the Cook County Recorder of Deeds. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect only upon, and not before the occurrence of the following events: A. Passage, approval, and publication in the manner provided by law; and B. Execution by the City and the Developer of a Purchase and Sale Agreement for the City Parcel in substantially the form approved by Ordinance No. __-__-16 C. Recordation of this Ordinance with the office of the Cook County Recorder of Deeds. [SIGNATURE PAGE FOLLOWS] Attachment 3 Page 22 of 26 PASSED this _____ day of ____________, 2016. APPROVED this _____ day of _____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Attachment 3 Page 23 of 26 EXHIBIT A LEGAL DESCRIPTION OF CITY PARCEL LOT 100 (EXCEPT THE EAST 8 FEET THEREOF) IN THE ORIGINAL TOWN OF RAND (NOW DES PLAINES), BEING A SUBDIVISION OF PARTS OF SECTIONS 16, 17, 20 AND 21, ALL IN TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as: 1567 Ellinwood, Des Plaines, Illinois, 60016 Attachment 3 Page 24 of 26 EXHIBIT B DEPICTION OF EASEMENT Attachment 3 Page 25 of 26 N: \ P r o j e c t s \ 8 8 3 8 \ S U R V E Y \ 8 8 3 8 A L T A - L 1 0 0 . d g n D e f a u l t U s e r = s s e k u l i c h Ex h i b i t A Page 26 of 26 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: November 9, 2016 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-178-16, November 21, 2016 Warrant Register Recommendation: I recommend that the City Council approve the November 21, 2016 Warrant Register Resolution R-178-16. Warrant Register……………………………$3,899,735.91 Estimated General Fund Balance Balance as of 09/30/2016: $23,212,245 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 25 CITY OF DES PLAINES RESOLUTION R-178-16 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. November 21, 2016 Page 2 of 25 Line #Invoice Invoice Desc Amount 1 2 4160 Real Estate Transfer Tax Refund 10/25/16 Refund for Overpayment of Transfer Stamp 10.00 3 4160 Real Estate Transfer Tax Refund 11/04/16 Real Estate Transfer Tax Refund 11/04/2016 320.00 4 4300 Vehicle Licenses Refund 11/02/16 Vehicle Sticker Refund 11/02/2016 120.00 5 4300 Vehicle Licenses Refund 10/25/16 Vehicle Sticker Refund 10/25/2016 60.00 6 4300 Vehicle Licenses Refund 10/21/16 Vehicle Sticker Refund 10/21/2016 40.00 7 4300 Vehicle Licenses Refund 10/17/16 Vehicle Sticker Refund 10/17/2016 50.00 8 4320 Business Licenses 4 Business License and Fingerprinting Refund 10/17/2016 500.00 9 4400 Building Permits 2016-09000267 Sewer Permit Refund Issued 09/23/2016 300.00 10 4400 Building Permits 2016-01300208 Cancelled Window Permit Refund Issued 10/20/2016 35.00 11 4500 Court costs, Fees & Charges P0233648 Overpayment for Parking Ticket 10/28/2016 40.00 12 4500 Court costs, Fees & Charges P0233649 Overpayment for Parking Ticket 10/28/2016 40.00 13 4630 Resident Ambulance Fees 16-0034027 Medical Reimb for Ambulance Billing DOS 08/25/2016 218.49 14 4630 Resident Ambulance Fees 16-0020636 Medical Reimb for Ambulance Billing DOS 05/28/2016 76.67 15 4630 Resident Ambulance Fees 15-0049039 Medical Reimb for Ambulance Billing DOS 12/08/2015 99.04 16 1,909.20 17 18 6005 Legal Fees 5411880 9-16 Non-Retainer Referendum Review 1,486.00 19 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 767.31 20 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 62.62 21 7000 Office Supplies 875203319001 2 Staple Removers 2.58 22 7000 Office Supplies 875201559001 1 Desk Calendar 6.95 23 7000 Office Supplies 875203320001 3 Ctns Copy Paper, File Folders, Post-It Notes, Clips, Bands 187.51 24 2,512.97 25 26 5530 Employee Assistance Program 85177 Employee Assistance Program 11/01-11/30/2016 542.50 27 6000 Professional Services 2862 Photography @ City Hall of Mayor, Aldermen, & Directors 03/07/16 750.00 City of Des Plaines Warrant Register 11/21/2016 20 4651 Perspectives 20 5532 Digital Take LTD 10 1066 Office Depot Total 10 - Elected Office City Administration 10 1066 Office Depot 10 1066 Office Depot 10 1552 Verizon Wireless 10 1552 Verizon Wireless Total 00 - Non Departmental Elected Office 10 3447 Holland & Knight LLP 00 1459 Blue Cross Blue Shield of Illinois 00 1459 Blue Cross Blue Shield of Illinois 00 6467 Shambora, Steven 00 6459 IlliniCare Health Plan 00 1979 American Thermal Window Products Inc 00 6467 Shambora, Steven 00 6453 Chen, Jinxin 00 5253 ABC Plumbing Heating Cooling & Electric Inc 00 6469 Patel, Parth 00 2576 Stronczek, Daniel N 00 6476 Lisiewski, Grzegorz 00 6472 Garcia, Hilario Fund: 100 - General Fund 00 6470 Erickson Law Office Ltd 00 6478 Aleo & Vargo, Juanita & Joseph Org Account Vendor Page 3 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 28 6000 Professional Services 75785 14 10x3 Bright Silver Holders with Customized Name Plates 308.00 29 6005 Legal Fees 5411896 9-16 Reimb Building Demo 1,053.00 30 6005 Legal Fees SEPT 2016 RET September 2016 Retainer 18,500.00 31 6005 Legal Fees 5411875 9-16 Non-Retainer IEMA & FEMA Review FEMA 4116 6,522.00 32 6005 Legal Fees 5411889 9-16 Non-Retainer Litigation*1,345.50 33 6009 Legal Fees - Admin Hearings/Prosecutions 16-20 Legal Services 10/20- 10/31/2016 940.00 34 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 450.18 35 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 481.68 36 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 38.01 37 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 38.01 38 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 228.08 39 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 56.51 40 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 62.62 41 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 62.62 42 6108 Public Relations & Communications 171356 Full Page 4-Color Fire Dept Ad for 125th Anniversary 10/19/2016 769.00 43 6110 Printing Services IN687769 Copy Charge For City Copiers 09/22/2016 - 10/21/2016 99.01 44 6195 Miscellaneous Contractual Services 3289 October 2016 Costs for Citizen Request System Study Group 275.00 45 6305 R&M Equipment 90051157 Server Maintenance Contract 10/01/2016 - 10/31/2016 214.00 46 6550 Subsidy - Senior Citizen Cab Service 00002319 Subsidized Taxi Vouchers Program Sept 2016 M-12-22 3,300.00 47 7000 Office Supplies 663484-0 2 Boxes of Copy Paper 65.98 48 7300 Uniforms SIN4305883 2 Uniform Cardigans for Nurse & Social Worker 92.00 49 7300 Uniforms SCR530520 Uniform Credit for Nurse & Social Workers (86.03) 50 7320 Equipment < $5,000 9773641296 Cell Phone Service 09/14- 10/13/2016 714.96 51 7500 Postage & Parcel 5-590-91709 Delivery Services 10/03- 10/04/2016 21.39 52 7500 Postage & Parcel 5-590-91709 Delivery Services 10/03- 10/04/2016 17.14 53 8010 Furniture & Fixtures 664562-0 One Black Office Chair 149.99 54 37,011.15Total 20 - City Administration 20 1041 Federal Express 20 1220 Runco Office Supply 20 1552 Verizon Wireless 20 1041 Federal Express 20 1538 Lands' End Business Outfitters 20 1538 Lands' End Business Outfitters 20 6464 Park Ridge Dispatch Inc 20 1220 Runco Office Supply 20 1060 Municipal GIS Partners Inc 20 2933 SMS Systems Maintenance Services Inc 20 1050 Journal & Topics 20 1119 Chicago Office Technology Group Inc 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 1552 Verizon Wireless 20 3447 Holland & Knight LLP 20 1073 Bartel, Raymond 20 3447 Holland & Knight LLP 20 3447 Holland & Knight LLP 20 2031 Rebel's Trophies Inc 20 3447 Holland & Knight LLP Page 4 of 25 * On-going City litigation items provided separately to the City Council Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 55 56 6000 Professional Services 2352 Investment Mgmt Services for 4th Qtr 2016 1,850.00 57 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 196.30 58 7000 Office Supplies 3251767-0 2 Dz Pens, 2 Letter Openers, 1 Pk of Data CDs, Etc. 64.52 59 7000 Office Supplies 3242479-0 2 Cartons of Copy Paper 66.10 60 2,176.92 61 62 5310 Membership Dues 2017 Dues IEDA 2017 Organizational Membership 1/1-12/31/17 250.00 63 5335 Travel Expenses Reimb 09/29/2016 APA Annual Conf Parking Reimb 09/29-09/30/2016 27.00 64 5335 Travel Expenses Reimb 10/18/2016 ICSC Deal Making Conf Travel Reimb 10/18-10/20/2016 109.30 65 6000 Professional Services 63215 Three Elevator Inspections 10/05/2016 225.00 66 6000 Professional Services 63247 Elevator Plan Review 10/17/2016 40.00 67 6000 Professional Services 63246 Elevator Plan Review 10/17/2016 40.00 68 6000 Professional Services 63251 4 Elevator Inspections 10/06/2016 300.00 69 6000 Professional Services 63230 1 Elevator Inspection and 15 Elevator Re-Inspections 10/06/2016 29.00 70 6000 Professional Services 63368 2 Elevator Inspections 10/18/2016 150.00 71 6000 Professional Services 63427 Elevator Plan Review 10/31/2016 40.00 72 6000 Professional Services 104175882 Available Commercial Property Database Nov 2016 334.40 73 6000 Professional Services 137222 Lee and Prospect Alta Survey 10/20/2016 2,950.00 74 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 538.97 75 6100 Publication of Notices 171260 Planning and Zoning Board Legal Notice 10/12/2016 142.29 76 6100 Publication of Notices 171452 Planning and Zoning Board Legal Notice 10/31/2016 150.20 77 6105 Records Preservation I000075579 Scanned 4 Boxes of Permits from 2015 900.40 78 6110 Printing Services 50086 ICSC Booth Graphics 1,020.00 79 6110 Printing Services 7223/24527 200 Business Assistance & 500 Restaurant District Postcards 280.00 80 6110 Printing Services 39239 4K #10 Window Envelopes 10/19/2016 451.00 81 6195 Miscellaneous Contractual Services 25026 Nuisance Abatement and Grass Cutting October 2016 3,048.90 82 6195 Miscellaneous Contractual Services 45061 750-800 Northwest Highway Outside Plan Review 10/10/2016 5,172.73406315 B&F Construction Code Services Inc 40 1233 Press Tech Inc 40 3013 Clauss Brothers Inc 40 5170 Nimlok Chicago 40 1106 Chromatech Printing Inc 40 1050 Journal & Topics 40 1370 Microsystems Inc 40 1552 Verizon Wireless 40 1050 Journal & Topics 40 5215 CoStar Realty Information Inc 40 1398 Gremley & Biedermann 40 3309 Elevator Inspection Services Inc 40 3309 Elevator Inspection Services Inc 40 3309 Elevator Inspection Services Inc 40 3309 Elevator Inspection Services Inc 40 3309 Elevator Inspection Services Inc 40 3309 Elevator Inspection Services Inc 40 5086 Pruss, Lauren 40 3309 Elevator Inspection Services Inc 40 3568 Illinois Economic Development Association 40 5086 Pruss, Lauren 30 1644 Warehouse Direct Inc Total 30 - Finance Community Development 30 1552 Verizon Wireless 30 1644 Warehouse Direct Inc Finance 30 1101 Capital Gains Inc Page 5 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 83 7000 Office Supplies 871915025001 Electric Stapler and Card Stock Paper 10/14/2016 59.48 84 7000 Office Supplies 871915092001 Two Cases of Copy Paper 60.44 85 7000 Office Supplies 875208822001 Two Cases of Copy Paper and Two Packs of Label Tape 58.49 86 7000 Office Supplies 875209031001 1 Dz Pens & 2 Boxes of Paper Clips 42.77 87 7000 Office Supplies 875208822001 Two Cases of Copy Paper and Two Packs of Label Tape 58.49 88 7000 Office Supplies 871915092001 Two Cases of Copy Paper 60.44 89 16,539.30 90 91 5310 Membership Dues 0006368-IN 2017 Suburban Tree Consortium Dues 575.00 92 5310 Membership Dues #50630-2017 Membership Renewal 01/01- 12/31/2017-Street Foreman 175.00 93 5310 Membership Dues #17389-2017 Membership Renewal 01/01- 12/31/2017-Superintendent General Services 175.00 94 5325 Training Reimb 10/14/2016 IFAMA Training & EVT Testing 10/13-10/14/2016 - Fleet Foreman 364.31 95 5335 Travel Expenses Reimb 10/20/2016 Parking at Navy Pier for EDC - 10/18 & 10/20/2016 56.00 96 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 202.18 97 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 121.71 98 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 427.13 99 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 92.26 100 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 533.18 101 6040 Waste Hauling & Debris Removal 27437 Light Bulb & Battery Recycling - 10/24/2016 1,034.82 102 6115 Licensing/Titles Reimb 10/21/2016 Reimb for CDL Renewal Expires 11/11/2020 30.00 103 6135 Rentals - Equipment 63504968-001 Stump Grinder Rental - 09/21- 10/18/2016 3,980.88 104 6135 Rentals - Equipment 63504968-003 Stump Grinder Rental - Time Reduced 09/28-10/18/2016 (1,670.36) 105 6135 Rentals - Uniforms 022379582 Fleet Mechanics Uniform Rental - 10/17/2016 117.25 106 6135 Rentals - Uniforms 022382610 Fleet Mechanics Uniform Rental - 10/24/2016 117.25 107 6145 Custodial Services 10.31.2016 Custodial Services - October 2016 4,424.70 108 6170 Tree Maintenance 19882 Parkway Trees Trimmed 10/17- 10/21/2016 R-3-16 13,256.25 109 6170 Tree Maintenance 19873 28 Tree Removals - 09/14- 10/22/2016 R-3-16 21,114.00 110 6175 Tree Plantings 0006354-IN Replacement Trees and Planting - 10/04 & 10/17/2016 R-27-16 6,098.00 50 1176 Trees "R" Us Inc 50 1153 West Central Municipal Conference 50 5343 ABC Commercial Inc 50 1176 Trees "R" Us Inc 50 1029 Cintas #22 50 1029 Cintas #22 50 5593 Sunbelt Rentals Inc 50 5593 Sunbelt Rentals Inc 50 2224 Midwest Lamp Recycling Inc 50 5480 Ostrowski, Jason 50 1552 Verizon Wireless 50 1552 Verizon Wireless 50 1552 Verizon Wireless 50 1552 Verizon Wireless 50 3874 Serpe, Dave 50 1552 Verizon Wireless 50 5441 International Society of Arboriculture 50 6029 Magak, Ralph 50 1153 West Central Municipal Conference 50 5441 International Society of Arboriculture 40 1066 Office Depot Total 40 - Community Development Public Works & Engineering 40 1066 Office Depot 40 1066 Office Depot 40 1066 Office Depot 40 1066 Office Depot 40 1066 Office Depot Page 6 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 111 6195 Miscellaneous Contractual Services A2519694 Repaired River Trail Sign @ Ballard & Rand-Hit & Run 11/02/2016 1,810.00 112 6195 Miscellaneous Contractual Services 37779 1000 Forestry Door Hangers 1,090.00 113 6195 Miscellaneous Contractual Services 5184 Decorate 32 Oakton Street Light Poles - 11/01/2016 18,368.00 114 6195 Miscellaneous Contractual Services 17288 Annual UST Inspection - 5PW3 Fuel Island - 10/24/2016 516.00 115 6195 Miscellaneous Contractual Services 74771510 Acetylene & Oxygen Tank Rental - 10/23/2016 429.61 116 6195 Miscellaneous Contractual Services 3290 GIS Staffing and Services 10/01- 10/31/2016 15,783.19 117 6195 Miscellaneous Contractual Services 441 Fee to Support Shared Assets of GIS 01/01-12/31/2016 2,494.89 118 6195 Miscellaneous Contractual Services 33694 Fall Planting Display - 10/12/2016 154.61 119 6195 Miscellaneous Contractual Services 56152083A Vegetation Control Application - 10/19/2016 2,461.10 120 6195 Miscellaneous Contractual Services 56152083B Vegetation Control - Add'l Locations - 10/19/2016 134.72 121 6195 Miscellaneous Contractual Services 56080397 Vegetation Control-Riverwalk Trails, Schwab & Rand Rds- 10/19/16 1,280.00 122 6195 Miscellaneous Contractual Services 55695829 Growth Regulator - Retention Areas - 10/12/2016 1,186.00 123 6195 Miscellaneous Contractual Services 56144137 Vegetation Control - City Owned Green Space 10/19/2016 525.00 124 6195 Miscellaneous Contractual Services 56127170 Vegetation Control Along Busse & Miner-10/19/2016 300.00 125 6195 Miscellaneous Contractual Services 022381146 Mat Rental - Metra Station & City Hall - 10/19/2016 326.66 126 6195 Miscellaneous Contractual Services 022384175 Mat Rental - City Hall - 10/26/2016 211.23 127 6195 Miscellaneous Contractual Services 4040776 Pest Control @ Public Works - November 2016 56.50 128 6300 R&M Software 107 Kronos User Fees - September 2016 187.00 129 6310 R&M Vehicles 56661 Siren Motor - Fire 7601 325.00 130 6315 Police 24220 Roof Repair at Police Station - 10/25/2016 2,491.00 131 6315 Fire Station #61 10865 Overhead Door Repair - Fire Station 61 - 10/06/2016 995.00 132 6315 Other 093711 Preventative Maintenance - Gun Range - 10/17/2016 365.80 133 6315 Other 093712 Replaced Motor on Remote Terminal Unit - PW Imp 10/17/2016 341.20 134 6315 Other 093723 Service Call - Gun Range - 10/24/2016 1,324.80 135 6315 Other 093719 Food Pantry Service Call - 10/18/2016 391.30501025 Bedco Inc 50 1025 Bedco Inc 50 1025 Bedco Inc 50 1277 Overhead Door Solutions Inc 50 1025 Bedco Inc 50 1739 Morton Grove Automotive Inc 50 3326 A-1 Roofing Co 50 1019 Anderson Pest Solutions 50 6055 Axiom Human Resource Solutions Inc 50 1029 Cintas #22 50 1029 Cintas #22 50 1178 Trugreen Limited Partnership 50 1178 Trugreen Limited Partnership 50 1178 Trugreen Limited Partnership 50 1178 Trugreen Limited Partnership 50 1178 Trugreen Limited Partnership 50 1178 Trugreen Limited Partnership 50 1385 GIS Consortium 50 5399 Beary Landscape Management 50 1741 Praxair Distribution Inc 50 1060 Municipal GIS Partners Inc 50 2615 Four Seasons Decor Inc 50 2168 Petroleum Technologies Equipment, Inc 50 5617 Coast to Coast Masonry Group Inc 50 2016 Signarama Page 7 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 136 6325 R&M Street Lights 26985 Inspection of New Street Lights at Oakton & River Road- 10/13/2016 360.00 137 7000 Office Supplies 873416552001 Coffee Maker, Tape, Dishsoap & Index Labels 39.55 138 7000 Office Supplies 873426479001 Filing Labels 14.76 139 7000 Office Supplies 874903178001 Batteries, Highlighters, Wastebaskets & Correction Tapes 46.67 140 7025 Supplies - Custodial 022381147 Soap, Degreaser, Paper Towels & Toilet Paper 183.16 141 7025 Supplies - Custodial 022384177 Soap, Degreaser, Hand Towels & Toilet Paper 117.75 142 7025 Supplies - Custodial 167468 Pine Sol, Disinfect Wipes, Mop Heads & Fabuloso 220.47 143 7030 Supplies - Tools & Hardware 84954 8 Leaf Rakes - PW 119.76 144 7030 Supplies - Tools & Hardware 000223836 Flashlight 172.19 145 7035 Supplies - Equipment R&M 84899 2 HEPA Filters - PW Air Cleaner 94.98 146 7040 Supplies - Vehicle R&M 000223716 2 Halogen Bulbs - Police 16.02 147 7040 Supplies - Vehicle R&M 000223798 Chain For Plows - Stock 280.10 148 7040 Supplies - Vehicle R&M 2495283 24 Cans Aerosol Lubricants - Fire Stock 332.27 149 7040 Supplies - Vehicle R&M 6027630028031 Ball Joint - Fire 7402 36.51 150 7040 Supplies - Vehicle R&M 408-1044171 Automatic Transmission Fluid - Police Stock 55.08 151 7040 Supplies - Vehicle R&M 408-1044236 Oil Bath Seal - PW 8006 47.29 152 7040 Supplies - Vehicle R&M 408-1044362 Drain Plugs - Fire 7402 4.58 153 7040 Supplies - Vehicle R&M 408-1044473 1-1/4 Valve - Fire 7402 44.50 154 7040 Supplies - Vehicle R&M 408-1044557 5 Drain Plugs - Police Stock 22.90 155 7040 Supplies - Vehicle R&M 408-1044670 6 Electrical Connectors - Fire 7503 20.58 156 7040 Supplies - Vehicle R&M 408-1044987 Exhaust Gasket, Springs, Bolts, Muffler, Etc - Fire 7405 208.01 157 7040 Supplies - Vehicle R&M 408-1042466 Transmission Fluid - Police Stock 55.08 158 7040 Supplies - Vehicle R&M 408-1042935 Returned 2 Axle Flange Gaskets - PW 9034 (8.78) 159 7040 Supplies - Vehicle R&M 408-1043386 12 Qts Engine Oil - Police Stock 75.48 160 7040 Supplies - Vehicle R&M 131737040 1 55-Gal Drum Engine Oil - Police - Stock 791.75 161 7040 Supplies - Vehicle R&M 0925076 2 Keys - Police Generator 7.60501018 Anderson Lock Company LTD 50 6224 Bumper to Bumper 50 6244 Valvoline LLC 50 6224 Bumper to Bumper 50 6224 Bumper to Bumper 50 6224 Bumper to Bumper 50 6224 Bumper to Bumper 50 6224 Bumper to Bumper 50 6224 Bumper to Bumper 50 6224 Bumper to Bumper 50 6224 Bumper to Bumper 50 5731 Advance Auto Parts 50 6224 Bumper to Bumper 50 1677 Wholesale Direct Inc 50 1823 Certified Laboratories 50 1057 Menard Incorporated 50 1677 Wholesale Direct Inc 50 1057 Menard Incorporated 50 1677 Wholesale Direct Inc 50 1029 Cintas #22 50 5699 March Industries Inc 50 1066 Office Depot 50 1029 Cintas #22 50 1066 Office Depot 50 1066 Office Depot 50 1044 H&H Electric Co Page 8 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 162 7040 Supplies - Vehicle R&M 5205690 Drill Bit, Lubricant, Nuts, Washers & Grease Fittings- Stock 229.36 163 7040 Supplies - Vehicle R&M 5211881 4 Steel Caps & Plugs - Stock 146.20 164 7040 Supplies - Vehicle R&M 5223622 Steel Caps, Grease, Lock Nuts & Bolts - Stock 220.14 165 7040 Supplies - Vehicle R&M 1263010184 2 Tail Lights - PW 5075 76.76 166 7040 Supplies - Vehicle R&M 1262860188 Lock Nuts, Switch-PW 5032 & Brake Controller-PW5055 170.38 167 7040 Supplies - Vehicle R&M 410420026 4 Tire - Fire 7402 408.08 168 7040 Supplies - Vehicle R&M W49008 ACS Pin Lock, Set Screw & Window Latch-PW 5027 459.15 169 7040 Supplies - Vehicle R&M W49195 ACS Cylinder - PW 5027 675.08 170 7040 Supplies - Vehicle R&M BC9459 10 Planer Bits - PW 5B20 85.00 171 7040 Supplies - Vehicle R&M BC9385 Bits for the Planner - PW 5B20 170.00 172 7040 Supplies - Vehicle R&M C15479 Returned Throttle Control - PW 5042 (64.10) 173 7040 Supplies - Vehicle R&M C16798 Returned Curtain Set from Stock (215.59) 174 7040 Supplies - Vehicle R&M S2362395.001 Hydraulic Fittings - Fire 7802 79.56 175 7040 Supplies - Vehicle R&M 406745P Wheel Hub & Nut - Police 6026 138.63 176 7040 Supplies - Vehicle R&M 407027P Window Switch - Police 6055 81.33 177 7040 Supplies - Vehicle R&M 407297P Brake Kits, Rotors and Pads - Police 6001 333.30 178 7040 Supplies - Vehicle R&M 407548P Seat Belt Assembly - CED 2013 164.98 179 7040 Supplies - Vehicle R&M 796069 Heater Resistor - Fire 7402 34.17 180 7040 Supplies - Vehicle R&M 796503 4 ABS Sensor Kits - Fire 7402 129.72 181 7040 Supplies - Vehicle R&M 797756 12 Oil, 1 Fuel & 2 Air Filters - Fire 7401 84.14 182 7040 Supplies - Vehicle R&M 000223696 Chain for Plows, Electrical Connectors for Trailers 208.45 183 7040 Supplies - Vehicle R&M 841733 4 3/8" Clevis Slip Hooks w/Latch - PW 5029 & 5032 41.72 184 7040 Supplies - Vehicle R&M AG52427 Fuel Sender & Rocker Switch - Fire 7603 104.02 185 7040 Supplies - Vehicle R&M AG52418 12-Volt Motor, Handwheel & Label - Fire 7602 1,241.65 186 7040 Supplies - Vehicle R&M AG52609 Adjustable Shocks - Fire 7802 1,205.39 187 7040 Supplies - Vehicle R&M AG52781 2 Coolant Hoses - Fire 7802 203.36 188 7040 Supplies - Vehicle R&M AG52619 Computer Display - Fire 7801 2,205.96 50 1526 Global Emergency Products Inc 50 1526 Global Emergency Products Inc 50 1526 Global Emergency Products Inc 50 1526 Global Emergency Products Inc 50 1550 Addison Building Material Co 50 1526 Global Emergency Products Inc 50 1673 Chicago Parts & Sound LLC 50 1677 Wholesale Direct Inc 50 1673 Chicago Parts & Sound LLC 50 1673 Chicago Parts & Sound LLC 50 1643 Golf Mill Ford 50 1643 Golf Mill Ford 50 1643 Golf Mill Ford 50 1643 Golf Mill Ford 50 1202 Standard Equipment Co 50 1575 Pirtek O'Hare 50 1088 Atlas Bobcat LLC 50 1202 Standard Equipment Co 50 1154 West Side Tractor Sales 50 1088 Atlas Bobcat LLC 50 1071 Pomp's Tire Service Inc 50 1154 West Side Tractor Sales 50 1078 Acme Truck Brake & Supply Co 50 1078 Acme Truck Brake & Supply Co 50 1053 Kimball Midwest 50 1053 Kimball Midwest 50 1053 Kimball Midwest Page 9 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 189 7040 Supplies - Vehicle R&M AG51876 Returned 8 Outrigger Pads - Fire 7801&7802 (2,475.84) 190 7040 Supplies - Vehicle R&M C17489 Chain - PW 5085 66.76 191 7045 City Hall 83428 2 Light Bulbs - City Hall 29.98 192 7045 City Hall 84830 96" Vinyl Divider, Trowel & Tile Adhesive - City Hall Lunchroom 156.28 193 7045 City Hall 84847 Wall Baseboard, Adhesive & Caulk Gun - City Hall Lunchroom 125.49 194 7045 City Hall 84884 Recess Bits, Screw Guide & Screw Anchors-City Hall Lunchroom 26.36 195 7045 City Hall 84891 6 Spin Traps for Mice - Finance Dept 13.47 196 7045 City Hall 0925308 4 Keys for City Hall, Sixth Floor, Law Offices-10/28/2016 90.80 197 7045 Public Works 9211220273 Spring Hinges for PW Improvements - 08/30/2016 94.14 198 7045 Public Works 84527 6 Paint Rollers - Stock 33.41 199 7045 Public Works 84565 8 Drill Bits, Toggle Bolts & 2 Pkgs Stainless Steel Screws 35.00 200 7045 Public Works 84581 Pine Baseboard - PW Improvements 5.89 201 7045 Public Works 84874 170 Concrete Blocks & Flat Washers - PW Improvement 169.29 202 7045 Public Works 5022448 Sleeve Anchors, Washers & Clamps-PW Improvements 133.30 203 7045 Public Works S005522892.001 24 Category 6 Quick Connectors - PW Improvements 194.16 204 7045 Public Works DEP/034072 24 Wallplates & 30 Quick Connects - PW Improvements 310.82 205 7045 Public Works DEP/034121 24 Light Fixtures - PW Improvements 1,860.88 206 7045 Police 13216 Carpet @ Police Evidence Room 1,181.75 207 7045 Fire Station #61 84481 Light Bulb - Fire Station 61 44.98 208 7045 Fire Station #61 7592448 Screwdriver Set & Hardware - Fire Station 61 50.82 209 7045 Fire Station #61 DEP/034260 Wallmounts, Connectors & Couplings - Fire Station 61 247.10 210 7045 Fire Station #61 DEP/034208 3" Wallmount LED Wall Pack - Fire 61 189.31 211 7045 Fire Station #61 17297494 10 Die Cast Aluminum Receptacle Covers-Fire 61 169.09 212 7050 Supplies - Streetscape S1-10023787-01 2 Yards of Mulch & 8 Plantings 256.50 213 7050 Supplies - Streetscape T1-10181115 2 Cu Yds Mulch - Simone & Jon Ln 79.80 214 7050 Supplies - Streetscape 319094 2 Bags Grass Seed - Parkway Restorations 251.00 50 1347 Lurvey Landscape Supply 50 1516 Arthur Clesen Inc 50 2028 Northwest Electrical Supply 50 1347 Lurvey Landscape Supply 50 2313 City Electric Supply Company (CES) 50 2313 City Electric Supply Company (CES) 50 1057 Menard Incorporated 50 1047 Home Depot Credit Svcs 50 2313 City Electric Supply Company (CES) 50 1187 Scharm Floor Covering 50 1208 Steiner Electric Company 50 2313 City Electric Supply Company (CES) 50 1057 Menard Incorporated 50 1047 Home Depot Credit Svcs 50 1057 Menard Incorporated 50 1057 Menard Incorporated 50 1043 WW Grainger Inc 50 1057 Menard Incorporated 50 1057 Menard Incorporated 50 1018 Anderson Lock Company LTD 50 1057 Menard Incorporated 50 1057 Menard Incorporated 50 1057 Menard Incorporated 50 1057 Menard Incorporated 50 1526 Global Emergency Products Inc 50 1202 Standard Equipment Co Page 10 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 215 7055 Supplies - Street R&M 61264MB 5.38 Tons Asphalt - Potholes & Mainbreak Repairs 10/17/2016 138.16 216 7055 Supplies - Street R&M 61222MB 22.12 Tons Asphalt - Mainbreak Restorations - 10/14/2016 568.03 217 7055 Supplies - Street R&M 61432MB 4.15 Tons Asphalt - Mainbreak Repairs - 1025/2016 106.57 218 7055 Supplies - Street R&M 61466MB 6.82 Tons Asphalt - Filled Trench Cuts in PW Yard - 10/27/2016 175.13 219 7055 Supplies - Street R&M 61388MB 41.89 Tons Asphalt-Alley Behind Fire 62 & 2 Water Jobs- 10/21/16 1,075.71 220 7055 Street Light Supplies 9255808785 6 Street Light Bulbs 310.26 221 7120 Gasoline 1063166 6000 Gals Unleaded Fuel - 10/18/2016 7,922.12 222 7130 Diesel 1063169 2000 Gals Bio Diesel - 10/18/2016 3,266.67 223 7200 Other Supplies 874903178001 Batteries, Highlighters, Wastebaskets & Correction Tapes 14.55 224 7200 Other Supplies 873416552001 Coffee Maker, Tape, Dishsoap & Index Labels 38.78 225 8010 Furniture & Fixtures 110154159 Flammable Cabinet with Shelf for PW 680.21 226 8010 Furniture & Fixtures 872971937001 Office Chair for PW Utility Superintendent 163.90 227 8010 Furniture & Fixtures 872667266002 Office Chair for Secretary 264.30 228 8100 Improvements DEP/034227 Eight 4' Light Fixtures - PW New Garage 1,097.60 229 135,910.80 230 231 5325 Training 211488 Criminal Code Departmental In- Service Oct 13, 2016 597.00 232 5325 Training 211489 Use of Force Department In- Service Oct 13, 2016 514.00 233 5325 Training S016-10-175 Gas Masks, AED, CPR Training, Departmental In-Service 10/12/2016 980.00 234 5325 Training 212212 Close Quarter Handgun 1- (1 Ofcr) 10/05-06/16 300.00 235 5325 Training Police 10/27/16 Replenish Petty Cash 04/05- 09/27/2016 63.48 236 5325 Training 211661 40 Hr Basic Homicide and Death Inv (2 Det) Sept 13-23, 2016 400.00 237 5325 Training 212147 Domestic Violence -Related Homicide Inv (1 Det) 09/26- 09/27/2016 150.00 238 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 257.90601552 Verizon Wireless 60 1261 Northeast Multiregional Training 60 1261 Northeast Multiregional Training 60 1261 Northeast Multiregional Training 60 1801 Petty Cash 60 1261 Northeast Multiregional Training 60 1182 Safety Tech & Rescue Training Group Total 50 - Public Works & Engineering Police Department 60 1261 Northeast Multiregional Training 50 1066 Office Depot 50 2313 City Electric Supply Company (CES) 50 1941 Global Equipment Company 50 1066 Office Depot 50 1066 Office Depot 50 1066 Office Depot 50 1417 Petroleum Traders Corp 50 1417 Petroleum Traders Corp 50 1086 Arrow Road Construction 50 1043 WW Grainger Inc 50 1086 Arrow Road Construction 50 1086 Arrow Road Construction 50 1086 Arrow Road Construction 50 1086 Arrow Road Construction Page 11 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 239 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 552.91 240 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 1,346.86 241 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 1,574.83 242 6110 Printing Services 39240 1 Box of Business Cards 20.00 243 6185 Animal Control 12899 Stray Animals October 2016 (5)408.80 244 6195 Miscellaneous Contractual Services 11355834 Pest Control at PD 10/28/2016 127.85 245 6195 Miscellaneous Contractual Services 10656412 Investigations Database 9/26- 10/25/2016 214.27 246 7000 Office Supplies PINV1235544 2 Dz Ruled Note Pads, 1 Box #10 Envelopes 35.53 247 7000 Office Supplies PINV1236433 6 Cases Copy Paper, 1 Box Shipping Labels, 1 Staple Remover 355.14 248 7000 Office Supplies PINV1232482 1 Pk Post It Notes, 1 Bottle Ink Refill, 1 Dz Binder Clips 13.72 249 7000 Office Supplies PINV1238181 1 Monthly Planner Book 15.53 250 7000 Office Supplies PINV1238009 1 Chairmat 89.99 251 7015 Supplies - Police Range Police 10/27/16 Replenish Petty Cash 04/05- 09/27/2016 3.99 252 7015 Supplies - Police Range SI1451723 Taser Cartridges, 50 for X-26, 50 for X2 2,702.46 253 7120 Gasoline Police 10/27/16 Replenish Petty Cash 04/05- 09/27/2016 43.37 254 7120 Gasoline Police 10/27/16 Replenish Petty Cash 04/05- 09/27/2016 35.24 255 7200 Other Supplies Police 10/27/16 Replenish Petty Cash 04/05- 09/27/2016 9.98 256 7200 Other Supplies Police 10/27/16 Replenish Petty Cash 04/05- 09/27/2016 30.03 257 7200 Other Supplies 293098 57 Prisoner Jump Suits (M,L,XL)309.92 258 7300 Uniforms 14483 Retirement Badge and Case (Ofcr) 139.19 259 7300 Uniforms 14487 Retirement Badge for Plaque (Ofcr) 90.57 260 7300 Uniforms 14475 Hat Shields for 5 New Officers 248.00 261 7320 Equipment < $5,000 8397 Microwave for Prisoner Meals (Booking Room) 79.98 262 7320 Equipment < $5,000 9773641296 Cell Phone Service 09/14- 10/13/2016 237.48 263 7525 Meals 7267 12 Cases Hot Pockets 10/21/2016 (Prisoner Meals) 149.76 264 12,097.78 265 266 5325 Training Reimb 9/6-9/8/16 Reimb for Mandated IEMA Training 09/06-09/08/2016- EMA Div Coordinator 238.61 267 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 346.82651552 Verizon Wireless Total 60 - Police Department Emergency Management Agency 65 3429 Carroll, Beverly S 60 1552 Verizon Wireless 60 1076 Sam's Club Direct 60 1117 Chicago Badge & Insignia Co 60 1076 Sam's Club Direct 60 1117 Chicago Badge & Insignia Co 60 1117 Chicago Badge & Insignia Co 60 1801 Petty Cash 60 1121 Chief Supply Corp 60 1801 Petty Cash 60 1801 Petty Cash 60 3257 Taser International 60 1801 Petty Cash 60 1389 Garvey's Office Products Inc 60 1801 Petty Cash 60 1389 Garvey's Office Products Inc 60 1389 Garvey's Office Products Inc 60 1389 Garvey's Office Products Inc 60 1389 Garvey's Office Products Inc 60 1465 McCloud Services 60 1517 Trans Union LLC 60 1233 Press Tech Inc 60 4125 Golf Rose Boarding & Grooming 60 1552 Verizon Wireless 60 1552 Verizon Wireless 60 1552 Verizon Wireless Page 12 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 268 6195 Miscellaneous Contractual Services CCDC 16-3 Citizen Corps Contractual Services July 1-Sept 30, 2016 625.00 269 6195 Miscellaneous Contractual Services EMDC 16-3 Emergency Mgmt Div Contractual Services July 1-Sept 30, 2016 625.00 270 7300 Uniforms 8060 2 Pair of Pants & 1 Belt For Volunteers 126.65 271 7550 Miscellaneous Expenses 3727 Candies For Pumpkin Patrol Oct. 31, 2016 103.84 272 2,065.92 273 274 5325 Training 18274 Public Fire & Safety Educator I Class-1 P/T Insp 11/16-11/21/16 350.00 275 5330 In-Service Training Sept 16, 2016 City's Cost-CARS & PBPI Chairmen to Image Trend Conf July 2016 46.00 276 6000 Professional Services 116486 Furnish & Install Vinyl Logos on All 3 Fire Station Signs 350.00 277 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 811.06 278 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 180.13 279 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 270.48 280 6195 Miscellaneous Contractual Services 8121021512 On-Site Shredding Service 09/30 & 10/28/2016 107.82 281 6305 R&M Equipment 118586 Repairs to Holmatro Tools 10/26/2016 1,913.00 282 7025 Supplies - Custodial I2834660 Towels, Can Liners, Disinfectant, Bowl Cleaner, Tissue, Soap 2,490.60 283 7035 Supplies - Equipment R&M 116842 4 Chrome Plugs w/Chain 269.88 284 7035 Supplies - Equipment R&M 874251067001 2 Pks of Post-Its & 4 Rolls of Labeling Tapes 78.53 285 7035 Supplies - Equipment R&M 874605491001 9 Packs of C Batteries for Meters 107.91 286 7035 Supplies - Equipment R&M 48015 20 Straps for SCBA Parts 972.80 287 7035 Supplies - Equipment R&M 118527 2 Coupler Female Cores 280.00 288 7035 Supplies - Equipment R&M 118602 1 Socket Coupler Female Core 28.05 289 7035 Supplies - Equipment R&M 408-1043744 6 Mini Lamps & 1 Gage 18.03 290 7035 Supplies - Equipment R&M 408-1045072 Extended Reach Inflator for Sta 61 Rig Maint 109.49 291 7200 Other Supplies 12647 51 5-Gallon Pails Class A FF Foam Concentrate 5,312.25 292 7200 Other Supplies 17261898 6 Pro Bars 1,282.23 293 7200 Other Supplies D-332881 Boards for Retirement Axes 639.50 294 7300 Uniforms 117029 1 Helmet Shield 233.45 295 7320 Equipment < $5,000 9773641296 Cell Phone Service 09/14- 10/13/2016 237.48 70 1080 Air One Equipment Inc 70 1552 Verizon Wireless 70 1148 WS Darley & Co 70 1513 Owl Hardwood Lumber & Plywood 70 6224 Bumper to Bumper 70 5799 Hayden & Company 70 3570 AEC Fire Safety & Security Inc 70 6224 Bumper to Bumper 70 1003 AFC International Inc 70 3570 AEC Fire Safety & Security Inc 70 1066 Office Depot 70 1066 Office Depot 70 1304 HP Products 70 1080 Air One Equipment Inc 70 1077 Shred-It USA LLC 70 3570 AEC Fire Safety & Security Inc 70 1552 Verizon Wireless 70 1552 Verizon Wireless 70 5875 North Shore Sign Company Inc 70 1552 Verizon Wireless 70 1551 IL Fire Inspectors Assoc 70 1267 Northwest Community Hospital 65 1076 Sam's Club Direct Total 65 - Emergency Management Agency Fire Department 65 3429 Carroll, Beverly S 65 1489 JG Uniforms Inc 65 3429 Carroll, Beverly S Page 13 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 296 16,088.69 297 298 5340 Pre-Employment Exams 609775 Pre-Employment Medical Test for 1 FD Candidate 09/15/2016 84.00 299 5340 Pre-Employment Exams 610437 Pre-Employment Medical Test for 1 FD Candidate 09/15/2016 829.00 300 5340 Pre-Employment Exams 610809 Pre-Employment Medical Test for 1 FD Candidate 09/14/2016 913.00 301 5340 Pre-Employment Exams 103852 Pre-Employment Psych Testing for 1 FD Candidate 09/23/2016 450.00 302 5340 Pre-Employment Exams 21656 PD Pre-Employment Polygraph Test for 8 Candidates 10/13- 10/14/16 1,680.00 303 5340 Pre-Employment Exams 21657 PD Pre-Employment Polygraph Test for 9 Candidates 10/17- 10/19/16 1,890.00 304 5340 Pre-Employment Exams 21658 PD Pre-Employment Polygraph Test for 4 Candidates 10/20/2016 840.00 305 5340 Pre-Employment Exams 21663 PD Pre-Employment Polygraph Test for 6 Candidates 10/31- 11/01/16 1,260.00 306 7320 Equipment < $5,000 117100 2- 2.5" X 50' Hose Damaged During Agility Test 550.00 307 8,496.00 308 309 6030 AMB Fee Processing Services 139047 Collection Services for Oct 2016 7,417.08 310 6195 Miscellaneous Contractual Services 12474 Utility Tax Audit for Oct 2016 (Nicor 46/60) 495.35 311 7,912.43 312 242,721.16 313 314 6000 Professional Services 14032-02-01 Professional Services - Lee St Streetscape 06/01-08/12/2016 17,955.20 315 6005 Legal Fees 5411884 9-16 Non-Retainer Property Enforcement Matters 2,397.00 316 6145 Custodial Services 10.31.2016 Custodial Services - October 2016 720.30 317 6150 City Maintenance 33694 Fall Planting Display - 10/12/2016 77.29 318 6195 Miscellaneous Contractual Services 56152083A Vegetation Control Application - 10/19/2016 543.91 319 6195 Miscellaneous Contractual Services 56279839 Vegetation Control in TIF #1 - 10/21/2016 977.43001178 Trugreen Limited Partnership 00 5399 Beary Landscape Management 00 1178 Trugreen Limited Partnership 00 3447 Holland & Knight LLP 00 5343 ABC Commercial Inc Total 100 - General Fund Fund: 201 - TIF #1 Downtown Fund 00 4210 Lakota Group, The 90 5675 Azavar Audit Solutions Total 90 - Overhead Total 75 - Fire & Police Commission Overhead 90 3640 Andres Medical Billing Ltd 75 4946 Central Polygraph Service LTD 75 1080 Air One Equipment Inc 75 4946 Central Polygraph Service LTD 75 4946 Central Polygraph Service LTD 75 5372 COPS & FIRE Personnel Testing Service 75 4946 Central Polygraph Service LTD 75 1015 Alexian Brothers Corporate Health Svcs 75 1015 Alexian Brothers Corporate Health Svcs Total 70 - Fire Department Fire & Police Commission 75 1015 Alexian Brothers Corporate Health Svcs Page 14 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 320 6195 Miscellaneous Contractual Services 55673220 Turf Fertilizer - TIF 1 - 10/12/2016 199.95 321 6195 Miscellaneous Contractual Services 55873472 Tree/Shrub Fertilizing - TIF 1 - 10/15/2016 750.00 322 6195 Miscellaneous Contractual Services 022381146 Mat Rental - Metra Station & City Hall - 10/19/2016 67.56 323 6195 Miscellaneous Contractual Services 022384176 Mat Rental - Metra Station - 10/26/2016 58.13 324 6315 R&M Buildings & Structures 1908 2016 Parking Structure Maint Repairs - 09/06-10/16/2016 R- 84-16 101,246.10 325 6325 R&M Street Lights 26984 Locate Street Light on Lee Street (Ellinwood-Prairie) 10/12/2016 773.70 326 7050 Supplies - Streetscape 6748-3 5 Gal Mixer, Roller, Tray & 1 Gal Blue Traffic Paint - Miner St 49.90 327 7050 Supplies - Streetscape 26028 2 Winch Handles - Flag Poles at Library Plaza 266.67 328 7050 Supplies - Streetscape DEP/034086 4 Halogen Swivels for Sign at River & Miner 47.40 329 7050 Supplies - Streetscape DEP/033764 4 Flag Lights - Library Plaza 228.64 330 126,359.18 331 126,359.18 332 333 8375 Bank/Trust/Agency Fees 1853486004-2016 Bank Agency Fees Bond Series 2009A 11/01/2016-10/31/2017 350.00 334 350.00 335 350.00 336 337 6005 Legal Fees 5411883 9-16 Non-Retainer TIF #7 Matters 5,820.00 338 5,820.00 339 5,820.00 340 341 6155 Sidewalk Improvements 2016-0-P6 R-74-16 2016 CIP Concrete Improvements 09/29- 10/21/2016 61,009.46 342 6330 R&M Traffic Signals 2016-00550003 Wolf & Feehanville Traffic Signal Maintenance - 04/16- 06/16/2016 115.73 343 7035 Supplies - Equipment R&M 41964 Opticom Part- 454 Discriminator 4 Channel 412.50 344 7140 Electricity 2943015087-10/16 Electricity Service 09/20- 10/19/2016 18,227.26001033 ComEd 00 2032 Mount Prospect, Village of 00 2289 Global Traffic Technologies LLC Total 207 - TIF #7 Mannheim/Higgins South Fund: 230 - Motor Fuel Tax Fund 00 1402 DiNatale Construction Inc 00 3447 Holland & Knight LLP Total 00 - Non Departmental Total 00 - Non Departmental Total 206 - TIF #6 Mannheim/Higgins Fund Fund: 207 - TIF #7 Mannheim/Higgins South Total 201 - TIF #1 Downtown Fund Fund: 206 - TIF #6 Mannheim/Higgins Fund 00 1718 Amalgamated Bank of Chicago 00 2313 City Electric Supply Company (CES) Total 00 - Non Departmental 00 2438 Flag Lady Corp The 00 2313 City Electric Supply Company (CES) 00 1044 H&H Electric Co 00 1527 Sherwin Williams 00 1029 Cintas #22 00 4923 J Gill & Company 00 1178 Trugreen Limited Partnership 00 1029 Cintas #22 00 1178 Trugreen Limited Partnership Page 15 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 345 8100 Improvements 2016-0-P6 R-74-16 2016 CIP Concrete Improvements 09/29- 10/21/2016 19,900.75 346 99,665.70 347 99,665.70 348 349 6000 Professional Services 0027998 Appraisal 1964 Big Bend for FEMA Buyout - 10/24/2016 300.00 350 6000 Professional Services 37824585 R-180-14 Construction Engr- River Rd Recon Ph 2 08/27- 09/30/2016 77,368.68 351 77,668.68 352 77,668.68 353 354 6195 Miscellaneous Contractual Services 39903 Police Canine Medication & Boarding Sept 24-27, 2016 214.58 355 7300 Uniforms 43480 1 Ballistic Vest Cover (Ofcr)150.00 356 7300 Uniforms 43476 1 Ballistic Vest Cover (Ofcr)138.00 357 502.58 358 2484 Seized/Pending Forfeit 16-18756 Forfeiture Award 517.00 359 517.00 360 1,019.58 361 362 6005 Legal Fees 5411888 9-16 Non-Retainer ETSB Restructuring 1,404.00 363 1,404.00 364 6305 R&M Equipment 90051064 Computer Hardware Maintenance-911 Backup Center October 2016 200.00 365 200.00 366 1,604.00 367 368 6000 Professional Services 4684.007-6 Engr Services-Mt. Prospect Rd Pedestrian Median 08/22- 09/18/2016 1,180.00 369 6000 Professional Services 916323 Consultant-S-Curve Ped/Bike Feasibility Study 08/28- 09/24/2016 R-55-16 25,344.99 370 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 225.87001552 Verizon Wireless 00 1394 Gewalt Hamilton Associates Inc 00 5659 V3 Companies of Illinois Ltd Total 60 - Police Department Total 280 - Emergency Telephone System Fund Fund: 400 - Capital Projects Fund Total 00 - Non Departmental 60 2933 SMS Systems Maintenance Services Inc Total 260 - Asset Seizure Fund Fund: 280 - Emergency Telephone System Fund 00 3447 Holland & Knight LLP N/A 1320 IL State Police Total N/A 00 1489 JG Uniforms Inc Total 00 - Non Departmental 00 6150 Partners & Paws Veterinary Services LLC 00 1489 JG Uniforms Inc Total 00 - Non Departmental Total 250 - Grant Projects Fund Fund: 260 - Asset Seizure Fund 00 5778 Elite Appraisal Center LLC 00 1163 URS Corp Total 00 - Non Departmental Total 230 - Motor Fuel Tax Fund Fund: 250 - Grant Projects Fund 00 1402 DiNatale Construction Inc Page 16 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 371 6155 Sidewalk Improvements 2016-0-P6 R-74-16 2016 CIP Concrete Improvements 09/29- 10/21/2016 7,278.98 372 7065 Supplies - Capital Maintenance 61264MB 5.38 Tons Asphalt - Potholes & Mainbreak Repairs 10/17/2016 96.68 373 7065 Supplies - Capital Maintenance 61388MB 41.89 Tons Asphalt-Alley Behind Fire 62 & 2 Water Jobs- 10/21/16 752.79 374 7065 Supplies - Capital Maintenance 61466MB 6.82 Tons Asphalt - Filled Trench Cuts in PW Yard - 10/27/2016 122.56 375 7065 Supplies - Capital Maintenance 61432MB 4.15 Tons Asphalt - Mainbreak Repairs - 1025/2016 74.58 376 7065 Supplies - Capital Maintenance 61222MB 22.12 Tons Asphalt - Mainbreak Restorations - 10/14/2016 397.51 377 8100 Improvements 2016-B-P6 R-79-16 2016 CIP Street & Utility Contract B 09/29- 11/02/2016 935,461.73 378 8100 Improvements 2016-A-P6 R-73-16-2016 CIP Street & Utility Cont A 09/16-10/24/2016 327,048.15 379 8100 Improvements 2016-0-P6 R-74-16 2016 CIP Concrete Improvements 09/29- 10/21/2016 16,200.70 380 8100 Improvements 2015-B-P6 R-52-16 - 2015 CIP Algonquin Rd Sewer 09/23-10/21/2016 192,806.38 381 8375 Bank/Trust/Agency Fees 1853487003-2016 Bank Agency Fees Bond Series 2009B 11/01/2016-10/31/2017 350.00 382 1,507,340.92 383 1,507,340.92 384 385 8005 Computer Hardware XK2387JK7 7 Rugged Laptops & 7 Docks for Fire Dept 11,708.13 386 11,708.13 387 11,708.13 388 389 4601 New Construction - Sale of Water Refund 10/04/16 Hydrant Meter Refund 10/04/2016 (254.52) 390 6000 Professional Services 1724157 Task Order #11 SCADA Support - 08/06-09/02/2016 6,935.00 391 6000 Professional Services 1714927 Task Order 10-Levee 50 SCADA Upgrades-May 2016 2,024.40 392 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 100.63 393 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 810.01 00 1552 Verizon Wireless 00 1552 Verizon Wireless 00 1356 MWH Americas Inc 00 1356 MWH Americas Inc Total 420 - IT Replacement Fund Fund: 500 - Water/Sewer Fund 00 6471 Winters Landscape - Christen 00 1035 Dell Marketing LP Total 00 - Non Departmental Total 00 - Non Departmental Total 400 - Capital Projects Fund Fund: 420 - IT Replacement Fund 00 1328 John Neri Construction Company Inc 00 1718 Amalgamated Bank of Chicago 00 1067 Orange Crush 00 1402 DiNatale Construction Inc 00 1086 Arrow Road Construction 00 1067 Orange Crush 00 1086 Arrow Road Construction 00 1086 Arrow Road Construction 00 1086 Arrow Road Construction 00 1086 Arrow Road Construction 00 1402 DiNatale Construction Inc Page 17 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 394 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 402.23 395 6110 Printing Services 39238 2K Envelopes for Sewer Smoke Testing Mailing 10/19/2016 340.00 396 6115 Licensing/Titles Reimb 10/062016 CDL Renewal Reimbursement - Expires 12/26/2020 30.00 397 6180 Water Sample Testing 138836 Water Sample Testing - 09/06- 09/27/2016 863.00 398 6195 Miscellaneous Contractual Services 5353 Repair Shower Valve - 10/20/2016 150.00 399 6195 Miscellaneous Contractual Services 16-791 Meter Bench Testing - 10/14/2016 21.00 400 6195 Miscellaneous Contractual Services 16-836 3 Bench Meter Tests - 10/26/2016 79.00 401 6195 Miscellaneous Contractual Services 16-822 Bench Test - 10/24/2016 21.00 402 6195 Miscellaneous Contractual Services 16-835 5 Bench Meter Tests - 10/27/2016 247.00 403 6195 Miscellaneous Contractual Services 16-805 15 Bench Meter Tests - 10/19/2016 961.00 404 6195 Miscellaneous Contractual Services 16-804 2 Bench Meter Tests - 10/19/2016 58.00 405 6195 Miscellaneous Contractual Services 16-823 Field Meter Test - 10/25/2016 145.00 406 6195 Miscellaneous Contractual Services G358031 UMI Meter Installation - 10/28/2016 259.00 407 6195 Miscellaneous Contractual Services G353430 UMI Installed 6 Water Meters - 10/21 - 10/22/2016 7,105.00 408 6195 Miscellaneous Contractual Services G353198 UMI Installed 2 Water Meters - 10/27/2016 1,848.00 409 6195 Miscellaneous Contractual Services G352937 UMI Installed 8 Water Meters - 10/13 - 10/14/2016 1,364.00 410 6195 Miscellaneous Contractual Services G352405 UMI Installed 6 Meter & Smartpoints - 10/27/2016 2,104.00 411 6195 Miscellaneous Contractual Services G352222 UMI Installed 1 Water Meter - 10/11/2016 2,046.00 412 6195 Miscellaneous Contractual Services G351983 UMI Installed 8 Water Meters & Smartpoint - 10/27/2016 2,074.00 413 6195 Miscellaneous Contractual Services G350927 UMI Installed 7 Water Meters - 10/27/2016 3,219.00 414 6195 Miscellaneous Contractual Services G350254 UMI Installed 3 Water Meters - 10/04/2016 453.00 415 6195 Miscellaneous Contractual Services G349766 UMI Installed 2 Water Meters - 10/04/2016 304.00 416 6195 Miscellaneous Contractual Services G317964 UMI Installed 15 Water Meters - 9/22 - 9/24/2016 5,905.00 417 6195 Miscellaneous Contractual Services G317231 UMI Installed 6 Water Meters - 10/20/2016 2,530.00 418 6195 Miscellaneous Contractual Services G337860 UMI Installed 13 Water Meters - 10/25/2016 4,697.00 419 6195 Miscellaneous Contractual Services G337072 UMI Installed 9 Water Meters - 10/25/2016 3,219.00 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1467 HBK Water Meter Service Inc 00 1467 HBK Water Meter Service Inc 00 1467 HBK Water Meter Service Inc 00 1467 HBK Water Meter Service Inc 00 1467 HBK Water Meter Service Inc 00 1467 HBK Water Meter Service Inc 00 4321 Luppino Plumbing & Sewer Co 00 1467 HBK Water Meter Service Inc 00 3448 Graczyk, Michael 00 1642 Suburban Laboratories, Inc 00 1552 Verizon Wireless 00 1233 Press Tech Inc Page 18 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 420 6195 Miscellaneous Contractual Services G338361 UMI Installed 9 Water Meters - 09/29 - 09/30/2016 2,408.00 421 6195 Miscellaneous Contractual Services G337444 UMI Installed 5 Water Meters - 09/26 - 09/28/2016 569.00 422 6310 R&M Vehicles 676463 Replace Tracks & Tensioners - PW 9026 - 10/18/2016 6,200.88 423 6310 R&M Vehicles L76920 Repair Auxiliary Engine No Start Issue -PW 8020 - 09/27/2016 3,361.77 424 6335 R&M Water Distribution System 4052370 Replacement of Stem Bonnet & Packing Nut Assemby- 05/07/2016 3,120.00 425 6340 R&M Sewer System INV000005451 Install Motor - Levee 50 10/20/2016 1,500.00 426 6340 R&M Sewer System 364578 Crane Rental for Motor Install - Levee 50 10/20/2016 960.00 427 6340 R&M Sewer System 0000315443 East River Road Lift Station Pump Replacement-10/14/2016 8,929.00 428 6505 Subsidy - Sewer Lateral Program SLP16-029 Sewer Rebate 10/31/2016 1,050.00 429 6505 Subsidy - Sewer Lateral Program SLP16-030 Sewer Rebate 10/31/2016 60.00 430 6505 Subsidy - Sewer Lateral Program SLP16-031 Sewer Rebate 11/01/2016 75.00 431 6510 Subsidy - Flood Assistance FRP16-024 Flood Rebate 10/31/2016 916.17 432 6510 Subsidy - Flood Assistance FRP16-023 Flood Rebate 10/14/2016 1,650.00 433 7000 Office Supplies 874992700001 Recycling & Waste Containers, Binders - 50% 24.21 434 7000 Office Supplies 874992700001 Recycling & Waste Containers, Binders - 50% 24.21 435 7000 Office Supplies 875231792001 2017 Calendars, 12 Pens & Copy Paper-Water Plant 100.58 436 7020 Supplies - Safety 10005990696 Coverall Suit & Concrete Tools 112.99 437 7020 Supplies - Safety 2/829150 72 Pairs Work Gloves 522.00 438 7020 Supplies - Safety 2/829400 6 Hard Hats & Ear Plugs 89.65 439 7020 Supplies - Safety 2/829430 1 Pair of Rubber Boots & 1 Rainsuit 22.45 440 7030 Supplies - Tools & Hardware 10005990696 Coverall Suit & Concrete Tools 293.23 441 7030 Supplies - Tools & Hardware 84788 2 Tape Measures & 6 - 2x4's - Sewer 15.94 442 7030 Supplies - Tools & Hardware 3551233 8 Shovels, 2 Railroad Picks, Sledge Hammer 270.39 443 7035 Supplies - Equipment R&M 542406-3 Propane Tank Refill 10/26/2016 PW 9040 124.00 444 7035 Supplies - Equipment R&M 84176 Mortar Mix, Batteries & Electrical Tape 11.97 445 7040 Supplies - Vehicle R&M 000223696 Chain for Plows, Electrical Connectors for Trailers 27.79 446 7040 Supplies - Vehicle R&M 6027629472246 Oil Filter - PW 8006 5.88005731 Advance Auto Parts 00 1057 Menard Incorporated 00 1677 Wholesale Direct Inc 00 1520 Russo Power Equipment 00 1484 Thompson Rental Station Inc 00 4093 HDS White Cap Construction Supply 00 1057 Menard Incorporated 00 1703 Prosafety Inc 00 1703 Prosafety Inc 00 4093 HDS White Cap Construction Supply 00 1703 Prosafety Inc 00 1066 Office Depot 00 1066 Office Depot 00 6460 Das, Georgy 00 1066 Office Depot 00 6473 Singh, Karnail 00 6180 Beauvais, Edward Patrick 00 1850 Gonzalez, Jorge 00 6473 Singh, Karnail 00 1391 Gatwood Crane Service Inc 00 1368 Metropolitan Industries Inc 00 6462 Rivers Edge Condominium Homeowners Association 00 1378 Flow-Technics Inc 00 1088 Atlas Bobcat LLC 00 1154 West Side Tractor Sales 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD Page 19 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 447 7040 Supplies - Vehicle R&M 1001080064 Exhaust Clamps & Pipes, ABS Sensor Kit - PW 8006 916.30 448 7040 Supplies - Vehicle R&M 000223696 Chain for Plows, Electrical Connectors for Trailers 41.69 449 7040 Supplies - Vehicle R&M S2377637.001 Hydraulic Fittings - PW 9019 3.28 450 7040 Supplies - Vehicle R&M 5332025 Hydraulic Pump Assembly - PW 9019 604.26 451 7040 Supplies - Vehicle R&M W49161 Steering Cylinder - PW 9009 1,211.62 452 7045 Supplies - Building R&M 9267111830 Axial Fan - Oakton Water Plant 65.07 453 7070 Water Meters G300599 21 - 3/4" IPERL Meters 2,436.00 454 7070 Water Meters G312471 3 - 3/4" IPERL & 5 1-1/2" OMNI Meters 2,208.00 455 7070 Water Meters G298064 23 Smart Point for Meters 2,461.00 456 7070 Water Meters G320971 1,000 Rubber Washers, 10 Gaskets, 20 Nuts and Bolts 146.00 457 7070 Water Meters G321286 2" Omni Water Meter 968.00 458 7070 Water Meters G356325 4" Meter and Bolt Kit 2,168.00 459 7070 Water Meters G304957 (24) 5/8" Water Meters 10/19/2016 2,472.00 460 7070 Other 887715094 1.0 Cu Yds Concrete - Mainbreak Repair - 10/18/2016 352.00 461 7070 Other G227424 Flange and Ring for PIT Meter 270.00 462 7070 Other 10880 5 Meter Check Valves, 5 Hoses, 5 Adapters 613.10 463 7070 Other 0269659 2 Hydrant Meters 1,798.00 464 7070 Other 235189-000 Fire Hydrant 1,974.50 465 7070 Other 235190-000 Fire Hydrant Parts 1,020.50 466 7070 Other 2/829790 36 Cans Blue & 24 Cans White Spray Paint - JULIE's 153.00 467 7075 Supplies - Sewer System Maintenance DEP/034201 5/8" Ground Clamp & 5 Cable Straps 4.73 468 7075 Supplies - Sewer System Maintenance 811528 5.5 Cubic Yards of Ready Mix Concrete - 10/25/2016 788.00 469 7075 Supplies - Sewer System Maintenance 10006027815 Framing Stakes and Lumber 220.04 470 7075 Supplies - Sewer System Maintenance 97987295 2 Containers Primezyme 417.30 471 7075 Supplies - Sewer System Maintenance G243766 20 Various Sizes of Non-Shear Sleeves/Couplings 768.00 472 7075 Supplies - Sewer System Maintenance 84176 Mortar Mix, Batteries & Electrical Tape 205.74 473 7075 Supplies - Sewer System Maintenance 84788 2 Tape Measures & 6 - 2x4's - Sewer 81.42 474 7075 Supplies - Sewer System Maintenance C17043 Leader Hose for Jet Truck 132.12 475 7075 Supplies - Sewer System Maintenance C17042 6 Root Cutting Blades - 10/11/2016 554.49 476 7075 Supplies - Sewer System Maintenance 887699014 1.0 Cu Yds Concrete - Sewer Repair - 10/12/2016 352.00 477 7075 Supplies - Sewer System Maintenance 887701743 2.50 Cu Yds Concrete - Sewer Repair - 10/13/2016 555.00 00 1072 Prairie Material Sales Inc 00 1072 Prairie Material Sales Inc 00 1202 Standard Equipment Co 00 1202 Standard Equipment Co 00 1057 Menard Incorporated 00 1057 Menard Incorporated 00 5214 State Industrial Products 00 1303 HD Supply Waterworks LTD 00 3217 Ozinga Ready Mix Concrete Inc 00 4093 HDS White Cap Construction Supply 00 1703 Prosafety Inc 00 2313 City Electric Supply Company (CES) 00 1709 Ziebell Water Service Products Inc 00 1709 Ziebell Water Service Products Inc 00 1467 HBK Water Meter Service Inc 00 1927 Water Products Co of Aurora Inc 00 1072 Prairie Material Sales Inc 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1303 HD Supply Waterworks LTD 00 1043 WW Grainger Inc 00 1303 HD Supply Waterworks LTD 00 1059 Monroe Truck Equipment 00 1154 West Side Tractor Sales 00 1677 Wholesale Direct Inc 00 1575 Pirtek O'Hare 00 2052 Coffman Truck Sales Inc Page 20 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 478 7105 Wholesale Water - NWWC 11012016 Water Usage - October 2016 - R- 183-14 238,625.02 479 7120 Gasoline 1063166 6000 Gals Unleaded Fuel - 10/18/2016 557.17 480 7120 Gasoline 1063166 6000 Gals Unleaded Fuel - 10/18/2016 1,417.17 481 7130 Diesel 1063169 2000 Gals Bio Diesel - 10/18/2016 206.49 482 7130 Diesel 1063169 2000 Gals Bio Diesel - 10/18/2016 322.64 483 7140 Electricity 4995025051-11/16 Electricity Service 10/06- 11/01/2016 31.82 484 7140 Electricity 3461136053-11/16 Electricity Service 10/03- 11/01/2016 27.66 485 7140 Electricity 3240002012-10/16 Electricity Service 09/28- 10/27/2016 160.22 486 7140 Electricity 0575134020-11/16 Electricity Service 09/30- 10/31/2016 143.65 487 7140 Electricity 3526170000-11/16 Electricity Service 10/05- 10/31/2016 43.93 488 7140 Electricity 1602149012-11/16 Electricity Service 10/05- 11/01/2016 151.78 489 7140 Electricity 5646761001-11/16 Electricity Service 09/30- 10/31/2016 30.28 490 7200 Other Supplies 874992700001 Recycling & Waste Containers, Binders - 50% 4.91 491 7200 Other Supplies 874903596001 Clock - Superintendent of General Services 13.56 492 7200 Other Supplies 874992700001 Recycling & Waste Containers, Binders - 50% 4.91 493 7300 Uniforms T573474 2 Pants & 4 Shirts - Sewer Foreman 149.94 494 7300 Uniforms T098102 3 Shirts - Water Foreman 56.97 495 7320 Equipment < $5,000 9092565 Space Heater - Superintendent Utility Services 49.97 496 8100 Improvements 2016-A-P6 R-73-16-2016 CIP Street & Utility Cont A 09/16-10/24/2016 70,133.42 497 420,597.53 498 6015 Communication Services 9773641296 Cell Phone Service 09/14- 10/13/2016 19.95 499 19.95 500 420,617.48 501 502 6305 R&M Equipment 195650 State of Illinois Fire Marshall Annual Inspection -08/18/16 580.00 503 6305 R&M Equipment 195650 State of Illinois Fire Marshall Annual Inspection -08/18/16 580.00 504 6305 R&M Equipment 195650 State of Illinois Fire Marshall Annual Inspection -08/18/16 580.00 00 2350 Anderson Elevator Co 00 2350 Anderson Elevator Co Total 500 - Water/Sewer Fund Fund: 510 - City Owned Parking Fund 00 2350 Anderson Elevator Co 30 1552 Verizon Wireless Total 30 - Finance 00 1067 Orange Crush Total 00 - Non Departmental 00 1705 Sears Commercial One 00 1047 Home Depot Credit Svcs 00 1066 Office Depot 00 1705 Sears Commercial One 00 1066 Office Depot 00 1066 Office Depot 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1033 ComEd 00 1417 Petroleum Traders Corp 00 1033 ComEd 00 1417 Petroleum Traders Corp 00 1417 Petroleum Traders Corp 00 2901 Northwest Water Commission 00 1417 Petroleum Traders Corp Page 21 of 25 Line #Invoice Invoice Desc Amount City of Des Plaines Warrant Register 11/21/2016 Org Account Vendor 505 7060 Supplies - Parking Lots DEP/034126 16 Light Bulbs - Metropolitan Square Parking 140.48 506 1,880.48 507 1,880.48 508 509 4665 Parking Fees Oct 2016 Parking Fees for Oct 2016 3,423.95 510 3,423.95 511 3,423.95 512 513 5565 Claims Administration Fee B1078916 Unemployment Comp Admin Services 10/19/2016- 01/19/2017 550.00 514 5570 Self Insured P&L Expense RD #16-21556 Squad #45 Repair on 09/28/2016 2,212.44 515 6005 Legal Fees 5411897 9-16 Non-Retainer PSEBA Proceedings 9,550.60 516 12,313.04 517 12,313.04 518 519 2430 Escrow - Police Items Cost 01755-09/16 Background Check Services Sept 2016 Fingerprints 59.50 520 2430 Escrow - Police Items 4 Bus Lic & Fingerprinting Refund 10/17/2016 50.00 521 2464 Hydrant Deposits Refund 10/04/16 Hydrant Meter Refund 10/04/2016 1,100.00 522 2486 Additional Contracts - Engineering 2016-0-P6 R-74-16 2016 CIP Concrete Imp 09/29-10/21/2016 275.34 523 2486 Additional Contracts - Engineering 2016-A-P6 R-73-16-2016 CIP Street & Utility Cont A 09/16-10/24/2016 1,392.93 524 2486 Additional Contracts - Engineering 2016-B-P6 R-79-16 2016 CIP Street & Utility Contract B 09/29- 11/02/2016 2,642.58 525 2493 Escrow Projects 5411879 9-16 Reimb O'Hare Lake Redevelopment 401.50 526 2493 Escrow Projects 5411885 9-16 Reimb Redevelopment 1,462.50 527 2493 Escrow Projects 5411886 9-16 Reimb Redevelopment 7,870.50 528 2493 Escrow Projects 5411899 9-16 Reimb Redevelopment 1,410.50 529 16,665.35 530 16,665.35 531 GRAND TOTAL 2,529,157.65 Total N/A Total 700 - Escrow Fund 3447 Holland & Knight LLP N/A 3447 Holland & Knight LLP N/A 3447 Holland & Knight LLP N/A 3447 Holland & Knight LLP N/A N/A 1067 Orange Crush N/A 1067 Orange Crush N/A 6471 Winters Landscape - Christen N/A 2243 Sedgwick CMS 00 1089 Autokrafters of Des Plaines N/A 1320 IL State Police 1402 DiNatale Construction Inc Total 00 - Non Departmental Total 600 - Risk Management Fund N/A 6453 Chen, Jinxin Total 00 - Non Departmental Total 520 - Metra Leased Parking Fund Fund: 700 - Escrow Fund 00 3447 Holland & Knight LLP Fund: 600 - Risk Management Fund 00 Total 510 - City Owned Parking Fund Fund: 520 - Metra Leased Parking Fund 00 1165 Union Pacific Railroad 00 2313 City Electric Supply Company (CES) Total 00 - Non Departmental Page 22 of 25 Line #Invoice Invoice Desc Amount 532 533 6015 Communication Services 10/11/2016 x1141 Internet/Cable Service 10/18- 11/17/2016 246.72 534 6015 Communication Services 11526044Oct2016 A Internet/Cable Service x6044 10/21-11/20/2016 95.00 535 341.72 536 6025 Administrative Services 2016 2016 Vehicle Data CD 500.00 537 500.00 538 6015 Communication Services 1018/2016 x6724 Internet/Cable Service Nov 2016 16.76 539 16.76 540 6015 Communication Services 10/22/2016 x6716 Internet/Cable Service Nov 2016 14.66 541 14.66 542 2471 Red Light Payable 170560040661273 8 Red Light Cash Payment 10/27/2016 100.00 543 2471 Red Light Payable 170560040606770 1 Red Light Cash Payment 10/27/2016 100.00 544 200.00 545 1,073.14 546 547 7110 Natural Gas 10/13/16 x603131 Natural Gas 09/13-10/12/2016 25.81 548 7110 Natural Gas 10/13/16 x550488 Natural Gas 09/13-10/12/2016 24.65 549 50.46 550 50.46 551 552 6015 Communication Services 847Z97367010-16 Communication Service 10/16- 11/15/2016 390.59 553 390.59 554 390.59 555 556 6015 Communication Services 10/20/2016 x6216 Internet/Cable Service 10/27- 11/26/2016 104.85 557 6015 Communication Services 11526044Sep2016 D Internet/Cable Service x0573 09/11-10/10/2016 400.00 558 6015 Communication Services 11526044Oct2016 D Internet/Cable Service x0573 10/11-11/10/2016 430.00 Org Account Vendor Total 20 - City Administration 30 1744 IL Secretary of State 20 1533 Wide Open West LLC Fund: 100 - General Fund 20 1032 Comcast Cable 60 1032 Comcast Cable Total 30 - Finance Total 201 - TIF #1 Downtown Fund Total 00 - Non Departmental 00 1064 Nicor 00 1064 Nicor 60 1009 AT&T Total 60 - Police Department Fund: 280 - Emergency Telephone System Fund 00 1032 Comcast Cable Fund: 500 - Water/Sewer Fund Total 280 - Emergency Telephone System Fund 00 1533 Wide Open West LLC 00 1533 Wide Open West LLC Total 65 - Emergency Management Agency Total 60 - Police Department 65 1032 Comcast Cable Fund: 201 - TIF #1 Downtown Fund N/A 4297 Des Plaines Photo Enforcement Program N/A 4297 Des Plaines Photo Enforcement Program Total N/A City of Des Plaines Warrant Register - 11/21/2016 Manual Checks Total 100 - General Fund Page 23 of 25 Line #Invoice Invoice Desc AmountOrgAccount Vendor City of Des Plaines Warrant Register - 11/21/2016 Manual Checks 559 7110 Natural Gas 10/17/16 x054542 Natural Gas 09/15-10/14/2016 259.78 560 7110 Natural Gas 10/19/16 x500009 Natural Gas 09/16-10/19/2016 24.08 561 7110 Natural Gas 10/19/16 x500005 Natural Gas 09/16-10/19/2016 105.96 562 7110 Natural Gas 10/14/16 x400005 Natural Gas 09/15-10/14/2016 81.09 563 1,405.76 564 1,405.76 565 GRAND TOTAL 2,919.95 00 1064 Nicor 00 1064 Nicor Total 00 - Non Departmental Total 500 - Water/Sewer Fund 00 1064 Nicor 00 1064 Nicor Page 24 of 25 Amount Transfer Date Automated Accounts Payable 2,529,157.65$ **11/21/2016 Manual Checks 2,919.95$ **11/4/2016 Payroll 1,218,583.45$ 11/10/2016 -$ Electronic Transfer Activity: Bank of America Credit Card -$ Chicago Water Bill ACH -$ Postage Meter Direct Debits -$ Utility Billing Refunds 2,416.06$ 10/28/2016 First Merit Bank Fees -$ IMRF Payments 146,658.80$ 11/10/2016 FEMA Buyouts - 2 -$ Debt Service -$ Employee Medical/Dental Trust -$ Total Cash Disbursements:3,899,735.91$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Twenty-First Day of November 2016 Ayes ______ Nays _______ Absent _______ Gloria J. Ludwig, City Clerk Matthew J. Bogusz, Mayor City of Des Plaines Warrant Register 11/21/2016 Summary RHS Payout Page 25 of 25 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: November 1, 2016 To: Michael G. Bartholomew, MCP, LEED AP, City Manager Michael McMahon, Community and Economic Development Director From: Lauren Pruss, AICP, Economic Development Coordinator Subject: Consideration of Text Amendment to Sections 12-3-5.B and 12-11-6.B of the Zoning Code, Case #16-071-TA Issue: City initiated Text Amendments are proposed to amend the sign regulations for electronic message boards (Section 12-11-6), and to permit a Planned Unit Development in the R-1 zone (Section 12-3-5.B.3.a), of Title 12 of the Des Plaines City Code (the City of Des Plaines 1998 Zoning Ordinance, as amended). Analysis: Zoning Code Text Amendment Report 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 Project Description: An Amendment is requested to the City of Des Plaines Zoning Ordinance to change the text as follow. 12-3-5. PLANNED UNIT DEVELOPMENTS A. No Change B. Prerequisites: Location, Ownership And Size: 1. Planned Unit Developments are authorized in each of the following zoning districts of this title subject to the regulations of this section. 2. The site of a Planned Unit Development must be under single ownership and/or unified control. 3. The minimum size of a Planned Unit Development shall be not less than: a. In the R-1, R-2, R-3, and R-4 zoning districts: Two (2) acres; b. In the C-1, C-2, C-3 and C-4 zoning districts: Two (2) acres; MEMORANDUM Page 1 of 15 c. In the C-5 zoning district: One acre; d. In the C-7 zoning district: Ten (10) acres; and e. In the M-1, M-2, M-3 and I-1 zoning districts: Two (2) acres. (Ord. Z-14-15, 7-6-2015) . . . 12-11-6.B.: Commercial, Manufacturing And Institutional Districts (Signs by type): Electronic message boards Electronic message boards shall not exceed 5030 percent of the total sign area, or 32 square feet, whichever is less. Only 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 feet 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 standard. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 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. Standards for Zoning Code Text Amendment: The proposed amendment is a part of the effort to streamline the approval process for residential Planned Unit Developments (PUD) and does not conflict with the City’s comprehensive plan, the official policy guide to future land use. A PUD process that is flexible will not only facilitate new developments but also reduce the administrative burden for both the City and the developer. To analyze this text amendment request, the standards for amendments contained in Section 12-3-7(E) of the Zoning Ordinance are used. Following is a discussion of those standards. Page 2 of 15 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 City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not address these changes in detail. 2. Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property; Virtually every permit that is submitted for an electronic message board exceeds the current 30 percent, or 32 square foot maximum for this type of sign, requiring a lengthy public hearing process for approval. This amendment retains limitations on the amount of electric messaging allowed, but will provide greater flexibility in the requirements for electronic message boards. 3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property; The proposed amendment is not anticipated to have a significant effect on public facilities or services. 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and The proposed amendment is not substantive in nature and should not have an adverse effect on the value of the properties. 5. Whether the proposed amendment reflects responsible standards for development and growth. (Ord. Z-8-98, 9-21-1998) The proposed amendment is a part of the effort to streamline the approval process for the City’s business community. Recommendation: At its October 25, 2016 regular meeting, the Planning and Zoning Board unanimously recommended approval of the proposed text amendments. Additionally, the Community and Economic Development Department recommends approval of the proposed text amendments to the 1998 City of Des Plaines Zoning Ordinance, as amended. Pursuant to Sections 12-3-7.D of the Zoning Code, the City Council has the authority to approve, approve subject to conditions, or deny the above-mentioned zoning request. It is requested that this item be placed on the Committee of the Whole agenda at the November 21, 2016 City Council meeting. Attachments: Attachment 1: Letter from Planning & Zoning Board to the Mayor Attachment 2: Draft Minutes excerpt of the October 25, 2016 Planning and Zoning Board Hearing Ordinance Z-29-16 An Ordinance Amending the Text of the City Zoning Ordinance Regarding Electronic Message Boards Ordinance Z-30-16 An Ordinance Amending the Text of the City Zoning Ordinance Regarding Planned Unit Development Standards Page 3 of 15 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org November 4, 2016 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Consideration of Text Amendment to Section 12-3-5.B and 12-11-6.B of the Zoning Code, Case #16-071-TA Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on October 25, 2016 to consider a text amendment to Section 12-3-5.B and 12-11-6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended, to eliminate the minimum required Planned Unit Development (PUD) standard for lot area per dwelling unit for residential developments. 1. The Community and Economic Development Department presented the text amendment information. 2. The Community and Economic Development Department recommended approval of the requested text amendment. 3. The Planning and Zoning Board recommended (5-0) that the City Council approve the text amendment to Section 12-3-5.B and 12-11-6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended, to permit residential planned unit developments in the R-1 zone and to modify the requirements for electronic message boards. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials Aldermen Page 4 of 15Attachment 1 Case #16-065-V- 1883 Orchard St Case #16-071-TA- Electronic Message Signs and PUD (R-1) Regulations Case #16-054-TA- Public Open Space October 25, 2016 Page 4 the property lines, including the property directly north and the property across the street. The surrounding area is zoned R-2 and the lots are very narrow, much more narrow than what we would allow today. Chairman Szabo asked if anyone in the audience had questions. He swore in Mr. Ronald Carlow, the next door neighbor at 1887 Orchard St. Mr. Carlow stated that the garage was built on Saturday, July 23, 2016. He stated that when he saw the gentleman building the garage 2’ away from the fence, he asked the contractor if they had received a variation. The contractor said they always build them 2’ away from the property line. Mr. Carlow indicated that the garage was finished in two days. He stated that he called his alderman on Saturday and he said he didn’t know what the variation was, and waited until Monday to call the building department. He doesn’t care that the garage is there, as long as she puts gutters on it. The downspouts need to go on her property line and not his. Commissioner Saletnik stated that the downspouts will need to be directed towards the front and rear of her property and not directed towards her neighbor’s property. Ms. Bronkowski stated that her neighbor at 1887 Orchard directs his downspouts towards her property and has three sheds in his yard. She stated that her downspouts will be directed towards the north of her property and not on her neighbors. Chairman Szabo asked if the Board has further questions. Chairman Szabo asked if there were any questions. He asked the audience if anyone is in favor or objects to this proposal – no one responded. A motion was made by Board Member Hofherr that includes the conditions that the gutters must be installed with the downspouts aimed towards the petitioner’s property and that the code enforcement department be notified to issue a citation for the violation, seconded by Board Member Green, to grant the standard variation request. AYES: Schell, Hofherr, Saletnik, Bader, Szabo, Green, Catalano NAYES: None ***MOTION CARRIED UNANIMOUSLY*** 2. Addresses: Citywide Case 16-071-TA City initiated Text Amendments are proposed to amend the sign regulations for electronic message boards (Section 12-11-6), and to permit a planned unit development in the R-1 zone (Section 12-3-5.B.3.a), of Title 12 of the Des Plaines City Code (the City of Des Plaines 1998 Zoning Ordinance, as amended). Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Ms. Pruss explained the three difference amendments in the code. Please see staff report below. Page 5 of 15Attachment 2 Case #16-065-V- 1883 Orchard St Case #16-071-TA- Electronic Message Signs and PUD (R-1) Regulations Case #16-054-TA- Public Open Space October 25, 2016 Page 5 Analysis: Zoning Code Text Amendment Report 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 Project Description: An Amendment is requested to the City of Des Plaines Zoning Ordinance to change the Text as follows. 12-3-5. PLANNED UNIT DEVELOPMENTS A. No Change B. Prerequisites: Location, Ownership And Size: 1. Planned Unit Developments are authorized in each of the following zoning districts of this title subject to the regulations of this section. 2. The site of a Planned Unit Development must be under single ownership and/or unified control. 3. The minimum size of a Planned Unit Development shall be not less than: a. In the R-1 R-2, R-3, and R-4 zoning districts: Two (2) acres; b. In the C-1, C-2, C-3 and C-4 zoning districts: Two (2) acres; c. In the C-5 zoning district: One acre; d. In the C-7 zoning district: Ten (10) acres; and e. In the M-1, M-2, M-3 and I-1 zoning districts: Two (2) acres. (Ord. Z-14-15, 7-6-2015) . . . 12-11-6.B.: Commercial, Manufacturing And Institutional Districts (Signs by type): Electronic message boards Electronic message boards shall not exceed 5030 percent of the total sign area, or 32 square feet, whichever is less. Only 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 feet 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. Page 6 of 15Attachment 2 Case #16-065-V- 1883 Orchard St Case #16-071-TA- Electronic Message Signs and PUD (R-1) Regulations Case #16-054-TA- Public Open Space October 25, 2016 Page 6 1. Institutional district is exempt from this standard. 2. LED illumination of the numerical pricing component of gasoline station signs are exempt from this standard. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 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. Standards for Zoning Code Text Amendment: The proposed amendment is a part of the effort to streamline the approval process for residential Planned Unit Developments (PUD) and does not conflict with the City’s comprehensive plan, the official policy guide to future land use. A PUD process that is flexible will not only facilitate new developments but also reduce the administrative burden for both the City and the developer. To analyze this text amendment request, the standards for amendments contained in Section 12-3-7(E) of the Zoning Ordinance are used. Following is a discussion of those standards. 1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council; The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not address these changes in detail. 2. Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property; Virtually every permit that is submitted for an electronic message board exceeds the current 30 percent, or 32 square foot maximum for this type of sign, requiring a lengthy public hearing process for approval. This amendment retains limitations on the amount of electric messaging allowed, but will provide greater flexibility in the requirements for electronic message boards. 3. Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property; The proposed amendment is not anticipated to have a significant effect on public facilities or services. Page 7 of 15Attachment 2 Case #16-065-V- 1883 Orchard St Case #16-071-TA- Electronic Message Signs and PUD (R-1) Regulations Case #16-054-TA- Public Open Space October 25, 2016 Page 7 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and The proposed amendment is not substantive in nature and should not have an adverse effect on the value of the properties. 5. Whether the proposed amendment reflects responsible standards for development and growth. (Ord. Z-8-98, 9-21-1998) The proposed amendment is a part of the effort to streamline the approval process for the City’s business community. Recommendation: The Community and Economic Development Department recommends approval of the proposed text amendments to the 1998 City of Des Plaines Zoning Ordinance, as amended. Planning & Zoning Board Procedure: Pursuant to Sections 12-3-7.D.3 of the Zoning Code, the Planning and Zoning Board may vote to recommend approval, approval with modifications, or disapproval. The City Council has final authority over the Text Amendment. Commissioner Schell questioned if this is in conformance with other surrounding communities. Ms. Pruss indicated that is going to be more stream-lined and all communities are different. We should allow for the option of more formal land planning in the PUD process. Two-acres is already in the code for our other Residential zones. Chairman Szabo asked if there were any additional questions from the board or the audience. A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the Text Amendments as presented in the staff report. ***MOTION CARRIED UNANIMOUSLY*** OLD BUSINESS 1. Address: Citywide Case Number: 16-054-TA The Planning and Zoning Board will hold public hearing on amendments to the Zoning Ordinance and the Subdivision Regulations necessary to require developers of residential developments that create new demand for additional Public Open Space specifically and uniquely attributable to the developments to either contribute land or pay a fee in lieu of land for use by the Park District to provide the necessary additional Public Open Space within the City. Petitioner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 Owner: City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016 At the August 25, 2016 the Planning and Zoning Board voted to continue the hearing to tonight. Staff needs some additional time before we present to the board. This text amendment is continued to November 8, 2016. A motion was made by Board Member Green, seconded by Board Member Saletnik, to continue to November 8, 2016. ***MOTION CARRIED UNANIMOUSLY*** Page 8 of 15Attachment 2 1 CITY OF DES PLAINES ORDINANCE Z - 29 - 16 AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING ELECTRONIC MESSAGE BOARDS (CASE# 16-071-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 of the City of Des Plaines, as amended; and WHEREAS, Section 12-11-6.B of the Zoning Ordinance sets forth certain requirements for Signs in the Commercial, Manufacturing and Institutional Districts, including electronic message boards (“Sign Regulations”); and WHEREAS, the City desires to amend the Sign Regulations to increase the minimum permitted sign area that can be used as an electronic message board ("Text Amendment"); and WHEREAS, a public hearing by the Planning and Zoning Board (“PZB”) to consider the Text Amendment was duly advertised in the Journal on October 7, 2016, and held on October 25, 2016; and WHEREAS, the PZB voted to recommend approval of the Text Amendment by a vote of 7-0, which recommendation the PZB forwarded in writing to the City Council on November 4, 2016; 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 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. Page 9 of 15 2 SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration of the Text Amendment has complied with the provisions of Section 12-3-7 of the Zoning Ordinance. SECTION 3. PLANNED UNIT DEVELOPMENTS. The City Council amends Section 12-3-5, titled “Planned Unit Developments,” of Chapter 3, titled "Development Review Procedures," of the Zoning Ordinance to delete subsection 12-3-5(C)(2) and renumber all following subsection accordingly: “12-11-6.B: Commercial, Manufacturing And Institutional Districts (Signs by type): Electronic message boards Electronic message boards shall not exceed 5030 percent of the total sign area, or 32 square feet, whichever is less. Only 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 feet 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. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. 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 Page 10 of 15 3 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 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. [SIGNATURE PAGE TO FOLLOW] Page 11 of 15 4 PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel [NOTE: Deleted Language is Struck Through. New Language is Bolded and Double Underlined.] Page 12 of 15 1 CITY OF DES PLAINES ORDINANCE Z - 30 - 16 AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING PLANNED UNIT DEVELOPMENT STANDARDS (CASE# 16-045-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 of the City of Des Plaines, as amended; and WHEREAS, Section 12-3-5 of the Zoning Ordinance sets forth certain prerequisites location and size of planned unit developments (“PUD”) within the City (“PUD Regulations”); and WHEREAS, the City desires to amend the PUD Regulations to eliminate the minimum requirement for lot area per dwelling unit for residential PUDs ("Text Amendment"); and WHEREAS, a public hearing by the Planning and Zoning Board (“PZB”) to consider the Text Amendment was duly advertised in the Journal on October 7, 2016, and held on October 25, 2016; and WHEREAS, the PZB voted to recommend approval of the Text Amendment by a vote of 7-0, which recommendation the PZB forwarded in writing to the City Council on November 4, 2016; 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 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. Page 13 of 15 2 SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration of the Text Amendment has complied with the provisions of Section 12-3-7 of the Zoning Ordinance. SECTION 3. PLANNED UNIT DEVELOPMENTS. A. The City Council amends Section 12-3-5, titled “Planned Unit Developments,” of Chapter 3, titled "Development Review Procedures," of the Zoning Ordinance as follows: “12-3-5: PLANNED UNIT DEVELOPMENTS: * * * B. Prerequisites: Location, Ownership And Size: 1. Planned Unit Developments are authorized in each of the following zoning districts of this title subject to the regulations of this section. 2. The site of a Planned Unit Development must be under single ownership and/or unified control. 3. The minimum size of a Planned Unit Development shall be not less than: a. In the R-1, R-2, R-3, and R-4 zoning districts: Two (2) acres; b. In the C-1, C-2, C-3 and C-4 zoning districts: Two (2) acres; c. In the C-5 zoning district: One acre; d. In the C-7 zoning district: Ten (10) acres; and e. In the M-1, M-2, M-3 and I-1 zoning districts: Two (2) acres. * * *” B. The City Council amends Subsection I titled “Residential Use Matrix”, of Section 12-7-2, titled “Planned Unit Developments,” of Chapter 3, titled "Development Review Procedures," of the Zoning Ordinance as follows: Uses R-1 R-2 R-3 R-4 Planned Developments C C C C Page 14 of 15 3 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. [SIGNATURE PAGE TO FOLLOW] PASSED this day of , 2016 APPROVED this day of , 2016 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2016 CITY CLERK Peter M. Friedman, General Counsel [NOTE: Deleted Language is Struck Through. New Language is Bolded and Double Underlined.] DP-Ordinance Amending Zoning Code –Text Amendment re PUD Standards for Lot Area Per Dwelling Unit for Residential Developments Page 15 of 15 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 23, 2016 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager Michael McMahon, Community and Economic Development Director From: Lauren Pruss, Economic Development Coordinator Subject: Class 6b Renewal Resolution Request – 1333-1347 S. Mount Prospect Rd., Case #16-073-6b James Campbell Company (3rd Ward) Issue: The James Campbell Company, LLC has filed an application requesting a City resolution in support of its Class 6b Tax Incentive renewal application (Attachment 1). The subject property was granted a Class 6b property tax incentive beginning in 2007 based on New Construction. Tax year 2016 is the tenth year in which the subject property is classified as a Class 6b property, and the property taxes will begin to revert from the 10% assessment level back to the 25% assessment level. The County permits the renewal of the Class 6b incentive with the support of the local municipality. Analysis: The subject property consists of two buildings containing approximately 228,603 square feet on a 13.43 acre site. The site has been fully leased and occupied since 2006 by the sole tenant, Shenker, Inc., a logistics service provider that provides its customer with warehouse and distribution services. Shenker, Inc. has approximately 290 employees at the subject property, of which approximately 45 are Des Plaines residents. A 6b incentive was granted to the owner in 2006 as part of the construction and occupancy of the current building. Since construction in 2006, the applicant has invested nearly $2.8M to maintain the buildings and site. If the property tax incentive renewal is approved, the applicant contends that it will continue to receive sufficient revenues to provide normal maintenance improvements to the property, including anticipated roof maintenance in 2025/26 that will cost an estimated $1.68M. However, if it is not approved, the increased property taxes will not only impact the applicant’s ability to maintain the existing property, but will also affect the likelihood that Shenker will seek alternative sites with a lower property tax burden. The applicant further contends that the existing buildings are obsolete in a number of ways which will result in long-term vacancy at the site and a subsequent loss of property tax revenue due to vacancy. Assessment of Tax Impact Scenarios: 1. Property Taxes in 2015 as-is in 10th Year of 6b Incentive: $659,141 2. Estimated 2017 Property Taxes with a 6b and occupied: $868,292 3. Estimated 2017 Property Taxes as-is and without a 6b: $1,302,437 4. Estimated 2017 Property Taxes without a 6b and total vacancy: $575,600 Cook County’s Class 6b economic development tool is intended to encourage industrial investment by MEMORANDUM Page 1 of 71 offering a real estate tax incentive that lowers property taxes to ensure that Cook remain competitive with neighboring DuPage County property tax rates. A Class 6b incentive requires a resolution of consent from municipalities. Qualified industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 11th year and 20% in the 12th year. Normally such properties are assessed at 25% of market value (Attachment 2). Outside of a significant capital reinvestment in an already occupied property, it has been City policy to support 6b requests only for vacant property in an effort to encourage reinvestment in the City’s most blighted industrial properties. Recommendation: I recommend that the City Council deny the requested Class 6b Tax Incentive Resolution of Support. Attachments: Attachment 1: Resolution Request with Estimated Improvement Costs Attachment 2: Estimated Tax Projections Attachment 3: Location Map Page 2 of 71 Page 3 of 71Attachment 1 Page 4 of 71Attachment 1 Page 5 of 71Attachment 1 Page 6 of 71Attachment 1 Page 7 of 71Attachment 1 Page 8 of 71Attachment 1 Page 9 of 71Attachment 1 Page 10 of 71Attachment 1 Page 11 of 71Attachment 1 Page 12 of 71Attachment 1 Page 13 of 71Attachment 1 Page 14 of 71Attachment 1 Page 15 of 71Attachment 1 Page 16 of 71Attachment 1 Page 17 of 71Attachment 1 Page 18 of 71Attachment 1 Page 19 of 71Attachment 1 Page 20 of 71Attachment 1 Page 21 of 71Attachment 1 Page 22 of 71Attachment 1 Page 23 of 71Attachment 1 Page 24 of 71Attachment 1 Page 25 of 71Attachment 1 Page 26 of 71Attachment 1 Page 27 of 71Attachment 1 Page 28 of 71Attachment 1 Page 29 of 71Attachment 1 Page 30 of 71Attachment 1 Page 31 of 71Attachment 1 Page 32 of 71Attachment 1 Page 33 of 71Attachment 1 Page 34 of 71Attachment 1 Page 35 of 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R a t e 2 Es t i m a t e d M a r k e t V a l u e B a s e d on t h e 2 0 1 6 C o o k C o u n t y As s e s s o r ' s O f f i c e ' s C e r t i f i e d Ma r k e t V a l u e w i t h F u l l Oc c u p a n c y a n d $ 2 , 6 4 3 , 3 7 0 i n Im p r o v e m e n t s i n b e t w e e n 2 0 2 0 an d 2 0 2 6 3 5 Ye a r o f Pr o p o s e d Re n e w e d In c e n t i v e 4 As s e s s m e n t Le v e l W i t h o u t a Cl a s s 6 b Re n e w a l Es t i m a t e d A s s e s s e d Va l u e W i t h o u t a Cl a s s 6 b R e n e w a l Es t i m a t e d T a x e s Wi t h o u t a C l a s s 6b R e n e w a l Es t i m a t e d M a r k e t V a l u e B a s e d on t h e 2 0 1 6 C o o k C o u n t y As s e s s o r ' s O f f i c e ' s C e r t i f i e d Ma r k e t V a l u e w i t h a R e d u c t i o n Ba s e d o n 1 0 0 % V a c a n c y 3 As s e s s m e n t Le v e l W i t h o u t a Cl a s s 6 b Re n e w a l 4 Es t i m a t e d A s s e s s e d Va l u e W i t h o u t a C l a s s 6b R e n e w a l Es t i m a t e d T a x Wi t h o u t a C l a s s 6 b Re n e w a l Estimated Market Value Based on the 2016 Cook County Assessor's Office's Certified Market Value with Full Occupancy and $2,643,370 in Improvements in between 2020 and 2026 3 5Year of Proposed Renewed Incentive 1AssessmentLevel With a Class 6b RenewalEstimated Assessed Value With a Class 6b RenewalEstimated Taxes With a Class 6b Renewal 20 1 7 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 8 , 7 2 1 , 4 8 0 1 1 t h 1 5 . 0 0 0 0 % $ 4 , 3 0 8 , 2 2 2 $1 , 3 0 2 , 4 3 7 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $28,721,480 1s t 10.0000% $2,872,148 $868,292 20 1 8 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 8 , 7 2 1 , 4 8 0 1 2 t h 2 0 . 0 0 0 0 % $ 5 , 7 4 4 , 2 9 6 $1 , 7 3 6 , 5 8 3 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $28,721,480 2nd 10.0000% $2,872,148 $868,292 20 1 9 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 8 , 7 2 1 , 4 8 0 n / a 2 5 . 0 0 0 0 % $ 7 , 1 8 0 , 3 7 0 $2 , 1 7 0 , 7 2 9 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $28,721,480 3rd 10.0000% $2,872,148 $868,292 20 2 0 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 8 , 7 3 1 , 9 8 0 n / a 2 5 . 0 0 0 0 % $ 7 , 1 8 2 , 9 9 5 $2 , 1 7 1 , 5 2 3 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $28,731,980 4th 10.0000% $2,873,198 $868,609 20 2 1 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 9 , 3 8 0 , 6 7 0 n / a 2 5 . 0 0 0 0 % $ 7 , 3 4 5 , 1 6 8 $2 , 2 2 0 , 5 5 0 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $29,380,670 5th 10.0000% $2,938,067 $888,220 20 2 2 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 9 , 5 4 8 , 4 5 0 n / a 2 5 . 0 0 0 0 % $ 7 , 3 8 7 , 1 1 3 $2 , 2 3 3 , 2 3 0 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $29,548,450 6th 10.0000% $2,954,845 $893,292 20 2 3 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 9 , 6 8 4 , 8 5 0 n / a 2 5 . 0 0 0 0 % $ 7 , 4 2 1 , 2 1 3 $2 , 2 4 3 , 5 3 9 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $29,684,850 7th 10.0000% $2,968,485 $897,416 20 2 4 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 2 9 , 6 8 4 , 8 5 0 n / a 2 5 . 0 0 0 0 % $ 7 , 4 2 1 , 2 1 3 $2 , 2 4 3 , 5 3 9 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $29,684,850 8th 10.0000% $2,968,485 $897,416 20 2 5 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 3 0 , 7 0 4 , 8 5 0 n / a 2 5 . 0 0 0 0 % $ 7 , 6 7 6 , 2 1 3 $2 , 3 2 0 , 6 2 9 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $30,704,850 9th 10.0000% $3,070,485 $928,252 20 2 6 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 3 1 , 3 6 4 , 8 5 0 n / a 2 5 . 0 0 0 0 % $ 7 , 8 4 1 , 2 1 3 $2 , 3 7 0 , 5 1 1 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $31,364,850 10th 19.3737% $6,076,532 $1,837,023 20 2 7 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 3 1 , 3 6 4 , 8 5 0 n / a 2 5 . 0 0 0 0 % $ 7 , 8 4 1 , 2 1 3 $2 , 3 7 0 , 5 1 1 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $31,364,850 11th 15.0000% $4,704,728 $1,422,307 20 2 8 1 1 . 3 2 9 % 2 . 6 6 8 5 3 0 . 2 3 1 % $ 3 1 , 3 6 4 , 8 5 0 n / a 2 5 . 0 0 0 0 % $ 7 , 8 4 1 , 2 1 3 $2 , 3 7 0 , 5 1 1 $7 , 6 1 5 , 9 1 2 2 5 . 0 0 0 0 % $ 1 , 9 0 3 , 9 7 8 $5 7 5 , 6 0 0 $31,364,850 12th 20.0000% $6,272,970 $1,896,409 $2 5 , 7 5 4 , 2 9 3 $ 6 , 9 0 7 , 1 9 9 $13,133,817 Pr o p e r t y T a x R e v e n u e G e n e r a t e d f r o m t h e R e n e w a l o f t h e P r o p e r t y 's Class 6b Tax Incentive: 12 Y e a r I m p a c t C h a r t To t a l E s t i m a t e d T a x e s ( 2 0 1 6 t o 2 0 2 7 ) 13 3 3 - 1 3 4 7 N o r t h M o u n t P r o s p e c t R o a d Estimated Taxes with a Class 6b Renewal Es t i m a t e d T a x e s w i t h o u t a C l a s s 6 b R e n e w a l an d w i t h T o t a l V a c a n c y To t a l E s t i m a t e d T a x e s ( 2 0 1 6 t o 2 0 2 7 ) (P I N : 0 9 - 1 9 - 3 0 0 - 0 1 3 - 0 0 0 0 ) De s P l a i n e s , I l l i n o i s Es t i m a t e d T a x e s w i t h o u t a C l a s s 6 b R e n e w a l No t e 5 : P l e a s e s e e t h e " P l a n n e d R e h a b i l i t a t i o n o f t h e S u b j e c t P r o p e r t y " s h e e t f o r m o r e i n f o r m a t i o n r e g a r d i n g t h e e x p e c t e d i m p r o v e m e n t s. Th e a b o v e e s t i m a t e s a r e s p e c u l a t i v e , a n d s h o u l d b e t r e a t e d a s s uc h . No t e s : Total Estimated Taxes (2016 to 2027) No t e 1 : Th e a b o v e i s b a s e d o n t h e a s s u m p t i o n t h a t t h e C l a s s 6 b T a x I n c e nt i v e f o r t h e s u b j e c t p r o p e r t y w i l l b e r e n e w e d i n 2 0 1 7 . No t e 2 : Th e 2 0 1 5 E f f e c t i v e T a x R a t e ( t h e 2 0 1 5 t a x r a t e x t h e 2 0 1 5 m u l t i pl i e r ) w a s n o t i n c r e a s e d t o a c c o u n t f o r p o s s i b l e i n c r e a s e s i n t he E f f e c t i v e T a x R a t e b e t w e e n 2 0 1 5 a n d 2 0 2 8 . No t e 3 : Th e s u b j e c t p r o p e r t y ' s I n i t i a l 2 0 1 6 C o o k C o u n t y M a r k e t V a l u e w a s $ 3 0 , 3 4 6 , 7 4 0 . I t w a s r e d u c e d t o $ 2 8 , 7 2 1 , 4 8 0 a t t h e A s s e s s o r ' s Of f i c e b a s e d o n " a n i n c o m e , m a r k e t o r c o s t a n a l y s i s . " No t e 4 : W i t h o u t a r e n e w a l , t a x y e a r 2 0 1 7 i s s c h e d u l e d t o b e t h e 1 1 t h y ea r o f t h e i n c e n t i v e a n d t a x y e a r 2 0 1 8 i s s c h e d u l e d t o b e t h e 1 2t h y e a r o f t h e i n c e n t i v e . A c c o r d i n g l y , t h e a s s e s s m e n t l e v e l w i th o u t a r e n e w a l f o r t a x y e a r 2 0 1 7 w i l l l i k e l y b e a r o u n d 1 5 % a n d the assessment level without a renewal for tax year 20 1 8 w i l l b e a r o u n d 2 0 % . T h e a b o v e a s s e s s m e n t l e v e l s f o r s a i d t ax y e a r s , h o w e v e r , a r e l i s t e d a t 2 5 % . Th i s i s b a s e d o n t h e f a c t t h a t w h e n a p r o p e r t y b e c o m e s f u l l y v a ca n t , t h e A s s e s s o r ' s O f f i c e d e a c t i v a t e s t h e i n c e n t i v e u n t i l t h e property becomes reoccupied. Please note that Assessor's Office still co u n t s t h o s e y e a r s w h e n i n c e n t i v e i s d e a c t i v a t e d a s p a r t o f t h e i n c e n t i v e ' s t e r m . A c c o r d i n g l y , w i t h o r w i t h o u t d e a c t i v a t i o n , t ax y e a r 2 0 1 8 w i l l b e t h e l a s t y e a r o f t h e i n c e n t i v e u n l e s s i t i s r e n e w e d . $6,226,619 11 / 1 / 2 0 1 6 Page 1 of 1 Page 70 of 71 At t a c h m e n t 2 Location Map 1333-1347 S. Mount Prospect Road – Class 6b Request #16-073-6b Page 71 of 71Attachment 3 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: November 9, 2016 To: Mayor and Members of City Council From: Michael G. Bartholomew, ICMA-CM, City Manager Subject: Residency Discussion At the request of Aldermen Sayad, a discussion will take place on the November 21, 2016 City Council Agenda regarding residency for department directors. 131 South Dearborn Street, 30th Floor | Chicago, IL 60603 | T 312.263.3600 | F 312.578.6666 Holland & Knight LLP | www.hklaw.com Peter M. Friedman (312) 578-6566 peter.friedman@hklaw.com Memorandum Date: November 10, 2016 Anchorage | Atlanta | Austin | Boston | Chicago | Dallas | Denver | Fort Lauderdale | Jacksonville | Lakeland | Los Angeles | Miami New York | Northern Virginia | Orlando | Portland | San Francisco | Tallahassee | Tampa | Washington, D.C. | West Palm Beach #48649187_v1 To: Mayor and Members of City Council From: General Counsel, Peter M. Friedman Re: Des Plaines – Summary of Ordinance Amending City Code re: Political Contributions At your direction at the November 7, 2016 regular meeting, we have prepared a revised ordinance for your consideration for second reading approval with regard to political contributions. The following is a summary of its provisions (with the description of changes from the November 7 meeting underlined): • Generally, the current prohibition on cash and in-kind political contributions would be expanded, so that the prohibition would apply to “doing business” in excess of $1,000 and also to city contractors, city appointees, and anyone or any entity that is seeking to do business with the city. • The prohibition would also apply not just to incumbent candidates but also to all candidates for elected city office, as well as elected officials and employees seeking election to any other city office. • Under the ordinance, a city contractor is any person or organization that has any combination of sales, contracts, leases, or purchases in excess of $1,000 within the current calendar year or the previous four calendar years. Per direction at the November 7 meeting, we have deleted the pervious language that created an ongoing 12-month rolling period that was impractical to monitor or enforce. • Under the ordinance, a candidate for elected city office may not accept any cash or in-kind political contributions from any city contractor, and city contractors are likewise prohibited from making any such contributions. • The definition of “city contractor” includes any of the contractor’s subsidiaries, parent company, affiliated companies, or any employee of the contractor who is reimbursed by the contractor for his or her political contribution. • The definition of “city contractor” also specifically includes any subcontractor who performs more than 50 percent of a contractor’s sales, contracts, or purchases with the city, Page 1 of 8 November 10, 2016 Page 2 #48649187_v1 or (as directed at the November 7 meeting) any subcontractor who performs more than $1,000 of a contractor’s sales, contracts, or purchases with the City. • The amended ordinance would prohibit contributions to candidates for elected city office from any city appointee. A city appointee is any member of a city board or commission appointed to serve by the mayor or city council. • The amended ordinance would also prohibit contributions to candidates for elected city office from any person or organization “seeking to do business with the city.” A person or organization is “seeking to do business with the city” if they have sought to obtain a contract or business from the city within the six months prior to the political contribution and the contract or business has not yet been awarded. • “Seeking to do business with the city” also includes a person or organization who has had a matter pending before the City Council within the six months prior to the contribution involving the award of loan funds, grant funds or bond proceeds, bond inducement ordinances, leases, land sales, zoning matters, TIF creation, concession agreements or the establishment of a Class 6(b) or similar Cook County property tax classification. • Contributions made to a candidate’s authorized political committee would be considered political contributions made to the candidate and are subject to the above prohibitions. • Any person or organization violating the political contribution prohibitions would be subject to fine between $1,000 and either $5,000 or three times the amount of the political contribution, whichever is higher, and the contribution made in violation of the prohibitions would have to be returned. • Any city contractor or person or organization seeking to do business with the city who violates the political contribution prohibitions would be disqualified from doing business with the city for a period 12 months after the violation determination. • The ordinance does provide a grace period of 10 days from the date of the violator’s knowledge of the violation in which a violator may return or request in writing the return of the political contribution made in violation of the prohibition without penalty. • The new political contribution prohibitions in the amended ordinance would apply to contributions made after the effective date of the ordinance. Page 2 of 8 1   CITY OF DES PLAINES ORDINANCE M - 28 - 16 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF DES PLAINES REGARDING POLITICAL CONTRIBUTIONS WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the City’s Code of Ethics regarding political contributions for candidates for elected office in order to provide elections for City offices with a high standard for ethics and integrity; 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: AMENDMENTS TO ETHICS CODE. Chapter 9, titled “Code of Ethics,” of Title 1, titled “Administrative,” of the City Code of Des Plaines (“Code of Ethics”) is amended as follows: A. Section 2 of the Code of Ethics, titled “Applicability,” is amended to read as follows:: “1-9-2: APPLICABILITY: All of the provisions of this chapter, except as otherwise indicated, apply to all city officials, whether paid or unpaid. With the exception of Section 1-9-12, Tthe provisions of this chapter do not apply to independent contractors.” B . Section 3 of the Code of Ethics, titled “Definitions,” is amended to read as follows: “1-9-3: DEFINITIONS:   Whenever used in this chapter, the following terms shall have the following meanings: CANDIDATE FOR CITY OFFICE: Any person who seeks nomination for election, election to or retention in any elected office of the city, whether or not such person is elected. A person seeks nomination for election, election or retention if he or she (1) takes the action necessary under the laws of the State of Illinois to attempt to qualify for nomination for election, election to or Page 3 of 8 2   retention in public office, or (2) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination for election or election to or retention in such office. For purposes of this definition, the term “expenditure” has the meaning ascribed to that term in Article 9 of the Illinois Election Code, 10 ILCS 5/9-1 et seq. CITY: The city of Des Plaines. CITY APPOINTEE: Any member of a board or commission of the city appointed or approved to serve on that board or commission by the mayor or city council. CITY CONTRACTOR: Any person or organization doing business with the city. This definition shall include an entity and its subsidiaries, parent company, or otherwise affiliated companies and affiliated subcontractors, and any of their employees, officers, directors and partners who make a political contribution for which they are reimbursed by a city contractor or affiliated subcontractor. CITY OFFICIALS: The mayor, city clerk, eight (8) aldermen, department heads and any person acting as a department head. For purposes of this chapter only, "city officials" also includes the appointed members of the planning and zoning board. AFFILIATED SUBCONTRACTOR: Any person or organization who performs more than either $1,000.00 or 50 percent of a city contractor’s sales, contracts, leases, or purchases to, from, or with the city or any city agency. This definition shall include an entity and its subsidiaries, parent company, or otherwise affiliated companies and affiliated subcontractors, and any of their employees, officers, directors and partners who makes a political contribution for which they are reimbursed by a city contractor or affiliated subcontractor. COMMITTEE OR POLITICAL COMMITTEE: As defined in article 9 of the Illinois election code, as amended. CONTRIBUTION: As defined in article 9 of the Illinois election code, as amended. DOING BUSINESS: Any one or any combination of sales, contracts, leases, or purchases to, from, or with the city or any city agency in an amount in excess of tenone thousand dollars ($10,000.00) in any twelve (12) consecutive months. EMPLOYEE: Any individual compensated directly by the city in exchange for work performed directly for the city (other than those employees covered in the definition of "city officials" in this section) who, in the regular course of his duties, assists and acts in a confidential capacity to persons who formulate, determine and effectuate management policies with regard to city business or who, in the regular Page 4 of 8 3   course of his duties, has authorized access to confidential information relating to the effectuation or review of the city's policies. EXPENDITURE: A payment, distribution, loan, advance, deposit or gift of money or anything of value. FINANCIAL INTEREST: A. Any interest as a result of which the owner currently receives or is entitled to receive in the future more than two thousand five hundred dollars ($2,500.00) per year; or B. Any interest with a cost or present value of five thousand dollars ($5,000.00) or more; or C. Any interest representing more than ten percent (10%) of a corporation, partnership, sole proprietorship, firm, enterprise, franchise, organization, holding company, joint stock company, receivership, trust or any legal entity organized for profit; provided, however, financial interest shall not include: 1. Any publicly held stock traded on a recognized exchange; 2. The authorized compensation paid to an official or employee for his office or employment; 3. Any economic benefit provided equally to all residents of the city; 4. A time or demand deposit in a financial institution; 5. An endowment or insurance policy or annuity contract purchased from an insurance company. SEEKING TO DO BUSINESS: A. Taking any action within the past six months to obtain a contract or business from the city when, if such action were successful, it would result in the person's doing business with the city; Page 5 of 8 4   B. The contract or business sought has not been awarded to any person; or C. Any matter that was pending before the city council in the six months prior to the date of the contribution if that matter involved the award of loan funds, grant funds or bond proceeds, bond inducement ordinances, leases, land sales, zoning matters, the creation of tax increment financing districts, concession agreements or the establishment of a Class 6(b) or similar Cook County property tax classification.” C. Section 12, titled “Political Activities,” of the Code of Ethics is amended to read as follows: “1-9-12: POLITICAL ACTIVITIES: *  *  *  B. Political Contributions 1. No city official seeking reelection may solicit or accept cash or in-kind contributions from any person or organization who has done business with the “city” as defined in section 1-9-3 of this chapter. 2. In addition to the foregoing, any person found by a court to be guilty of violating any of the provisions of this chapter, upon conviction thereof shall be punished by a fine as provided in the general penalty in section 1-4-1 of this title for each day of violation. 1. No candidate for elected city office during a single candidacy, no elected official o f t h e c i t y d u r i n g a n y reporting year of his or her term, and no official or employee of the city who is seeking election to any other office, may solicit or accept cash or in-kind contributions from any (a) city contractor who has done business with the city within the current or any of the preceding four (4) reporting years, (b) city appointee, or (c) any person or organization seeking to do business with the city. 2. No city contractor who has done business with the city within the current or any of the preceding four (4) reporting years, city appointee, or any other person or organization seeking to do business with the city shall make cash or in-kind contributions (i) to any candidate Page 6 of 8 5   for city office during a single candidacy, (ii) to an elected official of the City during any reporting year of his or her term; or (iii) to any official or employee of the city who is seeking election to any other office. 3. For purposes of this Section, all contributions to a candidate’s authorized political committees shall be considered contributions to the candidate; and a reporting year shall be from January 1 to December 31. 4. Any person who solicits, accepts, or makes a financial contribution that violates the provisions of this Section shall be subject to the penalties provided in Paragraphs 5 and 6 of this Section; provided, however, such person shall not be deemed in violation of this Section if such person returns or requests in writing the return of such financial contribution within 10 calendar days of the recipient’s or contributor’s knowledge of the violation. 5. Any person who knowingly makes, solicits, or accepts a political contribution in violation of this Section shall be subject to a fine of not less than $1,000.00 and up to the higher of $5,000.00 or three times the amount of the improper contribution that was accepted for each violation of this Section and any such contribution shall be returned. 6. Any city contractor or person or organization seeking to do business with the city who violates any of the provisions of this Section shall be disqualified from serving as a city contractor for a period of 12 months after the violation determination. 7. The provisions of this Section shall apply to contributions made or accepted on or after _____, being the effective date of Ordinance No. ____, adopting amendments to this Section.” 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 from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] Page 7 of 8 6   P A S S E D this _____ day of ____________, 2016. A P P R O V E D this _____ day of _____________, 2016. V O T E : AYES _____ NAYS _____ ABSENT _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M A Y O R A T T E S T : C I T Y C L E R K Published in pamphlet form this Approved as to form: ____ day of _______________, 2016. C I T Y C L E R K P e t e r M . F r i e d m a n , G e n e r a l C o u n s e l Inserted text is bold and double underlined; deleted text is struck through. #48424497_v6 Page 8 of 8 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: October 28, 2016 To: Honorable Aldermen From: Michael McMahon, Director of Community & Economic Development Cc: Vickie Baumann, Secretary / Registration & License Division Subject: Amendment to 4-3-5 Occasional Residential Sales i.e. Garage Sales Issue: At the request of Alderman Haugeberg, staff was asked to review the current code pertaining to garage sales specifically for multi-unit buildings. The current code does not define premises zoned or used for residential purposes regarding Occasional Residential Sales. This places a burden on regulating sales for multi-unit residential buildings. Recently, the Police Department has received multiple complaints regarding sales causing traffic congestion on major thoroughfares. Chief Bill Kushner also had requested staff to review the code pertaining to the obstruction of traffic for premises located on major thoroughfares and the penalties for violating the code. It was requested by Director of Community and Economic Development Director, Mike McMahon that the current code in its entirety needed to be reviewed and amended accordingly. Analysis: City staff began reviewing the current code and preparing an amendment to address the following deficiencies identified in the code: • Clarify and define the premises zoned and used for residential purposes. Zoned premises include single family and multi-family buildings located in a residential district. • Sales and displaying of wares are prohibited on any public property to deter traffic issues occurring. • The traffic congestion on major thoroughfares caused by an occasional residential sale is prohibited. The Chief of Police or his designee may immediately suspend the permit should such violation occur. • The standard penalty clause in our code Section 1.4.1 for clarity. Per City Council request a Policy and Procedure has been created for the scheduling of such fines. • The number of sales per property will be two (2) per calendar year with the exclusion of the community wide sale. However, a third permit may be obtained if the owner is moving or vacating the premises. • To obtain a permit for an occasional residential sale, a resident or applicant will complete an application, pay the fee and obtain the permit card. During the application review, staff will MEMORANDUM Page 1 of 8 determine location and frequency of sales for the premises. If the premises is located on a major thoroughfare, the prohibition of parking on the major thoroughfare will be reiterated to the applicant. Recommendation: We recommend the City Council adopt the attached Ordinance to the municipal code regulating Occasional Residential Sales. Attachments: Attachment 1: Draft Policy for Citations on Occasional Residential Sales Attachment 2: Ordinance M-31-16 Page 2 of 8 Page 1 of 2 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org The Community & Economic Development Department is responsible for the issuance of permits and maintain the records for Occasional Residential Sales. The Police Department is responsible for the enforcement of City codes and ordinances. To provide for effective management certain policies, procedures and interpretations must be documented. Any Policy and Procedure Order issued by the Department is meant to supplement the administrative direction of the City Manager. Where there may be a conflict between this policy and a directive of the City Manager; the City Manager’s directive shall prevail. OCCASIONAL RESIDENTIAL SALES ISSUE: Establishing a penalty system for violations pertaining to the Occasional Residential Sale code. REGULATIONS: 1) The Community & Economic Development Department issues and maintains permits for occasional sales on residential properties. 2) The Police Department issues citations for violations of the occasional residential sale code. DISCUSSION: • The code references the general penalty section of 1-4-1 with fines not to exceed $750.00 for each violation, however fines need to be structured and specific. Title: OCCASIONAL RESIDENTIAL SALES ___________________________________ Michael McMahon Director of Community & Economic Development ___________________________________ Chief Bill Kushner Chief Of Police Number: PPO-2016-01 Effective: 1/1/2017 Created: 11/7/2016 POLICY AND PROCEDURE ORDER Attachment 1 Page 3 of 8 Page 2 of 2 CONCLUSION: The Director of Community Development and the Police Department have instituted a policy whereby a resident violating the occasional sale code will be penalized accordingly:  For a first violation, a verbal or written warning will be issued.  For a second violation, a citation in the amount of $50.00 will be issued.  For a third violation, a citation in the amount of $100.00 will be issued.  For a fourth violation, a citation in the amount of $250.00 will be issued.  For five or more violations, a citation in the amount of $500.00 will be issued per occurrence. * Revision is for heading format only – no content change. Attachment 1 Page 4 of 8 CITY OF DES PLAINES ORDINANCE M - 31 - 16 AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 4 OF THE CITY OF DES PLAINES CITY CODE. WHEREAS, Chapter 3 of Title 4 of the City of Des Plaines City Code, as amended ("City Code"), establishes the rules and regulations for occasional residential sales ("Occasional Residential Sales"); and WHEREAS, the City Council has determined that amending Section 5 of the Occasional Residential Sales as set forth in this Ordinance is in the best interest of the City: 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. OCCASIONAL RESIDENTIAL SALES. Section 3, titled "Occasional Residential Sales," of Chapter 3, titled "Temporary Event Licenses," of Title 4, titled "Business Regulations," of the City Code is hereby amended to read as follows: "4-3-5: OCCASIONAL RESIDENTIAL SALES: A. Definition: For the purposes of this chapter "occasional residential sales" are defined as those sales of goods, wares and merchandise owned by the occupier of the premises or owned by a group of persons having a common sale commonly known as a garage sale, basement sale, house sale, yard sale, estate sale, moving sale, or rummage sale conducted on an infrequent and unscheduled basis on premises zoned or used for residential purposes. Bulk sales, the sale of multiple new items of the same description, and the sale of consigned merchandise, merchandise brought to the premises for resale or for reconditioning for resale are prohibited at occasional residential sales. Premises zoned or used for residential purposes include: MULTIPLE-FAMILY DWELLING: A residential building containing three (3) or more dwelling units, including what is commonly known as an apartment building or condominium, but not including group, row or town houses. SINGLE-FAMILY ATTACHED DWELLING: A residential building containing dwelling units, each of which has primary ground floor access to Attachment 2 Page 5 of 8 the outside and are attached to each other by party walls without openings. Includes townhomes. SINGLE-FAMILY DETACHED DWELLING: A residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot. B. Application; License Certificate: Licenses for occasional residential sales shall be obtained by the applicant from the director of finance from the City’s Community and Economic Devlopment Department by appearing in person or by mail. Each license certificate shall be prominently displayed on the premises covered by the license in such a manner that it is easily visible to persons passing by the premises. C. License Conditions: 1. Term: Occasional residential sales shall be permitted for no more than three (3) consecutive days, which dates shall be specified on the license certificate. Not more than two (2) such occasional residential sales may be conducted on the same premises within any calendar year with the exception of the annual city- wide community garage sale authorized by the City. except a A third occasional residential sale may be conducted on the same premises within a calendar year if the owner of the premises is moving or vacating the premises. In the event of rain, the licensed occasional residential sale may be held in the three (3) day period immediately following the permitted period; however, no such sale may exceed three (3) total days. 2. Hours Of Operation: No occasional residential sale may be conducted before eight o'clock (8:00) A.M. or after sunset. 3. Signage: All signs promoting an occasional residential sale must be removed no later than nine o'clock (9:00) P.M. on the day the license expires. No sign promoting an occasional residential sale may exceed eight (8) square feet. Signs may not be placed or displayed on any public right of away, including without limitation, on trees, light standards, telephone poles or other supporting structures, or displayed in a manner that causes any unsafe condition or impediment to vehicular or pedestrian traffic 4. Rain Date(s): In the event of rain occurring during the hours of sale on any day within permitted period, the licensed occasional residential sale may be held in the three (3) within a seven day period immediately following the originally permitted period; however, no such sale may exceed three (3) total days. Requests for rain dates must be made to the City’s Community and Economic Development Department no later than three days immediately after the permitted period to avoid forfeiture of the rain dates. Attachment 2 Page 6 of 8 5. Location of Sale: It shall be unlawful for any person to conduct an occasional residential sale on any public street or public right of way or to display wares associated with such sale on any public street or public right of way. 6. Traffic: No occasional residential sale may be conducted in a manner that causes any unsafe condition or impediment to vehicular or pedestrian traffic. Vehicular parking for any occasional residential sale is not permitted on any main thoroughfare. The Chief of Police, or his designee, may automatically suspend an occasional residential sale license should such violation occur. D. Penalty: Any person violating any provision of this chapter, where no other penalty is specifically provided, shall be fined as provided in the general penalty in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues." SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] Attachment 2 Page 7 of 8 PASSED this _____day of ____________, 2016. APPROVED this _____ day of ____________, 2016. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2016. CITY CLERK Peter M. Friedman, General Counsel DP-Ord Amending Title 4 Chapter 3 Occasional Residential Sales Attachment 2 Page 8 of 8