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20180220 Council Packet Tuesday, February 20, 2018 Closed Session – 6:00 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION COLLECTIVE BARGAINING PROBABLE LITIGATION ACQUISITION OF PROPERTY SALE OF PROPERTY PERSONNEL PENDING LITIGATION REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PUBLIC HEARING 2018 APPROPRIATION ORDINANCE CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS | CONSENT AGENDA 1. Adopt 2018 Appropriation Ordinance 1a. ORDINANCE M-3-18: An Ordinance Making Appropriations to Defray the Expenses of the City of Des Plaines, Cook County, Illinois for Municipal Purposes Designated as the “Annual Appropriation Ordinance” for the Fiscal Year Beginning January 1, 2018 and Ending December 31, 2018 2. Approve Release of Bond for Commonwealth Edison for Work Completed at Buckingham Place, 800 Northwest Highway 2a. RESOLUTION R-34-18: A Resolution Approving the Release of the Performance Security for the ComEd Improvements for the Buckingham Place Development Located at 750-800 East Northwest Highway 3. Approve First Renewal of TIF #1 Landscape Maintenance Services Contract with Beary Landscaping, Inc., 1308 Rand Road, Des Plaines, IL in the Annual Amount of $107,149. Budgeted Funds – TIF #1 Downtown City Maintenance Account. 3a. RESOLUTION R-38-18: A Resolution Approving the Renewal of a Contract with Beary Landscaping, Inc. for TIF District #1 Landscape Maintenance 4. Approve First Renewal of Parkway Restoration and Planting with Installation Services Contract with TNT Landscape Construction, Inc., 847 S. Randall Road, Elgin, IL in the Amount of $64,248.25. Budgeted Funds – Water Fund/R&M Water Distribution/TIF #1/Downtown City Maintenance and General Fund/Miscellaneous Contractual Services. 4a. RESOLUTION R-39-18: A Resolution Approving the Renewal of a Contract with TNT Landscape Construction, Inc. for Parkway Restoration and Planting Installation Services 5. Approve 2018 Appropriations Expenditure for the Current 3-Year Contract (R-56-16) with H&H Electric, 2830 Commerce Street, Franklin Park, IL for Streetlight Maintenance, Repair, and Location of Underground Wiring. Updated Amounts within Budgeted Funds – Street/Grounds Maintenance Division/Repairs & Maintenance - $30,000 and TIF #1 - $25,000 for a Total of $55,000. 5a. RESOLUTION R-40-18: A Resolution Authorizing the Expenditure of Funds Under a Contract with H&H Electric Co., for Streetlight Maintenance and Repair 6. Approve Construction Engineering Change Order No. 1 to Task Order No. 5 for Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Rosemont, IL in an Amount Not-to-Exceed $97,280.00 – Budgeted Funds – TIF #7 6a. RESOLUTION R-41-18: A Resolution Approving Change Order No. 1 to Task Order No. 5 Under a Master Contract with Christopher B. Burke Engineering, Ltd., for Engineering Services 7. Approve Construction Engineering Task Order No. 10 for Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Rosemont, IL in an Amount Not-to-Exceed $80,818.00 – Budgeted Funds – TIF #7 7a. RESOLUTION R-47-18: A Resolution Approving Task Order No. 10 Under a Master Contract with Christopher B. Burke Engineering, Ltd., for Construction Engineering Services 8. Approve Proposal for Task Order No. 2 to Master Agreement with Civiltech Engineering, Inc., Two Pierce Place, Itasca, IL for a Not-to-Exceed Amount of $135,196.79 in Order to Allow for the Rand Road Side-Path Project to Proceed. Budgeted Funds – 2018 Capital Projects Fund. 8a. RESOLUTION R-42-18: A Resolution Approving Task Order No. 2 with Civiltech Engineering, Inc. for Right-of-Way Acquisition and Consulting | 9. Ratify a Memorandum of Understanding Between the Member Agencies of MABAS Division 3 and the City of Evanston to Apply for a FEMA Grant for the Purchase of a Personnel Accountability System and Associated Radios and Other Equipment 9a. RESOLUTION R-43-18: A Resolution Ratifying a Memorandum of Understanding Between the City of Evanston and the MABAS Division 3 Agencies for a Joint Application to FEMA’s Firefighter Grant Program 10. Authorize the City Clerk to Advertise for Bid the Des Plaines River Road Reconstruction – Phase III Project (Henry Avenue to Rand Road) 11. Authorize the City Clerk to Advertise for Bid 2018 CIP Concrete Improvements – MFT-18-00000-01-GM 12. Authorize the City Clerk to Advertise for Bid 2018 CIP Street & Utility Improvements – Contract A 13. Authorize the City Clerk to Advertise for Bid 2018 CIP Street & Utility Improvements – Contract B 14. Authorize the City Clerk to Advertise for Bid 2018 CIP Street & Utility Improvements – Contract C 15. Authorize the City Clerk to Advertise for Bid the 2018 Street Sign Replacement Program 16. SECOND READING – ORDINANCE Z-31-17: An Ordinance Approving Major Variations from Section 12-8-1 of the City of Des Plaines Zoning Ordinance at 1233 Webster Lane, Des Plaines, Illinois 17. Minutes/Regular Meeting – February 5, 2018 18. Minutes/Closed Session – February 5, 2018 END OF CONSENT AGENDA COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION – Alderman Mike Charewicz, Chair a. Warrant Register in the Amount of $20,095,192.82 – RESOLUTION R-44-18 b. Issuance of General Obligation Refunding Bonds Series 2018 to Refinance 2010A and 2010B Bonds – ORDINANCE M-4-18 c. Discontinuation of Membership in the High-Level Excess Liability Pool (HELP) – RESOLUTION R-45-18 d. Enrollment in the Municipal Insurance Cooperative Agency (MICA) Excess Liability Insurance Cooperative for the Purchase of Excess Liability Insurance – RESOLUTION R-46-18 IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE FOLLOWING CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE COMMITTEE CHAIRMAN UNDER “NEW BUSINESS” | UNFINISHED BUSINESS 1. SECOND READING – ORDINANCE Z-2-18: An Ordinance Granting a Conditional Use Permit for the Operation of a Domestic Pet Service at 676 N. Wolf Road, Des Plaines, Illinois NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-44-18: Warrant Register in the amount of $20,095,192.82 b. ORDINANCE M-4-18: An Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2018, of the City of Des Plaines, Illinois c. RESOLUTION R-45-18: A Resolution Authorizing the Non-Renewal of Membership in the High- Level Excess Liability Pool d. RESOLUTION R-46-18: A Resolution Authorizing Enrollment in the Municipal Insurance Cooperative Agency (MICA) Excess Liability Insurance Pool 2. a. RESOLUTION R-48-18: A Resolution Approving and Authorizing Execution of a Real Estate Purchase and Sale Agreement for the Des Plaines Theatre at 1470-1476 Miner Street 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. Finance Department 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: February 8, 2018 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager / Director of Finance Subject: Public Hearing Notice – 2018 Appropriation Ordinance Issue: The annual Appropriation Ordinance describes the sums of money deemed necessary to defray all necessary expenses and liabilities of the municipality, specifying the purpose and object. Analysis: Per 65 ILCS 5/8-2-9, a public notice of a public hearing regarding the Appropriation Ordinance is required and must be published at least 10 days prior to the adoption of the Appropriation Ordinance. In addition, the public notice must be published in a newspaper of general circulation within the municipality. The public notice was published in the Daily Herald newspaper on Friday, February 9, 2018, thus satisfying both requirements (a copy of the notice is attached). The public hearing on the 2018 Appropriation Ordinance is scheduled to be held at the beginning of the February 20, 2018 City Council meeting. Later that same evening, the 2018 Appropriation Ordinance will be reviewed and placed on first reading on the Consent Agenda portion of the meeting. Recommendation: I recommend a Public Hearing be conducted as advertised on February 20, 2018 at 7:00 p.m., at Des Plaines City Hall, Room 102, 1420 Miner Street, Des Plaines, Illinois 60016. Attachment: Copy of Public Notice MEMORANDUM Page 1 of 2 NOTICE OF PUBLIC HEARING FOR PROPOSED 2018 APPROPRIATIONS ORDINANCE FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS The City of Des Plaines will conduct a public hearing on its 2018 Appropriations Ordinance for its fiscal year beginning January 1, 2018. This hearing will be held at 7:00 PM on Tuesday, February 20, 2018 at Des Plaines City Hall – Room 102, 1420 Miner Street, Des Plaines, Illinois 60016. A copy of the 2018 Appropriations Ordinance is available for public inspection at the Des Plaines City Clerk’s Office, 1420 Miner Street, Des Plaines, Illinois 60016, during regular business hours. Questions may be directed to Dorothy Wisniewski, Assistant City Manager / Director of Finance at 847-391-5317. The City of Des Plaines, in compliance with the Americans with Disabilities Act, requests that persons with disabilities who require certain accommodations to allow them to observe and/or participate in the meeting(s), or have questions about the accessibility of the meeting(s) or facilities, contact the ADA coordinator at 847-391-5486 to allow the City to make reasonable accommodations for those persons. Page 2 of 2 Finance Department 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: February 8, 2018 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager / Director of Finance Subject: 2018 Appropriation Ordinance Issue: In accordance with the Illinois Compiled Statutes (ILCS), the City is required to pass an annual appropriation ordinance within the first quarter of its fiscal year. This appropriation ordinance specifies the sums of money deemed necessary to defray all expenses and liabilities for the calendar year 2018. Analysis: Requirements of the Appropriation Ordinance. The appropriation ordinance serves as a limit on what may be spent during the current fiscal year. The purpose of the appropriation ordinance is to appropriate such sums of money as the municipality deems necessary to defray all of its necessary expenses and liabilities. The ordinance is to be set up by objects and purposes for which each line item of the appropriation is made, and each appropriation must be for a specific dollar amount. The purpose for the required specificity in the appropriation ordinance is to inform the taxpayers of the purposes for which the municipal revenues are to be expended since no fund can legally be expended for any purpose other than that for which it was appropriated. The Supreme Court has indicated that this right of the taxpayer is a substantial right of which the taxpayer may not be deprived. However, the courts have also indicated that municipalities are not required to specify every conceivable item on which they may spend money as long as the purposes indicated are sufficiently specific to advise the taxpayer of the type of expenditure to be made so that the taxpayer can make further specific inquiries with regard thereto if desired. Once the appropriation ordinance has been adopted, the Illinois Municipal Code provides that no contract shall be made or expense incurred unless an appropriation previously has been made concerning that contract or expense. The Code further provides that any contract made or expense incurred in violation of this provision is absolutely void (not merely voidable) and that no money of the municipality can be spent on account thereof (65 ILCS 5/8-1-7). This provision has been adhered to strictly by the courts. There are exceptions to this previous appropriation rule, and these are briefly outlined below: 1. Special Petition/Referendum - Appropriations may be made by special petition or referendum (See 65 ILCS 5/8-2-9). 2. Before Passage – Authorizes expenditures to be made pending the passage of the Appropriation MEMORANDUM Page 1 of 40 Ordinance (See 65 ILCS 5/8-1-7). 3. Supplemental Appropriation - A municipality may adopt without further hearing a supplemental appropriation ordinance in an amount not to exceed the aggregate of any additional revenue that becomes available to the municipality or is estimated to be received by the municipality after the adoption of the appropriation ordinance. Also fund balances available when the annual appropriation ordinance was adopted but that were not appropriated at that time may also be included within a supplemental appropriation ordinance. However, the supplemental appropriation ordinance can apply only to the new revenues. 4. Transfer - By a two -thirds vote of all the corporate authorities, a municipality may make transfers of any amounts appropriated for one object or purpose to another object or purpose. No approval is necessary, however, for transferring appropriations for different line items within categories of objects and purposes. No such transfer may be made that would reduce the balance of the appropriation below an amount sufficient to cover “all obligations incurred or to be incurred against the appropriation” (See 65 ILCS 5/8-2-9). 5. Court Order - As a general exception, a municipality may separately appropriate to pay a judgment ordered by a court of competent jurisdiction. 6. Emergency - The Illinois Municipal Code provides one additional manner in which a municipality that has underestimated its needed appropriations may respond to community needs. In the event of an extreme emergency, the corporate authorities by a two-thirds vote may make additional appropriations for the purpose of making improvements or restoration as a result of any accident or casualty that took place after the annual appropriation ordinance was passed or to meet an unforeseen emergency after passage of the appropriation ordinance. “Emergency” is specifically defined as “a condition requiring immediate action to suppress or prevent the spread of disease, or to prevent or remove imminent danger to persons or property.” This Section has limited application and cannot be used to correct errors or mere oversight made in the appropriation ordinance and process (See 65 ILCS 5/8-1-6). 7. Bond Issue - Expenditures from a bond issue or special assessment can be made because the authorizing ordinances themselves are considered “appropriations.” Finally, in order to avoid the problem of accurately forecasting 100 percent, even in general, the various items on which funds may be expended for the entire fiscal year, the courts have approved the use of an appropriation for contingencies. Thus, the corporate authorities need not follow the cumbersome route of first transferring from the contingency fund to another line item before paying out for unforeseen expenses. However, there is a limitation in that the contingency appropriation cannot exceed ten percent (10%) of the total budget. While this rule applies specifically to Budget-Officer municipalities, it is recommended that non- budget officer municipalities (such as the City) not exceed this rule as well. The 2018 Appropriation Ordinance for the City of Des Plaines is $219 million, whereas the 2018 Budget for the City of Des Plaines is $167.6 million. The difference of $52.2 million is comprised of the following items: • $19.9 million related to Interdepartmental transfers of which is included in the budget document as a separate column and not included in the $167.6 million total above. • $5.3 million for a Contingency Reserve on the General Fund, Capital Projects Fund, Equipment Replacement Fund, Information Technology Replacement Fund and the Water/Sewer Fund. The $5.3 million was arrived at by taking 5% of each of the respective expenditure totals per Fund. As mentioned previously, 10% of the total Budget is allowed in terms of a contingency appropriation, (i.e., a maximum of $16.7 million for the City of Des Plaines), however, staff believes 5% of the above mentioned funds should be sufficient to cover any unforeseen flood or storm events, as well as be able to expend any unanticipated Grant revenues Page 2 of 40 received in the upcoming year. • $7.9 million for the Des Plaines Public Library, which the City is required to appropriate funds for and that have not been included within the 2018 Budget total. • $10.75 million for Police and Fire Pensions ($5.55 million for the Police Pension and $5.2 million for the Fire Pension). This item is included within the General Fund expenditures of the Appropriation Ordinance to be in line with the audit. In addition, per the Appropriation Ordinance guidelines, the Police and Fire Pension expenditures need to be listed separately as indicated on the attached Ordinance therefore creating a double counting effect. • $8.3 million of carry-over items included in the 2018 Appropriation partly comprised of $515K for fire department turnout gear and SCBA equipment, $560K for pumping station improvements and $7.2 million for capital projects. Recommendation: I recommend the City Council pass and adopt the 2018 Appropriation Ordinance. Attachment: Attachment 1: M- 3 -18: 2018 Appropriation Ordinance Page 3 of 40 1 CITY OF DES PLAINES ORDINANCE M - 3 - 18 AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED AS THE “ANNUAL APPROPRIATION ORDINANCE” FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS IN THE EXERCISE OF ITS HOME RULE POWER, AS FOLLOWS: SECTION 1: That the following sums or so much thereof as hereby may be authorized by law, be and the same are hereby appropriated to pay all necessary expenses and liabilities of the City of Des Plaines, Cook County, Illinois, for the fiscal year beginning January 1, 2018 and ending December 31, 2018. Such appropriations are hereby made for the following objects and purposes: Attachment 1 Page 4 of 40 2 Appropriations Fund 100 - General Fund Elected Office Department - Department 10 Legislative Division - Division 110 Salaries 110,483 FICA Contribution 9,744 IMRF Contribution 9,226 PPO Insurance Contribution 105,906 Dental Insurance Contribution 4,741 Vision Insurance Contribution 670 Life Insurance Contribution 332 Workers Compensation 215 RHS Plan Payout 3,438 Mayoral Expenses 2,400 Aldermanic Expenses 14,400 Membership Dues 41,850 Conferences 1,250 Travel Expenses 1,000 Property & Liability Insurance 4,660 Professional Services 75,000 Communication Services 7,500 Publication of Notices 100 Printing Services 2,500 R&M Equipment 100 R&M Vehicles 100 Office Supplies 3,000 Gasoline 250 Other Supplies 150 Publications 1,000 Equipment < $5,000 500 Postage & Parcel 100 Miscellaneous Expenses 4,500 Total Divisional Request 405,115 Elected Office Department - Department 10 City Clerk Division - Division 120 Salaries 149,590 FICA Contribution 11,444 IMRF Contribution 17,231 PPO Insurance Contribution 47,352 HMO Insurance Contribution 6,864 Dental Insurance Contribution 3,945 Vision Insurance Contribution 436 Life Insurance Contribution 184 Attachment 1 Page 5 of 40 3 Appropriations Workers Compensation 254 Membership Dues 1,560 Conferences 3,000 Training 1,535 Travel Expenses 250 Property & Liability Insurance 1,410 Professional Services 11,000 Communication Services 700 Publication of Notices 6,000 Records Preservation 5,000 Printing Services 7,710 R&M Software 5,220 Office Supplies 2,000 Other Supplies 750 Uniforms 400 Publications 500 Equipment < $5,000 500 Postage & Parcel 150 Miscellaneous Expenses 100 Furniture & Fixtures 1,000 Total Divisional Request 286,085 Total Departmental Request 691,200 City Administration Department - Department 20 City Manager Division - Division 210 Salaries 269,080 Temporary Wages 25,250 FICA Contribution 17,832 IMRF Contribution 32,290 PPO Insurance Contribution 26,036 HMO Insurance Contribution 13,997 Dental Insurance Contribution 1,995 Vision Insurance Contribution 225 Life Insurance Contribution 184 Workers Compensation 458 RHS Plan Payout 8,891 Membership Dues 4,400 Conferences 1,500 Training 1,000 Travel Expenses 250 Property & Liability Insurance 3,520 Professional Services 27,500 Communication Services 775 Attachment 1 Page 6 of 40 4 Appropriations Printing Services 150 Miscellaneous Contractual Services 1,000 Office Supplies 1,500 Other Supplies 500 Uniforms 500 Publications 1,250 Postage & Parcel 150 Miscellaneous Expenses 750 Furniture & Fixtures 1,000 Total Divisional Request 441,983 City Administration Department - Department 20 Legal Division - Division 220 Salaries 76,883 Temporary Wages 30,000 FICA Contribution 8,172 IMRF Contribution 9,226 PPO Insurance Contribution 21,316 Dental Insurance Contribution 1,315 Vision Insurance Contribution 134 Life Insurance Contribution 76 Workers Compensation 131 RHS Plan Payout 3,438 Training 250 Property & Liability Insurance 3,940 Legal Fees 360,000 Legal Fees - Admin Hearings/Prosecutions 58,500 Legal Fees - Labor & Employment 150,000 Recording Fees 8,400 Miscellaneous Contractual Services 1,000 Office Supplies 750 Postage & Parcel 250 Total Divisional Request 733,781 City Administration Department - Department 20 Information Technology Division - Division 230 Salaries 408,016 Temporary Wages 26,000 Overtime - Non Supervisory 16,000 FICA Contribution 33,335 IMRF Contribution 48,963 PPO Insurance Contribution 52,072 HMO Insurance Contribution 13,997 Attachment 1 Page 7 of 40 5 Appropriations Dental Insurance Contribution 3,776 Vision Insurance Contribution 359 Life Insurance Contribution 336 Workers Compensation 693 RHS Plan Payout 4,700 Membership Dues 115 Training 7,000 Travel Expenses 400 Property & Liability Insurance 7,110 Professional Services 64,700 Communication Services 6,072 Printing Services 30,000 Miscellaneous Contractual Services 2,232 R&M Software 257,747 R&M Equipment 97,382 Office Supplies 1,000 Printer Supplies 17,000 Supplies - Equipment R&M 1,500 Equipment < $5,000 13,650 Postage & Parcel 300 Furniture & Fixtures 20,000 Total Divisional Request 1,134,455 City Administration Department - Department 20 Media Services Division - Division 240 Salaries 206,141 Temporary Wages 95,000 Overtime - Non Supervisory 2,000 FICA Contribution 23,235 IMRF Contribution 24,737 PPO Insurance Contribution 26,036 HMO Insurance Contribution 6,864 Dental Insurance Contribution 1,682 Vision Insurance Contribution 180 Life Insurance Contribution 184 Workers Compensation 351 RHS Plan Payout 2,246 Membership Dues 5,188 Conferences 1,500 Training 1,500 Travel Expenses 180 Property & Liability Insurance 4,390 Professional Services 45,000 Attachment 1 Page 8 of 40 6 Appropriations Communication Services 1,500 Publication of Notices 200 Public Relations & Communications 10,000 Printing Services 30,700 Miscellaneous Contractual Services 48,415 R&M Equipment 500 Office Supplies 450 Other Supplies 2,000 Uniforms 500 Publications 1,500 Equipment < $5,000 5,000 Postage & Parcel 19,550 Miscellaneous Expenses 10,000 Computer Software 1,000 Furniture & Fixtures 1,000 Total Divisional Request 578,729 City Administration Department - Department 20 Human Resources Division - Division 250 Salaries 270,688 FICA Contribution 20,537 IMRF Contribution 33,387 PPO Insurance Contribution 27,341 Dental Insurance Contribution 1,408 Vision Insurance Contribution 226 Life Insurance Contribution 260 Workers Compensation 461 Membership Dues 2,000 Tuition Reimbursements 15,000 Conferences 1,500 Training 4,000 Travel Expenses 1,500 Pre-Employment Testing 14,000 Post-Employment Testing 1,500 Employee Assistance Program 7,500 Property & Liability Insurance 3,640 Unemployment Claims 10,000 Professional Services 25,000 Communication Services 800 Publication of Notices 5,500 Printing Services 250 Miscellaneous Contractual Services 1,500 Office Supplies 4,500 Attachment 1 Page 9 of 40 7 Appropriations Other Supplies 1,200 Uniforms 400 Publications 850 Equipment < $5,000 800 Postage & Parcel 50 Meals 25 Miscellaneous Expenses 1,950 Furniture & Fixtures 1,000 Total Divisional Request 458,773 City Administration Department - Department 20 Health & Human Services Division - Division 260 Salaries 103,393 Temporary Wages 5,000 FICA Contribution 8,335 IMRF Contribution 12,407 Workers Compensation 176 Membership Dues 975 Training 2,000 Travel Expenses 50 Property & Liability Insurance 2,700 Communication Services 554 Printing Services 3,345 Miscellaneous Contractual Services 1,000 Subsidy - Community Outreach 22,500 Subsidy - Youth Commission 15,000 Subsidy - Senior Center 127,500 Subsidy - Social Service Agency 150,000 Subsidy - Senior Citizen Cab Service 40,000 Office Supplies 1,000 Other Supplies 500 Uniforms 300 Publications 225 Equipment < $5,000 250 Postage & Parcel 25 Total Divisional Request 497,235 Total Departmental Request 3,844,956 Finance Department - Department 30 Salaries 794,709 Temporary Wages 30,000 Overtime - Non Supervisory 10,500 FICA Contribution 60,470 Attachment 1 Page 10 of 40 8 Appropriations IMRF Contribution 96,271 PPO Insurance Contribution 75,055 HMO Insurance Contribution 54,383 Dental Insurance Contribution 7,013 Vision Insurance Contribution 886 Life Insurance Contribution 895 Workers Compensation 1,353 RHS Plan Payout 2,937 Membership Dues 2,984 Conferences 3,000 Training 2,930 Travel Expenses 150 Property & Liability Insurance 7,030 Professional Services 71,375 Communication Services 2,750 Administrative Services 35,000 Printing Services 11,450 Office Supplies 5,000 Other Supplies 8,100 Uniforms 2,000 Publications 300 Equipment < $5,000 250 Postage & Parcel 23,500 Miscellaneous Expenses 250 Furniture & Fixtures 2,500 Total Departmental Request 1,313,041 Community Development Department - Department 40 Building & Code Enforcement Division - Division 410 Salaries 1,002,440 Temporary Wages 70,000 Overtime - Non Supervisory 7,500 Acting Out of Class & Night Premium 1,000 FICA Contribution 82,731 IMRF Contribution 121,521 PPO Insurance Contribution 177,642 HMO Insurance Contribution 20,260 Dental Insurance Contribution 10,409 Vision Insurance Contribution 1,124 Life Insurance Contribution 976 Workers Compensation 33,651 Uniform Allowance 600 RHS Plan Payout 14,713 Attachment 1 Page 11 of 40 9 Appropriations Membership Dues 1,310 Conferences 1,000 Training 8,660 Travel Expenses 100 Property & Liability Insurance 28,350 Professional Services 70,000 Legal Fees 40,000 Communication Services 9,500 Records Preservation 20,000 Printing Services 3,500 Miscellaneous Contractual Services 35,000 R&M Vehicles 250 Office Supplies 4,500 Other Supplies 800 Uniforms 2,000 Publications 2,000 Equipment < $5,000 2,000 Postage & Parcel 250 Miscellaneous Expenses 100 Furniture & Fixtures 1,000 Total Divisional Request 1,774,887 Community Development Department - Department 40 Planning & Zoning Division - Division 420 Salaries 302,230 Temporary Wages 18,000 Overtime - Non Supervisory 7,500 FICA Contribution 24,373 IMRF Contribution 36,268 PPO Insurance Contribution 27,212 HMO Insurance Contribution 13,997 Dental Insurance Contribution 2,279 Vision Insurance Contribution 278 Life Insurance Contribution 212 Workers Compensation 591 Membership Dues 2,700 Conferences 1,950 Training 2,000 Travel Expenses 100 Property & Liability Insurance 5,010 Professional Services 10,000 Communication Services 900 Publication of Notices 6,000 Attachment 1 Page 12 of 40 10 Appropriations Printing Services 800 Miscellaneous Contractual Services 4,000 Office Supplies 1,500 Uniforms 500 Publications 500 Equipment < $5,000 250 Postage & Parcel 300 Miscellaneous Expenses 100 Furniture & Fixtures 1,000 Total Divisional Request 470,550 Community Development Department - Department 40 Economic Development Division - Division 430 Salaries 94,651 FICA Contribution 7,240 IMRF Contribution 11,358 Dental Insurance Contribution 1,548 Vision Insurance Contribution 134 Life Insurance Contribution 108 Workers Compensation 161 Membership Dues 1,300 Conferences 2,495 Training 1,040 Travel Expenses 200 Property & Liability Insurance 1,640 Professional Services 245,000 Printing Services 32,000 Incentive - Business Assistance 100,000 Office Supplies 500 Other Supplies 10,000 Publications 870 Equipment < $5,000 500 Postage & Parcel 500 Miscellaneous Expenses 800 Total Divisional Request 512,045 Total Departmental Request 2,757,482 Public Works & Engineering Department - Department 50 Administration Division - Division 100 Salaries 242,168 Overtime - Non Supervisory 1,000 FICA Contribution 17,046 Attachment 1 Page 13 of 40 11 Appropriations IMRF Contribution 29,216 PPO Insurance Contribution 46,535 HMO Insurance Contribution 5,065 Dental Insurance Contribution 2,537 Vision Insurance Contribution 271 Life Insurance Contribution 222 Workers Compensation 594 Excess Sick Hour Payout 1,295 RHS Plan Payout 7,451 Membership Dues 2,630 Conferences 1,500 Training 500 Travel Expenses 100 Property & Liability Insurance 31,210 Communication Services 1,600 Administrative Services 6,000 Waste Hauling & Debris Removal 3,225,000 Printing Services 1,000 Miscellaneous Contractual Services 3,000 R&M Software 7,200 R&M Equipment 1,400 Office Supplies 1,000 Other Supplies 850 Uniforms 350 Publications 100 Postage & Parcel 11,000 Miscellaneous Expenses 200 Total Divisional Request 3,648,040 Public Works & Engineering Department - Department 50 Engineering Division - Division 510 Salaries 568,297 Overtime - Non Supervisory 25,000 FICA Contribution 43,865 IMRF Contribution 68,505 PPO Insurance Contribution 33,477 HMO Insurance Contribution 50,884 Dental Insurance Contribution 4,935 Vision Insurance Contribution 518 Life Insurance Contribution 434 Workers Compensation 3,039 Uniform Allowance 400 Excess Sick Hour Payout 2,589 Attachment 1 Page 14 of 40 12 Appropriations RHS Plan Payout 9,606 Membership Dues 1,200 Conferences 1,500 Training 1,200 Travel Expenses 200 Property & Liability Insurance 16,340 Professional Services 2,500 Communication Services 5,000 Printing Services 100 R&M Equipment 2,300 Office Supplies 2,500 Other Supplies 1,250 Uniforms 1,000 Publications 250 Postage & Parcel 150 Furniture & Fixtures 500 Total Divisional Request 847,539 Public Works & Engineering Department - Department 50 Geographic Information Systems Division - Division 520 Training 1,000 Miscellaneous Contractual Services 252,900 R&M Software 9,000 Office Supplies 500 Other Supplies 250 Total Divisional Request 263,650 Public Works & Engineering Department - Department 50 Street Maintenance Division - Division 530 Salaries 1,305,156 Temporary Wages 84,500 Overtime - Non Supervisory 180,000 Acting Out of Class & Night Premium 3,000 FICA Contribution 120,853 IMRF Contribution 156,623 PPO Insurance Contribution 131,790 HMO Insurance Contribution 125,759 Dental Insurance Contribution 14,796 Vision Insurance Contribution 1,376 Life Insurance Contribution 1,378 Workers Compensation 141,523 Uniform Allowance 8,400 RHS Plan Payout 6,903 Attachment 1 Page 15 of 40 13 Appropriations Membership Dues 1,513 Training 3,550 Travel Expenses 75 Property & Liability Insurance 100,840 Professional Services 250 Communication Services 5,600 Waste Hauling & Debris Removal 45,000 Utility Locate Services 4,700 Printing Services 500 Licensing/Titles 200 Rentals - Equipment 8,500 Tree Maintenance 400,000 Tree Plantings 240,000 Tow/Storage/Abandoned Fees 250 Miscellaneous Contractual Services 220,900 R&M Equipment 3,500 R&M Street Lights 30,000 Office Supplies 600 Supplies - Safety 3,500 Supplies - Tools & Hardware 3,000 Supplies - Equipment R&M 1,500 Supplies - Streetscape 14,000 Supplies - Street R&M 125,000 Street Light Supplies 5,000 Street Sign Supplies 20,000 Traffic Equipment & Material 8,200 Graffiti Removal Supplies 1,500 Other Supplies 2,500 Ice Control 11,000 Other Supplies 875 Uniforms 3,500 Publications 100 Equipment < $5,000 8,500 Postage & Parcel 50 Miscellaneous Expenses 300 Total Divisional Request 3,556,560 Public Works & Engineering Department - Department 50 Facilities & Grounds Maintenance Division - Division 535 Salaries 461,808 Temporary Wages 10,000 Overtime - Non Supervisory 20,000 Acting Out of Class & Night Premium 10,000 Attachment 1 Page 16 of 40 14 Appropriations FICA Contribution 38,718 IMRF Contribution 56,246 PPO Insurance Contribution 84,074 HMO Insurance Contribution 27,124 Dental Insurance Contribution 5,710 Vision Insurance Contribution 633 Life Insurance Contribution 564 Workers Compensation 50,115 Uniform Allowance 2,950 Membership Dues 155 Training 2,000 Travel Expenses 75 Property & Liability Insurance 35,550 Professional Services 10,000 Communication Services 2,700 Printing Services 250 Licensing/Titles 200 Rentals - Equipment 250 Custodial Services 95,940 Miscellaneous Contractual Services 709,283 R&M Equipment 1,500 City Hall 387,000 Public Works 149,000 Police 173,500 Fire Station #61 60,000 Fire Station #62 17,000 Fire Station #63 14,000 Library 7,500 EMA 2,000 Civic Center Parking Deck 10,000 Historical Society 37,500 Other 65,000 Office Supplies 600 Supplies - Safety 1,500 Supplies - Custodial 24,000 Supplies - Tools & Hardware 2,600 Supplies - Equipment R&M 500 Supplies - Building R&M 150,000 City Hall 31,000 Public Works 35,000 Police 2,200 Fire Station #61 2,200 Fire Station #62 2,200 Attachment 1 Page 17 of 40 15 Appropriations Fire Station #63 43,700 Library 700 EMA 500 Civic Center Parking Deck 500 Library Parking Deck 500 Metropolitan Square Parking 500 Historical Society 1,000 Other 1,000 Electricity 125,000 Other Supplies 1,125 Uniforms 575 Publications 100 Equipment < $5,000 8,000 Postage & Parcel 50 Miscellaneous Expenses 300 Improvements 40,000 Total Divisional Request 3,023,695 Public Works & Engineering Department - Department 50 Vehicle Maintenance Division - Division 540 Salaries 492,115 Overtime - Non Supervisory 17,500 Acting Out of Class & Night Premium 6,000 FICA Contribution 39,378 IMRF Contribution 59,055 PPO Insurance Contribution 70,077 HMO Insurance Contribution 50,650 Dental Insurance Contribution 7,583 Vision Insurance Contribution 694 Life Insurance Contribution 466 Workers Compensation 26,268 Uniform Allowance 320 RHS Plan Payout 4,978 Membership Dues 190 Training 9,250 Travel Expenses 100 Property & Liability Insurance 18,770 Communication Services 1,950 Waste Hauling & Debris Removal 2,000 Licensing/Titles 4,150 Rentals - Uniforms 6,500 Tow/Storage/Abandoned Fees 1,000 Miscellaneous Contractual Services 7,700 Attachment 1 Page 18 of 40 16 Appropriations R&M Software 2,995 R&M Equipment 15,000 R&M Vehicles 65,000 Office Supplies 200 Supplies - Safety 750 Supplies - Tools & Hardware 4,900 Supplies - Equipment R&M 20,000 Supplies - Vehicle R&M 250,000 Natural Gas 700 Gasoline 275,000 Diesel 120,000 Other Supplies 500 Uniforms 650 Equipment < $5,000 33,600 Total Divisional Request 1,615,989 Total Departmental Request 12,955,473 Police Department - Department 60 Administration Division - Division 100 Salaries 400,971 Overtime - Non Supervisory 1,000 FICA Contribution 20,679 IMRF Contribution 52,771 PPO Insurance Contribution 77,052 Dental Insurance Contribution 4,532 Vision Insurance Contribution 407 Life Insurance Contribution 368 Workers Compensation 9,407 Uniform Allowance 1,575 RHS Plan Payout 6,427 Membership Dues 1,425 Conferences 1,500 Training 1,000 Travel Expenses 100 Property & Liability Insurance 12,580 Communication Services 2,500 Office Supplies 800 Other Supplies 500 Postage & Parcel 150 Total Divisional Request 595,744 Police Department - Department 60 Uniformed Patrol Division - Division 610 Attachment 1 Page 19 of 40 17 Appropriations Salaries 7,270,188 Overtime - Supervisory 58,000 Overtime - Non Supervisory 325,000 Secondary Employment 25,000 Court Pay 115,000 Acting Out of Class & Night Premium 50,000 FICA Contribution 126,169 Police Pension Contribution 3,996,000 PPO Insurance Contribution 1,078,995 HMO Insurance Contribution 220,437 Dental Insurance Contribution 73,354 Vision Insurance Contribution 7,319 Life Insurance Contribution 5,932 Workers Compensation 196,297 Uniform Allowance 45,350 RHS Plan Payout 118,423 Membership Dues 255 Conferences 1,000 Training 39,700 Travel Expenses 500 Property & Liability Insurance 157,220 Communication Services 59,100 Printing Services 200 Miscellaneous Contractual Services 3,600 R&M Software 2,000 Office Supplies 3,000 Other Supplies 9,120 Uniforms 16,000 Equipment < $5,000 1,400 Postage & Parcel 200 Transfer to Emergency Telephone System Fund 1,515,480 Total Divisional Request 15,520,239 Police Department - Department 60 Criminal Investigation Division - Division 620 Salaries 2,128,539 Overtime - Supervisory 40,000 Overtime - Non Supervisory 167,000 Secondary Employment 3,300 Court Pay 40,000 Acting Out of Class & Night Premium 1,000 FICA Contribution 42,995 IMRF Contribution 10,721 Attachment 1 Page 20 of 40 18 Appropriations Police Pension Contribution 1,165,500 PPO Insurance Contribution 335,779 HMO Insurance Contribution 59,856 Dental Insurance Contribution 22,630 Vision Insurance Contribution 2,242 Life Insurance Contribution 1,616 Workers Compensation 55,208 Uniform Allowance 14,050 RHS Plan Payout 66,140 Membership Dues 4,245 Training 8,625 Travel Expenses 150 Property & Liability Insurance 65,170 Communication Services 16,500 Rentals - Other 1,000 Miscellaneous Contractual Services 14,075 R&M Equipment 250 Office Supplies 2,000 Other Supplies 500 Uniforms 200 Publications 80 Equipment < $5,000 500 Postage & Parcel 250 Total Divisional Request 4,270,121 Police Department - Department 60 Support Services Division - Division 630 Salaries 1,878,145 Temporary Wages 210,000 Overtime - Non Supervisory 70,000 Secondary Employment 40,000 Acting Out of Class & Night Premium 8,500 FICA Contribution 117,189 IMRF Contribution 129,937 Police Pension Contribution 388,500 PPO Insurance Contribution 271,170 HMO Insurance Contribution 115,297 Dental Insurance Contribution 23,493 Vision Insurance Contribution 2,157 Life Insurance Contribution 1,920 Workers Compensation 39,741 Uniform Allowance 11,225 RHS Plan Payout 48,660 Attachment 1 Page 21 of 40 19 Appropriations Membership Dues 9,450 Conferences 1,000 Training 27,090 Travel Expenses 150 Property & Liability Insurance 49,430 Professional Services 28,125 Communication Services 9,200 Printing Services 11,500 Animal Control 43,000 Tow/Storage/Abandoned Fees 2,500 Miscellaneous Contractual Services 34,350 R&M Software 13,665 R&M Equipment 15,370 R&M Vehicles 3,500 R&M Police Range 11,500 Office Supplies 11,000 Supplies - Community Relations 18,000 Supplies - Police Range 63,630 Street Sign Supplies 200 Other Supplies 45,550 Uniforms 4,900 Publications 3,180 Equipment < $5,000 6,000 Postage & Parcel 500 Meals 1,200 Miscellaneous Expenses 1,100 Computer Software 8,150 Total Divisional Request 3,779,174 Total Departmental Request 24,165,278 Emergency Management Agency Department - Department 65 Salaries 69,025 Temporary Wages 27,000 FICA Contribution 7,342 IMRF Contribution 8,283 Life Insurance Contribution 108 Workers Compensation 117 Membership Dues 300 Training 3,500 Travel Expenses 100 Property & Liability Insurance 27,110 Communication Services 11,800 Printing Services 3,000 Attachment 1 Page 22 of 40 20 Appropriations Miscellaneous Contractual Services 5,000 R&M Equipment 12,000 Office Supplies 1,687 Supplies - Equipment R&M 225 Other Supplies 7,018 Uniforms 10,300 Equipment < $5,000 7,500 Postage & Parcel 100 Miscellaneous Expenses 2,250 Total Departmental Request 203,765 Fire Department - Department 70 Administration Division - Division 100 Salaries 741,306 FICA Contribution 29,496 IMRF Contribution 37,207 Fire Pension Contribution 260,000 PPO Insurance Contribution 149,860 Dental Insurance Contribution 6,292 Vision Insurance Contribution 718 Life Insurance Contribution 628 Workers Compensation 56,535 RHS Plan Payout 22,089 Membership Dues 11,178 Conferences 3,000 Training 5,000 Travel Expenses 200 Property & Liability Insurance 16,740 Professional Services 700 Communication Services 3,300 Miscellaneous Contractual Services 720 R&M Vehicles 125 Office Supplies 1,300 Other Supplies 250 Uniforms 2,050 Publications 200 Equipment < $5,000 4,300 Postage & Parcel 50 Miscellaneous Expenses 800 Total Divisional Request 1,354,044 Fire Department - Department 70 Emergency Services Division - Division 710 Attachment 1 Page 23 of 40 21 Appropriations Salaries 9,172,479 Overtime - Supervisory 108,000 Overtime - Non Supervisory 415,000 Acting Out of Class & Night Premium 27,800 FICA Contribution 142,708 Fire Pension Contribution 4,784,000 PPO Insurance Contribution 1,671,574 HMO Insurance Contribution 201,988 Dental Insurance Contribution 99,658 Vision Insurance Contribution 10,040 Life Insurance Contribution 6,952 Workers Compensation 958,532 RHS Plan Payout 142,714 Membership Dues 18,155 Training 50,000 In-Service Training 22,248 Travel Expenses 175 Post-Employment Testing 29,072 Property & Liability Insurance 149,580 Professional Services 6,800 Communication Services 16,600 Printing Services 1,500 Licensing/Titles 828 Rentals - Uniforms 1,200 Miscellaneous Contractual Services 700 R&M Software 8,855 R&M Equipment 36,800 R&M Vehicles 100 Office Supplies 2,200 Supplies - Custodial 18,000 Supplies - Equipment R&M 13,000 Supplies - Vehicle R&M 600 Supplies - Building R&M 5,200 Other Supplies 36,650 Uniforms 56,850 Publications 100 Equipment < $5,000 137,643 Postage & Parcel 1,000 Miscellaneous Expenses 275 Furniture & Fixtures 2,000 Transfer to Emergency Telephone System Fund 642,204 Total Divisional Request 18,999,780 Attachment 1 Page 24 of 40 22 Appropriations Fire Department - Department 70 Fire Prevention Division - Division 720 Salaries 360,317 Overtime - Non Supervisory 18,300 Acting Out of Class & Night Premium 4,200 FICA Contribution 12,412 IMRF Contribution 2,377 Fire Pension Contribution 156,000 PPO Insurance Contribution 39,492 Dental Insurance Contribution 1,945 Vision Insurance Contribution 225 Life Insurance Contribution 177 Workers Compensation 31,204 Uniform Allowance 750 RHS Plan Payout 8,765 Membership Dues 750 Training 8,980 Property & Liability Insurance 12,940 Communication Services 1,950 Printing Services 800 Licensing/Titles 700 Rentals - Equipment 250 R&M Vehicles 50 Office Supplies 775 Other Supplies 6,150 Uniforms 1,570 Publications 2,780 Equipment < $5,000 1,000 Miscellaneous Expenses 750 Total Divisional Request 675,609 Total Departmental Request 21,029,433 Fire & Police Commission Department - Department 75 Membership Dues 400 Training 1,400 Travel Expenses 100 Pre-Employment Testing 38,040 Post-Employment Testing 23,000 Professional Services 4,000 Publication of Notices 2,000 Miscellaneous Contractual Services 2,500 Office Supplies 250 Publications 500 Attachment 1 Page 25 of 40 23 Appropriations Equipment < $5,000 600 Postage & Parcel 100 Miscellaneous Expenses 750 Total Departmental Request 73,640 Overhead Department - Department 90 Membership Dues 50 Communication Services 119,764 Administrative Services 40,000 AMB Fee Processing Services 95,000 Bank & CC Fees 45,100 Leases 4,200 Miscellaneous Contractual Services 6,000 R&M Equipment 1,000 Subsidy - Historical Museum 50,000 Subsidy - City Sponsored Events 50,000 Incentive - Warehouse Direct 60,000 Incentive - Mariano's 40,000 Office Supplies 2,500 Supplies - Equipment R&M 1,600 Equipment < $5,000 1,000 Postage & Parcel 48,000 Miscellaneous Expenses 25,000 Transfer to Equipment Replacement Fund 1,500,000 Transfer to IT Replacement Fund 250,000 Total Departmental Request 2,339,214 Total General Fund 69,373,482 5% Contingency 3,461,400 Total General Fund Request 72,834,882 Fund 201 - TIF #1 Downtown Fund Property & Liability Insurance 35,240 Professional Services 551,822 Legal Fees 30,000 Printing Services 500 Custodial Services 21,500 City Maintenance 150,000 Miscellaneous Contractual Services 144,050 R&M Buildings & Structures 725,000 R&M Street Lights 25,000 Subsidy - Winter Decoration 50,000 Subsidy - Economic Development 112,000 Attachment 1 Page 26 of 40 24 Appropriations Incentive - Business Assistance 250,000 Supplies - Building R&M 1,500 Supplies - Streetscape 33,500 Wholesale Water - Chicago 150 Natural Gas 1,500 Electricity 16,000 Other Supplies 30,000 Furniture & Fixtures 5,000 Improvements 5,319,044 Principal 1,163,553 Interest Charges 94,494 Bank/Trust/Agency Fees 790 Total TIF #1 Downtown Fund Request 8,760,643 Fund 203 - TIF #3 Wille Road Fund Property & Liability Insurance 80 Professional Services 400 Miscellaneous Contractual Services 10,000 Subsidy - Economic Development 6,000 Principal 1,835,000 Interest Charges 248,549 Bank/Trust/Agency Fees 1,628 Total TIF #3 Wille Road Fund Request 2,101,657 Fund 205 - TIF #5 Perry/Lee Fund Professional Services 400 Improvements 75,000 Principal 105,000 Interest Charges 10,112 Bank/Trust/Agency Fees 125 Total TIF #5 Perry/Lee Fund Request 190,637 Fund 206 - TIF #6 Mannheim/Higgins Fund Property & Liability Insurance 60 Professional Services 3,000 Legal Fees 5,000 Subsidy - Economic Development 3,000 Postage & Parcel 52 Principal 1,190,000 Interest Charges 102,148 Bank/Trust/Agency Fees 1,135 Total TIF #6 Mannheim/Higgins Fund Request 1,304,395 Attachment 1 Page 27 of 40 25 Appropriations Fund 207 - TIF #7 Mannheim/Higgins South Fund Property & Liability Insurance 390 Professional Services 84,398 Legal Fees 25,000 Subsidy - Economic Development 48,000 Improvements 1,083,214 Total TIF #7 Mannheim/Higgins South Fund Request 1,241,002 Fund 230 - Motor Fuel Tax Fund Professional Services 59,280 Sidewalk Improvements 622,823 R&M Traffic Signals 55,561 Electricity 232,000 Ice Control 350,000 Improvements 795,378 Total Motor Fuel Tax Fund Request 2,115,042 Fund 240 - CDBG Fund Salaries 44,123 FICA Contribution 3,376 IMRF Contribution 5,296 Dental Insurance Contribution 969 Vision Insurance Contribution 84 Life Insurance Contribution 47 Publication of Notices 1,260 Printing Services 360 Subsidy - Emergency Shelter for Homeless Youth 3,000 Subsidy - Shared Housing 8,000 Subsidy - Senior Housing and Supportive Services 10,000 Subsidy - Residential Rehab 172,463 Subsidy - Housing Counsel 14,200 Subsidy - Transitional Housing 6,000 Improvements 106,651 Total CDBG Fund Request 375,829 Fund 250 - Grant Projects Fund Salaries 31,845 Overtime - Non Supervisory 41,600 Miscellaneous Contractual Services 200 Meals 250 Professional Services 549,466 Legal Fees 93,380 Attachment 1 Page 28 of 40 26 Appropriations Licensing/Titles 32,545 Miscellaneous Contractual Services 150,903 Land 7,214,000 Improvements 18,510,034 Total Grant Projects Fund Request 26,624,224 Fund 270 - Gaming Tax Fund Cont Obligation - State Payments 10,000,000 Cont Obligation - Municipalities 5,400,000 Transfer to Capital Projects Fund 7,900,000 Transfer to Water/Sewer Fund 2,000,000 Transfer to Other Funds 500,000 Total Gaming Tax Fund Request 25,800,000 Fund 280 - Emergency Telephone System Fund Legal Fees 10,000 Communication Services 160,000 Dispatch Services 2,641,154 R&M Software 54,000 R&M Equipment 16,200 Equipment < $5,000 12,000 Computer Hardware 5,000 Total Emergency Telephone System Fund Request 2,898,354 Fund 300 - Debt Service Fund Principal - Interest Charges - Bank/Trust/Agency Fees - Total Debt Service Fund Request - Fund 400 - Capital Projects Fund Salaries 298,974 Temporary Wages 13,650 Overtime - Non Supervisory 10,000 FICA Contribution 23,586 IMRF Contribution 35,876 PPO Insurance Contribution 39,321 HMO Insurance Contribution 13,997 Dental Insurance Contribution 2,728 Vision Insurance Contribution 316 Life Insurance Contribution 260 Workers Compensation 1,698 Uniform Allowance 200 Attachment 1 Page 29 of 40 27 Appropriations RHS Plan Payout 7,826 Conferences 2,000 Training 2,000 Travel Expenses 100 Property & Liability Insurance 60,410 Professional Services 1,471,841 Legal Fees 1,000 Communication Services 2,600 Administrative Services 2,000 Records Preservation 15,000 Printing Services 400 Leases 1,500 Sidewalk Improvements 563,845 Street Pavement Markings 50,000 Miscellaneous Contractual Services 220,000 R&M Software 8,000 R&M Equipment 1,100 R&M Buildings & Structures 20,000 Street Sign Supplies 625 Supplies - Capital Maintenance 70,000 Postage & Parcel 3,000 Improvements 10,895,402 Transfer to General Fund 25,000 Transfer to Grant Projects Fund 1,138,621 Transfer to Water/Sewer Fund 4,250,000 Principal 935,000 Interest Charges 22,200 Bank/Trust/Agency Fees 628 5% Contingency 888,916 Total Capital Projects Fund Request 21,099,620 Fund 410 - Equipment Replacement Fund Principal 12,500 Equipment < $5,000 26,913 Equipment 664,011 Vehicles 1,157,100 5% Contingency 67,255 Total Equipment Replacement Fund Request 1,927,779 Fund 420 - IT Replacement Fund Leases 49,644 Computer Software 36,900 Computer Hardware 288,100 Attachment 1 Page 30 of 40 28 Appropriations 5% Contingency 18,732 Total IT Replacement Fund Request 393,376 Fund 430 - Facilities Replacement Fund Improvements - Total Facilities Replacement Fund Request - Fund 500 - Water/Sewer Fund Engineering Division - Division 510 Salaries 85,769 Overtime - Non Supervisory 7,000 FICA Contribution 7,090 IMRF Contribution 10,292 PPO Insurance Contribution 9,207 Dental Insurance Contribution 340 Vision Insurance Contribution 46 Life Insurance Contribution 76 Workers Compensation 460 Membership Dues 570 Training 2,000 Travel Expenses 100 Property & Liability Insurance 3,350 Professional Services 1,500 Communication Services 1,100 Printing Services 100 Office Supplies 250 Other Supplies 500 Publications 500 Postage & Parcel 50 Total Divisional Request 130,300 Fund 500 - Water/Sewer Fund Water Systems Division - Division 550 Salaries 1,749,129 Temporary Wages 36,750 Overtime - Non Supervisory 143,000 Acting Out of Class & Night Premium 35,000 FICA Contribution 149,926 IMRF Contribution 210,740 PPO Insurance Contribution 239,945 HMO Insurance Contribution 157,347 Dental Insurance Contribution 23,089 Vision Insurance Contribution 2,293 Attachment 1 Page 31 of 40 29 Appropriations Life Insurance Contribution 1,698 Workers Compensation 77,247 Uniform Allowance 9,580 Excess Sick Hour Payout 1,295 RHS Plan Payout 18,150 Membership Dues 800 Conferences 1,000 Training 3,725 Travel Expenses 50 Property & Liability Insurance 92,280 Communication Services 18,060 Administrative Services 86,000 Waste Hauling & Debris Removal 65,000 Utility Locate Services 4,700 Printing Services 2,200 Licensing/Titles 200 Rentals - Equipment 750 Leases 800 Water Sample Testing 16,000 Miscellaneous Contractual Services 143,500 R&M Software 6,000 R&M Equipment 13,900 R&M Vehicles 7,300 Public Works 15,000 R&M Water Distribution System 30,000 Office Supplies 500 Supplies - Safety 4,500 Supplies - Tools & Hardware 5,500 Supplies - Equipment R&M 6,500 Supplies - Vehicle R&M 20,000 Supplies - Building R&M 1,500 Supplies - Streetscape 4,000 Other Supplies 1,000 Water Meters 550,000 Other 165,000 Wholesale Water - Chicago 2,300,000 Wholesale Water - NWWC 3,750,000 Natural Gas 9,000 Gasoline 45,000 Diesel 12,000 Electricity 180,000 Water Treatment Chemicals 9,300 Other Supplies 250 Attachment 1 Page 32 of 40 30 Appropriations Uniforms 1,100 Equipment < $5,000 10,600 Postage & Parcel 1,300 Miscellaneous Expenses 200 Equipment 60,000 Total Divisional Request 10,499,704 Fund 500 - Water/Sewer Fund Sewer Systems Division - Division 560 Salaries 808,718 Temporary Wages 10,500 Overtime - Non Supervisory 52,000 Acting Out of Class & Night Premium 2,000 FICA Contribution 67,110 IMRF Contribution 97,048 PPO Insurance Contribution 109,152 HMO Insurance Contribution 91,170 Dental Insurance Contribution 11,644 Vision Insurance Contribution 1,190 Life Insurance Contribution 846 Workers Compensation 91,052 Uniform Allowance 4,080 RHS Plan Payout 9,093 Membership Dues 245 Conferences 1,000 Training 1,500 Travel Expenses 50 Property & Liability Insurance 37,200 Communication Services 9,000 Waste Hauling & Debris Removal 10,000 Utility Locate Services 4,700 Printing Services 1,000 Licensing/Titles 200 Rentals - Equipment 250 Miscellaneous Contractual Services 12,000 R&M Software 1,800 R&M Equipment 2,000 R&M Vehicles 4,000 R&M Sewer System 67,800 Subsidy - Sewer Lateral Program 60,000 Subsidy - Flood Assistance 100,000 Office Supplies 300 Supplies - Safety 2,000 Attachment 1 Page 33 of 40 31 Appropriations Supplies - Tools & Hardware 2,000 Supplies - Equipment R&M 6,000 Supplies - Vehicle R&M 14,000 Supplies - Streetscape 800 Supplies - Sewer System Maintenance 50,000 Gasoline 24,000 Diesel 10,000 Electricity 30,000 Other Supplies 300 Uniforms 2,100 Publications 100 Equipment < $5,000 6,500 Postage & Parcel 750 Miscellaneous Expenses 350 Total Divisional Request 1,817,548 Fund 500 - Water/Sewer Fund Equipment Replacement Division - Division 570 Equipment 9,000 Vehicles 145,000 Total Divisional Request 154,000 Fund 500 - Water/Sewer Fund CIP Water/Sewer - Division 580 Professional Services 195,000 Improvements 6,636,966 Total Divisional Request 6,831,966 Fund 500 - Water/Sewer Fund Finance Department - Department 30 Salaries 255,997 Temporary Wages 7,900 Overtime - Non Supervisory 2,700 FICA Contribution 20,390 IMRF Contribution 30,719 PPO Insurance Contribution 69,288 HMO Insurance Contribution 6,998 Dental Insurance Contribution 4,100 Vision Insurance Contribution 427 Life Insurance Contribution 221 Workers Compensation 436 Training 500 Property & Liability Insurance 2,710 Attachment 1 Page 34 of 40 32 Appropriations Professional Services 10,640 Communication Services 780 Administrative Services 14,500 Printing Services 1,500 Bank & CC Fees 31,100 Office Supplies 1,000 Equipment < $5,000 500 Postage & Parcel 35,600 Total Departmental Request 498,006 Total Water Fund 19,931,524 5% Contingency 958,593 Total Water Fund Request 20,890,117 Fund 510 - City Owned Parking Fund Property & Liability Insurance 990 Communication Services 7,200 Bank & CC Fees 5,100 R&M Equipment 1,500 R&M Parking Lots 31,000 Supplies - Tools & Hardware 100 Supplies - Equipment R&M 500 Supplies - Parking Lots 6,000 Electricity 130,000 Total City Owned Parking Fund Request 182,390 Fund 520 - Metra Leased Parking Fund Property & Liability Insurance 410 Communication Services 1,440 Bank & CC Fees 18,700 Miscellaneous Contractual Services 3,360 R&M Equipment 1,000 R&M Parking Lots 3,500 Supplies - Parking Lots 2,000 Electricity 12,000 Improvements 18,000 Transfer to General Fund 15,758 Transfer to Water/Sewer Fund 20,758 Total Metra Leased Parking Fund Request 96,926 Fund 600 - Risk Management Fund Salaries 20,162 Attachment 1 Page 35 of 40 33 Appropriations FICA Contribution 1,542 IMRF Contribution 2,419 Workers Compensation 34 Membership Dues 1,067 Travel Expenses 500 Pre-Employment Testing 1,500 Post-Employment Testing 12,000 MICA Premium 3,039,416 MICA Deductible 50,000 Excess Insurance 175,000 Workers' Comp Expense 25,000 Claims Administration Fee 2,500 Self Insured P&L Expense 75,000 Professional Services 2,500 Legal Fees 50,000 Miscellaneous Contractual Services 2,000 Miscellaneous Expenses 25,000 Total Risk Management Fund Request 3,485,640 Fund 610 - Health Benefits Fund PPO Insurance Premiums 5,607,176 PPO Insurance Premiums - Retiree 1,060,097 HMO Insurance Premiums 1,344,919 HMO Insurance Premiums - Retiree 170,803 Dental Insurance Premiums 392,500 Dental Insurance Premiums - Retiree 99,825 Vision Insurance Premiums 42,731 Life Insurance Premiums 155,660 Professional Services 20,000 Miscellaneous Contractual Services 30,000 Total Health Benefits Fund Request 8,923,711 Fund 900 - Library Fund Salaries 3,085,900 Unemployment Compensation 10,000 FICA Contribution 232,205 IMRF Contribution 307,709 Life Insurance Contribution 1,840 PPO Insurance Contribution 247,483 HMO Insurance Contribution 213,375 Dental Insurance Contribution 18,843 Workers Compensation 13,000 Legal Fees 4,000 Attachment 1 Page 36 of 40 34 Appropriations Professional Services 428,864 Communication Services 23,200 Integrated Library System 95,500 Conferences 5,000 Membership Dues 7,000 Publication of Notices 200 Departmental P&L Insurance 35,000 R&M Equipment 99,200 R&M Buildings/Structures-Library 143,500 R&M Vehicles 1,000 Equipment Rental 20,125 Custodial Services 58,044 Refuse Contract 5,600 Pre-Employment Testing 3,000 Bank/CC Fees 500 Mileage 700 Special Event Programming 62,270 Misc. Contractual Services 107,095 Office Supplies 64,500 Meals 2,000 Supplies: Departments 7,000 Janitorial 23,500 Postage & Parcel 8,000 Water Bill 9,000 Ebooks/Books 377,500 Eaudio/Audio 80,500 Esubscriptions/Subscriptions 78,230 Visual Materials 154,500 Databases 190,000 Natural Gas 20,000 Gasoline 650 Computer Hardware 6,000 Computer Software 46,590 Furniture & Fixtures 8,600 Per Capita Grant Expenditure 45,000 Grant Expenditures 2,000 Transfer to Capital Project Fund 1,300,000 Contingency Reserve 60,000 Total Library Fund Budget 7,713,723 Fund 905 - Library Capital Projects Fund Improvements 40,000 Equipment 19,975 Attachment 1 Page 37 of 40 35 Appropriations Computer Hardware 44,700 Computer Software 9,000 Furniture & Fixtures 30,000 Total Library Capital Projects Fund Budget 143,675 Attachment 1 Page 38 of 40 36 Appropriations RECAPITULATION OF APPROPRIATIONS BY FUND GENERAL FUND 72,834,882 TIF FUND #1/DOWNTOWN 8,760,643 TIF FUND #3/W. WILLE RD 2,101,657 TIF FUND #5/LEE/PERRY 190,637 TIF FUND #6/MANNHEIM/HIGGINS 1,304,395 TIF FUND #7/MANNHEIM/HIGGINS SOUTH 1,241,002 MOTOR FUEL TAX FUND 2,115,042 CDBG 375,829 GRANT FUNDED PROJECTS FUND 26,624,224 GAMING TAX FUND 25,800,000 EMERGENCY TELEPHONE SYSTEM FUND 2,898,354 DEBT SERVICE FUND - CAPITAL PROJECTS FUND 21,099,620 EQUIPMENT REPLACEMENT FUND 1,927,779 IT REPLACEMENT FUND 393,376 FACILITIES REPLACEMENT FUND - WATER/SEWER FUND 20,890,117 CITY-OWNED PARKING LOTS 182,390 METRA-LEASED PARKING LOTS 96,926 RISK MANAGEMENT 3,485,640 HEALTH BENEFITS 8,923,711 POLICE PENSION FUND 5,550,000 FIRE PENSION FUND 5,200,000 LIBRARY FUND 7,713,723 LIBRARY CAPITAL PROJECTS 143,675 TOTAL APPROPRIATION 219,853,622 Attachment 1 Page 39 of 40 37 SECTION 2: It is hereby provided that any funds remaining on hand shall be construed with and classified with the miscellaneous revenue anticipated during the coming year and covered by the appropriation from such miscellaneous revenue. SECTION 3: That this Appropriation Ordinance is adopted pursuant to procedures set forth in the Illinois Municipal Code. SECTION 4: That the City Clerk be and hereby is authorized and directed to publish this Ordinance in pamphlet form, and this Ordinance shall be in full force and effect upon its adoption, approval, and publication as provided by law. SECTION 5: That if any section, subdivision, or sentence of this Ordinance shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion and provisions of this Ordinance. PASSED this day of , 2018 APPROVED this day of , 2018 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ___ day of _____________, 2018. CITY CLERK Peter M. Friedman, General Counsel DP-Appropriation Ordinance - 2018 Attachment 1 Page 40 of 40 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: February 8, 2018 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Director of Community and Economic Development Subject: Buckingham Place, 750-800 Northwest Highway – ComEd Bond Release Issue: Christopher Coleman, Vice President of Development with Wingspan Development Group, LLC, representing Four Peaks, LLC, has submitted a formal request for a ComEd Performance Bond Release to be released as part of the Buckingham Place Development. Analysis: Four Peaks, LLC had agreed to construct certain public improvements, including removing multiple utility poles along Northwest Highway, installing one new utility pole, eliminating the overhead wires, and relocating all of the related electrical service underground. They also agreed to post a performance bond in the amount of $1 million to secure the completion of that work. ComEd has reported that the work has been completed to their satisfaction. The City’s Public Works and Engineering Department has reviewed the request, inspected the development, and concurs that the bond may be released. Recommendation: Staff recommends approval of R-34-18, authorizing the City Council to release the ComEd Bond. Attachments: Attachment 1: ComEd Approval Letter Attachment 2: Resolution R-34-18 MEMORANDUM Page 1 of 6 Attachment 1 Page 2 of 6 1 CITY OF DES PLAINES RESOLUTION R - 34 - 18 A RESOLUTION APPROVING THE RELEASE OF THE PERFORMANCE SECURITY FOR THE COMED IMPROVEMENTS FOR THE BUCKINGHAM PLACE DEVELOPMENT LOCATED AT 750-800 EAST NORTHWEST HIGHWAY._____________________________ WHEREAS, on September 19, 2016, the City Council adopted Ordinance No. Z-23-16 approving the final plat for the Buckingham Place Planned Unit Development ("PUD"), which PUD consists of the property commonly known as 750-800 East Northwest Highway, in the City (“Subject Property”); and WHEREAS, in connection with the approval of the final plat for the PUD, Christopher Coleman of Four Peaks, LLC ("Developer"), agreed to construct certain public improvements, including, without limitation, removing multiple utility poles along Northwest Highway, installing one new utility pole, eliminating the overhead wires, and relocating all of the related electrical service underground (collectively, the "ComEd Improvements"), and posted a performance bond in the amount of $1 million to secure the completion of the ComEd Improvements ("Performance Security"); and WHEREAS, Developer has: (i) certified that it has completed the construction of all of the ComEd Improvements; and (ii) requested that the City release the Performance Security for the ComEd Improvements; and WHEREAS, the Department of Public Works and Engineering has inspected the Public Improvements at the Subject Property and recommends the release of the Performance Security for the ComEd Improvements; and WHEREAS, the City Council has determined that it is in the best interest of the City to release the Performance Security for the ComEd Improvements in accordance with the provisions of this Resolution; 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: LEGAL DESCRIPTION. The Subject Property is legally described as follows: Attachment 2 Page 3 of 6 2 PARCEL 1: THAT PART OF LOT “A” IN BENJAMIN CONSOLIDATION OF THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF SEEGER’S ROAD AND NORTH OF THE NORTHERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY, ALSO ALL THAT PART OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF THE DES PLAINES VALLEY RAILWAY RIGHT OF WAY AND WESTERLY OF THE WESTERLY LINE OF THE ST. PAUL, MINNEAPOLIS AND SAULTE ST MARIE RAILROAD RIGHT OF WAY AND SOUTH OF THE CENTER OF ELK GROVE ROAD, RECORDED IN THE OFFICE OF THE RECORDER OF COOK COUNTY, ILLINOIS, ON APRIL 7, 1922 IN BOOK 169 OF PLATS PAGE 16, AS DOCUMENT 7455426 BOUNDED BY A LINE DESCRIBED AS FOLLOWS; TO WIT: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17 WITH THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY, BEING A LINE 66 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE CHICAGO AND NORTHWESTERN RIGHT OF WAY; THENCE SOUTH 58 DEGREES 58 MINUTES 20 SECONDS EAST ALONG THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY 587.70 FEET; THENCE NORTH 31 DEGREES EAST DISTANCE OF 25 FEET; THENCE NORTH 31 DEGREES 03 MINUTES 40 SECONDS EAST A DISTANCE OF 150 FEET; THENCE SOUTH 58 DEGREES 58 MINUTES 20 SECONDS EAST A DISTANCE OF 25 FEET; THENCE NORTH 31 DEGREES 03 MINUTES 40 SECONDS EAST A DISTANCE OF 1015.48 FEET TO THE CENTER OF WELLER CREEK; THENCE NORTH 48 DEGREES 17 MINUTES 20 SECONDS WEST ALONG THE CENTER OF WELLER CREEK A DISTANCE OF 51.52 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 40 SECONDS WEST ALONG THE CENTER OF WELLER CREEK, A DISTANCE OF 666.38 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 40 SECONDS WEST, A DISTANCE OF 817.07 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT “A IN BENJAMIN CONSOLIDATION OF PART OF THE NORTHWEST 1/4 OF SECTION 17 AND PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 7, 1922 AS DOCUMENT 745526, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17 WITH THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY, BEING A LINE 66.0 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF THE CHICAGO AND Attachment 2 Page 4 of 6 3 NORTHWESTERN RAILWAY RIGHT OF WAY; THENCE ALONG THE NORTHEASTERLY LINE OF THE NORTHWEST HIGHWAY, BEING A LINE SOUTH 58 DEGREES 57 MINUTES 00 SECONDS EAST, A DISTANCE 59.83 FEET FOR A POINT OF BEGINNING, SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT PART OF SAID LOT “A” CONVEYED BY THOMAS INDUSTRIES, INC., TO LITTLEFUSE, INC, BY DEED RECORDED AS DOCUMENT 18478096; THENCE NORTH 31 DEGREES 03 MINUTES 00 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF SAID PROPERTY, A DISTANCE OF 816.97 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 165.65 FEET; THENCE SOUTH 82 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 364.94 FEET; THENCE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 457.54 FEET; THENCE SOUTH 31 DEGREES 03 MINUTES 00 SECONDS WEST, A DISTANCE OF 151.63 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF LOT “A” BEING ALSO THE NORTHEASTERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY; THENCE ALONG THE SOUTHWESTERLY LINE OF LOT “A” BEING A LINE SOUTH 58 DEGREES 57 MINUTES 00 SECONDS EAST, A DISTANCE OF 619.31 FEET TO AN INTERSECTION WITH A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF SAID LOT “A” AND PASSING THROUGH THE POINT OF BEGINNING, THENCE NORTH 31 DEGREES 03 MINUTES 00 SECONDS EAST, ALONG THE LAST DESCRIBED LINE, A DISTANCE OF 66.0 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PINS: 09-18-215-004-0000, 09-17-100-038-0000, 09-17-100-039-0000. Commonly known as 800 E. Northwest Highway, Des Plaines, Illinois. SECTION 3: RELEASE OF PERFORMANCE SECURITY. In accordance with Section 13-2-8 of the City Code, the City Council hereby authorizes the release of the $1 million Performance Security for the ComEd Improvements. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Attachment 2 Page 5 of 6 4 PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving ComEd Bond Release 750-800 E. Northwest Hwy. Attachment 2 Page 6 of 6 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: January 22, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Timothy Watkins, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: TIF 1 Landscape Maintenance — Renewal Term Issue: The 2018 budget includes funding for contractual landscape maintenance services which includes mowing, hardscape weeding, and irrigation repairs within the Tax Increment Finance District #1. Analysis: The City approved a one year contract with Beary Landscaping, Inc. for 2017 landscape maintenance services on February 21, 2017. The contract includes two additional one-year renewal terms upon successful completion. The contract specifications include: •Landscape Maintenance includes mowing and hardscape weeding. •Perennials and Annuals include installation and maintenance of planting beds and raised planter pot annual rotations. •Irrigation Systems include start-up and winterization for all irrigation systems. This will be the first renewal term. The expenditure must be approved by the City Council annually based on appropriated and budgeted funds for the current fiscal year. The 2018 contractual price of $107,149 represents no increase from the prior years’ service. Recommendation: We recommend approval of the first renewal term of the TIF 1 Landscape Maintenance Services contract with Beary Landscaping, Inc., 1308 Rand Road, Des Plaines, IL, 60016 in the annual amount of $107,149. Source of funding will be from the TIF #1 Downtown City Maintenance account (201-00-000-0000.6150). Attachments: Resolution R-38-18 Exhibit A – Beary Landscaping, Inc. Contract MEMORANDUM Page 1 of 31 1 CITY OF DES PLAINES RESOLUTION R - 38 - 18 A RESOLUTION APPROVING THE RENEWAL OF A CONTRACT WITH BEARY LANDSCAPING, INC. FOR TIF DISTRICT #1 LANDSCAPE MAINTENANCE. ______ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on February 21, 2017, the City Council approved Resolution No. R -36- 17, approving a contract (“Agreement”) between the City and Beary Landscaping, Inc. (“Contractor”) for the performance of landscape maintenance and irrigation systems maintenance in the City’s TIF #1 District (“Work”); and WHEREAS, the Agreement expires on March 31, 2018; and WHEREAS, the Agreement provides that the City may renew the Agreement for up to two additional one-year terms; and WHEREAS, the City has been satisfied with the performance of Contractor and the Work provided by Contractor and has determined that the City will not benefit from switching landscape maintenance contractors at this time; and WHEREAS, the City has appropriated funds in the TIF #1 Downtown City Maintenance Account for the procurement of the Work; and WHEREAS, the City desires to enter into a new first renewal of the Agreement for an additional one-year term commencing April 1, 2018 and ending March 31, 2019 in the not-to- exceed amount of $107,149.00 ("First Renewal"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the First Renewal with Contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF FIRST RENEWAL. The City Council hereby approves the First Renewal in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the General Counsel. Page 2 of 31 2 SECTION 3: EXECUTION OF CONTRACT. The City Manager and the City Clerk are authorized and directed to execute and seal, on behalf of the City, the Contract upon receipt by the City Clerk of at least one original copy of the First Renewal executed by Contractor; provided, however, that if the executed copy of the First Renewal is not received by the City Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the City Council, be null and void. SECTION 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 ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Renewal of Contract with Beary Landscaping, Inc. for TIF 1 Landscape Maintenance 2018-2019. Page 3 of 31 FIRST RENEWAL OF THE CONTRACT FOR LANDSCAPE MAINTENANCE FOR TIF 1 DISTRICT BETWEEN THE CITY OF DES PLAINES AND BEARY LANDSCAPE MANAGEMENT, INC. THIS FIRST RENEWAL is made and entered into as of the ___ day of _________, 2018, by and between the City of Des Plaines, an Illinois home rule municipal corporation (“Owner”), and Beary Landscape Management, Inc. ("Contractor"). In consideration of the recitals and mutual covenants and agreements set forth in this First Renewal, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows: Section 1. Recitals. A. The Owner and the Contractor entered into that certain "Contract for Landscape Maintenance for TIF 1 District" dated as of February 22, 2017 ("Contract"), under which Contract the Owner agreed to procure from the Contractor certain work, including the performance of landscape maintenance and irrigation systems maintenance in the City’s TIF 1 District, all as more fully described in the Contract and the attachments thereto (collectively, "Work"), and the Contractor agreed to complete the Work for the Owner. B. Section 3 of the Contract provides that prior to the termination of the then- current term, the Owner and the Contractor may renew the Contract for an additional one- year term by executing a written agreement; provided, however, that the Owner and the Contractor may not renew the Contract for more than two one-year terms after the expiration of the Initial Term described in Section 3 of the Contract. C. The Initial Term will expire on March 31, 2018, and the Owner and the Contractor desire to renew the Contract for a one-year renewal term that will terminate on March 31, 2019 ("First Renewal Term") in accordance with the provisions, terms, and conditions of this First Renewal. Section 2. Definitions. All capitalized words and phrases used throughout this First Renewal have the meanings set forth in the various provisions of this First Renewal. If a word or phrase is not specifically defined in this First Renewal, it has the same meaning as in the Contract. Section 3. First Renewal of the Contract. Pursuant to Section 3.A of the Contract, the Owner and the Contractor hereby renew the Contract for the First Renewal Term. During the First Renewal Term, the City will pay the Contractor for the Work in accordance with the schedule of prices attached to, and by this reference made a part of, this First Amendment as Exhibit A. Section 4. Effect. All terms, conditions and provisions of the Contract that are not specifically amended, modified, or supplemented by this First Renewal shall remain unchanged and in full force and effect as if fully set forth herein. In the event of a conflict between the text of the Contract and the text of this First Renewal, the text of this First Renewal shall control. IN WITNESS WHEREOF, the parties have caused this First Renewal to be executed by their duly authorized representatives. Exhibit A Page 4 of 31 2 ATTEST: CITY OF DES PLAINES By: _________________________ By:____________________________ Jennifer L. Tsalapatanis, City Clerk Michael Bartholomew, City Manager Date: ________________________ Date: __________________________ WITNESS: BEARY LANDSCAPE MANAGEMENT, INC. By: _________________________ _______________________________ By: By: Date: _______________________ Date: __________________________ #55331333_v1 Exhibit A Page 5 of 31 3 EXHIBIT A SCHEDULE OF PRICES Exhibit A Page 6 of 31 EXHIBIT A Exhibit A Page 7 of 31 EXHIBIT A Exhibit A Page 8 of 31 EXHIBIT A Exhibit A Page 9 of 31 EXHIBIT A Exhibit A Page 10 of 31 EXHIBIT A Exhibit A Page 11 of 31 EXHIBIT A Exhibit A Page 12 of 31 EXHIBIT A Exhibit A Page 13 of 31 EXHIBIT A Exhibit A Page 14 of 31 EXHIBIT A Exhibit A Page 15 of 31 EXHIBIT A Exhibit A Page 16 of 31 EXHIBIT A Exhibit A Page 17 of 31 EXHIBIT A Exhibit A Page 18 of 31 EXHIBIT A Exhibit A Page 19 of 31 EXHIBIT A Exhibit A Page 20 of 31 EXHIBIT A Exhibit A Page 21 of 31 EXHIBIT A Exhibit A Page 22 of 31 EXHIBIT A Exhibit A Page 23 of 31 EXHIBIT A Exhibit A Page 24 of 31 EXHIBIT A Exhibit A Page 25 of 31 EXHIBIT A Exhibit A Page 26 of 31 EXHIBIT A Exhibit A Page 27 of 31 EXHIBIT A Exhibit A Page 28 of 31 EXHIBIT A Exhibit A Page 29 of 31 EXHIBIT A Exhibit A Page 30 of 31 EXHIBIT A Exhibit A Page 31 of 31 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: January 11, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Timothy Watkins, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Parkway Restoration and Planting with Installation Services — Renewal Term Issue: The 2018 budget includes funding for contractual parkway restoration and planting with installation services at various locations throughout the City. Analysis: The City Council approved a one year contract with TNT Landscape Construction, Inc. on March 6, 2017. The contract includes up to two additional one-year renewal terms. The Public Works and Engineering Department utilizes outside contractors to provide restoration to various locations due to the excavation of water main breaks and sewer repairs as well as providing planting installation services. This work is required throughout the year on an as needed basis. This would be the first renewal term which would commence on April 1, 2018, weather dependent. Public Works and Engineering staff has contacted TNT Landscape Construction, Inc. who performed well last year and will be maintaining the contractual pricing submitted in 2017. Recommendation: We recommend approval of the first renewal term of the Parkway Restoration and Planting with Installation Services Contract with TNT Landscape Construction, Inc., 847 S. Randall Road, Suite 334, Elgin, Illinois, 60123 in the amount of $64,248.25. Source of funding will be the Water Fund, R&M Water Distribution (500-00-550-6335), TIF #1 Downtown City Maintenance (201-00-000-0000.6150), and General Fund, Miscellaneous Contractual Services (100-50-535-6195) accounts. Attachments: Resolution R-39-18 Exhibit A – TNT Landscape Construction, Inc. Contract MEMORANDUM Page 1 of 18 CITY OF DES PLAINES RESOLUTION R - 39 - 18 A RESOLUTION APPROVING THE RENEWAL OF A CONTRACT WITH TNT LANDSCAPE CONSTRUCTION, INC. FOR PARKWAY RESTORATION AND PLANTING INSTALLATION SERVICES. ____________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on March 6, 2017, the City Council adopted Resolution R-42-17, approving a one-year contract ("Contract") with TNT Landscape Construction, Inc. ("Contractor") for parkway restoration and planting installation services during the 2017 fiscal year ("Work"); and WHEREAS, the Contact expires on March 31, 2018 ("Termination Date"); and WHEREAS, the Contract provides that the City and Contractor may mutually agree to renew the Contract for two additional one-year terms; and WHEREAS, the City and Contractor desire to enter into the first renewal of the Contract for an additional one-year term beginning April 1, 2018 and ending March 31, 2019 in the not-to- exceed amount of $64,248.25 ("First Renewal"); and WHEREAS, the City has appropriated sufficient funds in the TIF #1 Downtown City Maintenance Account, General Fund, Water Fund, and R&M Water Distribution Fund for the procurement of the Work; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Second Renewal with Contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF FIRST RENEWAL. The City Council hereby approves the First Renewal in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the General Counsel. SECTION 3: AUTHORIZATION OF FIRST RENEWAL. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final First Renewal only after receipt by the City Clerk of at least two executed copies of Page 2 of 18 2 #55318896_v1 the First Renewal from Contractor; provided, however, that if the City Clerk does not receive such executed copies of the First Renewal from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the First Renewal shall, at the option of the City Council, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Renewal of Contract with TNT Landscape Construction Inc. (2018-2019)_55318896_1 Page 3 of 18 FIRST RENEWAL OF THE CONTRACT FOR PARKW AY RESTORATION AND PLANTING WITH INSTALLATION SERVICES BETWEEN THE CITY OF DES PLAINES AND TNT LANDSCAPE CONSTRUCTION, INC. THIS FIRST RENEWAL is made and entered into as of the ______ day of ____________, 2018, by and between the City of Des Plaines, an Illinois home rule municipal corporation (“Owner”), and TNT Landscape Construction, Inc. ("Contractor"). In consideration of the recitals and mutual covenants and agreements set forth in this First Renewal, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows: Section 1. Recitals. A. The Owner and the Contractor entered into that certain "Parkway Restoration and Planting with Installation Services" dated as of March 8, 2017 ("Contract"), under which Contract the Owner agreed to procure from the Contractor certain work, including parkway restoration and planting with installation services, all as more fully described in the Contract and the attachments thereto (collectively, "Work"), and the Contractor agreed to complete the Work for the Owner. B. Section 3 of the Contract provides that prior to the termination of the then- current term, the Owner and the Contractor may renew the Contract for an additional one- year term by executing a written agreement; provided, however, that the Owner and the Contractor may not renew the Contract for more than two one-year terms after the expiration of the Initial Term described in Section 3 of the Contract. C. The Initial Term will expire on March 31, 2018, and the Owner and the Contractor desire to renew the Contract for a one-year renewal term that will terminate on March 31, 2019 ("First Renewal Term") in accordance with the provisions, terms, and conditions of this First Renewal. Section 2. Definitions. All capitalized words and phrases used throughout this First Renewal have the meanings set forth in the various provisions of this First Renewal. If a word or phrase is not specifically defined in this First Renewal, it has the same meaning as in the Contract. Section 3. First Renewal of the Contract. Pursuant to Section 3 of the Contract, the Owner and the Contractor hereby renew the Contract for the First Renewal Term. During the First Renewal Term, the City will pay the Contractor for the Work in accordance with the Schedule of Prices attached to the Contract. Section 4. Effect. All terms, conditions and provisions of the Contract that are not specifically amended, modified, or supplemented by this First Renewal shall remain unchanged and in full force and effect as if fully set forth herein. In the event of a conflict between the text of the Contract and the text of this First Renewal, the text of this First Renewal shall control. IN WITNESS WHEREOF, the parties have caused this First Renewal to be executed by their duly authorized representatives. Exhibit A Page 4 of 18 2 ATTEST: CITY OF DES PLAINES By: _________________________ By:____________________________ Jennifer L. Tsalapatanis, City Clerk Michael Bartholomew, City Manager Date: ________________________ Date: __________________________ WITNESS: TNT LANDSCAPE CONSTRUCTION, INC. By: _________________________ _______________________________ By: By: Date: _______________________ Date: __________________________ Exhibit A Page 5 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 6 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 7 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 8 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 9 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 10 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 11 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 12 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 13 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 14 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 15 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 16 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 17 of 18 EXHIBIT A - SCHEDULE OF PRICES Exhibit A Page 18 of 18 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: January 10, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Timothy Watkins, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Expenditure Approval – Streetlight Maintenance, Repair, and Location of Underground Wiring Issue: The current Streetlight Maintenance, Repair, and Location of Underground Wiring contract requires an expenditure approval and updated resolution for fiscal year 2018/19 due to an increase in yearly appropriations within the approved budget. Analysis: The City Council approved the current three-year contract with H&H Electric for City owned streetlight repair, maintenance, and location of underground wiring at its March 21, 2016 meeting. The current contract expires on April 19, 2019. A resolution is required in order to expend funds for 2018/19. Recommendation: We recommend the FY 2018/19 expenditure approval for the Streetlight Maintenance, Repair, and Location of Underground Wiring contract to H&H Electric, 2830 Commerce Street, Franklin Park, IL 60131. Source of funding this contract would be budgeted Street/Grounds Maintenance Division, Repairs and Maintenance account (100-50-530-0000.6325) in the amount of $30,000 and TIF #1 account (201-00-000-0000.6325) in the amount of $25,000 for a total of $55,000. Attachments: Resolution R-40-18 Exhibit A – H&H Electric Contract MEMORANDUM Page 1 of 13 1 CITY OF DES PLAINES RESOLUTION R - 40 - 18 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A CONTRACT WITH H&H ELECTRIC CO., FOR STREETLIGHT MAINTENANCE AND REPAIR. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on March 21, 2016, the City Council adopted R-56-16, approving and authorizing the execution of a contract (“Contract”) with H&H Electric (“Contractor”) for the repair, maintenance, and location of underground wiring for all City owned streetlights (“Services”), which the Contract expires April 19, 2019; and WHEREAS, the City has appropriated sufficient funds for use by the Department of Public Works and Engineering during the 2018 fiscal year for the procurement of the Services; and WHEREAS, the City desires to make expenditures in the not-to-exceed amount of $55,000.00 during the 2018 fiscal year for the purchase of Services from Contractor under the Contract; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the expenditure of the not-to-exceed amount of $55,000.00 during the 2018 fiscal year for the Services from Contractor under the Contract; 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: AUTHORIZATION OF EXPENDITURE. The City Council hereby authorizes the expenditure of the not-to-exceed amount of $55,000.00 during the 2018 fiscal year for Services from Contractor under the Contract. SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE TO FOLLOW] Page 2 of 13 2 PASSED this ___ day of _________________, 2018. APPROVED this ___ day of ____________________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Expenditure of Funds under Contract with H&H Electric for Streetlight Maintenance and Repair. Page 3 of 13 Exhibit A Page 4 of 13 Exhibit A Page 5 of 13 Exhibit A Page 6 of 13 Exhibit A Page 7 of 13 Exhibit A Page 8 of 13 Exhibit A Page 9 of 13 Exhibit A Page 10 of 13 Exhibit A Page 11 of 13 Exhibit A Page 12 of 13 Exhibit A Page 13 of 13 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: January 23, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: TIF #7 - Christopher B. Burke Engineering Change Order No. 1 to Task Order No. 5 Construction Engineering Services Issue: On September 6, 2016, City Council approved Task Order No. 5 for Christopher B. Burke Engineering (CBBEL) to provide construction engineering services in connection with the TIF #7 Orchard Place Improvements. However, due to utility delays and conflicts, a portion of the work was unable to be completed until recently and continues to be delayed with a tentative completion date of later this summer. In order to complete this project, additional hours from CBBEL are necessary to continue to oversee the bridge work, creek crossing, utilities and roadway south of the bridge. Analysis: Christopher B. Burke Engineering has provided us with a proposal for supplemental construction observation services for the remainder of Orchard Place Improvement project at a cost of $97,280.00. All costs included in this supplement are appropriate and will cover the remaining work on the project until completion. Recommendation: We recommend approval of the construction engineering Change Order No. 1 for Task Order No. 5 for Christopher B. Burke Engineering, LTD., 9575 West Higgins Road, Suite 600, Rosemont, IL 60018 in an amount not to exceed $97,280.00. Source of funding would be budgeted TIF #7 Funds. Attachments: Resolution R-41-18 Exhibit A – Change Order No. 1 MEMORANDUM Page 1 of 6 1 CITY OF DES PLAINES RESOLUTION R - 41 - 18 A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO TASK ORDER NO. 5 UNDER A MASTER CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING LTD., FOR ENGINEERING SERVICES._______________________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on February 16, 2016, the City Council approved Resolution No. R-34-16, authorizing the City to enter into a master contract ("Master Contract") with Christopher B. Burke Engineering, Ltd. ("Consultant") for the performance of engineering services relating to bridge and roadway improvements as directed by the City; and WHEREAS, on September 6, 2016, the City Council approved Resolution No. R-134-16, authorizing the City to enter into Task Order Number 5 pursuant to the Master Contract ("Task Order No. 5") with the Consultant for professional engineering services to oversee the construction of the roadway and bridge improvements in connection with the reconstruction and extension of Orchard Place (“Project”) from Higgins Road to north of Interstate 90 in the City (“Services”); and WHEREAS, Resolution No. R-134-16 authorized the expenditure of an amount not to exceed $145,968 for the performance of the Services pursuant to Task Order No. 5; and WHEREAS, due to utility delays and conflicts, additional work is necessary to complete utilities and roadway portion of the Project and, therefore, the Consultant must perform additional engineering and design services pursuant to Task Order No. 5 (“Additional Services”); and WHEREAS, Consultant submitted a proposal in the not-to-exceed amount of $97,280.00 to perform the Additional Services; and WHEREAS, the City and the Consultant desire to enter into Task Change Order Number 1 to Task Order No. 5 ("Change Order No. 1") under the Master Contract for the performance of the Additional Services in the not-to-exceed amount of $97,280.00; and WHEREAS, the City has appropriated sufficient funds in the TIF #7 Funds to procure the Additional Services from the Consultant in the not-to-exceed amount of $97,280.00; and WHEREAS, the City Council has determined that authorizing the Consultant to perform the Additional Services under the Master Contract pursuant to Change Order No. 1 is: (i) necessary to complete the Project; (iii) germane to the Master Contract in its original form as signed; and (iii) in the best interest of the City and authorized by law; Page 2 of 6 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 CHANGE ORDER NO. 1. The City Council hereby approves Change Order No. 1 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 CHANGE ORDER NO. 1. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, Change Order No. 1. 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 _________________, 2018. APPROVED this ___ day of ____________________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Page 3 of 6 Change Order 1: Task Number 5 -1- CHANGE ORDER NUMBER 1 FOR TASK NUMBER 5 In accordance with Section 4.1 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 Change Order Number 1 for Task Number 5: 1. Change in Contracted Services: The Consultant will perform the services described in the “Supplement to Engineering Oversight Fee, Orchard Place Improvements (CBBEL Project No. 160175.00005)” prepared by the Consultant submitted to the City, and dated January 26, 2018 ("Proposal"). 2. Change in Project Schedule (attach schedule if appropriate): __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 3. Change in Project Completion Date: The Consultant will diligently and continuously prosecute the Services until their completion. 4. Change in Compensation: Addition of $97,280.00 to the original Task Order Number 5. 5. Change in Project Specific Pricing (if applicable). In exchange for the Contracted Services, the Consultant will receive compensation 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 $97,280.00. ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED [signature page follows] Exhibit A Page 4 of 6 Change Order 1: Task Number 5 -2- CITY CONSULTANT _______________________________ __________________________________ 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 $20,000, then the City Council must approve the Task Change Order in advance and the Mayor’s signature is required. _______________________________ Signature Mayor ____________________, 20____ Date #10250753_v1 Exhibit A Page 5 of 6 Exhibit A Page 6 of 6 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: February 8, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: US Route 12/45 (Mannheim Road) Roadway and Street Lighting Improvements Construction Engineering Services Issue: The 2018 City budget includes funding of construction engineering services in connection with the Mannheim Road Roadway and Lighting Improvements. These improvements are part of the Tax Increment Finance District #7 (TIF #7) redevelopment agreement. Due to the size of this year’s projects, we are unable to provide in house staffing to oversee this project. Analysis: We requested a proposal from Christopher B. Burke Engineering to provide construction engineering services for this project. They would provide one full time engineer to manage the construction of project which includes watermain replacement, pavement patching, sidewalk, curb and gutter, street lighting and restoration on Mannheim Road from Willow Creek to I-90 Jane Addams Memorial Tollway. They are familiar with the project, as they are performing construction engineering services for the Orchard Place Improvements for the City as well. Recommendation: We recommend approval of construction engineering Task Order No. 10 for Christopher B. Burke Engineering, LTD., 9575 West Higgins Road, Suite 600, Rosemont, IL 60018 in an amount not to exceed $80,818.00. Source of funding would be budgeted TIF #7 Funds. Attachments: Resolution R-47-18 Exhibit A – Task Order No. 10 MEMORANDUM Page 1 of 11 1 CITY OF DES PLAINES RESOLUTION R - 47 - 18 A RESOLUTION APPROVING TASK ORDER NO. 10 UNDER A MASTER CONTRACT WITH CHRISTOPHER B. BURKE ENGINEERING LTD., FOR CONSTRUCTION ENGINEERING SERVICES.____________________________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City desires to procure construction engineering services for the Mannheim Road Roadway and Lighting Improvements project ("Engineering Services"); and WHEREAS, in accordance with Section 1-10-14 of the City Code of the City of Des Plaines, City staff has determined that the procurement of the Engineering Services is not adapted to award by competitive bidding because the Engineering Services require a high degree of professional skill and judgment; and WHEREAS, on February 16, 2016, the City Council approved Resolution R-34-16, which authorized the City to enter into a master contract ("Master Contract") with Christopher B. Burke Engineering LTD. ("Consultant"), for the performance of engineering services for the City relating to bridge and roadway improvements as directed by the City; and WHEREAS, the City and Consultant entered into the Master Contract, dated as of February 16, 2016; and WHEREAS, Consultant 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 $80,818.00 to perform the Engineering Services; and WHEREAS, the City has sufficient funds in the TIF #7 Funds for the procurement of the Engineering Services from Consultant; and WHEREAS, the City desires to enter into Task Order No. 10 under the Master Contract for the procurement of the Engineering Services from Consultant in the not-to-exceed amount of $80,818.00 ("Task Order No. 10"); and Page 2 of 11 2 WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 10 with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Engineering Services is hereby waived. SECTION 3: APPROVAL OF TASK ORDER NO. 10. The City Council hereby approves Task Order No. 10 in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE TASK ORDER NO. 10. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 10 only after receipt by the City Clerk of at least one executed copy of final Task Order No. 10 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of final Task Order No. 10 from Consultant within 30 days after the date of adoption of this Resolution, then this authority to execute and seal final Task Order No. 10 shall, at the option of the City Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Page 3 of 11 3 PASSED this ___ day of _________________, 2018. APPROVED this ___ day of ____________________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Change Order #1 from Task Order No. 10 with Christopher B. Burke Engineering Ltd. TIF #7 Page 4 of 11 TASK ORDER NO. 10 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 10: 1. Contracted Services: The Consultant will perform the services described in the "Scope of Services" set forth in the “Proposal for Construction Engineering Services, Mannheim Rd Roadway and Lighting Improvements” prepared by the Consultant submitted to the City, and dated January 26, 2018 ("Proposal"). 2. Project Schedule: The project schedule is reflected in the attached Proposal under “Understanding of the Assignment” Page 1 of 4. 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 $80,818.00 as set forth in the Proposal under the section titled "CBBEL Work Effort”. 5. Additional Changes to the Master Contract (if applicable): Not applicable. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Exhibit A Page 5 of 11 2 CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works & Engineering __________________________________ Name (Printed or Typed) ____________________, 2018 ____________________, 2018 Date Date If greater than, $2,500, the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 2018 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 ____________________, 2018 Date #26478055_v1 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 Exhibit A Page 11 of 11 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: January 29, 2018 To: Michael Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Rand Road Sidepath – Right-of-Way Consulting Agreement - Civiltech Issue: Design Approval for the Phase I engineering on the Rand Road Sidepath project was received from IDOT on December 4, 2017. Through the course of the design, it was determined that short stretches of right-of-way would be needed at eight locations along the 2.5-mile long corridor between Central Road at the west end and Elk Boulevard near downtown Des Plaines. In order to move the project forward, the City must engage with consultants for the right-of-way acquisition process including creation of the plats and legal descriptions, appraisals, negotiations and purchase. Analysis: The City solicited a proposal from Civiltech Engineering, the engineering consultant performing the design on the project, for the right-of-way acquisition services. The proposal, in the amount of $135,196.79, is attached. The $1,281,630 Illinois Transportation Enhancement Program (ITEP) grant awarded to the City for the construction of the sidepath does not cover this right-of-way expense and so the source of funding would be from the Professional Services budget. The acquisition process is similar to the process being followed for the Lee-Forest Traffic Signal project that is currently underway. And as with the Lee-Forest process, an agreement will be pursued with the Illinois Department of Transportation to allow for the use of the State’s Quick Take condemnation powers in the event that negotiations for any individual parcel are not successful. The addition of sidewalk/sidepath along the Rand Road corridor is one of the most highly requested facilities in the City. Under existing conditions, there is no sidewalk on either side along most of the length of the Rand Road corridor. In addition to locally connecting residential areas, schools, businesses and the downtown, the corridor also carries the Northwest Municipal Conference planned 36-mile Evanston-Elgin Regional Bikeway through the City of Des Plaines. The proposed Rand Road Sidepath project (Central Rd to Elk Blvd) ties into 4 other programmed and completed projects to provide a complete corridor through the City. Recommendation: We recommend approval of the proposal from Civiltech Engineering, Inc., Two Pierce Place, Suite 1400, Itasca, Illinois 60143, for a not-to-exceed amount of $135,196.79, in order to allow the Rand MEMORANDUM Page 1 of 43 Road Sidepath Project to proceed. This will be Task Order No. 2 to the Master Agreement with Civiltech. Funding for the project is to come from the 2018 Capital Projects Fund - Professional Services. Attachments: Attachment 1 – Rand Road Sidepath Project – Location Map Resolution R-42-18 Exhibit A – Task Order No. 2 Page 2 of 43 Rand Road Sidepath Project (US Route 12) Location Map UP rail crossing CN rail crossing Rand Road Sidepath High pedestrian/bicycle demand corridor without existing sidewalk on either side through the majority of the corridor. The corridor connects downtown Des Plaines, major commercial and residential areas, and multiple schools. Due to the unusual configuration of the area transportation network, alternatives are limited and so pedestrians and bicyclists currently take risks to travel along this corridor. The proposed project ties into 4 other programmed and completed projects to provide a complete corridor through the City. The proposed corridor will also carry the NWMC planned 36-mile Evanston-Elgin Regional Bikeway through the City of Des Plaines. LEGEND - Rand Road Sidepath Project - NWMC Regional Bikeway Corridor - Completed/Programmed Complementary Projects - River Rd Reconstruction (IDOT, 2018) - Rand Rd Bridge Replacement, w/ Sidepath (IDOT, 2020) - DP River Trail - Ballard Rd segment (completed, 2011) - Ballard Rd Sidepath (CMAQ grant, 2018) - Village of Mt. Prospect Rand Rd Corridor Study (2017) - NW Hwy/Broadway Signalization (IDOT, 2017) - Cumberland Circle Recon (IDOT, 2018) - Central Road Bicycle Shoulders (completed, 2016) - Golf Rd Sidewalk (CMAQ grant, completed 2008) - NW Hwy/Mt. Prospect Rd Modernization (IDOT, 2020) Attachment 1 Page 3 of 43 1 CITY OF DES PLAINES RESOLUTION R - 42 - 18 A RESOLUTION APPROVING TASK ORDER NO. 2 WITH CIVILTECH ENGINEERING, INC. FOR RIGHT-OF-WAY ACQUISITION AND CONSULTING. _______ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on January 2, 2018, the City Council approved Resolution No. R-11-18, which authorized the City to enter into a master contract ("Master Contract") with Civiltech Engineering, Inc. ("Consultant") for the performance of engineering services for the City as such services are needed over time; and WHEREAS, the City has appropriated funds in the Capital Projects Fund during the 2018 fiscal year for the procurement of right-of-way acquisition consulting services, including, without limitation, the creation of plats, legal descriptions, and appraisals in connection with the acquisition of right-of-way for the Rand Road Sidepath project (“Services”); and WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of the City of Des Plaines and the City’s purchasing policy, the City Council has determined that procurement of the Services does not require competitive bidding because the Services require a high degree of professional skill where the ability or fitness of the individual plays an important part; and WHEREAS, the City has a positive existing relationship with the Consultant, the Consultant having satisfactorily performed engineering services for the City in the past; and WHEREAS, Consultant submitted a proposal in the not-to-exceed amount of $135,196.79 to perform the Services; and WHEREAS, the City desires to enter into Task Order No. 2 under the Master Contract for the procurement of the Services from Consultant in the not-to-exceed amount of $135,196.79 ("Task Order No. 2"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Task Order No. 2 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. Page 4 of 43 2 SECTION 2: APPROVAL OF TASK ORDER NO. 2. The City Council hereby approves Task Order No. 2 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. 2. 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. 2 only after receipt by the City Clerk of at least one executed copy of Task Order No. 2 from Consultant; provided, however, that if the City Clerk does not receive one executed copy of Task Order No. 2 from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal Task Order No. 2 will, at the option of the City Council, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Task Order #2 for Professional Engineering Services Page 5 of 43 TASK ORDER NO. 2 TO MASTER CONTRACT BETWEEN THE CITY OF DES PLAINES AND CIVILTECH ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES In accordance with Section 1.2 of the Master Contract dated January 2, 2018 between the City of Des Plaines (the “City”) and Civiltech Engineering, Inc., Two Pierce Place, Suite 1400, Itasca, IL 60143 (the “Consultant”), the Parties agree to the following Task Number 2: 1. Contracted Services: The Consultant will perform the services set forth in the "Rand Road Sidepath - Elk Boulevard to Central Road, Right-of-Way Acquisition Scope of Services" submitted to the City ("Proposal"). 2. Project Schedule (attach schedule if appropriate): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ________________________________. 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 an hourly rate basis plus reimbursable expenses (time and material basis) in the amounts set forth in the Proposal, but in no event will the compensation paid to the Consultant exceed $135,196.79, all as set forth in the Proposal. 5. Additional Changes to the Master Contract (if applicable): Not applicable. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Exhibit A Page 6 of 43 2 CITY CONSULTANT _______________________________ __________________________________ Signature Signature Director of Public Works & Engineering __________________________________ Name (Printed or Typed) ____________________, 2018 ____________________, 2018 Date Date If greater than, $2,500, the City Manager’s signature is required. ______________________________________ Signature City Manager ____________________, 2018 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 ____________________, 2018 Date Exhibit A Page 7 of 43 Rand Road Sidepath – Elk Boulevard to Central Road City of Des Plaines Right-of-Way Acquisition Scope of Services Page 1 of 1 As with most projects, the land acquisition process has the potential to be the controlling item in the project schedule. Civiltech provides in-house land acquisition services, and our Phase II engineering staff has a detailed understanding of the process and how it specifically integrates with the design engineering. Our expertise includes the critical components of the IDOT Bureau of Land Acquisition process for Federal-aid projects. This allows our designers to anticipate potential roadblocks, thereby minimizing potential delays through our proactive approach to this critical element needed to meet project schedules. A. Review and Confirm Project Right-of-Way Requirements - We will review the proposed roadway alignment and horizontal and vertical geometrics with respect to the existing right-of- way. The survey subconsultant will establish the location of the existing right-of-way throughout the project limits. The Phase I report indicates the need for permanent acquisition and temporary and permanent easements. We will review the project to verify the size, type, and location of easements required. This work will be performed early in the design phase so that the right-of-way acquisition process can begin as soon as possible to ensure that the project remains on schedule. B. Coordination with Appraisers and Negotiators - This item includes work involved with coordination between the Phase II design team and the appraisers and negotiators. This work typically includes providing the appraisers and negotiators with exhibits for use during meetings with the property owners, and providing information regarding the design and potential modifications to the same. Exhibit A Page 8 of 43 Exhibit A Page 9 of 43 Ex h i b i t A - 3 W o r k H o u r E s t i m a t e Se n i o r P r o j e c t Ma n a g e r Pr o j e c t Ma n a g e r En g i n e e r V Ta s k N o . T a s k SP M P M E 5 1 P r o j e c t A d m i n i s t r a t i o n , C o o r d i n a t i o n a n d P e r m i t s A. C o n f i r m R i g h t - o f - W a y L i m i t s 28 2 0 30 50 . 0 % B. C o o r d i n a t i o n w i t h A p p r a i s e r s a n d N e g o t i a t o r s 28 2 0 30 50 . 0 % Su b - t o t a l I t e m 6 4 1 6 4 0 6 0 1 0 0 . 0 % To t a l H o u r s : 4 1 6 4 0 6 0 % o f H o u r s : 6 . 7 % 2 6 . 7 % 6 6 . 7 % 1 0 0 . 0 % % o f Ho u r s To t a l H o u r s Ri g h t - o f - W a y W o r k h o u r C a l c u l a t i o n s Ra n d R o a d S i d e p a t h - E l k B o u l e v a r d t o C e n t r a l R o a d Ci t y o f D e s P l a i n e s Pe r s o n n e l & H o u r s Exhibit A Page 10 of 43 Exhibit A-4 Direct Costs ITEM 1 - Right-of-Way Negotiations and Appraisals ROW Documents (Jorgensen and Associates, Inc.- See Attachment B)59,421.49$ Appraisals 5 parcels X $2,800/parcel 14,000.00$ 5 parcels X $1,800/parcel 9,000.00$ Review Appraisals 5 parcel X $1,000/parcel 5,000.00$ 5 parcels X $800/parcel 4,000.00$ . Negotiations (Santacruz Land Acquisitions - See Attachment C)34,000.00$ Total Item 4 $125,421.49 ITEM 2 - Supplemental Topographic Survey Jorgensen and Associates, Inc. (See Attachment B) Total Item 5 $2,053.68 TOTAL DIRECT EXPENSES: $127,475.17 DIRECT COSTS Exhibit A Page 11 of 43 ATTACHMENT B Subconsultant Surveying Proposal Jorgensen and Associates, Inc. Exhibit A Page 12 of 43 Exhibit A Page 13 of 43 Route: Rand Road (U.S. Route 12) Section: Central Road to Elk Boulevard County: Cook Job No.: Exhibit “A” Payroll Burden & Fringe Costs % of Direct Productive Payroll Federal Insurance Contributions Act 11.37% State Unemployment Compensation 0.97% Federal Unemployment Compensation 0.11% Workmen's Compensation Insurance 0.96% Paid Holidays, Vacation, Sick Leave, Personal Leave 10.79% Bonus 7.01% Pension 0.93% Group Insurance 35.63% Total Payroll Burden & Fringe Costs 67.77% E:\Civiltech\DesPlaines\Rand Rd\EXA Exhibit A Page 14 of 43 Route: Rand Road (U.S. Route 12) Section: Central Road to Elk Boulevard County: Cook Job No.: Exhibit “B” Overhead and Indirect Costs % of Direct Productive Payroll Business Insurance 4.48% Depreciation 12.02% Indirect wages and salaries 38.85% Reproductive and printing costs 0.18% Office Supplies 3.57% Computer Costs 1.98% Professional Fees 2.54% Telephone 1.85% Fees, license & dues 0.98% Repairs and maintenance 0.96% Business space rent 4.92% Facilities - capital 0.66% Travel - Meals 0.08% Survey Supplies 2.80% Automobile/travel expense 1.45% Miscellaneous Expense 0.31% State Income Tax 1.05% Postage 0.20% Educational & Professional Registrations 0.05% Total Overhead 78.93% E:\Civiltech\DesPlaines\Rand Rd\EXB Exhibit A Page 15 of 43 Printed 9/14/2017 Bureau of Design and Environment (Rev. 05/08/15) PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Jorgensen & Associates, Inc.DATE 09/14/17 PRIME/SUPPLEMENT Prime 0.00 PTB NO. CONTRACT TERM 12 MONTHS OVERHEAD RATE 146.70% START DATE 10/1/2017 COMPLEXITY FACTOR RAISE DATE 4/1/2018 % OF RAISE 3.00% ESCALATION PER YEAR 10/1/2017 -4/1/2018 4/2/2018 -10/1/2018 6 6 12 12 =50.00%51.50% =1.0150 The total escalation for this project would be:1.50% E x h i b i t A P a g e 1 6 o f 4 3 Printed 9/14/2017 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 05/08/15) PAYROLL RATES FIRM NAME Jorgensen & Associates DATE 09/14/17 PRIME/SUPPLEMENT Prime PSB NO. ESCALATION FACTOR 1.50% CLASSIFICATION CURRENT RATE CALCULATED RATE Supervisor, P.L.S.$43.00 $43.65 Survey Party Chief, S.I.T.$26.75 $27.15 Instrument Operator $20.75 $21.06 Cadd Supervisor $30.75 $31.21 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Exhibit A Page 17 of 43 Printed 9/14/2017 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 05/08/15) COST ESTIMATE OF CONSULTANT SERVICES FIRM Jorgensen & Associates, Inc.DATE 09/14/17 PSB OVERHEAD RATE 1.467 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES % OF DROP ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) (1) Field-Topography Survey 16 380.00 557.46 37.10 141.31 1,115.87 54.34% (2) Office-Compile Field Data 2 73.75 108.19 26.38 208.32 10.14% (3) Office-Create Topography Base Sheets 6 196.75 288.63 70.38 555.76 27.06% (4) Office-Create T.I.N. & Contours 2 61.50 90.22 22.00 173.72 8.46% Subconsultant DL 0.00 0.00 0.00% TOTALS 26 712.00 1,044.50 37.10 260.07 0.00 0.00 0.00 2,053.68 100.00% DBE 0.00% DBE COST PLUS FIXED FEE E x h i b i t A P a g e 1 8 o f 4 3 Printed 9/14/2017 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 05/08/15) AVERAGE HOURLY PROJECT RATES FIRM Jorgensen & Associates, Inc. PSB DATE 09/14/17 PRIME/SUPPLEMENT Prime SHEET 1 OF 1 PAYROLL AVG TOTAL PROJECT RATES (1) Field-Topography Survey (2) Office-Compile Field Data (3) Office-Create Topography Base Sheets (4) Office-Create T.I.N. & Contours HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Supervisor, P.L.S.43.00 2 7.69%3.31 1 50.00%21.50 1 16.67%7.17 Survey Party Chief, S.I.T.26.75 8 30.77%8.23 8 50.00%13.38 Instrument Operator 20.75 8 30.77%6.38 8 50.00%10.38 Cadd Supervisor 30.75 8 30.77%9.46 1 50.00%15.38 5 83.33%25.63 2 100.00%30.75 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 26 100%$27.38 16 100.00%$23.75 2 100%$36.88 6 100%$32.79 2 100%$30.75 0 0%$0.00 E x h i b i t A P a g e 1 9 o f 4 3 Route: Rand Road (U.S. Route 12) Section: Central Road to Elk Boulevard County: Cook Job No.: Manhour Breakdown Supplemental Topographic Survey Estimate Rand Road + 11,620' = + 2.201 miles Total Length + 11,620' = + 2.201 miles 1. Field – Supplemental Topographic Survey a. Locate existing supplemental topography 6 hours x 2 men = 12 MH b. Measure traverse & level circuit 2 hours x 2 men = 4 MH Sub-total Item #1 16 MH 2. Office - Compile Field Data a. Edit & compile supplemental topographic survey 1 hour x 1 man = 1 MH b. Compute traverse & level circuit 1 hour x 1 man = 1 MH Sub-total Item #2 2 MH 3. Office - Create Supplemental Topography Base Sheets a. Layout and drafting 5 hours x 1 man = 5 MH b. Check topographic survey 1 hour x 1 man = 1 MH Sub-total Item #3 6 MH (1) Exhibit A Page 20 of 43 4. Office - Create T.I.N. & Contours a. Update T.I.N. & contours 2 hours x 1 man = 2 MH Total All Items 26 MH (2) E:\Civiltech\DesPlaines\Rand Rd\LOP Exhibit A Page 21 of 43 Route: Rand Road (U.S. Route 12) Section: Central Road to Elk Boulevard County: Cook Job No.: Breakdown of In House Direct Costs Item 1. Field - Topographic Survey a. Trips to project site - 1 each + 70 miles/trip x 1 trip = + 70 miles + 70 miles @ $0.53/mile = $ 37.10 E:\Civiltech\DesPlaines\RandRd\IHC Exhibit A Page 22 of 43 DF-824-039 REV 12/04 Bureau of Design and Environment Printed 9/14/2017 6:57 PM PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Jorgensen & Associates, Inc.DATE 09/14/17 PRIME/SUPPLEMENT Prime 0.00 PTB NO. CONTRACT TERM 12 MONTHS OVERHEAD RATE 146.70% START DATE 10/1/2017 COMPLEXITY FACTOR RAISE DATE 4/1/2018 % OF RAISE 3.00% ESCALATION PER YEAR 10/1/2017 -4/1/2018 4/2/2018 -10/1/2018 6 6 12 12 =50.00%51.50% =1.0150 The total escalation for this project would be:1.50% E x h i b i t A P a g e 2 3 o f 4 3 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNITPrinted 9/14/2017 6:57 PM PAYROLL RATES FIRM NAME Jorgensen & Associates, Inc.DATE 09/14/17 PRIME/SUPPLEMENT Prime PSB NO. ESCALATION FACTOR 1.50% CLASSIFICATION CURRENT RATE CALCULATED RATE Principal/Officer $46.00 $46.69 Supervisor, P.L.S.$43.00 $43.65 Survey Party Chief, S.I.T.$26.75 $27.15 Instrument Operator $20.75 $21.06 Cadd Supervisor $30.75 $31.21 Administrative Assistant $20.75 $21.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Exhibit A Page 24 of 43 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIT Printed 9/14/2017 6:57 PM COST ESTIMATE OF CONSULTANT SERVICES FIRM Jorgensen & Associates, Inc.DATE 09/14/17 PSB OVERHEAD RATE 1.467 PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES % OF DROP ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) (1) Pre-Survey 4 113.00 165.77 928.00 174.98 4,250.00 5,631.75 9.48% (2) Survey Reconnaissance 48 1,140.00 1,672.38 111.30 423.93 3,347.61 5.63% (3) Project Survey Plan 5 153.75 225.55 55.00 434.30 0.73% (4) First Submittal Plat of Hwys. & Descriptions 138 4,439.50 6,512.75 110.00 1,604.03 12,666.27 21.32% (5) Survey (Field)272 6,460.00 9,476.82 630.70 2,402.29 18,969.81 31.92% (6) Survey (Office)92 3,821.25 5,605.77 1,366.92 10,793.94 18.17% (7) Final Submittal Plat of Hwys & Descriptions 11 332.75 488.14 31.80 123.64 976.33 1.64% (8) Coordination Meetings 2 92.00 134.96 37.10 38.29 302.35 0.51% (9) QC/QA 53 2,230.00 3,271.41 797.70 6,299.11 10.60% Subconsultant DL 0.00 0.00 0.00% TOTALS 625 18,782.25 27,553.56 1,848.90 6,986.78 0.00 4,250.00 0.00 59,421.49 100.00% DBE 0.00% DBE COST PLUS FIXED FEE E x h i b i t A P a g e 2 5 o f 4 3 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIT Printed 9/14/2017 6:57 PM AVERAGE HOURLY PROJECT RATES FIRM Jorgensen & Associates, Inc. PSB DATE 09/14/17 PRIME/SUPPLEMENT Prime SHEET 1 OF 2 PAYROLL AVG TOTAL PROJECT RATES (1) Pre-Survey (2) Survey Reconnaissance (3) Project Survey Plan (4) First Submittal Plat of Hwys. & Descriptions (5) Survey (Field) HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Principal/Officer 46.00 2 0.32%0.15 Supervisor, P.L.S.43.00 148 23.68%10.18 16 11.59%4.99 Survey Party Chief, S.I.T.26.75 160 25.60%6.85 24 50.00%13.38 136 50.00%13.38 Instrument Operator 20.75 160 25.60%5.31 24 50.00%10.38 136 50.00%10.38 Cadd Supervisor 30.75 151 24.16%7.43 3 75.00%23.06 5 100.00%30.75 122 88.41%27.18 Administrative Assistant 20.75 4 0.64%0.13 1 25.00%5.19 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 625 100%$30.05 4 100.00%$28.25 48 100%$23.75 5 100%$30.75 138 100%$32.17 272 100%$23.75 E x h i b i t A P a g e 2 6 o f 4 3 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIT Printed 9/14/2017 6:57 PM ' AVERAGE HOURLY PROJECT RATES FIRM Jorgensen & Associates, Inc. PSB DATE 09/14/17 PRIME/SUPPLEMENT Prime SHEET 2 OF 2 PAYROLL AVG (6) Survey (Office)(7) Final Submittal Plat of Hwys & Descriptions (8) Coordination Meetings (9) QC/QA HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Principal/Officer 46.00 2 100.00%46.00 Supervisor, P.L.S.43.00 81 88.04%37.86 2 18.18%7.82 49 92.45%39.75 Survey Party Chief, S.I.T 26.75 Instrument Operator 20.75 Cadd Supervisor 30.75 11 11.96%3.68 6 54.55%16.77 4 7.55%2.32 Administrative Assistant 20.75 3 27.27%5.66 TOTALS 92 100%$41.54 11 100%$30.25 2 100%$46.00 53 100%$42.08 0 0%$0.00 0 0%$0.00 E x h i b i t A P a g e 2 7 o f 4 3 Route: Rand Road (U.S. Route 12) Section: Central Road to Elk Boulevard County: Cook Job No.: Manhour Breakdown Land Acquisition Estimate Length of Project Rand Road + 11,620' = + 2.201 miles Total Length + 11,620' = + 2.201 miles 10 Parcels: 3 Fee Simple; 1 Fee Simple & Temporary Easement; 2 Permanent Easement and 4 Temporary Easement Only. 1. Pre-Survey Phase Research available records a. Title Co. ) ) b. Recorder's Office ) 3 MH ) c. I.D.O.T. ) ) d. Utilities ) ) e. Private Surveyors ) f. Land Owners ) 1 MH Sub-total Item # 1 4 MH 2. Reconnaissance Survey 2 Men 48 MH (1) Exhibit A Page 28 of 43 3. Project Survey Plan + 2,640'/sheet - 5 sheets a. Alignment info ) ) b. Existing R.O.W. info ) ) c. Land line data ) ) d. Subdivision data ) 5 sheets @ 1 hr./sheet = 5 MH Sub-total Item #3 5 MH 4. First Submittal Plat of Highways & Descriptions a. Ownership info ) ) b. Total holding boundaries ) ) c. Total holding area listing ) 5 MH ) d. Private survey info ) ) e. Deed calculated closures ) f. Layout and drafting + 900'/sht. + 13 sheets 102 hours x 1 man = 102 MH Index Sheet/Cover Sheet 1 sheet 2 hours x 1 man = 2 MH Alignment sheets 4 sheets 8 hours x 1 man = 8 MH Total Holding sheets 4 sheets 10 hours x 1 man = 10 MH g. Legal descriptions 11 descriptions 11 MH Sub-total Item #4 138 MH (2) Exhibit A Page 29 of 43 5. Survey (Field) a. Measure existing R.O.W., property & section lines 102 hours x 2 men = 204 MH b. Appraisal topography 22 hours x 2 men = 44 MH c. Monument proposed R.O.W. lines 12 hours x 2 men = 24 MH Sub-total Item #5 272 MH 6. Survey (Office) a. Compute traverse 8 hours x 1 man = 8 MH b. Compute existing R.O.W., property & section lines 70 hours x 1 man = 70 MH c. Compile appraisal topography 3 hours x 1 man = 3 MH d. Compute center line alignment 5 hours x 1 man = 5 MH e. Compute proposed R.O.W., permanent & temporary easements 6 hours x 1 man 6 MH Sub-total Item #6 92 MH 7. Final Submittal Plat of Highways & Descriptions a. Final drafting + 22 sheets 6 hours x 1 man = 6 MH b. Final descriptions 11 descriptions 2 MH c. Assembly of final papers 3 MH Sub-total Item #7 11 MH (3) Exhibit A Page 30 of 43 8. Coordination Meetings 1 meeting @ 2 hours = 2 MH 9. QC/QA a. Check preliminary plats 22 sheets 45 MH b. Check preliminary legal descriptions 11 legal descriptions 3 MH c. Check final plats 22 sheets 4 MH d. Check final legal descriptions 11 legal descriptions 1 MH Total All Items 625 MH (4) E:\Civiltech\DesPlaines\Rand Rd\LALOP Exhibit A Page 31 of 43 Route: Rand Road (U.S. Route 12) Section: Central Road to Elk Boulevard County: Cook Job No.: Breakdown of In House Direct Costs Item 1. Pre-Survey Phase a. Trip to Cook County Recorder + 100 miles/trip x 1 trip = + 100 miles + 100 miles @ $0.53/mile = $ 53.00 b. Plats of Subdivision 25 plats @ $35/plat = $ 875.00 Sub-total Item #1 $ 928.00 2. Reconnaissance Survey a. Trips to project site – 3 each + 70 miles/trip x 3 trips = + 210 miles + 210 miles @ $0.53/mile = $ 111.30 4. First Submittal Plat of Highways & Descriptions a. Plat of Highways Mylars 22 sheets @ $5.00/sheet = $ 110.00 5. Survey (Field) a. Trips to project site – 17 each + 70 miles/trip x 17 trips = + 1,190 miles + 1,190 miles @ $0.53/mile = $ 630.70 (1) Exhibit A Page 32 of 43 7. Final Submittal Plat of Highways & Descriptions a. Deliver Final Papers to District One office + 60 miles/trip x 1 trip = + 60 miles + 60 miles @ $0.53/mile = $ 31.80 8. Coordination Meetings a. Meetings at Civiltech’s office – 1 ea. + 70 miles/trip x 1 trip = + 70 miles + 70 miles @ $0.53/mile = $ 37.10 Total All Items $ 1,848.90 (2) E:\Civiltech\DesPlaines\Rand Rd\LAIHC Exhibit A Page 33 of 43 ATTACHMENT C Subconsultant Negotiations Proposal Santacruz Land Acquisitions Exhibit A Page 34 of 43 1 PROPOSAL FOR LAND ACQUISITION SERVICES City of Des Plaines Civiltech Engineering, Inc. Rand Road Sidepath Central Ave to Elk Blvd 310 Happ Road · Suite 206 Northfield, IL 60093 www.santacruz-associates.com Contact: J. Steve Santacruz 847-868-9620 jsteve@santacruz-associates.com Exhibit A Page 35 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 2 EXECUTIVE SUMMARY Having extensive experience with right of way projects, we understand the importance of keeping on schedule. On-time lettings gives the City of Des Plaines, the Local Public Agency (“LPA”) the best use of its resources and strengthens the efficiencies in the implementation of its roadway improvement program. To achieve your goals, it is critical that your land acquisition consultant understands the importance and addresses three critical issues in the acquisition of right of way:  Deliver the right of way on-time to meet the letting  Manage the acquisition risks, including the cost of condemnation litigation  Compliance with the Uniform Relocation Assistance and Real Property Act of 1970, as amended (Uniform Act), IDOT land acquisition policies and procedures and FWHA policies. CRITICAL ISSUE 1: DELIVER THE RIGHT-OF-WAY ON-TIME TO MEET LETTING Delivery of right of way on-time keeps the project on its letting schedule. We understand that nothing is more important to LPA. We also know that keeping the land acquisition on-time and within budget is a measurement of success for LPA. When a project does not meet its letting schedule, we know it can impact the budget for LPA, causing scheduling conflicts with potential contractors and also affect other economic factors which govern the delivery of the overall roadway improvement program for LPA. Santacruz Land Acquisitions is an industry leading right of way professional organization with years of experience working on land acquisition projects with the understanding of what needs to be done to complete an acquisition on time. Santacruz Land Acquisitions will work with the staff for LPA and Civiltech Engineering, Inc., Engineer for LPA, (“Consultant”) to develop a land acquisition plan for the construction of Rand Road Sidepath from Central Avenue to Elk Boulevard (the “Project”) to assure that the goals are met. With years of right of way acquisition work, we have a large database of real estate representatives for corporate acquisitions to cut down the time spent in the initial steps of locating the real estate representative for each property. Exhibit A Page 36 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 3 These efficiencies minimize our time with an acquisition and translate to your project staying on schedule. CRITICAL ISSUE 2: MANAGE THE ACQUISITION RISKS Equally important as the scheduled letting is the acquisition budget for the Project. Cost overruns can jeopardize a project from moving forward. Because real estate costs can represent a significant portion of the budget for a transportation project, we will suggest ways to minimize impacts and reduce costs in challenging acquisitions. We will also work with LPA to minimize the condemnation referrals that impact the budget for this Project. By the same token, we will quickly identify parcels in the very beginning of the process that have title issues that can only be resolved through condemnation. Through experience, we know that a portion of the parcels will need to be acquired through condemnation. As such, your land acquisition consultant needs to have knowledge of the legal requirements necessary to position an agency for condemnation. We possess that knowledge and have experience providing “expert witness” testimony in these matters. Santacruz Land Acquisitions is made up skilled right of way professionals with a vast background in real estate and civil engineering with respect to transportation projects which gives us the ability to recognize issues and resolve them before they create delays. CRITICAL ISSUE 3: COMPLIANCE WITH GOVERNMENT REGULATIONS All land acquisition services must be performed in accordance with the Uniform Relocation Assistance and Real Property Act of 1970, as amended (Uniform Act). Santacruz Land Acquisitions is familiar with IDOT’s land acquisition guidelines, policies and procedures. We provide extensive experience complying with federal and state laws and maximizing the team’s knowledge of the land acquisition policies of IDOT. ADDITIONAL COMPONENT OF OUR PROPOSAL: BEP UTILIZATION Santacruz Land Acquisitions is a DBE with IDOT and an MBE with Cook County and the City of Chicago. Santacruz Land Acquisitions is also certified in the Business Enterprise Program with the State of Illinois Central Management Services. WHY SANTACRUZ LAND ACQUISITIONS? As you review our proposal, you will see that Santacruz Land Acquisitions has the versatility, experience and qualifications to deliver the land acquisition needs for your project. What sets us apart is:  Years of successful on-time delivery of right of way land acquisition services to various other agencies  Diverse set of real estate acquisition disciplines including backgrounds in law and civil engineering  Title review experience, including familiarity with all types of recorded documents affecting real estate and knowledge on how to the clear title  Experience in reviewing plats and legal descriptions, as well as an ability to review and understand roadway construction plans  Expertise with the Uniform Relocation Assistance and Real Property Act of 1970, as amended (Uniform Act), Illinois Eminent Domain Act (735 ILCS 30), IDOT Land Acquisition Guidelines.  Familiarity with IDOT policies and procedures related to land acquisition and appraisals. Exhibit A Page 37 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 4 SUMMARY With a long history of successful delivery of a variety of right of way projects on-time, within budget and to our client’s satisfaction, we look forward to the opportunity to assist LPA with its land acquisition needs COMPENSATION Santacruz Land Acquisitions shall be entitled to the compensation as shown on the attached schedule. Our cost proposal, based on ten (10) projected parcels of right-of-way, is as follows: NEGOTIATIONS: $28,000.00. As directed, Santacruz Land Acquisitions shall invoice LPA or Consultant for any fees and charges related to the acquisitions including, without limitation, (i) the cost of the later date title commitments, (ii) the cost of title insurance policies obtained on the parcels to be acquired, (iii) the cost of recording any necessary documents to complete the conveyance and obtain clear title, (iv) lender’s fees related to the processing of any partial releases needed to provide clear title, and (v) land trustee processing fees. Santacruz Land Acquisitions shall include $500.00 per parcel for these charges. Santacruz Land Acquisitions shall pay any such fees and charges in excess of the $500.00 per parcel allowance for which Santacruz Land Acquisitions shall be entitled to additional compensation in the amount of any such payments pursuant to a separate work order issued. Santacruz Land Acquisitions will attend and/or participate in up to four (4) hours of meetings and conference calls for consultations on the project. This will include, without limitation, kick-off meetings, planning discussions, project strategy development and review of parcels with acquisition challenges. Based on the projected total number of parcels of right-of-way to be acquired for the Project, the land acquisition negotiation services provided herein are offered a cost not to exceed of $34,000.00 as follows: Land Acquisition Services $28,000.00 Consultation/Meeting Services $1,000.00 Direct Billable Expenses $5,000.00 Exhibit A Page 38 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 5 TECHNICAL APPROACH Santacruz Land Acquisitions shall perform all necessary services in the negotiation of the acquisition of necessary properties required for the completion of the Project. All services shall be performed at the direction of LPA and Consultant in accordance with the policies and procedures of IDOT, as applicable, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”), as amended (49 CFR Part 24), the Illinois Eminent Domain Act (735 ILCS 30) (“Eminent Domain Act”) and the Illinois Code of Civil Procedure (“Code of Civil Procedure”). Santacruz Land Acquisitions will review the highway construction plans with LPA and/or the Consultant to understand the nature and purpose of the project. Santacruz Land Acquisitions agrees to perform the services as set forth herein as well as furnish and deliver to LPA the final reports accompanied by all necessary documents needed for recordation and/or necessary for eminent domain proceedings. The process described in this section has been the roadmap to many successful right of way projects for Santacruz Land Acquisitions helping us help you keep your projects on-time and within budget. LAND ACQUISITION CRITICAL PATH STEPS – “OUR ROAD MAP” Task 1: Notice to Proceed Our services start within one week (or sooner, if requested) of an authorization to proceed from LPA. Task 2: Kick-off Meeting As requested, Santacruz Land Acquisitions will meet with LPA and/or Consultant to discuss the Project, identify issues and develop any necessary strategies to assure the timely completion of the Project. Exhibit A Page 39 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 6 Task 3: Delivery and Review of Project Information LPA or Consultant will provide Santacruz Land Acquisitions with plats of highway, legal descriptions, the most recent title commitments and any other pertinent information regarding the property owner for each parcel assigned for acquisition. In addition, LPA or Consultant will also provide a set of project plans, including, (i) plan and profile, (ii) drainage and utilities, (iii) pavement markings and (iv) cross sections. Task 4: Negotiation and Acquisition All negotiations and acquisition services shall be provided by Santacruz Land Acquisitions after approval by LPA of the amount of just compensation to be offered to the property owner. The Negotiator assigned by Santacruz Land Acquisitions will not have any authority to determine administrative settlements. The Negotiator will consult with LPA for approval of any counter offers and upon acceptance by LPA of any such counter offer, Santacruz Land Acquisitions will prepare the necessary documentation for administrative settlement. Prior to the start of negotiations, the Negotiator will review the plats of highway and appraisals for each parcel before the start of negotiations with a property owner to understand the valuation and impact to the property. Santacruz Land Acquisitions will also inspect the title commitment provided for each parcel to determine the liens and encumbrances that will need to be addressed in order to complete the acquisition process for LPA. Santacruz Land Acquisitions will direct any questions to LPA or Consultant resulting from its review of the plans, plats, appraisals and title commitments so that Santacruz Land Acquisitions is prepared for any issues raised by the property owner during negotiations. Before contacting the owner of a parcel, Santacruz Land Acquisitions will prepare and send the introductory letter to the property owner on LPA’s letterhead. This letter will provide a general statement of the Project, identify the property and the legal property owner, and briefly state the right of requirements necessary from the parcel. This letter shall also contain contact information for Santacruz Land Acquisitions and a representative of LPA. Santacruz Land Acquisitions will prepare an offer package for presentation to the owner at the first meeting. The offer package shall contain the Basis for Computing Total Approved Compensation and Offer to Purchase (in the format approved by IDOT), a copy of the plat of highway with the acquisition areas highlighted and a copy of the legal descriptions of the parcels to be acquired. If, after repeated efforts to contact the property owner to schedule a meeting to present the offer, Santacruz Land Acquisitions is unable to make contact with the property owner, or if the property owner is located out of town, or at the request of the property owner to have the offer package mailed, Santacruz Land Acquisitions will send the offer package by certified mail so that a receipt of delivery can be established. Santacruz Land Acquisitions will personally contact the property owner a minimum of three times before making a determination that the acquisition of the parcel cannot be successfully negotiated. In most cases, Santacruz Land Acquisitions will exceed the minimum number of contacts in an attempt to make all reasonable efforts to reach a settlement before recommending that LPA commence condemnation proceedings. All contacts and efforts to make contact with the property owner shall be documented in the negotiator’s report maintained by Santacruz Land Acquisitions for each parcel. If, during its discussions with the property owner, errors in the plans are discovered or the property owner requests design changes, Santacruz Land Acquisitions will immediately notify LPA or Consultant with this information. At any time during negotiations for situations involving design changes, errors in plans or for any other reason, if requested by LPA or Consultant, Santacruz Land Acquisitions will cease negotiations on certain Exhibit A Page 40 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 7 parcels until corrected information or further instruction is provided to Santacruz Land Acquisitions. Upon successful negotiations with the property owner, Santacruz Land Acquisitions will prepare all necessary conveyance documents in the forms provided by and approved by IDOT in order to complete the acquisition and obtain title approval for the property. Santacruz Land Acquisitions will submit the completed parcel file with original conveyance documents, any documents necessary for title clearance, the Negotiator’s Log documenting all negotiation activities, copies of all correspondence with the property owner, title commitments, plats, and all other documentation as required by LPA. In the event that Santacruz Land Acquisitions, after having made every reasonable effort to contact and negotiate with the owner of a parcel, is unable to obtain a settlement on the approved appraisal amount, Santacruz Land Acquisitions shall prepare and submit to LPA a completed parcel file with its recommendation to acquire the parcel by means of condemnation. In addition, the file will include the Negotiator’s Log, copies of all correspondence with the property owner, title commitments, plats, and all other documentation as required by LPA. We understand that appearances in court and/or pretrial conferences, which may include depositions, and preparation for litigation or pre- trial conferences may be required by LPA so that it may complete the acquisition of the property through condemnation. In such case, at the request of LPA or its trial counsel, we shall make any such appearances or complete such preparation work in order to assist with this process. Such requests will be pursuant to a separate work order. PERSONNEL The experience and talent of the right of way professionals that make up the team for Santacruz Land Acquisitions will, to a large extent, be the basis for the success of keeping this Project on- time and within budget. J. Steve Santacruz brings over twenty years of right of way acquisition experience to lead this team as its project manager. He has worked on thousands of acquisition parcels for ISTHA, IDOT, Cook, Kane, Lake, and Will Counties. Steve has a reputation in the right of community of being able to handle the most complex of land acquisition transactions. The internal support team members for Santacruz Land Acquisitions include Robin Weber, a real estate paralegal with over twenty years of experience in closing residential and commercial real estate transactions, and Jonathan Abplanalp, a District 1 fee negotiator. PRIOR EXPERIENCE Santacruz Land Acquisitions was founded in 1992 as Santacruz Associates Ltd. and has grown to be one of the most dependable right of way negotiation firms in IDOT’s District 1. Since it opened, Santacruz Land Acquisitions has been providing comprehensive right of way solutions, including negotiation activities and the coordination of the valuations of parcels for various public agencies. We bring an array of services and broad disciplines in real estate which give us a distinct advantage in handling even the most complex of your land acquisition projects. Santacruz Land Acquisitions has delivered real estate solutions for its public agencies balancing risk management and letting dates on some of the largest and most intricate projects in the State. Exhibit A Page 41 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 8 EXHIBITS a. Pricing Schedule Exhibit A Page 42 of 43 PROPOSAL FOR LAND ACQUISITON SERVICES 9 Compensation for Services Negotiation Services Negotiation and acquisition services for Right of Way including, $2,800.00 without limitation, documentation of conveyance of property interest Consultation & Witness Services Rate for each ½ day in pretrial conference or in court for Negotiator $1,000.00 Hourly rate for consultation not otherwise specifically provided for herein $250.00 Title Services (if applicable) Later date commitment – In addition to actual recording costs + Administrative fee $25.00 Title insurance policies – In addition to actual recording costs + Administrative fee $25.00 Recording of Documents – In addition to actual recording costs + Administrative fee $25.00 Copies of recorded documents – In addition to actual copying costs & research fees + Administrative fee $25.00 Exhibit A Page 43 of 43 FIRE DEPARTMENT 405 S. River St Des Plaines, IL 60016 P: 847.391.5333 desplaines.org Date: February 7, 2018 To: Michael Bartholomew, City Manager From: Alan Wax, Fire Chief Subject: Participation in MABAS Division 3 Grant for Radios and Accountability System Issue: Division 3 of the Mutual Aid Box Alarm System (MABAS) is the fire department mutual aid organization consisting of 17 fire departments in the north and northwest suburbs, including Des Plaines. In late January, MABAS Division 3 members voted to participate in a regional federal grant application under the FEMA Assistance to Firefighters Grant (AFG) Program in order to purchase portable two-way radios and an emergency scene personnel accountability software program that utilizes those radios. As individual fire departments, obtaining this grant for this purpose would be very challenging. By applying as a MABAS Division, the Grant Committee would look favorably on this application due to its regional nature. In order to apply for this grant, one organization needs to serve as the coordinating and applying agency. The City of Evanston agreed to do so, and thus the other Division 3 members participating in the grant need to enter a Memorandum of Understanding (MOU) with Evanston. Analysis: Portable radio life expectancy is 12 to 15 years. Most of the Des Plaines Fire Department’s portable radios were originally used by the Police Department, and then transferred to the Fire Department in 2014 when the Police Department joined the Cook County radio network and was issued new County portable radios. The portable radios are currently 10 to 12 years old, and are starting to decline. In the past two years, the Fire Department has had to replace approximately ten radios due to failure. There remain about fifteen “spare” radios to replace in-service radios when the in-service radios fail. The AFG Grants notice was published by FEMA in mid-December, 2017 with a submittal deadline date of February 2, 2018. Since the notice publication, Division 3 chiefs discussed the grant, recognized the advantages to requesting this equipment and software, compiled the necessary data for the application, determined that Evanston would serve as the coordinating agency, worked with Evanston to develop the MOU, and approved moving forward with the application as a MABAS Division at the Division’s first meeting, which was held on January 25, 2018. Due to the short deadline for submittal, February 2, 2018, the MOU was signed in order to participate in the grant. The MOU was reviewed by Holland & Knight on behalf of the ten H&K clients in MABAS Division MEMORANDUM Page 1 of 12 3. H&K made some suggestions for changes to protect the members, which Evanston agreed to. I specifically note that H&K confirmed that each agency can remove themselves from the Agreement at any time prior to purchasing the radios, should an agency choose to do so. The MOU also provides that if the grant is denied by FEMA, then the MOU terminates. The equipment requested for Des Plaines under the grant costs $257K, including group purchase pricing. Under the grant rules, Des Plaines would be responsible for 10%, or approximately $25.7K. The grant also covers maintenance costs for the first two years. Following that, maintenance costs would be covered within the budget as our current portable radio maintenance costs are covered, along with an annual licensing fee of $800 for the accountability software. Grants are typically awarded six-to-nine months after the application deadline, and purchasing may occur the year following award. It is my intent to submit for Des Plaines’ 10% as part of the 2019 budget process, and then make the purchase in 2019. Should the attached Resolution not pass, or should the 10% match not be approved for the 2019 budget, then Des Plaines would withdraw from the project, and we would deal with replacing portable radios as needed over the next few years by making purchases individually as a department (unless other grant opportunities arose). Recommendation: In an effort to increase firefighter safety and reduce equipment replacement costs, I recommend approval of the Resolution ratifying entry into the MOU. Attachments: Resolution R-43-18 Resolution Exhibit A – MOU with the City of Evanston and the Other Participating Agencies Attachment 3 – Brochure of Personnel Accountability and Radio System Page 2 of 12 1 CITY OF DES PLAINES RESOLUTION R - 43 - 18 A RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON AND THE MABAS DIVISION 3 AGENCIES FOR A JOINT APPLICATION TO FEMA’S FIREFIGHTER GRANT PROGRAM. WHEREAS, the City of Des Plaines is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; 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’s Fire Department is a participating agency in Division 3 of the Mutual Aid Box Alarm System, a partnership of north suburban fire departments organized to provide mutual aid, specialized response, unique resources, and combined training (“MABAS Division 3”); and WHEREAS, the Federal Emergency Management Agency (“FEMA”) offers grants to fire departments through its Assistance to Firefighters Grant Program (“AFG Program”) to allow departments to acquire the resources needed to equip and train their emergency personnel so that they can keep the public safe from fires and fire-related hazards; and WHEREAS, the City of Evanston Fire Department and the participating agencies of MABAS Division 3 (“Participating Agencies”) have determined that their collective missions would be better served by submitting a joint application for a grant to purchase a new APX Personnel Accountability System manufactured by Motorola Solutions, Inc., of Schaumburg, Illinois, and its associated equipment (collectively, “APX System”) to FEMA’s AFG Program (“Joint Application”); and WHEREAS, in order to proceed with the Joint Application, the City of Evanston (“Evanston”) and the Participating Agencies desire to enter into a memorandum of understanding (“Memorandum of Understanding”) to set forth the terms and conditions of the submission of the Joint Application; and WHEREAS, the City’s Fire Department has determined that its public safety mission would be better served by joining Evanston and the Participating Agencies in the Joint Application for the new APX System; and WHEREAS, in support of the City’s Fire Department’s public safety mission, the City desires to ratify the Memorandum of Understanding; and Page 3 of 12Resolution R-43-18 2 WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to ratify the Memorandum of Understanding; 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 City Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: RATIFICATION OF MEMORANDUM OF UNDERSTANDING. The City Council hereby ratifies, pursuant to the City’s home rule power, the Memorandum of Understanding in the form attached to this Resolution as Exhibit A. SECTION 3: AUTHORIZATION TO EXECUTE MEMORANDUM OF UNDERSTANDING. The City Council hereby authorizes and directs, pursuant to the City’s home rule power, the City’s Fire Chief to execute and seal, on behalf of the City, the final Memorandum of Understanding between the City, the Participating Agencies, and Evanston. 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 ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Res Ratifying 2018 MOU with Evanston for MABAS Joint Radio Grant Page 4 of 12Resolution R-43-18 1 Memorandum of Understanding between the City of Evanston and Participating Agencies of MABAS Division 3 FY 2018 FEMA Assistance to Firefighter Grant Program This memorandum of understanding (MOU) will serve as an agreement between the City of Evanston and the other agencies that are signatories to this MOU, which include MABAS Division 3 Special Teams and those fire agencies in MABAS Division 3 that will be participating in the 2018 FEMA Assistance to Firefighters regional grant application for the Motorola's APX Personnel Accountability System and associated equipment. It is understood that: 1.Participating agencies agree that the City of Evanston will submit an application for funds from the 2018 FEMA Assistance to Firefighters Regional Grant on behalf of the thirteen agencies in MABAS 3. All financials and reports required under this grant will be administered by the Evanston Fire Department. 2.Participating agencies agree to meet all of the requirements of the FY 2018 Assistance to Firefighters Grant Notice and the criteria within the grant for recipients. Participating agencies warrant that they will provide all necessary information for the grant reporting within a timely manner. 3.The regional grant requires a 10% matching contribution for each participating department. The 10% contribution will be determined by the amount of equipment requested for your department in addition to an equal distribution of overall project costs. 4.Agencies must submit their 10% matching contribution to the City of Evanston prior to the order for equipment is made. Transfer of funds by the participating agencies to the Evanston Fire Department shall be made in the form of electronic funds transfer (EFT). Nothing in this section or this Agreement shall limit the ability of either party to modify this Agreement at a later date in order to provide for an alternative method(s) of payment transfer. 5.Distribution of the equipment will be completed once the radios are programmed and training is completed for your department. Equipment distribution will be completed according to the proposed equipment lists established for each department. Schedules of planned implementation will be completed upon successful awarding of the grant project. Departments shall keep proper inventory of any equipment received in excess of $5,000 in value. EXHIBIT A Page 5 of 12Resolution Exhibit A 2 6.Installation of the MDT (command terminals) is the responsibility of each individual department and is not included in the project costs. Installation of MDT will take place following the distribution and training of equipment. 7.By participation in this project, all agencies agree to use the firefighter accountability system, maintain the equipment in working order, and make recommendations for changes or improvements to the system. 8.This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, excluding its choice of law rules. In the event of a dispute hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, Cook County, Illinois. 9.No Liability to Other Parties. Each party shall be responsible for its own costs incurred in connection with the Agreement. Each party shall be responsible for resolving and reconciling its own errors, but shall not be liable to any other parties for damages of any kind as a result of errors. Each party shall be liable for the acts and omissions of its own employees and agents. The Agreement does not confer any rights or benefits on any third party. 10. This MOU constitutes the entire agreement between the Parties pertaining to the subject matter in this MOU, and it supersedes all prior and contemporaneous agreements and understandings, whether oral or written, of the Parties. 11. If any provision of this MOU or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this MOU that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this MOU is severable. 12. Any amendment to this MOU must be in writing and approved by the parties. 13. Point of Contract: The point of contact for this Agreement is: Brian Scott, Fire Chief Evanston Fire Department 909 Lake Street Evanston, IL 60201 bscott@cityofevanston.org 847.866.5924 14. This MOU shall be interpreted, construed and governed in accordance with the City Code and the laws of the State of Illinois. 15. This MOU has been carefully and fully read by the Parties, who understand its contents and are satisfied with the MOU herein mentioned and the same shall be binding upon and inure to the benefit of the Parties’ agents, officers, directors, shareholders, and employees respectively. Page 6 of 12Resolution Exhibit A 3 16. This MOU will be deemed effective as of the date of the last signature below. 17.This MOU shall automatically terminate in the event that the application for funds from the 2018 FEMA assistance to Firefighters Regional Grant is denied. IN WITNESS WHEREOF, the Parties agree to the above terms and have executed this Memorandum of Understanding as the last date written below: For the Evanston Fire Department Signature Printed Name and Rank Date: For the Morton Grove Fire Department Signature Printed Name and Rank Date: For the Northfield Fire Department Signature Printed Name and Rank Date: For the Winnetka/Kenilworth Fire Department Signature Printed Name and Rank Date: For the Northbrook Fire Department Signature Printed Name and Rank Date: Page 7 of 12Resolution Exhibit A 4 For the North Main FPD Signature Printed Name and Rank Date: For the Prospect Heights FPD Signature Printed Name and Rank Date: For the Lincolnwood Fire Department Signature Printed Name and Rank Date: For the Des Plaines Fire Department Printed Name and Rank Signature Date: For the Wilmette Fire Department Signature Printed Name and Rank Date: Page 8 of 12Resolution Exhibit A 5 For the Glenview Fire Department Signature Printed Name and Rank Date: For the Niles Fire Department Signature Printed Name and Rank Date: For the Highland Park Fire Department Signature Printed Name and Rank Date: For the Skokie Fire Department Signature Printed Name and Rank Date: For the MABAS D3 Special Teams Signature Printed Name and Rank Date: Page 9 of 12Resolution Exhibit A P a g e 1 0 o f 1 2 A t t a c h m e n t 3 P a g e 1 1 o f 1 2 A t t a c h m e n t 3 P a g e 1 2 o f 1 2 A t t a c h m e n t 3 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: February 2, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: Bid Notice for Contract 62267 - Des Plaines River Road Reconstruction, Phase III Henry Avenue to Rand Road, with the Illinois Department of Transportation Issue: Plans and specifications for Contract 62267 - Des Plaines River Road Reconstruction, Phase III (Henry Avenue to Rand Road) project is nearing completion. They will be ready for bid within the coming weeks. Project Name: Contract 62267- Des Plaines River Road Reconstruction – Phase III LOCATION LIMITS ACTIVITY Des Plaines River Road Henry — Rand Reconstruction Analysis: The activity descriptions for the proposed work are as follows: •Road reconstruction project to include replacement and widening of pavement and base, replacement of curb and gutter, driveway aprons and various sidewalk, and re-grading of parkways. •The pavement reconstruction and pavement widening will provide continuous two 10.5’ and variable width through lanes in each direction separated by thermoplastic pavement marking complete with 11’ left turn lanes at various intersections. •Also to include highway lighting, new storm sewer installation, and sidewalk replacement. •Traffic signals will be modernized at all the intersections from Miner Street to Rand Road complete with emergency vehicle preemption. •New Water main will be installed as part of this project for the length of the improvement. Water main projects include the installation of new water mains and connection of individual water services to the new main. Recommendation: We recommend the Des Plaines River Road Reconstruction – Phase III (Henry Avenue to Rand Road) be advertised for bid. Funding will be from budgeted funds: Grant Funded Projects Fund, Capital Projects Fund and Water Fund MEMORANDUM Page 1 of 1 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: January 23, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering Subject: Bid Notices for 2018 CIP Concrete Improvements - MFT-18-00000-01-GM, 2018 CIP Street & Utility Improvements - Contract A, 2018 CIP Street & Utility Improvements - Contract B, 2018 CIP Street & Utility Improvements - Contract C and 2018 Street Sign Replacement Program Issue: Plans and specifications for five 2018 Capital Improvement Program (CIP) projects are nearing completion. They will be ready for bid within the coming weeks. Project Name: 2018 CIP Concrete Improvements- MFT-18-00000-01-GM LOCATION LIMITS ACTIVITY Laurel Avenue/Graceland Avenue Marion—Thacker Alley Reconstruction Oakwood Avenue/Walnut Avenue White—Walnut Alley Reconstruction Various Various Curb Replacement Various Various Sidewalk Replacement Project Name: 2018 CIP, Contract A LOCATION LIMITS ACTIVITY Birch Street Howard—Welwyn Rehabilitation, 8” Water Main Cedar Street Touhy—Jarvis Rehabilitation, 8” Water Main Fox Lane Joseph—Craig Rehabilitation, 8” Water Main Parkwood Lane Rusty—Estes Rehabilitation, 8” Water Main Scott Street Jarvis—Touhy Reconstruction, 8” Water Main Westview Drive Touhy—Jarvis Rehabilitation, 8” Water Main Sprucewood Avenue Birchwood—Jarlath Rehabilitation, 8” Water Main Shagbark Drive River—South Dead End Rehabilitation, 8” Water Main Fifth Avenue South Forest—Oakton Rehabilitation, 8” Water Main MEMORANDUM Page 1 of 2 Project Name: 2018 CIP, Contract B LOCATION LIMITS ACTIVITY Stratford Road State—Princeton Reconstruction, 12” Water Main, Storm Sewer Walnut Court Southwest Pl—Dead End Reconstruction, 8” Water Main, Storm Sewer Grant Drive East Southeast Pl—Northwest Pl Reconstruction, 8” Water Main, Storm Sewer King Lane Beau—Munroe Rehabilitation Clark Lane Dempster—Walnut Reconstruction Van Buren Avenue Margret—Lee Reconstruction, 8” Water Main Project Name: 2018 CIP, Contract C LOCATION LIMITS ACTIVITY Various Citywide Resurface Project Name: 2018 Street Sign Replacement Program LOCATION LIMITS ACTIVITY Various Ward 4 and a small portion of Ward 3 Street Sign Replacement Analysis: The activity descriptions for the proposed work are as follows: • Alley reconstruction projects consist of removing existing pavement and constructing porous concrete pavement. • Street reconstruction projects include replacement and widening of pavement and base, replacement of curb and gutter, driveway aprons and various sidewalk, and re-grading of parkways. • Street rehabilitation projects (for streets with existing curb and gutter) include replacement of pavement, driveway aprons, and various curbs, and repair of trip hazardous sidewalk. • Street rehabilitation projects (for streets without existing curb and gutter) include replacement and widening of pavement, replacement of driveway aprons, repair of trip hazardous sidewalk, and re- grading of drainage swales. No new curb and gutter will be constructed. • Street resurface projects consist of replacing only the surface layer of the asphalt pavement. • Storm sewer projects include the installation of new storm sewers. • Water main projects include the installation of new water mains and connection of individual water services to the new main. Water services will be interrupted at various times and locations. Recommendation: We recommend the following projects be advertised for bid: 1) 2018 CIP Concrete Improvements - MFT-18-00000-01-GM. Budgeted Funds -Motor Fuel Tax Fund and Capital Projects Fund 2) 2018 CIP Street & Utility Improvements - Contract A Budgeted Funds - Capital Projects Fund and Water Fund 3) 2018 CIP Street & Utility Improvements - Contract B Budgeted Funds – Capital Projects Fund and Water Fund 4) 2018 CIP Street & Utility Improvements - Contract C Budgeted Funds – Capital Projects Fund 5) 2018 Street Sign Replacement Program Budgeted Funds – Capital Projects Fund Page 2 of 2 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: January 25, 2018 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Community and Economic Development Director Johanna Bye, AICP, Senior Planner Subject: Major Variations for 1233 Webster Lane, 17-094-V (3rd Ward) Issue: This item originally went before the Council on December 4, 2017 and was deferred to allow the applicant and City Staff to investigate and discuss compliance with current building codes. It has been determined that the structure needs to be detached from the garage and new footings installed to be in compliance with the Building Code. The petitioner is now requesting Major Variations from Sections 12-8-1.C.3 and 12-8-1.C.5 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow an accessory structure of 252 square feet, when the maximum allowed is 150 square feet, and to allow a setback of 4’6”, when a 5’ setback is required, for a shed. Analysis: Address: 1233 Webster Lane Owners: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Petitioner: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Case Number: 17-094-V Real Estate Index Number: 09-20-310-004-0000 Ward: #3, Alderman Denise Rodd Existing Zoning R-1 Single-Family Residential Existing Land Use Residential MEMORANDUM Page 1 of 24 Surrounding Zoning North: R-1 Single-Family Residential South: R-1 Single-Family Residential East: R-1 Single-Family Residential West: R-1 Single-Family Residential Surrounding Land Use North: Residential South: Residential East: Residential West: Residential Street Classification Webster Lane is a local street Comprehensive Plan Residential – Traditional Single Family is the recommended use of the property Project Description The petitioner, Anthony Danno, is requesting two variances for a garage addition built without benefit of a permit. The addition extends 12’ off the rear of the existing garage and is 21’ wide, for a total of 252 square feet. The addition required a variation for the total area of the detached garage (a maximum of 720 square feet is permitted; 791 square feet was constructed) and the setback from the side lot line (5’ is required; the addition has a setback of 4’6”). To be in compliance with the Building Code, the addition needs to be detached from the garage and additional foundation supports installed. Once detached, the structure will be considered a shed. As a result, two different variations are required: 1) to allow an accessory shed structure of 252 square feet, when the maximum allowed is 150 square feet, and 2) to allow a setback of 4’6”, when a 5’ setback is required, for a shed. A new building permit will be required for this work. Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: 1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: The petitioner has stated that the area the shed was built in is unusable space and not visible from the home. The plan to build this storage area came about after viewing the home and the condition the previous owners left the area, stating that it was severely overgrown with bushes and weeds and had a dilapidated storage area that was unsafe and unusable. The petitioner built the shed to blend with the existing detached garage. 2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Page 2 of 24 Comment: The petitioner has stated that the area where the shed was built is unusable space. It is not visible from the home, the street or most of the other areas of the yard, and as a result, it would not be a safe place to have children playing. 3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: The petitioner has stated that they purchased the home in May 2017. They are aware of a second-story addition to the property from 2003. Staff would like to point out that this addition required a variation for front-yard setback. Additionally, the property received a variation for the setback of a new detached garage (the current garage) in 2007. This garage was to have a 4’ setback from the side property line; however, as the plat of survey shows, it was actually built with a 3’5” setback. 4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: The petitioner has stated that since the home does not have a basement, additional storage in the form of a shed was needed. The petitioner has stated that they would like an area to keep their personal items safe and protected, as other homes in the neighborhood do. 5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Comment: The petitioner has stated that the variations requested are the minimum required in order to create the safe, protected area to store personal items. 6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: The petitioner has stated that the shed has been constructed to withstand weather conditions and to last a long time. The structure was built to match the existing detached garage so that it be visually appealing to anyone that can see it and was built in an area that very few neighbors can see. Planning and Zoning Board Review: The Planning and Zoning Board met on November 14, 2017 to consider the Major Variations. The petitioner explained the proposal and stated that the 12’ by 21’ garage addition was constructed without a permit, as he was unaware one was needed. He stated that the home does not have a basement, and that additional storage is needed. No members of the public spoke in support or opposition of the proposal, but the neighbor to the south at 1243 Webster Lane wrote a letter to the Planning and Zoning Board to state that he was in support of the garage addition and would like it to remain. The Planning and Zoning Board, after having heard and fully considering the evidence, recommended (6-0) that the City Council approve the Major Variations at 1233 Webster Lane. Page 3 of 24 Recommendations: I recommend approval of Ordinance Z-31-17 approving Major Variations from Section 12-8-1 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow an accessory structure of 252 square feet, when the maximum allowed is 150 square feet, and to allow a setback of 4’6”, when a 5’ setback is required, for a shed, subject to the following conditions: Conditions: 1. The petitioner remove all other accessory structures from the property. 2. Detach the structure from the garage and install additional foundation supports approved by the City’s Building Official. 3. Obtain all necessary Building Permits. Pursuant to Sections 12-3-6(G) of the Zoning Ordinance, the City Council has the authority to approve, approve with modifications, or disapprove the application. It is requested that this item be placed on the Committee of the Whole agenda at the February 5, 2018 City Council meeting. JB/jb Attachments: Attachment 1: Petitioner’s Variation Application Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Letter from Planning & Zoning Board to the Mayor Attachment 5: Minutes of the November 14, 2017 Planning & Zoning Board hearing Exhibits: Ordinance Z-31-17 Approving Major Variations from Section 12-8-1 of the City of Des Plaines Zoning Ordinance at 1233 Webster Lane. Exhibit A: Plat of Survey and Site Plan prepared by Nekola Survey, Inc., and dated April 18, 2017. Exhibit B: Construction Plan prepared by Alex Franco and dated December 27, 2017. Page 4 of 24 Attachment 1 Page 5 of 24 Attachment 1 Page 6 of 24 Attachment 1 Page 7 of 24 Attachment 1 Page 8 of 24 Attachment 1 Page 9 of 24 Attachment 1 Page 10 of 24 Attachment 2 Page 11 of 24 1233 Webster Lane – Public Notice 1233 Webster Lane – Looking East at Across Good Avenue 1233 Webster Lane – Looking East Towards Rear of Lot 1233 Webster Lane – Looking East at Lot from Edward Court A t t a c h m e n t 3 P a g e 1 2 o f 2 4 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org November 15, 2017 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, 1233 Webster Lane, 17-094-V, 3rd Ward RE: Consideration of Major Variations at 1233 Webster Lane Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on November 14, 2017, to consider Major Variations from Section 12- 8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required, at 1233 Webster Lane in the R-1 Single-Family Residential District. 1.The petitioners presented the proposal for the garage addition and clarified that it has already been constructed, without benefit of a permit. The petitioners stated that they do not have a basement and needed additional storage on their property. They stated that the addition to the rear of the existing detached garage was a logical choice as this area was unusable and out of sight from the main house. 2.The Community and Economic Development Department recommended denial of the requested variations. 3.No members of the public spoke in support or opposition of the proposal. However, Senior Planner Bye did read a letter from the neighbor to the south, who let the Planning and Zoning Board know that he did not object to the addition and supports it remaining. 4.The Planning and Zoning Board recommended (6-0) that the City Council approve the Major Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required, at 1233 Webster Lane, subject to the following condition: the petitioner remove all other accessory structures from the property. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials Aldermen Attachment 4 Page 13 of 24 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 16 3. Address: 1233 Webster Lane Case 17-094-V The petitioner is requesting Major Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required. PIN: 09-20-310-004-0000 Petitioner: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Owner: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Chairman Szabo swore in Anthony Danno & Kari Sroka, 1233 Webster Lane, Des Plaines, IL. Ms. Sroka advised they are proposing a shed attached to the garage, in line with current garage; will match siding and trim color. Board Member Catalano asked: o Staff what the allowable size of an accessory structure is. Senior Planner Bye responded – 150 ft. o if Petitioner has spoken to the neighbors. Mr. Danno advised they spoke to the neighbors on both sides, and they have no objections. o who built this. Mr. Danno advised – he did and is a pipe-fitter Chairman Szabo asked if there is a basement. Mr. Danno advised – there is not. Board Member Hofherr stated/asked: o there is a window on the upper level of the garage. Is this living quarters? Mr. Danno advised – no, it’s just a loft o if Petitioner has owned the house for roughly 6 months. Mr. Danno advised – yes Board Member Catalano asked what the dimensions of the shed are. Mr. Danno replied – 12’x21’, roughly. Board Member Saletnik asked if this is at the easement line – 10 ft. from end of lot. Mr. Danno stated it is. Board Member Hofherr asked: o if this was constructed without a permit. Mr. Danno apologized, stating he did not know a permit was required. Chairman Szabo stated a pipe fitter is not like a plumber. o if Petitioner was issued a citation. Mr. Danno stated – no. Board Member Catalano asked why Petitioner is here. Mr. Danno stated he was notified by the City. Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting Major Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required. Attachment 5 Page 14 of 24 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 17 Analysis: Address: 1233 Webster Lane Owners: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Petitioner: Anthony Danno, 1233 Webster Lane, Des Plaines, IL 60018 Case Number: 17-094-V Real Estate Index Number: 09-20-310-004-0000 Ward: #3, Alderman Denise Rodd Existing Zoning R-1 Single-Family Residential Existing Land Use Residential Surrounding Zoning North: R-1 Single-Family Residential South: R-1 Single-Family Residential East: R-1 Single-Family Residential West: R-1 Single-Family Residential Surrounding Land Use North: Residential South: Residential East: Residential West: Residential Street Classification Webster Lane is a local street Comprehensive Plan Residential – Traditional Single Family is the recommended use of the property Project Description The petitioner, Anthony Danno, is requesting two variations for an addition to an existing detached garage at 1233 Webster Lane. The property is approximately 7,150 square feet and is currently improved with a two-story, single-family detached home with a footprint of 1,262 square feet and a detached garage of 539 square feet. The petitioner proposes a garage addition that puts the total garage area over what is permitted for a detached garage and that encroaches into the required 5’ side-yard setback. Please note that the proposed garage addition has already been constructed, without benefit of a permit. The addition extends 12’ off the rear of the existing detached garage and is 21’ wide, for a total of 252 square feet. The addition puts the total garage area at 791 square feet, when 720 square feet is the maximum permitted. Additionally, the garage addition has a setback of 4’6”, when a 5’ setback is required. Attachment 5 Page 15 of 24 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 18 Variation Findings Variation requests are subject to the standards set forth in Section 12-3-6(H) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: 1. Hardship: No variation shall be granted pursuant to this subsection H unless the applicant shall establish that carrying out the strict letter of the provisions of this title would create a particular hardship or a practical difficulty: Comment: The petitioner has stated that the area the garage addition was built in is unusable space and not visible from the home. The plan to build this storage area came about after viewing the home and the condition the previous owners left the area, stating that it was severely overgrown with bushes and weeds and had a dilapidated storage area that was unsafe and unusable. The petitioner built the garage addition to blend with the existing detached garage. 2. Unique Physical Condition: The subject lot is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conforming or nonconforming; irregular or substandard shape or size; exceptional topographical features; or other extraordinary physical conditions peculiar to and inherent in the subject lot that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot: Comment: The petitioner has stated that the area where the garage addition was built is unusable space. It is not visible from the home, the street or most of the other areas of the yard, and as a result, it would not be a safe place to have children playing. 3. Not Self-Created: The aforesaid unique physical condition is not the result of any action or inaction of the owner or its predecessors in title and existed at the time of the enactment of the provisions from which a variance is sought or was created by natural forces or was the result of governmental action, other than the adoption of this title: Comment: The petitioner has stated that they purchased the home in May 2017. They are aware of a second-story addition to the property from 2003. Staff would like to point out that this addition required a variation for front-yard setback. Additionally, the property received a variation for the setback of a new detached garage (the current garage) in 2007. This garage was to have a 4’ setback from the side property line; however, as the plat of survey shows, it was actually built with a 3’5” setback. 4. Denied Substantial Rights: The carrying out of the strict letter of the provision from which a variance is sought would deprive the owner of the subject lot of substantial rights commonly enjoyed by owners of other lots subject to the same provision: Comment: The petitioner has stated that since the home does not have a basement, additional storage in the form of a garage addition was needed. The petitioner has stated that they would like an area to keep their personal items safe and protected, as other homes in the neighborhood do. 5. Not Merely Special Privilege: The alleged hardship or difficulty is neither merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot: Attachment 5 Page 16 of 24 Case #17-095-SUB-V 481 Edward Ct. Tentative & Final Plat of Subdivision & Variations Case #17-094-V 1233 Webster Lane Variations Case #17-093-CU 1017 Graceland Avenue Conditional Use Permit Case #17-089-V 943 Walter Avenue Variations November 14, 2017 Page 19 Comment: The petitioner has stated that the variations requested are the minimum required in order to create the safe, protected area to store personal items. 6. Title And Plan Purposes: The variation would not result in a use or development of the subject lot that would be not in harmony with the general and specific purposes for which this title and the provision from which a variation is sought were enacted or the general purpose and intent of the comprehensive plan: Comment: The petitioner has stated that the garage addition has been constructed to withstand weather conditions and to last a long time. The structure was built to match the existing detached garage so that it be visually appealing to anyone that can see it and was built in an area that very few neighbors can see. Recommendation: I recommend denial of the Major Variations from Section 12-8-1(C) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a detached garage of 791 square feet, when a maximum of 720 square feet is permitted, and to allow an addition to an existing detached garage with a setback of 4’6”, when a 5’ setback is required. Plan & Zoning Board Procedure: Under Sections 12-3-6(G)2 (Procedure for Review and Decision for Variations) of the Zoning Ordinance, the Planning & Zoning Board may vote to recommend approval, approval with modifications, or disapproval of the proposed variations. The City Council has final authority over the variations requested. Chairman Szabo advised the Petitioner to potentially install an impervious-paving system. Chairman Szabo noted the 10-ft. easement comment is an excellent point. Board Member Saletnik asked if Petitioner is just going along the existing building. Mr. Danno advised – yes. Senior Planner Bye asked if the two existing sheds would be removed. Mr. Danno stated – yes. Chairman Szabo asked if anyone in the audience is in favor or objects to this proposal. No one responded. Senior Planner Bye read a letter from neighbor, Stephen Houdek who resides at 1243 Webster Lane. Mr. Houdek is in support of the addition remaining. A motion was made by Board Member Schell, seconded by Board Member Catalano, to recommend approval to City Council with Staff’s Conditions as presented. AYES: Schell, Catalano, Hofherr, Bader, Saletnik, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be provided to City Council. CALENDAR A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to accept the 2018 Proposed PZB Calendar. On a voice vote, the motion carried unanimously. Attachment 5 Page 17 of 24 1 CITY OF DES PLAINES ORDINANCE Z - 31 - 17 AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 12-8-1 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1233 WEBSTER LANE, DES PLAINES, ILLINOIS (CASE #17-094-V). WHEREAS, Anthony Danno (“Petitioner”) is the owner of the property commonly known as 1233 Webster Lane, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located in the R-1, Single-Family Residential District of the City (“R-1 District”); and WHEREAS, the Subject Property is currently improved with a two-story single-family detached home and a detached garage (“Garage”); and WHEREAS, the City of Des Plaines Zoning Ordinance of 1998, as amended, is codified as Title 12 of the City Code of the City of Des Plaines (“Zoning Ordinance”); and WHEREAS, pursuant to Section 12-8-1.C.3 of the Zoning Ordinance, in the R-1 District, the minimum side yard setback for an accessory structure is five feet; and WHEREAS, pursuant to Section 12-8-1.C.5 of the Zoning Ordinance, where a lot contains an attached accessory garage, the maximum square footage of the second accessory structure is 150 square feet; and WHEREAS, the Petitioner desires to construct a 252 square-foot accessory shed structure with a side yard setback of 4’6” (“Structure”), in violation of the Zoning Ordinance; and WHEREAS, the Petitioner submitted an application for the Structure to the City of Des Plaines Department of Community and Economic Development (“Department”) for (i) a major variation from Section 12-8-1.C.3 of the Zoning Ordinance to allow the Structure to be located 4’6’’ from the lot line when a 5’ setback is required; and (ii) a major variation from Section 12-8- 1.C.5 the Zoning Ordinance to allow the 252 square-foot Structure when a maximum area of 150 square feet is permitted (collectively, (i) and (ii) are the “Variations”); and WHEREAS, the Petitioner's application for the Variations was referred by the Department, within 15 days after its receipt, to the Planning and Zoning Board of the City of Des Plaines ("PZB"); and WHEREAS, within 90 days after the date of Petitioner's application, a public hearing was held by the PZB on November 14, 2017, pursuant to publication of notice in the Des Plaines Journal on October 27, 2017; and Page 18 of 24 2 WHEREAS, notice of the public hearing was mailed to all owners of property located within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the PZB heard competent testimony and received evidence with respect to the Petitioner's application for the Variations; and WHEREAS, on November 15, 2017, the PZB filed a written report with the City Council summarizing the testimony received by the PZB and stating that the PZB’s motion to recommend approval of the Variations passed by a vote of 6-0; and WHEREAS, the Petitioner made representations to the PZB with respect to the requested Variations, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting the Variations subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the PZB, the applicable standards set forth in the Zoning Ordinance, and the Staff Memorandum dated January 25, 2018, including its exhibits, which form part of the basis for this Ordinance; NOW THEREFORE BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting part of the factual basis for this Ordinance granting the Variations. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: LOT 4 IN BLOCK ONE (1) IN HERZOG AND KUNTZE’S SUBDIVISION OF LOT EIGHT (8) IN CARL LAGERHAUSEN’S ESTATE DIVISION IN THE SOUTHWEST QUARTER (1/4) OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO PLAT DOCUMENT NO. 1388466. PIN: 09-20-310-004-0000. Commonly known as 1233 Webster Lane, Des Plaines, Illinois. SECTION 3. VARIATIONS. The City Council finds that the Variations satisfy the standards set forth in Section 12-3-6.H of the Zoning Ordinance and, pursuant to the City's home Page 19 of 24 3 rule powers, finds that the Variations are otherwise necessary and appropriate. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this Ordinance, the City Council hereby grants the Variations for the Subject Property to the Petitioner. SECTION 4. CONDITIONS. The Variations granted in Section 3 of this Ordinance shall be, and are expressly subject to and contingent upon the conditions, restrictions, and limitations set forth in this Section 4. A. Compliance With Plans. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following plans, except for minor changes and site work approved by the Director of the Department of Community and Economic Development in accordance with applicable City codes, ordinances, and standards: 1. That certain “Plat of Survey and Site Plan” consisting of one sheet, prepared by Nekola Survey, Inc., and dated April 18, 2017, attached to and, by this reference, made part of this Ordinance as Exhibit A (“Site Plan”); and 2. That certain “Construction Plan” consisting of one page, prepared by Alex Franco, and dated December 27, 2017, attached to and, by this reference, made a part of this Ordinance as Exhibit B (“Garage Details”). B. Removal of Other Accessory Structures. Petitioner must remove all accessory structures, other than the approved shed structure and existing detached garage, from the Subject Property. SECTION 5. EFFECT. This Ordinance authorizes the use and development of the Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that any might conflict. The terms and conditions of this Ordinance shall be binding upon Petitioner, its grantees, assigns and successors in interest Page 20 of 24 4 to the Subject Property. SECTION 6. LIMITATIONS. The Variations shall be valid for not more than 12 months prior to the issuance of a building permit and the commencement of construction in accordance with the terms and conditions of this Ordinance. The Zoning Administrator may extend the Variations if the Petitioner requests an extension in accordance with Section 12-3-6.L of the Zoning Ordinance. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law; provided, however, that this Ordinance shall not take effect unless and until a true and correct copy of this Ordinance is executed by the Owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance. Such execution shall take place within 60 days after the passage and approval of this Ordinance or within such extension of time as may be granted by the City Council by motion and delivered directly to the City Clerk. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] Page 21 of 24 5 PASSED this day of , 2018. APPROVED this day of , 2018. VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2018. CITY CLERK Peter M. Friedman, General Counsel I, ____________________________________, being the owner or other party in interest of the property, legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the subject property in accordance with the terms of this Ordinance. Dated: (Signature) By its authorized representative DP-Ordinance Approving Major Variations for 1233 Webster Lane (Accessory Structures) Page 22 of 24 Ex h i b i t A Page 23 of 24 E x h i b i t B P a g e 2 4 o f 2 4 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, FEBRUARY 5, 2018 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Bogusz at 6:02 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, February 5, 2018. ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Chester, Smith and Charewicz. Absent: Brookman CLOSED SESSION: Moved by Sayad, seconded by Rodd, to enter into Closed Session to discuss Collective Bargaining, Probable Litigation, Acquisition of Property, Sale of Property and Personnel and Pending Litigation. Upon roll call, the vote was: Alderman Brookman arrived to the meeting. AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. The City Council recessed at 6:03 p.m. The City Council re-convened at 7:04 pm. Roll call indicated the following Aldermen present: Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski, Director of Public Works and Engineering Oakley, Director of Community and Economic Development McMahon, Fire Chief Wax, Police Chief Kushner, and General Counsel Friedman. PRAYER AND PLEDGE: The prayer was given by a member of the Bahai Community, followed by the Pledge of Allegiance to the Flag of the United States of America. CITIZEN PARTICIPATION: Mr. and Mrs. Armstrong introduced themselves as new residents and PACE ADA Advisory committee members. Ms. Rhonda Popko provided information on the Des Plaines Arts Council Scholarship Program and an Open Forum to share ideas for art programming which will be held at the Frisbie Center on February 15, 2018, 4:30 – 5:30 pm. Mr, Wayne Serbin suggested that acquisition of the Des Plaines Theatre be placed on a ballot as a referendum question. Page 2 of 8 02/05/18 SWEARING-IN CEREMONY: Police Chief Kushner introduced new Police Officer Adam Sweeney. Mayor Bogusz administered the Official Oath and welcomed Mr. Sweeney to the Department. PRESENTATION: Police Chief Kushner presented A Life Saving Award to Police Officer Kevin Zerbe for his heroic actions during a recent house fire. CONSENT AGENDA: Moved by Rodd, seconded by Brookman, to establish the Consent Agenda. Motion declared carried. Moved by Sayad, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. Closed Session Minutes were approved; Requests were approved; Resolution R-22-18, R-23-18, R-24-18, R-25-18, R-27-18, R-28-18, R-29-18, R-32-18 were adopted. APPROVE PURCHASE/ POLICE DEPARTMENT ONE FORD F-150 TRUCK/ ROESCH FORD: Consent Agenda Resolution R-22-18 Moved by Sayad, seconded by Brookman, to Approve the Purchase of One (1) Ford F-150 through the Suburban Purchasing Cooperative from Roesch Ford Commercial Truck Center, 333 W. Grand Avenue, Bensenville, IL in an Amount Not-to-Exceed $35,235.00. Purchase to be Funded by State Forfeiture Fund; and further recommend to adopt Resolution R-22-18, A RESOLUTION AUTHORIZING THE PURCHASE OF ONE FORD F-150 FROM ROESCH FORD COMMERCIAL TRUCK CENTER. Motion declared carried as approved under Consent Agenda. APPROVE FUEL PURCHASE/ GAS DEPOT OIL COMPANY: Resolution R-23-18 Moved by Sayad, seconded by Brookman, to Approve the Purchase of Unleaded Gasoline and Diesel Fuel from Gas Depot Oil Company, 8930 N. Waukegan Road, Suite 230, Morton Grove, IL. Budgeted Funds – General/Vehicle Maintenance/Gasoline and Diesel Funds in the Amount of $275,000/$120,000, respectively, Water/Gasoline and Diesel Funds in the Amounts of $45,000/$12,000, respectively, and Sewer/Gasoline and Diesel Funds in the Amounts of $24,000/$10,000, respectively; and further recommend to adopt Resolution R-23-18, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER A CONTRACT WITH GAS DEPOT OIL COMPANY, FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL. Motion declared carried as approved under Consent Agenda. AWARD BID/ US RT. 12/45 IMROVEMENTS/ ORANGE CRUSH: Moved by Sayad, seconded by Brookman to Award Bid for U.S. Route 12/45 (Mannheim Road) Roadway and Street Lighting Improvements Project to Lowest Responsible Bidder Orange Crush, LLC in the Amount of $422,841. Budgeted Funds – TIF #7; and further recommend to adopt Resolution R-24-18, A Page 3 of 8 02/05/18 Consent Agenda (Cont.) Resolution R-24-18 RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH ORANGE CRUSH, LLC FOR THE 2018 TIF #7 U.S. ROUTE 12/45 ROADWAY AND STREET LIGHTING IMPROVEMENTS. Motion declared carried as approved under Consent Agenda. AUTHORIZE REDUCTION OF BOND/ BUCKINGHAM PLACE DEV./ 800 NORTHWEST HWY: Consent Agenda Resolution R-25-18 Moved by Sayad, seconded by Brookman, to Authorize the Reduction of Subdivision Improvement Bond for the Buckingham Place Development, 800 Northwest Highway, from $3,642,527.50 to $491,509.77; and further recommend to adopt Resolution R-25-18, A RESOLUTION APPROVING THE REDUCTION OF THE PUBLIC IMPROVEMENT BOND FOR BUCKINGHAM PLACE DEVELOPMENT. Motion declared carried as approved under Consent Agenda. APPROVE PAYMENT/JOHN NERI CONSTRUCTION/ EMERGENCY WATER MAIN REPAIRS: Resolution R-26-18 Alderman Robinson removed this item for discussion. Director of Public Works and Engineering Oakley answered questions from the Aldermen. Staff will prepare recommendations which will allow all eligible contractors the opportunity to bid on contracts and prepare Bid Specifications for emergency water main break repairs. Moved by Brookman, seconded by Robinson, to authorize the payment of Emergency Services Invoices from John Neri Construction Company, Inc., 770 Factory Road, Addison, IL in the amount of $79,029.16 and not approve the $20,970.84 additional funds for services on an as-needed basis. Upon roll call, the vote was: AYES: 7-Lysakowski, Robinson, Sayad Brookman, Chester, Smith, Charewicz NAYS: 1-Rodd ABSENT: 0-None Motion declared carried. APPROVE METER READING CONTRACT/RICK MAN CONTRACT SERVICES: Consent Agenda Resolution R-27-18 Moved by Sayad, seconded by Brookman, to Approve 2018 Expenditure of Meter Reading Contract with Rickman Contract Services, Inc., 608 9th Avenue, La Grange, IL. Budgeted Funds – Water Fund/Administrative Services in a Not- to-Exceed Amount of $86,000; and further recommend to adopt Resolution R-27-18, A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER AN AGREEMENT WITH RICKMAN CONTRACT SERVICES, INC., FOR WATER METER READING SERVICES. Motion declared carried as approved under Consent Agenda. Page 4 of 8 02/05/18 APPROVE AGMT. WITH IDOT/BALLARD ROAD SIDE-PATH PROJECT AND TO3 WITH SPACECO: Consent Agenda Resolution R-28-18 Moved by Sayad, seconded by Brookman, to Approve Local Agency Agreement for Federal Participation with the Illinois Department of Transportation (IDOT) with a Local Match for the Ballard Road Side-Path Project Not-to-Exceed $107,135 and Approve Task Order No. 3 between the City and SpaceCo, Inc., 9575 West Higgins Road, Rosemont, IL for Construction Engineering Services in a Not-to-Exceed Amount of $42,190; and further recommend to adopt Resolution R-28-18, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT AND TASK ORDER NO. 3 WITH SPACECO, INC., FOR ENGINEERING SERVICES IN CONNECTION W ITH THE BALLARD ROAD SIDE-PATH. Motion declared carried as approved under Consent Agenda. APPROVE FUNDING AGMT. WITH IDOT/LEE AT FOREST TRAFFIC SIGNAL PROJECT: Consent Agenda Resolution R-29-18 Moved by Sayad, seconded by Brookman, to Approve Local Public Agency Agreement for Federal Participation with the Illinois Department of Transportation (IDOT) with a Local Match Not-to-Exceed $160,000 for the Lee Street at Forest Avenue Traffic Signalization Project and Right-of-Way Acquisition Grant Agreement. Budgeted Funds – Capital; and further recommend to adopt Resolution R-29-18, A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY AGREEMENT WITH IDOT IN CONNECTION WITH THE LEE-FOREST SIGNALIZATION PROJECT. Motion declared carried as approved under Consent Agenda. APPROVE LICENSE RIGHTS /OAKTON COMM. COLLEGE AND CITY ENTRANCE RIGHTS/ INSTALLATION OF A NEW WATER MAIN: Consent Agenda Resolution R-32-18 Moved by Sayad, seconded by Brookman, to Approve Agreement for Limited Assignment of License Rights with the Forest Preserve of Cook County and Oakton Community College Allowing the City Entrance Rights in Connection with the Installation of a New Water Main at 1600 E. Golf Road, Des; and further recommend to adopt Resolution R-32-18, A RESOLUTION AUTHORIZING THE EXECUTION OF A LIMITED ASSIGNMENT OF LICENSE RIGHTS WITH THE FOREST PRESERVE DISTRICT OF COOK COUNTY AND OAKTON COMMUNITY COLLEGE. Motion declared carried as approved under Consent Agenda. AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/THREE 5- TON TRUCKS: Moved by Sayad, seconded by Brookman, to Authorize the City Clerk to Advertise for Bid the Purchase of Three 5-Ton Trucks per Specifications. Motion declared carried as approved under Consent Agenda. AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/2018 PURCHASE OF Moved by Sayad, seconded by Brookman, to Authorize the City Clerk to Advertise for Bid the 2018 Contract 2018 Sewer Lining Project for the Purchase of Hot Mix Asphalt. Motion declared carried as approved under Consent Agenda. Page 5 of 8 02/05/18 (Cont.) HOT MIX ASPHALT: AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/2018 SEWER LINING PROJECT: Moved by Sayad, seconded by Brookman, to Authorize the City Clerk to Advertise for Bid the 2018 Sewer Lining Project. Motion declared carried as approved under Consent Agenda. AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/ DEWATERING PUMP EQUIPMENT: Moved by Sayad, seconded by Brookman, to Authorize the City Clerk to Advertise for Bid the Purchase of Six-Inch Dewatering Pump Equipment. Motion declared carried as approved under Consent Agenda. AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/ LANDSCAPE MAINTENANCE: Moved by Sayad, seconded by Brookman, to Authorize the City Clerk to Advertise for Bid the 2018 Contract for Landscape Maintenance for City Maintained Greenspace. Motion declared carried as approved under Consent Agenda. AUTHORIZE CITY CLERK TO ADVERTISE FOR BID/ NUISANCE ABATEMENT AND REFUSE REMOVAL: Moved by Sayad, seconded by Brookman, to Authorize the City Clerk to Advertise for Bid the 2018 Nuisance Abatement and Refuse Removal Contract for Grass and Weed Cutting Violations. Motion declared carried as approved under Consent Agenda. APPROVE MINUTES: Consent Agenda Alderman Chester noted a correction to the Minutes of the City Council of January 16, 2018. On page 4 the title should be Community Services, Alderman Chester, Chair rather than Community Development, Alderman Sayad, Chair. Moved by Chester, seconded by Brookman, to approve with changes the Minutes of the City Council of January 16, 2018. Motion declared carried. APPROVE MINUTES: Consent Agenda Moved by Sayad, seconded by Brookman, to approve Minutes of the City Council Closed Session of January 16, 2018, as published. Motion declared carried as approved under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE Page 6 of 8 02/05/18 FINANCE & ADMINISTRATION – Alderman Charewicz, Chair WARRANT REGISTER: Alderman Charewicz presented the Warrant Register for consideration. Moved by Rodd, seconded by Sayad, to recommend to the City Council approval of the February 5, 2018 – Warrant Register in the Amount of $4,505,613.51; and further recommend that Resolution R-30-18 be adopted at appropriate time this evening. Upon voice vote, motion declared carried. DISCUSSION REGARDING CROSSING GUARD PROGRAM: Discussion was held regarding Crossing Guard staffing and wages. Staff will conduct a short survey and report back to the Committee. The consensus of the Committee is to have a Resolution prepared to reflect an additional .25 increase for a total of .50 per hour to the Crossing Guards wages for 2018. COMMUNITY DEVELOPMENT – Alderman Sayad, Chair CONSIDERATION MAJOR VARIATIONS/ GARAGE ADDITION/1233 WEBSTER LANE: Director of Community and Economic Development McMahon explained this item originally went before the Council on December 4, 2017 and was deferred to allow the applicant and City Staff to investigate and discuss compliance with current building codes. It has been determined that the structure needs to be detached from the garage and new footings installed to be in compliance with the Building Code. The petitioner is now requesting Major Variations from Section 12-8-1.C.3 and Section 12-8-1.C.5 of the 1998 Des Plaines Zoning Ordinance, as amended, to allow an accessory structure of 252 s.f. shed when the maximum allowed is 150 s.f. and to allow a setback of 4’6”, when a 5’ setback is required for the shed. Staff recommended approval of Ordinance Z-31-17, granting Major Variations for a Garage Addition at 1233 Webster Lane. Moved by Rodd, seconded by Robinson to recommend to the City Council Approval of the Major Variations for a Garage Addition at 1233 Webster Lane (Case #17-094-V); and further recommend that Ordinance Z-31-17 be adopted at the appropriate time this evening. Upon voice vote, motion declared carried. CONDITIONAL USE PERMIT/ DOMESTIC PET SERVICE/ 676 N WOLF RD: Director of Community and Economic Development McMahon reviewed a memorandum dated January 25, 2018. The petitioners are requesting a Conditional Use Permit under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service (dog daycare) in the C-3 General Commercial District. At the January 2, 2018 City Council meeting, the City Council deferred this item so that the applicants could meet with neighbors and provide additional Page 7 of 8 02/05/18 (Cont.) information. Since the meeting, the petitioners have decided to eliminate the outdoor dog area from the plans and have confirmed that all activities will occur indoors (i.e., dogs will go to the bathroom indoors, as opposed to outside in the original outdoor dog area). The petitioners have provided an updated plan of operation that explains this in more detail, as well as details on the Powerloo system to be installed, a detailed floor plan for the space, and a sound engineering report. This report states that the tenant space has adequate sound proofing from its adjacent neighbors and to the residents at the rear of the building. Staff recommended approval of Ordinance Z-2-18 granting a Conditional Use Permit for the Operation of a Domestic Pet Service at 676 N. Wolf Road. Several residents spoke in opposition of Domestic Pet Service. Mr. Mike Galante, owner of the building, and tenants of the strip mall support the business. Moved by Smith, seconded by Lysakowski, to recommend to the City Council Approval of a Conditional Use Permit for the operation of a Domestic Pet Service at 676 N Wolf Rd. in the C-3 General Commercial District (Case #17-104-CU); and further recommend that Ordinance Z-2-18 be adopted at the appropriate time this evening. Upon voice vote, the vote was: AYES: 6-Lysakowski, Robinson, Rodd, Sayad, Smith, Charewicz NAYS: 2-Brookman, Chester ABSENT: 0-None MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW BACK IN REGULAR SESSION NEW BUSINESS: WARRANT REGISTER: Resolution R-30-18 Moved by Charewicz, seconded by Smith, to concur with recommendation of Committee of the Whole to adopt Resolution R-30-18, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $4,505,613.51. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. CONSIDERATION MAJOR VARIATIONS/ Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-31-18, AN ORDINANCE APPROVING MAJOR VARIATIONS FROM SECTION 12-8-1 OF THE CITY OF DES PLAINES ZONING ORDINANCE AT 1233 WEBSTER LANE, DES PLAINES, IL. Upon roll call, the vote was: Page 8 of 8 02/05/18 GARAGE ADDITION/1233 WEBSTER LANE: (Cont.) Ordinance Z-31-18 AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. CONDITIONAL USE PERMIT/ DOMESTIC PET SERVICE/ 676 N WOLF RD: Ordinance Z-2-18 Moved by Sayad, seconded by Rodd, to concur with recommendation of Committee of the Whole to adopt Ordinance Z-2-18, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DOMESTIC PET SERVICE AT 676 N. WOLF ROAD, DES PLAINES, IL. Upon voice vote, the vote was: AYES: 6-Lysakowski, Robinson, Rodd, Sayad, Smith, Charewicz NAYS: 2-Brookman, Chester ABSENT: 0-None Motion declared carried. ADOPT CITY OF DES PLAINES STRATEGIC PLAN FOR 2022: Moved by Charewicz, seconded by Rodd, to adopt Resolution R-31-18, A RESOLUTION ADOPTING THE CITY OF DES PLAINES STRATEGIC PLAN FOR 2022. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. AUTHORIZE AN INVESTIGATION OF AN INCIDENT INVOLVING THE POLICE DEPARTMENT: Moved by Chester, seconded by Sayad, to adopt Resolution R-33-18, A RESOLUTION AUTHORIZING AN INVESTIGATION OF AN INCIDENT ON JUNE 19, 2017 INVOLVING THE POLICE DEPARTMENT. Upon roll call, the vote was: AYES: 8-Lysakowski, Robinson, Rodd, Sayad, Brookman, Chester, Smith, Charewicz NAYS: 0-None ABSENT: 0-None Motion declared carried. ADJOURNMENT: Moved by Lysakowski, seconded by Robinson, to adjourn the meeting. Motion declared carried. The meeting adjourned at 10:18 p.m. Jennifer L. Tsalapatanis – CITY CLERK APPROVED BY ME THIS DAY OF , 2018 ______________________________ Matthew J. Bogusz, MAYOR FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: February 8, 2018 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-44-18, February 20, 2018 Warrant Register Recommendation: I recommend that the City Council approve the February 20, 2018 Warrant Register Resolution R-44-18. Warrant Register……………………………$20,095,192.82 MEMORANDUM Estimated General Fund Balance Balance as of 11/30/2017: $25,134,811 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 36 CITY OF DES PLAINES RESOLUTION R-44-18 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. February 20, 2018 Page 2 of 36 Line #Vendor Invoice Invoice Description Amount 1 4160 Real Estate Transfer Tax 7173 Lennon, James Refund 01/18/18 Real Estate Transfer Tax Refund 01/18/2018 700.00 2 4160 Real Estate Transfer Tax 7174 Pelletier, Stephen & Cindy Refund 01/25/18 Real Estate Transfer Tax Refund 01/25/2018 574.00 3 4300 Vehicle Licenses 7171 DeCastro, Lennon V Refund 01/19/18 Vehicle Sticker Refund 01/19/2018 60.00 4 4300 Vehicle Licenses 7172 Jung, Hyung Sik Refund 01/24/18 Vehicle Sticker Refund 01/24/2018 15.00 5 4400 Building Permits 7175 Friel, Colin 2017-01100165 Sewer Permit Refund Originally Issued 11/27/2017 300.00 6 4400 Building Permits 4952 Black Diamond Plumbing & Mechanical Inc 2017-01200026 Sewer Permit Refund Originally Issued 12/06/2017 300.00 7 4400 Building Permits 4801 Mr. Rooter of Cook County 2017-01200050 Sewer Permit Refund Originally Issued 12/11/2017 300.00 8 4400 Building Permits 3614 Kelham, Thomas M 2017-01200084 Sewer Permit Refund Originally Issued 12/19/2017 300.00 9 4400 Building Permits 6488 H20 Plumbing & Sewer Services 2017-01200118 Sewer Permit Refund Originally Issued 12/28/2017 300.00 10 4400 Building Permits 3993 J&S Plumbing Inc 2018-01000009 Sewer Permit Refund Originally Issued 01/04/2018 300.00 11 4400 Building Permits 4802 Rick's Sewer & Drainage Incorporated 2018-01000084 Sewer Permit Refund Originally Issued 01/23/2018 300.00 3,449.00 12 5310 Membership Dues 1319 IL Municipal League 2018 Dues 2018 IML Citywide Membership Dues 3,500.00 13 5320 Conferences 1268 Northwest Municipal Conference 10281 01/27/2018 Legislative Brunch - 5 Attendees 225.00 14 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 5 Attendees 150.00 15 6000 Professional Services 1016 Alfred G Ronan LTD Feb 2018 Lobbyist Services - February 2018 5,000.00 16 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 581.58 9,456.58 Total 00 - Non Departmental Elected Office Division: 110 - Legislative Total 110 - Legislative City of Des Plaines Warrant Register 02/20/2018 Account Fund: 100 - General Fund Department: 00 - Non Departmental Page 3 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 17 5310 Membership Dues 1503 Rotary Club of Des Plaines TSALAPATANIS4Q 20 City Clerk - 4th QTR Dues 240.00 18 6000 Professional Services 1210 Sterling Codifiers 20490 Codify Ordinances M11-17, 12, 14, 16-18, Etc. 01/08/2018 1,279.00 19 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 56.01 20 7000 Office Supplies 1066 Office Depot 101548894001 Copy Paper, Frame, Business Card Holder, Card File 90.01 1,665.02 11,121.60 21 5310 Membership Dues 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 10.00 22 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 1 Attendee 30.00 23 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 98.43 138.43 24 6005 Legal Fees 3447 Holland & Knight LLP 5621818 12-17 Non-Retainer IEMA & FEMA Review FEMA 1935 4,387.00 25 6005 Legal Fees 3447 Holland & Knight LLP 5621819 12-17 Non-Retainer IEMA & FEMA Review FEMA 1935 7,963.50 26 6005 Legal Fees 3447 Holland & Knight LLP 5621820 12-17 Non-Retainer IEMA & FEMA Review FEMA 4116 4,818.50 27 6005 Legal Fees 3447 Holland & Knight LLP 5621829 12-17 Reimb Redevelopment 1,529.50 28 6005 Legal Fees 3447 Holland & Knight LLP 5621840 12-17 Non-Retainer Litigation* 220.00 29 6005 Legal Fees 3447 Holland & Knight LLP 5621841 12-17 Non-Retainer Litigation* 1,100.00 30 6005 Legal Fees 3447 Holland & Knight LLP 5621842 12-17 Non-Retainer Litigation* 246.00 31 6005 Legal Fees 3447 Holland & Knight LLP 5621845 12-17 Non-Retainer Litigation* 665.00 32 6005 Legal Fees 3447 Holland & Knight LLP 5621850 12-17 Non-Retainer Litigation* 506.05 Division: 220 - Legal City Administration Division: 210 - City Manager Total 210 - City Manager Division: 120 - City Clerk Total 120 - City Clerk Total 10 - Elected Office Page 4 of 36* On-going City litigation items provided separately to the City Council Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 33 6005 Legal Fees 3447 Holland & Knight LLP 5621851 12-17 Non-Retainer Matters 53.00 34 6009 Legal Fees - Admin Hearings/Prosecu tions 1735 Cohen Law Firm PC 1-18 Administrative Hearing Officer 1/04-1/25/2018 900.00 35 6009 Legal Fees - Admin Hearings/Prosecu tions 1735 Cohen Law Firm PC 11-17 Administrative Hearing Officer 11/9-11/16/2017 900.00 36 6009 Legal Fees - Admin Hearings/Prosecu tions 1735 Cohen Law Firm PC 12-17 Administrative Hearing Officer 12/14-12/20/2017 900.00 37 6009 Legal Fees - Admin Hearings/Prosecu tions 1073 Bartel, Raymond 18-02 Legal Services 1/18- 1/31/2018 1,380.00 25,568.55 38 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 1 Attendee 30.00 39 6000 Professional Services 5934 Tyler Technologies Inc 045-208495 "Work Order" Logos Module Installation & Training 11-27- 17 2,550.00 40 6000 Professional Services 6936 Flycast Partners Inc MWLAI6486-02 RemedyForce Service 12/28/2017 850.00 41 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 446.08 42 6300 R&M Software 4715 SHI International Corporation B07676890 30 Adobe Pro Licenses - One Time Fee 10,140.00 43 6305 R&M Equipment 6963 Curvature Inc 90090935 Server Maintenance Contract 01/01/2018 - 01/31/2018 186.00 44 7005 Printer Supplies 1820 Datasource, Ink 17011 7 Toner Cartridges For Various City Printers 1,064.65 45 7320 Equipment < $5,000 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 349.99 15,616.72 46 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 1 Attendee 30.00 47 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 119.52 Division: 240 - Media Services Total 220 - Legal Division: 230 - Information Technology Total 230 - Information Technology Page 5 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 48 7000 Office Supplies 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 7.99 157.51 49 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 1 Attendee 30.00 50 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 63.51 51 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 (100.00) (6.49) 52 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 63.51 53 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 (100.00) 54 6550 Subsidy - Senior Citizen Cab Service 1421 American Charge Service 101376 Taxi Cab Voucher Program- December 2017 M-12-11 681.00 55 7000 Office Supplies 1220 Runco Office Supply 704761-0 (6) A-Z Desk Sorters 95.94 740.45 42,215.17 56 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 2 Attendees 60.00 57 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 157.53 58 6110 Printing Services 1233 Press Tech Inc 41687 2018 Budget Book Printing 01/23/2018 1,738.00 59 7000 Office Supplies 1644 Warehouse Direct Inc 3757468-0 2 Cartons of Copy Paper 33.05 60 7000 Office Supplies 1644 Warehouse Direct Inc 3761864-0 1 Desk Pad 38.48 61 7000 Office Supplies 1644 Warehouse Direct Inc 3768692-0 3 Desk Pads 115.44 62 7000 Office Supplies 1644 Warehouse Direct Inc C3757300-0 Returned 1 Desk Pad (38.48) 63 7000 Office Supplies 1644 Warehouse Direct Inc C3759766-0 Returned 1 Desk Pad (38.48) 64 7200 Other Supplies 2016 Signarama 39017 2 Aluminum Engraved Name Plates - Finance 202.48 Total 20 - City Administration Department: 30 - Finance Total 250 - Human Resources Division: 260 - Health & Human Services Total 260 - Health & Human Services Total 240 - Media Services Division: 250 - Human Resources Page 6 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 65 7200 Other Supplies 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 12.56 2,280.58 66 5310 Membership Dues 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 10.00 67 5310 Membership Dues 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 10.00 68 6000 Professional Services 3309 Elevator Inspection Services Inc 73901 1 Elevator Inspection 1/17/2018 75.00 69 6000 Professional Services 3309 Elevator Inspection Services Inc 73903 2 Elevator Inspections 1/20/2018 150.00 70 6000 Professional Services 3309 Elevator Inspection Services Inc 73929 10 Elevator Inspections 1/17/2018 90.00 71 6005 Legal Fees 3447 Holland & Knight LLP 5621838 12-17 Non-Retainer Property Enforcement Matters 159.00 72 6005 Legal Fees 3447 Holland & Knight LLP 5621855 12-17 Non-Retainer Property Enforcement Matters 192.50 73 6005 Legal Fees 3447 Holland & Knight LLP 5622068 12-17 Non-Retainer Property Enforcement Matters 1,695.59 74 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 810.09 75 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 (100.00) 76 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 (100.00) 77 6110 Printing Services 1233 Press Tech Inc 41833 1000 #10 and 1000 #10 Window Envelopes 338.00 78 6110 Printing Services 1233 Press Tech Inc 41840 1000 Return #9 Envelopes 170.00 79 7000 Office Supplies 1066 Office Depot 999024234001 Copy Paper and 4 Mouse Pads 56.22 80 7000 Office Supplies 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 5.99 81 7200 Other Supplies 1076 Sam's Club Direct 2510 Forks, Knives, Spoons, Cups, Water 44.61 82 7200 Other Supplies 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 20.00 3,627.00 83 5310 Membership Dues 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 10.00 Community Development Division: 410 - Building & Code Enforcement Total 410 - Building & Code Enforcement Division: 420 - Planning & Zoning Total 30 - Finance Page 7 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 84 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 118.41 85 6110 Printing Services 1210 Sterling Codifiers 20504 3 Complete City Codes and 3 Zoning Binders 1/16/2018 708.00 86 6195 Miscellaneous Contractual Services 4070 Cerabona, Gale M 86 Planning and Zoning Board Meeting and Minutes 01/23/2018 60.00 87 7000 Office Supplies 1066 Office Depot 999012926001 Copy Paper, Post-It Notes, Whiteout, Telephone Book, Etc. 80.06 88 7320 Equipment < $5,000 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 249.99 89 7550 Miscellaneous Expenses 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 14.99 90 8010 Furniture & Fixtures 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 10.00 1,251.45 91 5310 Membership Dues 7169 Chicagoland Restaurant Brokers Association (CRBA) 2018 Dues CRBA 2018 Membership Dues for EDC Coor 400.00 92 5310 Membership Dues 2489 American Planning Association 276099-1817 APA Membership for EDC Coor 04/01/2018-03/31/2019 555.00 93 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 63.51 94 7200 Other Supplies 1220 Runco Office Supply 705506-0 Frames for CDBG Handouts 1/29/2018 35.70 1,054.21 5,932.66 95 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 124.02 96 6025 Administrative Services 1172 Third Millennium Associates Inc 21617 Utility Bill Rendering 01/16/2018 501.28 97 6040 Waste Hauling & Debris Removal 6047 Vintage Tech LLC 18537 Electronics Recycling - 01/04/2018 1,067.07 98 6040 Waste Hauling & Debris Removal 6047 Vintage Tech LLC 18538 Electronics Recycling - Batteries - 01/08/2018 868.48 99 6040 Waste Hauling & Debris Removal 6047 Vintage Tech LLC 18539 Electronics Recycling - 01/04/2018 1,107.92 Total 40 - Community Development Public Works & Engineering Division: 100 - Administration Total 420 - Planning & Zoning Division: 430 - Economic Development Total 430 - Economic Development Page 8 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 100 7500 Postage & Parcel 1172 Third Millennium Associates Inc 21617 Utility Bill Rendering 01/16/2018 21.59 3,690.36 101 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 401.58 401.58 102 6195 Miscellaneous Contractual Services 1060 Municipal GIS Partners Inc 4010 Geographical Information System Support Svcs 01/01- 01/31/2018 16,574.41 16,574.41 103 5335 Travel Expenses 2494 IL State Toll Highway Authority (IPASS) G123000001325 Toll Fees 10/01-12/31/2017 & Transponder Annual Fee 57.71 104 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 468.86 105 6040 Waste Hauling & Debris Removal 1355 MQ Construction Company 12/15-11 Aggregate Material and Spoils Removal - 12/14 & 12/15/2017, R-7- 3,648.02 106 6170 Tree Maintenance 6555 Landscape Concepts Management Inc 136533 Tree Trimming - 01/02- 25/2018, R-168-16 18,086.75 107 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180106 Sidewalk Snow Removal - 01/07/2018, R-161-17 310.00 108 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180107 Sidewalk Snow Removal - 01/08/2018, R-161-17 310.00 109 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180110 Sidewalk Snow Removal - 01/10/2018, R-161-17 310.00 110 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180112 Sidewalk Snow Removal - 01/11/2018, R-161-17 310.00 111 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180114 Sidewalk Snow Removal - 01/15/2018, R-161-17 970.00 112 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180115 Sidewalk Snow Removal - 01/16/2018, R-161-17 970.00 113 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180122 Sidewalk Snow Removal - 01/23/2018, R-161-17 310.00 Total 520 - Geographic Information Systems Division: 530 - Street Maintenance Division: 510 - Engineering Total 510 - Engineering Division: 520 - Geographic Information Systems Total 100 - Administration Page 9 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 114 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180124 Sidewalk Snow Removal - 01/24/2018, R-161-17 310.00 115 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180128 Sidewalk Snow Removal - 01/28/2018, R-161-17 310.00 116 6195 Miscellaneous Contractual Services 3361 G&L Contractors Inc 28238 Contractual Snow Plowing - 01/15-01/16/2018, R-148-17 13,560.00 117 6325 R&M Street Lights 1044 H&H Electric Co 29778 Repaired Streetlight - Oakton & Riverview - 11/08/2017 694.00 118 6325 R&M Street Lights 1044 H&H Electric Co 29779 Repair Streetlight - 1702 Mill, Dempster & Rand - 11/15/2017 1,515.50 119 6325 R&M Street Lights 1044 H&H Electric Co 29782 Repair Streetlight - 1512 S Fourth - 11/30/2017 432.25 120 6325 R&M Street Lights 1044 H&H Electric Co 29783 Repair Streetlight - 1062 Lee St - 11/22/2017 1,018.90 121 6325 R&M Street Lights 1044 H&H Electric Co 29784 Repair Streetlight - River Walk Path - 11/28/2017 1,062.40 122 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 2082870 Rachet Set - Forestry Saw Repairs 123.97 123 7030 Supplies - Tools & Hardware 1520 Russo Power Equipment 4674866 2 Steel Carabiners 53.98 124 7035 Supplies - Equipment R&M 1057 Menard Incorporated 10480 Clorox & Lysol Disinfect Wipes, Odor Out & Glass Cleaner 51.46 125 7050 Supplies - Streetscape 1047 Home Depot Credit Svcs 0080334 (4) 27 Gal Storage Totes 35.88 126 7050 Supplies - Streetscape 1047 Home Depot Credit Svcs 0612374 (6) 27 Gal Storage Totes & 2 Ratchet Tie-Downs 66.70 127 7050 Supplies - Streetscape 2016 Signarama 39073 300 Transitional Banners - 2018 864.66 128 7055 Supplies - Street R&M 1057 Menard Incorporated 10182 32 Gal Trash Can - Rock Salt Storage - Police 14.97 129 7160 Ice Control 1194 Sicalco LTD 67454 2,000 Gals Liquid Calcium Chloride - 01/17/2018 1,500.00 47,366.01 130 5325 Training 1252 NIPSTA 17430 Handling Workplace Conflict Class 01/12/2018-2 Foremen 100.00 131 5335 Travel Expenses 2494 IL State Toll Highway Authority (IPASS) G123000001325 Toll Fees 10/01-12/31/2017 & Transponder Annual Fee 57.71 132 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 239.88 Division: 535 - Facilities & Grounds Maintenance Total 530 - Street Maintenance Page 10 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 133 6115 Licensing/Titles 7123 Tokarzewski, Mark Reimb 11/22/2017 CDL Renewal - Expires 03/02/2019 30.00 134 6195 Miscellaneous Contractual Services 5387 Core Mechanical Inc 15144 Service Call - City Hall, Sixth Floor - 01/02/2018 600.00 135 6195 Miscellaneous Contractual Services 3573 Lorusso Cement Contractors Inc 2016-Lee-P9 R-131-16 Contractor-Lee St Streetscape Ph3 12/13- 12/31/2017 73,847.76 136 6195 Miscellaneous Contractual Services 2350 Anderson Elevator Co 218536 Category 1 Elevator Testing & Inspection - 11/22/2017 2,110.00 137 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769355926 Mat Service & Custodial Supplies - PW - 01/17/2018 120.81 138 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769360175 Mat Service - City Hall - 01/24/2018 398.66 139 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769360177 Mat Service - Police - 01/24/2018 171.45 140 6315 R&M Buildings & Structures 1025 Bedco Inc 094643 No Heat Repair - Fire 63 - 01/15/2018, R-170-16 110.00 141 6315 R&M Buildings & Structures 1025 Bedco Inc 094646 Balancing Air Handlers - City Hall - 01/16/2018, R-170-16 440.00 142 6315 R&M Buildings & Structures 1025 Bedco Inc 094647 No Fan Operation - City Hall First Floor - 01/16/2018, R- 170-16 220.00 143 6315 R&M Buildings & Structures 1025 Bedco Inc 094654 Ductwork Remodel 01/18/2018 - Police 2nd Floor 405.10 144 6315 R&M Buildings & Structures 1025 Bedco Inc 094655 Furnace Repair - Food Pantry - 01/18/2018, R-170-16 330.00 145 6315 R&M Buildings & Structures 1025 Bedco Inc 094656 Bearing Replacement - City Hall - 01/18-01/19/2018, R- 170-16 1,100.00 146 6315 R&M Buildings & Structures 1025 Bedco Inc 094657 Filter Replacement - Gun Range - 01/19/2018, R-170-16 110.00 147 6315 R&M Buildings & Structures 1025 Bedco Inc 094660 No Heat - Apparatus Bay Fire 62 - 01/24/2018, R-170-16 110.00 148 6315 R&M Buildings & Structures 1025 Bedco Inc 094661 Repair Gun Range - Police - 01/24/2018, R-170-16 220.00 149 6315 R&M Buildings & Structures 1025 Bedco Inc 094662 Leak in Boiler Pipe - Water Plant - 01/25/2018, R-170-16 220.00 Page 11 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 150 6315 R&M Buildings & Structures 5691 Corbrook Enterprises Inc 1211814 Wallcover Removal & Wall Prep - Police - 11/27/2017- 12/22/2017 19,500.00 151 6315 R&M Buildings & Structures 5691 Corbrook Enterprises Inc 1211815 Paint Admin Offices - Police 2nd Floor - 12/26/2017- 01/05/2018 9,165.00 152 6315 R&M Buildings & Structures 5691 Corbrook Enterprises Inc 1211816 Remove Windows, Patched & Painted Door - Police-01/10- 01/12/2018 1,650.00 153 6315 R&M Buildings & Structures 6376 Facility Solutions Group Inc 2085782 Install Electrical Circuits - Police Delta Unit - 11/27/2017 2,026.50 154 6315 R&M Buildings & Structures 5162 Allied Central Security & Alarm Inc 23720 Installed Wiring - City Hall - 11/11, 11/16, 11/18 & 11/20/2017 2,470.00 155 6315 R&M Buildings & Structures 5162 Allied Central Security & Alarm Inc 23721 Card Access Service Call - City Hall - 01/02/2018 95.00 156 6315 R&M Buildings & Structures 5162 Allied Central Security & Alarm Inc 23795 Door Key Reader Installation - City Hall 2nd Floor - 01/15/2018 1,330.00 157 6315 R&M Buildings & Structures 5162 Allied Central Security & Alarm Inc 23805 Install Door Strike - Police 2nd Floor - 01/24/2018 475.00 158 6315 R&M Buildings & Structures 1237 Pro-Line Door Systems Inc 81584 Service Call North Elevation East Door - Fire 62 - 01/11/2018 1,106.85 159 6315 R&M Buildings & Structures 1237 Pro-Line Door Systems Inc 81650 Keypad Reset & Door Lube - EMA Building - 01/17/2018 308.50 160 7025 Supplies - Custodial 1029 Cintas Corporation 769355926 Mat Service & Custodial Supplies - PW - 01/17/2018 88.23 161 7025 Supplies - Custodial 1029 Cintas Corporation 769360178 Soaps, Cleaners, Mats, Paper Towels, Etc - PW - 01/24/2018 357.89 162 7045 Supplies - Building R&M 1527 Sherwin Williams 0346-7 10 5-Gal Buckets Paint - City Hall 359.00 163 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0965058 Changed Master Cylinder - City Hall - 01/23/2018 114.40 164 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0965236 Changed 2 Cylinders - Police 2nd Floor - 01/25/2018 1,040.60 165 7045 Supplies - Building R&M 1057 Menard Incorporated 10030 Electrical Supplies - Police 2nd Floor 163.70 166 7045 Supplies - Building R&M 1057 Menard Incorporated 10036 2 Shear-Ring Couplings, PVC Pipe, 2 No-Hub Couplings - City Hall 56.63 167 7045 Supplies - Building R&M 1057 Menard Incorporated 10171 Switch Outlet Plates, Cable Splitter, Etc. - Police 2nd Floor 50.37 Page 12 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 168 7045 Supplies - Building R&M 1057 Menard Incorporated 9743 2 LED Security Flood Lights - Fire 62 59.96 169 7045 Supplies - Building R&M 1057 Menard Incorporated 9811 8 Mounting Brackets & 6-In-1 Screwdriver - Police 2nd Floor 25.06 170 7045 Supplies - Building R&M 5969 Security Equipment Supply Inc (SES) B63933 Card Access Hardware - Police 2nd Floor 80.08 171 7045 Supplies - Building R&M 5969 Security Equipment Supply Inc (SES) B69098 Door Access Supplies - Police Records, 2nd Floor 216.70 172 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/037739 4 Exit Signs - Police 150.74 173 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/037740 10 U-Lamps - City Hall 797.70 174 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/037827 Light Fixture & Supplies - Fire 62 485.92 175 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/037834 Outdoor Flood LED Light - Fire 62 55.00 176 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/037848 28 UBend Bulbs - City Hall 202.44 177 7140 Electricity 1033 ComEd 0459113083- 01/18 Electricity Services 12/12/2017-01/16/2018 26,091.16 178 8100 Improvements 5440 Manusos General Contracting Inc Final Pymt 3 City Hall Entry Door Renovation - 12/01- 12/30/2017, R120-17 27,619.30 177,083.10 179 5325 Training 1252 NIPSTA 17430 Handling Workplace Conflict Class 01/12/2018-2 Foremen 100.00 180 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 125.68 181 6040 Waste Hauling & Debris Removal 5763 Excel Environmental Inc 409825 225 Gals Waste Oil Pickup - 1/16/2018 100.00 182 6135 Rentals 1029 Cintas Corporation 022576714 Mechanic's Uniform Rental - 01/22/2018 124.43 183 6135 Rentals 1029 Cintas Corporation 022579878 Mechanic's Uniform Rental - 01/29/2018 124.43 184 6195 Miscellaneous Contractual Services 1741 Praxair Distribution Inc 80988320 Oxygen & Acetylene Rental - 12/20/2017-01/20/2018 499.31 185 6305 R&M Equipment 2168 Petroleum Technologies Equipment, Inc 19047 Inspect Fuel Tank for Water 01/26/2018 449.50 186 6310 R&M Vehicles 1672 Power Equipment Leasing Company W378 Remove Damaged Crane and Service Body - 01/16/2018 2,912.50 Total 535 - Facilities & Grounds Maintenance Division: 540 - Vehicle Maintenance Page 13 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 187 7030 Supplies - Tools & Hardware 1078 Acme Truck Brake & Supply Co 1280230005 Grey Pneumatic Socket - Shop Tool 36.38 188 7035 Supplies - Equipment R&M 3518 O'Reilly Auto Parts 2479-336978 Air Tube & Fittings - 5PW2 117.21 189 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000231370 11 Light Bulbs - Police & PW 22.50 190 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000231370 11 Light Bulbs - Police & PW 22.50 191 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000231381 2 Auto Ejects - Fire Stock 492.98 192 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc 01P457669 Returned Starter Core - Fire 7702 (125.00) 193 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc 01P460909.02 35 Filters & Valve - Fire & PW Stock 673.53 194 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc 01P460930 Air Filter - PW Stock 69.32 195 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc 01P461050 Fuel Filter - Fire Stock 122.10 196 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1280220038 2 Spring Brakes & 6 Mud Flaps- PW 5037, 9032 & Stock 285.33 197 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1280250048 2 Battery Harnesses - PW 7603 85.48 198 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1280250132 20 Plow Chains - PW Stock 122.40 199 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1280290138 Heat Shrink Butt, Breakaway Switch, 4 LED Lamps - PW 5040 123.85 200 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132045750 20 Gals Washer Solvent - PW Stock 73.44 201 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 170985P-B 26 Plow Blades - PW Stock 1,693.24 202 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-336981 (8) 2.5 Gals Diesel Exhaust Fluid - Fire & PW Stock 50.00 203 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-336981 (8) 2.5 Gals Diesel Exhaust Fluid - Fire & PW Stock 50.00 204 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-337553 LED Microbar - PW 5067 199.99 205 7040 Supplies - Vehicle R&M 1823 Certified Laboratories 2985362 24 Cans Klaw Aerosol - Stock 321.13 206 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 301C054226 10 Wiper Blades - Police Stock 88.10 207 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 301C054535 10 Wiper Blades - PW Stock 43.10 208 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 30IC050483 8 Filters & 28 Sets Wiper Blades - Police Stock 252.76 Page 14 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 209 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 30IC056199 26 Filters, Tensioner, 2 Tire Sensors - Police 6067 & Stock 409.04 210 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1117638 Hitch Pin & Mounting Bar - PW 5101 15.48 211 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1117663 Check Valve & Hose Connector - Fire 7602 9.68 212 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1118685 Fuel Filter - PW 5040 33.48 213 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1118756 Radiator Cap - Fire 7603 4.39 214 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 431765P Pan Assembly & Sealant - Police 6055 127.29 215 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 431834P Transmission Cable - Police 6042 67.22 216 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 432307P Lamp Assembly - EMA 6507 61.72 217 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 432419P Oxygen Sensor - Police 5055 78.79 218 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 432421P Purge Valve - Police 5056 38.28 219 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 432517P Windshield Washer Hose and Nozzles - Police Stock 34.08 220 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 432518P 2 Hoses & 4 Nozzles - Police Stock 68.16 221 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 432522P Motor Mount Bracket - Police 6067 55.34 222 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs 490-104755-01 6 Batteries - City Hall-201, Police 6044 & 6038 & Fire 7802 281.40 223 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs 490-104755-01 6 Batteries - City Hall-201, Police 6044 & 6038 & Fire 7802 85.90 224 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs 490-104755-01 6 Batteries - City Hall-201, Police 6044 & 6038 & Fire 7802 171.80 225 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027734073621 Returned Serpentine Belt - PW 5077 (31.48) 226 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027801148491 2 Belt Tensioners & 2 Idler Pulleys - PW 5077 90.98 227 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027801148493 Returned 2 Belt Tensioners & 2 Idler Pulleys - PW 5077 (90.98) 228 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027801148494 Belt Tensioner, 2 Serpentine Belts, & Idler Pulley - PW 5077 89.67 229 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027801248506 2 Air Filters - Fire 7602 152.60 Page 15 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 230 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027802549056 Serpentine Belt & Idler Pulley - PW 5067 10.72 231 7040 Supplies - Vehicle R&M 5731 Advance Auto Parts 6027802926865 Serpentine Belt, Idler Pulley, Tie Rods, Brake Pad Set - PW 5043 135.61 232 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 6078954 Brass & Hydrant Fittings, Fender Washers, Cable Ties & Tubing 319.70 233 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 6094745 Shrink Tubing, Clamps, Bushings, Pins, Lock Nuts - Stock 155.57 234 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 6095979 200 Plow Bolts & 200 Plow Nuts - Stock 458.62 235 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 6105856 Lock Nuts, Washers, Screws, Bolts, Grease Fittings - Fire Stock 305.29 236 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 673889 Drivebelt Tensioner Assembly - PW 5067 68.59 237 7040 Supplies - Vehicle R&M 1043 WW Grainger Inc 9676385314 2 Miniature Lamp Bulbs - PW 5033 20.42 238 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG60675 Washer Assembly - Fire 7602 80.97 239 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG60733 2 Stainless Ball Valves - Fire 7602 243.58 240 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG60750 Washer Check Valve & 3 Electrical Sealant-Fire 7602 183.60 241 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG60829 Coolant Tube and Parts Return FD7603 196.33 242 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG60831 Fuel Gauge - Fire 7603 61.50 243 7040 Supplies - Vehicle R&M 5823 Interstate Power Systems Inc C042022671:01 32 Filters & (2) 5-Gal Buckets Trans Fluid - Fire Stock 941.94 244 7040 Supplies - Vehicle R&M 5985 Winter Equipment Company Inc IV35386 Plow Blade - PW 5089 1,507.03 245 7040 Supplies - Vehicle R&M 1564 EJ Equipment Inc P09929 Hydraulic Motor - PW Stock 979.06 246 7040 Supplies - Vehicle R&M 7142 Amerisource Industrial Supply Co, Inc R017117 4 Gals Orange Pumice Hand Soap 44.37 247 7120 Gasoline 5415 Gas Depot Inc 52254 5,500 Gals Unleaded Gas Delivered 01/16/18 R-57-17 9,258.40 248 7120 Gasoline 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 25.00 249 7130 Diesel 5415 Gas Depot Inc 52257 2,500 Gals Bio Diesel Gas Delivered 01/16/18 R-57-17 5,288.52 31,293.85 276,409.31Total 50 - Public Works & Engineering Total 540 - Vehicle Maintenance Page 16 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 250 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 1 Attendee 30.00 251 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 245.57 252 7500 Postage & Parcel 1041 Federal Express 6-065-78471 Delivery Services 01/13/2018 77.51 353.08 253 5325 Training 1661 Northwestern University Center for Public Safety 10001 Lodging for Staff and Command School Sept. 25- Dec 08, 2017 5,380.00 254 5325 Training 1661 Northwestern University Center for Public Safety 10268 Supervision of Police Personnel Dec 4-15, 2017 1,000.00 255 5325 Training 1261 Northeast Multiregional Training 230485 Reid Interview & Interrogations Class Jan 16- 18, 2018 Ofc 400.00 256 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 2,063.19 257 6195 Miscellaneous Contractual Services 1517 Trans Union LLC 01852836 Investigations Database January 2018 309.84 258 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1478138 Tab Index Sheets (1 Box)49.31 259 7300 Uniforms 1489 JG Uniforms Inc 31560 Uniforms for New Hire (Ofc) 1/23/2018 258.30 9,460.64 260 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 1,486.27 261 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 (100.00) 1,386.27 262 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 1 Attendee 30.00 263 6015 Communication Services 1680 Pacific Telemanagement Services 964586 3 Public Pay Phones Monthly Fee, February 2018 228.00 264 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 567.60 Division: 620 - Criminal Investigation Total 620 - Criminal Investigation Division: 630 - Support Services Total 100 - Administration Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Police Department Division: 100 - Administration Page 17 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 265 6110 Printing Services 1233 Press Tech Inc 41822 #10 Envelopes (1000)170.00 266 6110 Printing Services 1142 Copyset Center 51152 Daily Activity Sheets (Form 18 B) (80) 400.00 267 6110 Printing Services 1142 Copyset Center 51162 Arrest Jackets (Form 59)(500)397.00 268 6110 Printing Services 1142 Copyset Center 51214 Police Report Business Cards (1000) 112.00 269 6185 Animal Control 2950 When Nature Calls 8157 Special Request - 7 Nuisance Animal Removals 08/09- 08/22/2017 350.00 270 6305 R&M Equipment 6963 Curvature Inc 90090937 Computer Hardware Maintenance-911 Backup Center for Jan 2018 200.00 271 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1474565 Ruled Pads (Dz), Pens (Dz), Post It Notes, Markers (24) 75.42 272 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1475321 Binder, Sheet Protectors, Plasticware 25.18 273 7015 Supplies - Police Range 5197 Kieslers Police Supply Inc 0844545 Department Ammunition for 2017- Various Caliber 12/20/2017 6,037.04 274 7015 Supplies - Police Range 5197 Kieslers Police Supply Inc 0844545 Department Ammunition for 2017- Various Caliber 12/20/2017 561.68 275 7015 Supplies - Police Range 1722 Brownells Inc 15191273.00 Sites (1 Shotgun, 1 Rifle)52.87 276 7200 Other Supplies 1236 Proforma Creative Impressions Inc 0718002661 2 Life Saving Plaques (Ofc)350.35 277 7200 Other Supplies 1076 Sam's Club Direct 5137 Keurig Machine (2), Juice (5 Cases), Hot Pockets (12 Cases) 99.09 278 7200 Other Supplies 1389 Garvey's Office Products Inc PINV1475321 Binder, Sheet Protectors, Plasticware 5.80 279 7300 Uniforms 1117 Chicago Badge & Insignia Co 15290 10 Life Saving Awards (Sworn Personnel) 812.03 280 7300 Uniforms 1117 Chicago Badge & Insignia Co 15300 10 Life Saving Awards (Sworn Personnel) 812.03 281 7320 Equipment < $5,000 1076 Sam's Club Direct 5137 Keurig Machine (2), Juice (5 Cases), Hot Pockets (12 Cases) 239.96 282 7525 Meals 1076 Sam's Club Direct 5137 Keurig Machine (2), Juice (5 Cases), Hot Pockets (12 Cases) 167.26 11,693.31 22,893.30Total 60 - Police Department Total 630 - Support Services Page 18 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 283 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 327.34 327.34 284 5310 Membership Dues 2441 IAFC-Intl Association of Fire Chiefs 2018-AW 2018 IAFC Membership Dues 04/01/2018-03/31/2019 Fire Chief 209.00 285 5310 Membership Dues 1349 MABAS Mutual Aid Box Alarm System Division 3 AD1802 2018 Annual MABAS Division 3 Dues 5,000.00 286 5320 Conferences 1532 Des Plaines Chamber of Commerce & Industry 15467 2018 Mayor's Address to Business 01/09/2018 - 2 Attendees 60.00 287 5325 Training 1546 IPELRA 2018-AW 2018 Public Sector Employ Law Seminar-Chief 03/02/2018 195.00 288 5325 Training 1546 IPELRA 2018-PD 2018 Public Sector Employ Law Seminar-D/C 03/02/2018 195.00 289 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 296.92 290 7320 Equipment < $5,000 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 909.98 6,865.90 291 5310 Membership Dues 1439 IL Fire Apparatus Mechanics Assoc 1/24/2018 2018 IFAMA Membership 11/01/2017-10/30/2018 Mechanic for FD 40.00 292 5310 Membership Dues 1252 NIPSTA 17308 R-16-08 2018 NIPSTA Membership-92 Sworn Personnel 17,020.00 293 5325 Training 1252 NIPSTA 17406 Basic Fire Academy-1 New Hire Paramedic 01/15- 03/16/2018 3,395.00 294 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 709.69 295 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 684.18 296 6135 Rentals 5800 Turnout Rental LLC 13827 Gear Rental for New Recruit 01/10/2018-03/15/2018 375.00 297 6135 Rentals 6853 3G Safety Supply 181007 SCBA Bottle Rentals July-Dec 2017 3,268.00 298 6300 R&M Software 1267 Northwest Community Hospital E180055 2018 Annual Website Support Fee 40.00 Division: 710 - Emergency Services Fire Department Division: 100 - Administration Total 100 - Administration Department: 65 - Emergency Management Agency Total 65 - Emergency Management Agency Page 19 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 299 6305 R&M Equipment 1080 Air One Equipment Inc 129310 9 SCBA Cylinder Hydrotests 12/20/2017 220.50 300 6305 R&M Equipment 3570 AEC Fire Safety & Security Inc 236186 Service on Ram & Valve Release Assy 01/23/2018 590.53 301 6305 R&M Equipment 1748 Novak & Parker Inc 742522 Dishwasher Repairs 01/22/2018 Sta 63 261.07 302 6305 R&M Equipment 1660 Safety-Kleen Systems Inc 75607891 Maintenance on Parts Cleaner 01/25/2018 Sta 61 159.00 303 6305 R&M Equipment 3325 Nistler, Mary Reimb 12/23/2017 Reimb for Repairs to 2 Air Pack Bags 12/23/2017 76.00 304 7000 Office Supplies 1644 Warehouse Direct Inc 3771673-0 1 Package of Laminating Pouches 62.47 305 7000 Office Supplies 1066 Office Depot 995934031002 Box AAA Batteries 22.71 306 7000 Office Supplies 1066 Office Depot 998551826001 2 Boxes C Batteries 39.08 307 7025 Supplies - Custodial 1304 HP Products I3309874 Towels, Can Liners, Bowl Cleaners, Disinfectant, Tissue- Sta 63 603.74 308 7025 Supplies - Custodial 1304 HP Products I3309875 Towels, Can Liners, Bowl Cleaners, Disinfectant, Tissue- Sta 61 1,884.34 309 7035 Supplies - Equipment R&M 1747 Murphy's Contractors Equipment Inc 193093 Fuel Lines & Fuel Filters for Saws on Twrs 61 & 63 34.95 310 7200 Other Supplies 1057 Menard Incorporated 10053 5 Industrial Trigger Nozzles- Sta Maint Supplies 34.95 311 7200 Other Supplies 1076 Sam's Club Direct 005800 10 Case Bottled Water for Rigs 33.60 312 7200 Other Supplies 1018 Anderson Lock Company LTD 0965730 10 Keys & Key Rings for Ambulances 102.40 313 7200 Other Supplies 1057 Menard Incorporated 10047 Push Brooms, Scrapers, CLR Remover-Sta Maint Supplies 83.29 314 7200 Other Supplies 1571 Welding Industrial Supply R 2177021 15 Oxygen Cylinders for Dec 2017 183.64 315 7300 Uniforms 1080 Air One Equipment Inc 129311 10 Firecraft Phoenix Gloves 636.50 316 7300 Uniforms 3212 On Time Embroidery Inc 46266 1 Zip Job Shirt-1 Paramedic 65.00 317 7300 Uniforms 3212 On Time Embroidery Inc 46766 2 4-Pocket Pants-1 Paramedic 104.00 318 7300 Uniforms 3212 On Time Embroidery Inc 47783 1 Cargo Pocket Pants-1 Paramedic 56.00 319 7300 Uniforms 3212 On Time Embroidery Inc 47874 1 Waterproof Side Zip Boots-1 Paramedic 119.00 320 7300 Uniforms 3212 On Time Embroidery Inc 48386 1 Zip Job Shirt-1 Paramedic 65.00 321 7300 Uniforms 3212 On Time Embroidery Inc E 47360 1 Knit Cap-1 Engineer 20.00 Page 20 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 322 7300 Uniforms 3212 On Time Embroidery Inc E 47486 1 Twill Cap - 1 Paramedic 19.00 323 7300 Uniforms 3212 On Time Embroidery Inc ES 47051 3 T-Shirts, Turtleneck, L/S T- Shirt, Shoes-1 Engineer 150.00 324 7300 Uniforms 3212 On Time Embroidery Inc ES 47625 4 Polos, 3 T-Shirts, Twill Cap, Sweatpants, Shorts-1 Paramedic 253.00 325 7300 Uniforms 3212 On Time Embroidery Inc O 47481 1 4-Pocket Pants-1 Paramedic 52.00 326 7300 Uniforms 3212 On Time Embroidery Inc O 47634 2 Cargo Pocket Pants-1 Paramedic 112.00 327 7300 Uniforms 3212 On Time Embroidery Inc OE 47876 Cargo Pocket Pants, Zip Job Shirt-1 Paramedic 121.00 328 7300 Uniforms 3212 On Time Embroidery Inc OES 47695 6 T-Shirts, 6 Cotton Shirts, Belt, Pants, Etc - 1 B/C 504.00 329 7300 Uniforms 3212 On Time Embroidery Inc OS 47313 4 T-Shirts, Shoes, Pants, L/S Shirt-1 Paramedic 217.00 330 7300 Uniforms 3212 On Time Embroidery Inc OS 47635 5 T-Shirts, 1 4-Pocket Pants, 1 Safety Toe Shoes-1 Lieutenant 201.00 331 7300 Uniforms 3212 On Time Embroidery Inc S 47052 2 Cargo Pocket Pants-1 Paramedic 112.00 332 7300 Uniforms 3212 On Time Embroidery Inc S 47784 1 L/S T-Shirt-1 Paramedic 12.00 333 7300 Uniforms 3212 On Time Embroidery Inc S 47785 2 T-Shirts-1 Paramedic 24.00 334 7320 Equipment < $5,000 1080 Air One Equipment Inc 129379 20 Nozzle Replacements 3,007.50 335 7320 Equipment < $5,000 1148 WS Darley & Co 17310042 Credit for Return of 4' Pike Pole (85.09) 336 7320 Equipment < $5,000 1148 WS Darley & Co 17310994 3' Pike Pole 74.95 337 7320 Equipment < $5,000 3396 Evac Systems 23-1321 24 Air Mask Packs 401.06 338 7320 Equipment < $5,000 4836 Zoro Tools Incorporated INV1907317 4 HazMat Containment Pools 03/28/2016 491.40 339 7500 Postage & Parcel 1080 Air One Equipment Inc 129379 20 Nozzle Replacements 32.00 36,688.46 340 5325 Training 1551 IL Fire Inspectors Assoc 19518 Public Fire & Life Safety Educator Class-P/T Insp 4/30, 5/1-5/8 350.00 341 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 158.09 508.09 44,062.45Total 70 - Fire Department Total 710 - Emergency Services Division: 720 - Fire Prevention Total 720 - Fire Prevention Page 21 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 342 5340 Pre-Employment Testing 5213 Shaughnessy, Kevin W 01/28/2018 PD Pre-Employment Polygraph Test for 6 Candidates 01/28/2018 1,200.00 343 5340 Pre-Employment Testing 5213 Shaughnessy, Kevin W 01/29/18 PD Pre-Employment Polygraph Test for 3 Candidates 01/29/2018 600.00 344 5340 Pre-Employment Testing 5213 Shaughnessy, Kevin W 01/29/2018 PD Pre-Employment Polygraph Test for 1 Candidate 12/26/2017 200.00 2,000.00 345 6025 Administrative Services 1005 A/R Concepts Inc CDP101 Nov 2017 Collection Services Nov 2017 Parking Tickets 41.87 346 6140 Leases 3827 Pitney Bowes Inc 3101927709 Feb 2018 Connect+2000 Postage Machine Lease 348.34 347 7500 Postage & Parcel 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 11.60 348 7500 Postage & Parcel 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 0.49 349 7500 Postage & Parcel 1801 Petty Cash Finance 2/20/18A Finance Petty Cash 01/01- 01/19/2018 1.47 403.77 411,095.18 350 6005 Legal Fees 3447 Holland & Knight LLP 5621839 12-17 Non-Retainer Property Enforcement Matters 2,005.00 351 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180106 Sidewalk Snow Removal - 01/07/2018, R-161-17 1,889.00 352 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180107 Sidewalk Snow Removal - 01/08/2018, R-161-17 1,889.00 353 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180110 Sidewalk Snow Removal - 01/10/2018, R-161-17 1,889.00 354 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180112 Sidewalk Snow Removal - 01/11/2018, R-161-17 1,889.00 355 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180114 Sidewalk Snow Removal - 01/15/2018, R-161-17 5,829.00 356 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180115 Sidewalk Snow Removal - 01/16/2018, R-161-17 5,829.00 Fund: 201 - TIF #1 Downtown Fund Department: 90 - Overhead Total 90 - Overhead Total 100 - General Fund Department: 75 - Fire & Police Commission Total 75 - Fire & Police Commission Page 22 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 357 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180122 Sidewalk Snow Removal - 01/23/2018, R-161-17 1,889.00 358 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180124 Sidewalk Snow Removal - 01/24/2018, R-161-17 1,889.00 359 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180128 Sidewalk Snow Removal - 01/28/2018, R-161-17 1,889.00 360 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769355925 Mats - Metra Station - 01/17/2018 50.21 361 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769360176 Mats - Metra Station - 01/24/2018 50.21 362 6325 R&M Street Lights 1044 H&H Electric Co 29781 Removed Streetlights - 1500 Block Ellinwood - 11/20/2017 1,080.00 363 7045 Supplies - Building R&M 1043 WW Grainger Inc 9672868628 2 Ballard Covers - Charging Station on Ellinwood 88.56 364 7050 Supplies - Streetscape 2016 Signarama 39073 300 Transitional Banners - 2018 6,193.78 365 8100 Improvements 3573 Lorusso Cement Contractors Inc 2016-Lee-P9 R-131-16 Contractor-Lee St Streetscape Ph3 12/13- 12/31/2017 20,052.50 54,401.26 366 6005 Legal Fees 3447 Holland & Knight LLP 5621828 12-17 Non-Retainer TIF #7 Matters 583.00 367 7550 Miscellaneous Expenses 1123 Christopher B Burke Engineering LTD 141087A FEMA LOMR Application Fee- Willow Creek Floodway 11/26- 12/31/2017 8,000.00 8,583.00 368 7140 Electricity 1033 ComEd 0193753007- 01/18 Electricity Services 12/12/2017-01/16/2018 81.84 369 7140 Electricity 1033 ComEd 2943015087- 01/18 Electricity Services 12/19/2017-01/23/2018 26,956.01 370 7160 Ice Control 6461 Compass Minerals America Inc 160025 17 Loads Rock Salt - 01/03 & 01/04/2018, R-168-17 15,387.93 371 7160 Ice Control 6461 Compass Minerals America Inc 161326 1 Load Road Salt - 01/08/2018, R-168-17 850.47 372 7160 Ice Control 6461 Compass Minerals America Inc 161532 1 Load Road Salt - 01/09/2018, R-168-17 942.19 373 7160 Ice Control 6461 Compass Minerals America Inc 172055 5 Loads Road Salt - 01/18/2018, R-168-17 4,280.39 Total 207 - TIF #7 Mannheim/Higgins South Fund: 230 - Motor Fuel Tax Fund Total 201 - TIF #1 Downtown Fund Fund: 207 - TIF #7 Mannheim/Higgins South Page 23 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 374 7160 Ice Control 6461 Compass Minerals America Inc 180143 1 Load Road Salt - 01/24/2018, R-168-17 865.69 375 7160 Ice Control 6461 Compass Minerals America Inc 181481 12 Loads Road Salt - 01/25/2018, R-168-17 11,445.68 376 7160 Ice Control 6461 Compass Minerals America Inc 182909 11 Loads Road Salt - 01/26/2018, R-168-17 10,163.45 377 7160 Ice Control 6461 Compass Minerals America Inc 182910 6 Loads Road Salt - 01/26/2018, R-168-17 5,968.93 76,942.58 378 6555 Subsidy - Emergency Shelter for Homeless Youth 1170 Harbour Inc, The HY Oct-Dec 2017 Homeless Youth 10/1/2017- 12/31/2017 1,000.00 379 6560 Subsidy - Shared Housing 1169 Center of Concern HP Oct-Dec 2017 Homeless Prevention, Shared Housing 10/1/2017- 12/31/2017 1,759.65 380 6563 Subsidy - Senior Housing and Supportive Services 1169 Center of Concern SH Oct-Dec 2017 Senior Housing and Support 10/1/2017-12/31/2017 2,220.48 381 6570 Subsidy - Residential Rehab 3993 J&S Plumbing Inc 169199 Emergency Repair Program Oct-Dec 2017 2,175.00 382 6570 Subsidy - Residential Rehab 3993 J&S Plumbing Inc 169199 Emergency Repair Program Oct-Dec 2017 25.00 383 6580 Subsidy - Housing Counsel 4912 Northwest Compass Inc HC Oct-Dec 2017 Housing Counseling 10/1/2017-12/31/2017 3,722.51 384 6600 Subsidy - Transitional Housing 1156 Wings Program Inc ES Oct-Dec 2017 Safe House Emergency Shelter Program 10/1/2017- 12/31/2017 1,746.36 12,649.00 385 6000 Professional Services 3338 Gabriel Environmental Services 0118A0072 1744 Junior Terrace Asbestos Insp & Testing 01/09- 01/29/2018 1,775.00 386 6000 Professional Services 3338 Gabriel Environmental Services 0118A0073 710 Forest Edge Asbestos Insp & Testing 01/08-01/29/2018 1,865.00 387 6000 Professional Services 3338 Gabriel Environmental Services 0118A0087 1780 Sherwood Asbestos Insp & Testing 01/11-01/29/2018 2,045.00 Fund: 240 - CDBG Fund Total 240 - CDBG Fund Fund: 250 - Grant Projects Fund Program: 2520 - Capital Grants Total 230 - Motor Fuel Tax Fund Page 24 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 388 6000 Professional Services 3338 Gabriel Environmental Services 0118A0088 348 Hawthorne Asbestos Insp & Testing 01/11-01/29/2018 1,820.00 389 6000 Professional Services 3338 Gabriel Environmental Services 0118A0089 1771 Sherwood Asbestos Insp & Testing 01/11-01/31/2018 1,325.00 390 8100 Improvements 5423 KLF Enterprises 2017- DEMO-P1 Contractor-FEMA 1935 Home Demolition 12/01-12/31/2017 R-166-17 27,180.00 391 8100 Improvements 5423 KLF Enterprises 2017-DEMO-P2 Contractor -FEMA 1935 & 4116 Home Demolition 01/01- 01/31/2018 R-166-17 129,390.35 392 8100 Improvements 5423 KLF Enterprises 2017-DEMO-P2 Contractor -FEMA 1935 & 4116 Home Demolition 01/01- 01/31/2018 R-166-17 59,611.50 225,011.85 225,011.85 393 7320 Equipment < $5,000 1045 Havey Communications 8105 (1) Code 3 LED Visor Warning Light 171.85 394 8010 Furniture & Fixtures 1604 BOS Business Office Systems Inc 65252 Furniture for New Delta Office, Desks, File Cabinets, Chairs (4) 8,245.00 8,416.85 395 6195 Miscellaneous Contractual Services 7166 Veterinary Specialty Center Inc 1814294 Bane-Veterinary Exam- Referral 1/10/2018 131.00 396 6195 Miscellaneous Contractual Services 6150 Partners & Paws Veterinary Services LLC 50450 K9 Bane Exam, Treatment, Medication Jan 16, 2018 375.72 506.72 8,923.57 397 7600 Cont Obligation - State Payments 1206 Illinois, State of 01/01- 12/31/2017 2017 Casino Revenue Distribution 10,000,000.00 398 7650 Cont Obligation - Municipalities 3101 Dixmoor , Village of 01/01- 12/31/2017 2017 Casino Revenue Distribution 198,727.49 399 7650 Cont Obligation - Municipalities 3102 Ford Heights , Village of 01/01- 12/31/2017 2017 Casino Revenue Distribution 150,685.69 Total 260 - Asset Seizure Fund Fund: 270 - Gaming Tax Fund Program: 2610 - Customs Total 2610 - Customs Program: 2640 - Forfeit Total 2640 - Forfeit Total 2520 - Capital Grants Total 250 - Grant Projects Fund Fund: 260 - Asset Seizure Fund Page 25 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 400 7650 Cont Obligation - Municipalities 3103 Hodgkins , Village of 01/01- 12/31/2017 2017 Casino Revenue Distribution 103,452.85 401 7650 Cont Obligation - Municipalities 3105 Phoenix , Village of 01/01- 12/31/2017 2017 Casino Revenue Distribution 107,107.95 402 7650 Cont Obligation - Municipalities 3106 Robbins , Village of 01/01- 12/31/2017 2017 Casino Revenue Distribution 291,061.52 403 7650 Cont Obligation - Municipalities 3107 Harvey , City of 01/01- 12/31/2017 2017 Casino Revenue Distribution 1,378,780.82 404 7650 Cont Obligation - Municipalities 3108 Markham , City of 01/01- 12/31/2017 2017 Casino Revenue Distribution 682,139.26 405 7650 Cont Obligation - Municipalities 3109 Riverdale , Village of 01/01- 12/31/2017 2017 Casino Revenue Distribution 738,908.42 406 7650 Cont Obligation - Municipalities 3110 Summit , Village of 01/01- 12/31/2017 2017 Casino Revenue Distribution 602,843.13 407 7650 Cont Obligation - Municipalities 3111 Chicago Heights , City of 01/01- 12/31/2017 2017 Casino Revenue Distribution 1,651,135.78 15,904,842.91 408 6005 Legal Fees 3447 Holland & Knight LLP 5621844 12-17 Non-Retainer ETSB Restructuring 477.00 477.00 409 6000 Professional Services 5659 V3 Companies of Illinois Ltd 1117386 Engr Svcs - 2017 Mitigation Grant Application 10/29- 11/25/2017 1,862.78 410 6000 Professional Services 5659 V3 Companies of Illinois Ltd 1217338 Engr-2017 Mitigation Grant Application 11/26- 12/30/2017 232.85 411 6000 Professional Services 5659 V3 Companies of Illinois Ltd 1217339 Engr Svcs- Grant Applications & CRS Letter 11/26- 12/30/2017 1,851.42 412 6000 Professional Services 1126 Civiltech Engineering Inc 46200 Engineering Svcs - Rand Rd Sidepath 11/25-12/29/2017 3,691.08 413 6000 Professional Services 1394 Gewalt Hamilton Associates Inc 4684.007-9 Engr Svcs-Mt. Prospect Rd Pedestrian Median 10/23- 12/17/2017 342.04 414 6005 Legal Fees 6997 Walker Wilcox Matousek LLP 128106 Ballard Rd Sidepath-Legal Svcs 2250 Ballard Rd 10/12- 10/31/2017 6,507.50 415 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 249.69 416 6025 Administrative Services 1172 Third Millennium Associates Inc 21617 Utility Bill Rendering 01/16/2018 250.64 417 7500 Postage & Parcel 1172 Third Millennium Associates Inc 21617 Utility Bill Rendering 01/16/2018 10.79 Fund: 280 - Emergency Telephone System Fund Total 280 - Emergency Telephone System Fund Fund: 400 - Capital Projects Fund Total 270 - Gaming Tax Fund Page 26 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 418 8100 Improvements 1364 Martam Construction 2017-A-P7 R-91-17 - 2017 CIP Cont A Street & Utility 01/01- 01/31/2018 317,798.36 332,797.15 419 8015 Equipment 1045 Havey Communications 7901 Removal of Equipment Squad #85 11/07/2017 390.00 390.00 420 7320 Equipment < $5,000 1080 Air One Equipment Inc 128202 2017 Hose Replacement 6,370.00 421 7320 Equipment < $5,000 1148 WS Darley & Co 17310069 14 Sets of Annual Replacement Bunker Gear Plus Shipping for 2017 26,913.32 422 8015 Equipment 1080 Air One Equipment Inc 129782 New Tools & Brackets for New Engine 61 2,580.75 35,864.07 36,254.07 423 6140 Leases 5109 Konica Minolta Premier Finance 67964041 Konica Minolta Copier Lease 01/26/2018 - 02/25/2018 4,137.00 424 8005 Computer Hardware 6625 Telquest International Inc 817424 25 Cisco 7995 & 5 Cisco 8851 Phones 7,900.00 12,037.00 425 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 94.02 94.02 426 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 780.21 427 6040 Waste Hauling & Debris Removal 1355 MQ Construction Company 12/15-11 Aggregate Material and Spoils Removal - 12/14 & 12/15/2017, R-7- 6,566.44 428 6115 Licensing/Titles 4319 Strzelecki, David M Reimb 01/18/2018 CDL License Renewal, Exp. 02/06/2022 & Tanker Endorsement 35.00 429 6115 Licensing/Titles 7167 Kelly, Sean P Reimb 07/13/2017 CDL Renewal - Expires 04/08/2022 30.00 Non Departmental Division: 510 - Engineering Total 510 - Engineering Division: 550 - Water Systems Fund: 420 - IT Replacement Fund Total 420 - IT Replacement Fund Fund: 500 - Water/Sewer Fund Department: 70 - Fire Department Total 70 - Fire Department Total 410 - Equipment Replacement Fund Total 400 - Capital Projects Fund Fund: 410 - Equipment Replacement Fund Department: 60 - Police Department Total 60 - Police Department Page 27 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 430 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 180066 69 Bench Meters Tested - 01/17/2018 1,495.00 431 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 180067 4 Bench Meters Tested - 01/17/2018 482.00 432 6195 Miscellaneous Contractual Services 4022 M E Simpson Co Inc 30996 Emergency Water Leak Locate - 12/07/2017 825.00 433 6195 Miscellaneous Contractual Services 6992 Core & Main LP I333541 29 Meters Installed, Clamps, Ball Valves & Replumb - 01/11/2018 3,964.00 434 6195 Miscellaneous Contractual Services 6992 Core & Main LP I371861 32 Meters & 16 Ground Clamps - 01/08-01/14/2018 4,176.00 435 6195 Miscellaneous Contractual Services 6992 Core & Main LP I387435 8 Meters Installed - 01/15- 01/21/2018 1,734.00 436 6305 R&M Equipment 6992 Core & Main LP I206256 Repair Sensus Command Link - 01/02/2018 325.00 437 6305 R&M Equipment 6992 Core & Main LP I355547 Repair Hand Held Meter - 01/18/2018 645.00 438 6315 R&M Buildings & Structures 1237 Pro-Line Door Systems Inc 81651 Repair Gate Opener - Maple St - 01/11/2018 276.00 439 7020 Supplies - Safety 1043 WW Grainger Inc 9674798179 300 Shoe Covers 80.99 440 7030 Supplies - Tools & Hardware 4093 HDS White Cap Construction Supply 10008175165 Torque Impact Wrench & Battery Pack 439.99 441 7030 Supplies - Tools & Hardware 1057 Menard Incorporated 10122 2 Heaters - Mainbreak Trailer 267.98 442 7030 Supplies - Tools & Hardware 1057 Menard Incorporated 10309 Batteries, Teflon Tape & Screwdriver 23.58 443 7030 Supplies - Tools & Hardware 1709 Ziebell Water Service Products Inc 240343-000 8' 2" Square Valve Box Key 69.00 444 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 5020448 3 Wrenches, 36" Sledge Hammer & Glass Cleaner 47.43 445 7035 Supplies - Equipment R&M 6679 Olson's Ace Hardware 003987/3 (4) 9V Batteries & (8) D Batteries 23.98 446 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000231445 4 Spreader Lights - PW 9024 & 8020 107.40 447 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc 01P460909.02 35 Filters & Valve - Fire & PW Stock 512.87 448 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1280220038 2 Spring Brakes & 6 Mud Flaps- PW 5037, 9032 & Stock 71.33 449 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132045750 20 Gals Washer Solvent - PW Stock 64.26 Page 28 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 450 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 410540206 4 All Season Tires - PW 9008 249.96 451 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 6082178 50 Wire Hoses & 5 Fittings - PW 9037 390.83 452 7040 Supplies - Vehicle R&M 7142 Amerisource Industrial Supply Co, Inc R017117 4 Gals Orange Pumice Hand Soap 14.79 453 7040 Supplies - Vehicle R&M 1575 Pirtek O'Hare S2632800.001 Hydraulic Hose - PW 9037 92.05 454 7040 Supplies - Vehicle R&M 1154 West Side Tractor Sales W60640 6 Teeth & 30 Keeper Pins - PW 9037 282.95 455 7040 Supplies - Vehicle R&M 1154 West Side Tractor Sales W60695 4 Buckets Hydraulic Fluid - PW 9037 354.92 456 7070 Supplies - Water System Maintenance 1355 MQ Construction Company 12/15-11 Aggregate Material and Spoils Removal - 12/14 & 12/15/2017, R-7- 2,188.81 457 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction 12696 1.31 Tons Asphalt - Mainbreak Repairs - 01/17/2018 649.76 458 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction 12707 1.98 Tons Asphalt - Mainbreak Repair - 01/19/2018 259.38 459 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction 12725 7.82 Tons Asphalt - Mainbreak Repair - 01/24/2018 1,024.42 460 7070 Supplies - Water System Maintenance 1703 Prosafety Inc 2/844270 36 Blue & 36 Green Spray Paint Cans - JULIE's 183.60 461 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 240279-000 2 Repair Clamps 298.00 462 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 240307-000 Misc B-Box Parts 206.59 463 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 240323-000 6 Repair Clamps 770.00 464 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 240344-000 Coupling & 9" Valve Box Extension 359.00 465 7070 Supplies - Water System Maintenance 1072 Prairie Material 888388501 6.00 Cu Yds Concrete - Mainbreak Repair - 12/18/2017 1,021.50 466 7070 Supplies - Water System Maintenance 6992 Core & Main LP I259889 Emergency Purchase of Water Main Materials-01/10/2018 2,775.00 467 7070 Supplies - Water System Maintenance 6992 Core & Main LP I332535 7 Repair Clamps 1,077.00 Page 29 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 468 7070 Supplies - Water System Maintenance 6992 Core & Main LP I346440 6 Repair Clamps 526.30 469 7070 Supplies - Water System Maintenance 6992 Core & Main LP I364476 356 Multiple Sized Meters & Installation Parts, R-8-18 66,971.60 470 7070 Supplies - Water System Maintenance 6992 Core & Main LP I382867 2" Meter 523.00 471 7070 Supplies - Water System Maintenance 6992 Core & Main LP I382881 28 Meter Couplings 280.00 472 7070 Supplies - Water System Maintenance 6992 Core & Main LP I387505 100 Meter Couplings 1,400.00 473 7105 Wholesale Water - NWWC 2901 Northwest Water Commission 01312018 Wholesale Water Purchase - January 2018 R-183-14 292,776.12 474 7120 Gasoline 5415 Gas Depot Inc 52254 5,500 Gals Unleaded Gas Delivered 01/16/2018, R-57- 17 1,415.59 475 7130 Diesel 5415 Gas Depot Inc 52257 2,500 Gals Bio Diesel Gas Delivered 01/16/2018, R-57- 17 720.80 476 7140 Electricity 1033 ComEd 4436122006- 01/18 Electricity Services 12/12/2017-01/16/2018 8,512.97 477 7200 Other Supplies 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 60.00 478 7500 Postage & Parcel 1677 Wholesale Direct Inc 000231338 Shipping for Flashlight Warranty Repair 01/19/2018 - PW 9007 29.44 408,456.84 479 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 332.83 480 6040 Waste Hauling & Debris Removal 1355 MQ Construction Company 12/15-11 Aggregate Material and Spoils Removal - 12/14 & 12/15/2017, R-7- 729.60 481 6505 Subsidy - Sewer Lateral Program 7177 Giblin, Joseph P SLP18-004 Sewer Rebate 01/30/2018 967.50 482 6505 Subsidy - Sewer Lateral Program 7181 Rizwan, Muhammad SLP18-005 Sewer Rebate 01/30/2018 1,335.00 483 6505 Subsidy - Sewer Lateral Program 7176 Nakraszewicz, Iwona SLP18-006 Sewer Rebate 01/30/2018 2,000.00 484 6505 Subsidy - Sewer Lateral Program 7182 Rominski, Philip B SLP18-007 Sewer Rebate 01/30/2018 1,875.00 485 6510 Subsidy - Flood Assistance 7180 Dunn, Warren D FRP18-007 Flood Rebate 01/30/2018 1,907.10 Total 550 - Water Systems Division: 560 - Sewer Systems Page 30 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 486 6510 Subsidy - Flood Assistance 7179 Ewaldt, Frederick FRP18-008 Flood Rebate 01/30/2018 2,000.00 487 6510 Subsidy - Flood Assistance 1825 Hennessy, Eileen M FRP18-009 Flood Rebate 01/30/2018 1,892.40 488 6510 Subsidy - Flood Assistance 7178 Stegmeier, Timothy FRP18-010 Flood Rebate 01/30/2018 2,000.00 489 6510 Subsidy - Flood Assistance 7105 Louckes, Peter FRP18-011 Flood Rebate 01/30/2018 630.00 490 6510 Subsidy - Flood Assistance 7157 Duckmann, Mark FRP18-012 Flood Rebate 01/30/2018 219.00 491 6510 Subsidy - Flood Assistance 7181 Rizwan, Muhammad FRP18-013 Flood Rebate 01/31/2018 494.79 492 7030 Supplies - Tools & Hardware 1709 Ziebell Water Service Products Inc 240345-000 8' 2" Square Valve Box Key & 7' Shut Off Key 162.00 493 7035 Supplies - Equipment R&M 1043 WW Grainger Inc 9671747898 foot switch for ro 65.16 494 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000231445 4 Spreader Lights - PW 9024 & 8020 107.40 495 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132045750 20 Gals Washer Solvent - PW Stock 45.90 496 7040 Supplies - Vehicle R&M 1823 Certified Laboratories 2988344 24 10-Oz Cans Spray Grease - PW 8020 301.12 497 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 432093P Door Run - PW 8027 136.86 498 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co P03540 Retractable Light Cord - PW 8020 163.70 499 7075 Supplies - Sewer System Maintenance 1355 MQ Construction Company 12/15-11 Aggregate Material and Spoils Removal - 12/14 & 12/15/2017, R-7- 1,459.21 500 7075 Supplies - Sewer System Maintenance 1255 Neenah Foundry Co 238310 8 Inlet Frames, 8 Curb Boxes & 8 Grates 2,536.00 501 7075 Supplies - Sewer System Maintenance 1255 Neenah Foundry Co 523980 Returned 4 Inlet Frames, 4 Curb Boxes & 4 Grates (1,268.00) 502 7120 Gasoline 5415 Gas Depot Inc 52254 5,500 Gals Unleaded Gas Delivered 01/16/2018, R-57- 17 411.26 503 7130 Diesel 5415 Gas Depot Inc 52257 2,500 Gals Bio Diesel Gas Delivered 01/16/2018, R-57- 17 204.43 504 7140 Electricity 1033 ComEd 3240002012- 01/18 Electricity Services 12/22/2017-01/26/2018 906.43 21,614.69Total 560 - Sewer Systems Page 31 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 505 8100 Improvements 1364 Martam Construction 2017-A-P7 R-91-17 - 2017 CIP Cont A Street & Utility 01/01- 01/31/2018 54,572.69 54,572.69 484,738.24 506 6015 Communication Services 1552 Verizon Wireless 9799849933 Communication Service 12/14/2017-01/13/2018 56.01 507 6025 Administrative Services 1172 Third Millennium Associates Inc 21617 Utility Bill Rendering 01/16/2018 1,176.07 508 7000 Office Supplies 1644 Warehouse Direct Inc 3757468-0 2 Cartons of Copy Paper 33.05 509 7500 Postage & Parcel 1172 Third Millennium Associates Inc 21617 Utility Bill Rendering 01/16/2018 50.65 1,315.78 486,054.02 510 6320 R&M Parking Lots 5387 Core Mechanical Inc 15143 Rebuild Backflow Preventer - Metro Square Parking - 01/02/2018 1,095.00 1,095.00 511 5570 Self Insured P&L Expense 1328 John Neri Construction Company Inc 011818-A Emergency Fire Department Assistance-Maine Scrap - 01/11/2018 3,164.91 512 5570 Self Insured P&L Expense 1044 H&H Electric Co 29780 Light Pole Knockdown Repair- Lee & Jefferson-11/19/2017, R-56-16 2,774.10 513 6005 Legal Fees 3447 Holland & Knight LLP 5621835 12-17 Non-Retainer PSEBA Proceedings 165.00 514 6005 Legal Fees 3447 Holland & Knight LLP 5621852 12-17 Non-Retainer PSEBA Proceedings 385.00 515 6005 Legal Fees 3447 Holland & Knight LLP 5621853 12-17 Non-Retainer PSEBA Proceedings 3,752.25 516 6005 Legal Fees 3447 Holland & Knight LLP 5621856 12-17 Non-Retainer PSEBA Proceedings 621.00 10,862.26 517 2486 Additional Contracts - Engineering 3573 Lorusso Cement Contractors Inc 2016-Lee-P9 R-131-16 Contractor-Lee St Streetscape Ph3 12/13- 12/31/2017 217.42 Fund: 700 - Escrow Fund Fund: 510 - City Owned Parking Fund Total 510 - City Owned Parking Fund Fund: 600 - Risk Management Fund Total 600 - Risk Management Fund Department: 30 - Finance Total 30 - Finance Total 500 - Water/Sewer Fund Division: 580 - CIP - Water/Sewer Total 580 - CIP - Water/Sewer Total 00 - Non Departmental Page 32 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Account 518 2486 Additional Contracts - Engineering 1364 Martam Construction 2017-A-P7 R-91-17 - 2017 CIP Cont A Street & Utility 01/01- 01/31/2018 55.66 519 2493 Escrow Projects 3573 Lorusso Cement Contractors Inc 2016-Lee-P9 R-131-16 Contractor-Lee St Streetscape Ph3 12/13- 12/31/2017 90.72 520 2493 Escrow Projects 3447 Holland & Knight LLP 5621825 12-17 Reimb Redevelopment 71.00 521 2493 Escrow Projects 3447 Holland & Knight LLP 5621829 12-17 Reimb Redevelopment 731.50 522 2493 Escrow Projects 3447 Holland & Knight LLP 5621829 12-17 Reimb Redevelopment 332.50 523 2493 Escrow Projects 3447 Holland & Knight LLP 5621830 12-17 Reimb Redevelopment 2,194.50 524 2493 Escrow Projects 3447 Holland & Knight LLP 5621832 12-17 Reimb Redevelopment 77.00 525 2493 Escrow Projects 3447 Holland & Knight LLP 5621833 12-17 Reimb Redevelopment 308.00 526 2493 Escrow Projects 4997 JMS Appraisal Group Inc 8011601 City Owned Parking Lot Appraisal 671 Graceland 01/16/2018 600.00 527 2493 Escrow Projects 1801 Petty Cash Finance 02/20/18 Replenish Finance Petty Cash 01/06-12/21/2017 31.92 4,710.22 17,586,736.08 Total 700 - Escrow Fund Grand Total Page 33 of 36 Line #Vendor Invoice Invoice Description Amount 528 2471 Red Light Payable 4297 Des Plaines Photo Enforcement Program 17056004598193 00 Red Light Cash Payment 01/29/2018 100.00 529 2471 Red Light Payable 4297 Des Plaines Photo Enforcement Program 17056004655007 39 Red Light Cash Payment 01/23/2018 100.00 530 2471 Red Light Payable 4297 Des Plaines Photo Enforcement Program 17056004711554 32 Red Light Cash Payment 01/30/2018 100.00 300.00 531 6015 Communication Services 1533 Wide Open West LLC 11526044Jan2018 A Internet/Cable Service x6044 01/21-02/20/2018 146.96 146.96 146.96 532 6015 Communication Services 1032 Comcast Cable 01/18/18 x6724 Internet/Cable Service for Feb 2018 16.74 533 6015 Communication Services 1009 AT&T 708R06860001-18 Communication Service 12/16/2017-01/15/2018 472.29 489.03 489.03 534 6015 Communication Services 1032 Comcast Cable 01/22/18 x6716 Internet/Cable Service for Feb 2018 14.65 14.65 535 6115 Licensing/Titles 1472 IL Department of Public Health L#8180-05 FY2018 2018 License Fee for New Ambulance #63 25.00 25.00 25.00 536 6015 Communication Services 1533 Wide Open West LLC 11526044Jan2018 B Internet/Cable Service x1245 01/21-02/20/2018 785.89 537 6015 Communication Services 1533 Wide Open West LLC 11526044Jan2018 C Internet/Cable Service x1246 01/21-02/20/2018 1,139.50 1,925.39 2,901.03 City of Des Plaines Warrant Register 02/20/2018 Fund: 100 - General Fund City Administration Manual Checks Account Division: 230 - Information Technology Total 230 - Information Technology Total 20 - City Administration Police Department Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Total 60 - Police Department Department: 65 - Emergency Management Agency Total 65 - Emergency Management Agency Fire Department Division: 710 - Emergency Services Total 710 - Emergency Services Total 70 - Fire Department Department: 90 - Overhead Total 90 - Overhead Total 100 - General Fund Total 00 - Non Departmental Page 34 of 36 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 02/20/2018 Manual Checks Account 538 7110 Natural Gas 1064 Nicor 01/12/18 x550488 Natural Gas Service 12/12/2017-01/12/2018 130.85 539 7110 Natural Gas 1064 Nicor 01/12/18 x603131 Natural Gas Service 12/12/2017-01/12/2018 111.56 242.41 540 6000 Professional Services 1206 Illinois, State of Rand Trees-1 Refund Rand Rd ITEP Tree Enhancement-Project Termination Grant #102230 7,848.33 541 6195 Miscellaneous Contractual Services 7184 Cornejo, Francisco FEMA Refund FEMA Flood Ins Reimbursement-FEMA 1935 Grant 10,079.30 17,927.63 17,927.63 542 6015 Communication Services 1533 Wide Open West LLC 11526044Jan2018 D Internet/Cable Service x0573 01/21-02/20/2018 420.00 543 7110 Natural Gas 1064 Nicor 01/15/18 x054542 Natural Gas Service 12/13/2017-01/15/2018 203.87 544 7110 Natural Gas 1064 Nicor 01/15/18 x400005 Natural Gas Service 12/14/2017-01/15/2018 104.73 545 7110 Natural Gas 1064 Nicor 01/17/18 x500005 Natural Gas Service 12/15/2017-01/17/2018 841.83 546 7110 Natural Gas 1064 Nicor 01/17/18 x500009 Natural Gas Service 12/15/2017-01/17/2018 172.48 1,742.91 1,742.91 22,813.98 Fund: 250 - Grant Projects Fund Program: 2520 - Capital Grants Grand Total Total 500 - Water/Sewer Fund Fund: 500 - Water/Sewer Fund Division: 550 - Water Systems Total 550 - Water Systems Total 2520 - Capital Grants Total 250 - Grant Projects Fund Fund: 201 - TIF #1 Downtown Fund Total 201 - TIF #1 Downtown Fund Page 35 of 36 Amount Transfer Date Automated Accounts Payable 17,586,736.08$ **2/20/2018 Manual Checks 22,813.98$ **2/2/2018 Payroll 1,298,231.09$ 2/2/2018 -$ Electronic Transfer Activity: Bank of America Credit Card -$ Chicago Water Bill ACH -$ Postage Meter Direct Debits 3,000.00$ 1/30/2018 Utility Billing Refunds -$ First Merit Bank Fees -$ IMRF Payments 159,743.64$ 2/7/2018 FEMA Buyouts 359,500.00$ 1/30/2018 Employee Medical Trust 665,168.03$ 2/1/2018 Total Cash Disbursements:20,095,192.82$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Twentieth Day of February 2018 Ayes ______ Nays _______ Absent _______ Jennifer L. Tsalapatanis, City Clerk Matthew J. Bogusz, Mayor City of Des Plaines Warrant Register 02/20/2018 Summary RHS Payout Page 36 of 36 FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: February 8, 2018 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Issuance of Series 2018 General Obligation Refunding Bonds Issue: For the City Council to authorize the refinancing of the following outstanding General Obligation (G.O.) Bonds: • Refund $3.650M of the G.O. Bonds, Series 2010A (TIF #3) • Refund $5.844M of the G.O. Bonds, Series 2010B (TIF #3, Capital Appreciation) Analysis: Interest rates continue to be at record low levels creating a favorable opportunity for the City to use bond refinancing as a debt management tool. Utilizing such action will provide interest cost savings, reduce the outstanding debt and ease the burden of annual debt service payments for the City. Table 1 below summarizes the outstanding balances after December 1, 2017 payments as well as the funding sources and maturity dates. The last column in the table provides the recommended course of action. Table 1 Bond Issue Funding Source Purpose Principal Amount Outstanding Maturity Date Proposed Action 2010A TIF #3 Redevelopment Project Costs 3,945,000 12/1/2028 Refund 2010B TIF #3 Redevelopment Project Costs 5,843,853 12/1/2026 Refund Total Outstanding Amount 9,788,853 Benchmarks: When evaluating the pertinence of the debt refunding, the following three key benchmarks must be taken into consideration in making a decision: • Net present value (NPV) savings (net of all issuance costs and any cash contribution to the refunding) should be at least 3-5 percent of the refinanced bonds. • Present value savings must exceed twice the costs of the issue. • There should be no extensions to existing maturity dates. Refunding: As noted in Table 1 above and Table 2 below, the 2010A and 2010B Series of Bonds are currently callable and therefore can be refunded for interest rate savings. Table 2 below summarizes the outstanding principal balances of the bonds earmarked for 2018 refunding as well as funding sources, maturity MEMORANDUM Page 1 of 34 dates and estimated savings. Table 2 Bond Issue Funding Source Principal Amount Outstanding Maturity Date Estimated Savings % of NPV Proposed Bond Series 2010A TIF #3 3,945,000 12/1/2021 238,000 6.50% 2018A 2010B TIF #3 5,843,853 12/1/2022 1,126,000 12.86% 2018B Total 9,788,853 1,364,000 The callable $3.945M G.O. Bonds, Series 2010A were issued to refinance bonds that financed redevelopment project costs in TIF #3. A portion of the outstanding principal balance of $3.650M will be refunded with $3.750M G.O. Refunding Bonds, Series 2018 and the original maturity date of December 1, 2028. This refunding will result in estimated savings of approximately $238K or 6.50% of the refunded principal. The callable $11.630M of G.O. Bonds, Series 2010B were issued to refinance bonds that financed redevelopment project costs in TIF #3. The outstanding balance will be refunded with approximately $8.940M G.O. Refunding Bonds, Series 2018 and the original maturity date of December 1, 2026. This refunding will result in estimated savings of $1.126M or 12.86% of the refunded principal. The 2018 refunding will satisfy all three key benchmarks outlined above: • NPV savings is projected to be at 6.5% and 12.86% for Series 2010A and 2010B respectively of the refinanced bonds – above the 3% to 5% recommended amount. • Present value savings are estimated at $1.36M – well above the recommended two times the cost of issuance ($100K) amount. • The current maturity date will remain unchanged. TIF #3 Financial Analysis: Based on the current financials of TIF #3, the 2017 ending balance in the TIF is projected to be a negative $3.0M. Based on the debt service costs in the TIF, the fund balance is projected to continue to go negative to $6.7M in 2026 and begins to turn around in 2027, reaching a positive balance of $900K in 2030. With the proposed refunding of the 2010A and 2010B series bonds, the TIF is projected to reach a negative fund balance of $4.9M in 2026 as compared to the original negative $6.7M, thus alleviating $1.8M in future debt service costs which would be paid through the General Fund until the TIF becomes self- sustaining. The projected positive fund balance with this refunding is still 2030. An Ordinance to refund a portion of the G.O. Bonds, Series 2010A (TIF#3), and all the remaining G.O. Bonds, Series 2010B (TIF #3) will be presented to the City Council at the February 20, 2018 meeting for the issuance of General Obligation Refunding Bonds, Series 2018. Recommendation: I recommend that the City Council approve the attached Ordinance authorizing the issuance of General Obligation Refunding Bonds, Series 2018 and providing for the redemption of outstanding G.O. Bonds, Series 2010A and 2010B (TIF #3). Attachments: Attachment 1: Ordinance M-4-18: Authorizing the issuance of General Obligation Refunding Bonds of Series 2018 of the City of Des Plaines, IL. Page 2 of 34 Adopted by the City Council on March __, 2018 Published in Pamphlet Form by the authority of the City Council on March __, 2018. CITY OF DES PLAINES ORDINANCE M - 4 - 18 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018, OF THE CITY OF DES PLAINES, ILLINOIS Attachment 1 Page 3 of 34 -1- CITY OF DES PLAINES ORDINANCE M - 4 - 18 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018, OF THE CITY OF DES PLAINES, ILLINOIS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AS FOLLOWS: Section 1. Authority and Purposes. This ordinance is adopted pursuant to Section 6 of Article VII of the Illinois Constitution of 1970 for the purpose of authorizing general obligation bonds of the City (the “2018 Bonds”) for financing the refunding and redemption of (A) the $3,650,000 outstanding principal amount of the General Obligation Refunding Bonds, Series 2010A, of the City maturing in the years 2019 to 2028, both inclusive (the “2010A Bonds”) and (B) the $5,843,853.25 outstanding original principal amount of General Obligation Ref unding Bonds, Series 2010B (Capital Appreciation Bonds), of the City (the “2010B Bonds” and together with the 2010A Bonds, the “Prior Bonds”). The Prior Bonds were issued for the purpose of refunding obligations issued for the financing of Redevelopment Project Costs as defined in the Tax Increment Allocation Redevelopment Act, 65 Illinois Compiled Statutes 5/11-74.4 (the “Redevelopment Act”) and included in the redevelopment plan heretofore adopted by the City with respect to a tax increment redevelopment project area heretofore established by the City pursuant to the Redevelopment Act and designated as “TIF Redevelopment Project Area No. 3.” Attachment 1 Page 4 of 34 -2- Section 2. Refunding Plan. The City hereby elects to redeem the 2010A Bonds at the redemption price equal to the principal amount thereof to be redeemed together with interest thereon to the date fixed for redemption. The City hereby elects to redeem the 2010B Bonds at redemption prices equal to the accreted value of each such 2010B Bond on the date fixed for redemption. The redemption date for the Prior Bonds shall be determined by the Director of Finance and shall be within 90 days after the date of issuance of the 2018 Bonds. The Mayor, the Director of Finance and the other officers of the City are authorized and directed to do, or cause to be done, all things necessary to accomplish the refunding plan as set forth in this Section. Section 3. Authorization and Terms of 2018 Bonds. The sum of $_______________ is appropriated to meet the estimated cost of refunding the Prior Bonds. Said estimated cost is inclusive of the costs of issuance of the 2018 Bonds. Pursuant to the home rule powers of the City to incur debt payable from ad valorem property tax receipts, unlimited tax general obligation bonds of the City are authorized to be issued and sold in an aggregate principal amount of $_______________, and shall be designated “General Obligation Refunding Bonds, Series 2018” (the “2018 Bonds”). The 2018 Bonds shall be issuable in the denominations of $5,000 or any integral multiple thereof and may bear such identifying numbers or letters as shall be useful to facilitate the registration, transfer and exchange of 2018 Bonds. Unless otherwise determined in the order to authenticate the 2018 Bonds, each 2018 Bond delivered upon the original issuance of the 2018 Bonds shall be dated as of its date of original issuance. Each 2018 Bond thereafter issued upon any transfer, exchange or Attachment 1 Page 5 of 34 -3- replacement of 2018 Bonds shall be dated so that no gain or loss of interest shall result from such transfer, exchange or replacement. The 2018 Bonds shall mature on December 1 in each year shown in the following table in the respective principal amount set forth opposite each such year and the 2018 Bonds maturing in each such year shall bear interest at the respective rate per annum set forth opposite such year: Year Principal Amount Interest Rate 2018 $ ,000 . % 2019 ,000 2020 ,000 2021 ,000 2022 ,000 2023 ,000 2024 ,000 2025 ,000 2026 ,000 2027 ,000 2028 ,000 Each 2018 Bond shall bear interest from its date, computed on the basis of a 360 day year consisting of twelve 30 day months and payable in lawful money of the United States of America on December 1, 2018 and semiannually thereafter on each June 1 and December 1 at the rates per annum herein determined. The principal of the 2018 Bonds shall be payable in lawful money of the United States of America upon presentation and surrender thereof at the principal corporate trust office of Amalgamated Bank of Chicago, in the City of Chicago, Illinois, which is hereby appointed as bond registrar and paying agent for the 2018 Bonds. Interest on the 2018 Bonds shall be payable on each interest payment date to the registered owners of record thereof appearing on the registration books maintained by the City for Attachment 1 Page 6 of 34 -4- such purpose at the principal corporate trust office of the bond registrar, as of the close of business on the 15th day of the calendar month next preceding the applicable interest payment date. Interest on the 2018 Bonds shall be paid by check or draft mailed to such registered owners at their addresses appearing on the registration books or by wire transfer pursuant to an agreement by and between the City and the registered owner. The 2018 Bonds maturing on or after December 1, 2025 shall be subject to redemption prior to maturity at the option of the City and upon notice as herein provided, in such principal amounts and from such maturities as the City shall determine and by lot within a single maturity, on December 1, 2024 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed. The 2018 Bonds maturing on December 1, 20__, shall be subject to mandatory redemption, in part and by lot, on December 1 of the years 20__ to 20__, both inclusive, in the following principal amounts, each constituting a sinking fund installment for the retirement of the 2018 Bonds maturing on December 1, 20__: Year Principal Amount 20__ $ ,000 20__ ,000 20__ ,000 The final principal amount of the 2018 Bonds maturing on December 1, 20__, is $_____,000. The 2018 Bonds maturing on December 1, 20__, shall be subject to mandatory redemption, in part and by lot, on December 1 of the years 20__ to 20__, both inclusive, Attachment 1 Page 7 of 34 -5- in the following principal amounts, each constituting a sinking fund installment for the retirement of the 2018 Bonds maturing on December 1, 20__: Year Principal Amount 20__ $ ,000 20__ ,000 20__ ,000 The final principal amount of the 2018 Bonds maturing on December 1, 20__, is $_____,000. All 2018 Bonds subject to mandatory sinking fund redemption shall be redeemed at a redemption price equal to the principal amount thereof to be redeemed. The bond registrar is hereby authorized and directed to mail notice of the mandatory sinking fund redemption of the 2018 Bonds in the manner herein provided. Whenever 2018 Bonds subject to mandatory sinking fund redemption are redeemed at the option of the City, the principal amount thereof so redeemed shall be credited against the unsatisfied balance of future sinking fund installments or final principal amount established with respect to such 2018 Bonds, in such amounts and against such installments or final principal amount as shall be determined by the City in the proceedings authorizing such optional redemption or, in the absence of such determination, shall be credited pro-rata against the unsatisfied balance of the applicable sinking fund installments and final principal amount. On or prior to the 60th day preceding any sinking fund installment date, the City may purchase 2018 Bonds, which are subject to mandatory redemption on such sinking fund installment date, at such prices as the City shall determine. Any 2018 Bond so purchased shall be cancelled and the principal amount thereof so purchased shall be Attachment 1 Page 8 of 34 -6- credited against the unsatisfied balance of the next ensuing sinking fund installment of the 2018 Bonds of the same maturity as the 2018 Bond so purchased. In the event of the redemption of less than all the 2018 Bonds of like maturity, the aggregate principal amount thereof to be redeemed shall be $5,000 or an integral multiple thereof and the bond registrar shall assign to each 2018 Bond of such maturity a distinctive number for each $5,000 principal amount of such 2018 Bond and shall select by lot from the numbers so assigned as many numbers as, at $5,000 for each number, shall equal the principal amount of such 2018 Bonds to be redeemed. The 2018 Bonds to be redeemed shall be the 2018 Bonds to which were assigned numbers so selected; provided that only so much of the principal amount of each 2018 Bond shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. Notice of the redemption of 2018 Bonds shall be mailed not less than 30 days nor more than 60 days prior to the date fixed for such redemption to the registered owners of 2018 Bonds to be redeemed at their last addresses appearing on said registration books. The 2018 Bonds or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for payment of the redemption price of all the 2018 Bonds or portions thereof to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, and if notice of redemption shall have been mailed as aforesaid (and notwithstanding any defect therein or the lack of actual receipt thereof by any registered owner) then from and after the redemption date interest on such 2018 Bonds or portions thereof shall cease to accrue and become payable. If there shall be drawn for redemption less Attachment 1 Page 9 of 34 -7- than all of a 2018 Bond, the City shall execute and the bond registrar shall authenticate and deliver, upon the surrender of such 2018 Bond, without charge to the owner thereof, in exchange for the unredeemed balance of the 2018 Bond so surrendered, 2018 Bonds of like maturity and interest rate and of the denomination of $5,000 or any integral multiple thereof. The bond registrar shall not be required to transfer or exchange any 2018 Bond after notice of the redemption of all or a portion thereof has been mailed. The bond registrar shall not be required to transfer or exchange any 2018 Bond during a period of 15 days next preceding the mailing of a notice of redemption that could designate for redemption all or a portion of such 2018 Bond. Section 4. Sale and Delivery. The 2018 Bonds are hereby sold to _____________________________, as purchaser, at a price of $_______________ and accrued interest from their date to the date of delivery and payment therefor. The Official Statement prepared with respect to the 2018 Bonds is approved and “deemed final” as of its date for purposes of Securities and Exchange Commission Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. The Mayor, City Clerk and other officials of the City are authorized and directed to do and perform, or cause to be done or performed for or on behalf of the City each and every thing necessary for the issuance of the 2018 Bonds, including the proper execution and delivery of the 2018 Bonds and the Official Statement. Section 5. Execution and Authentication. Each 2018 Bond shall be executed in the name of the City by the manual or authorized facsimile signature of its Mayor and the corporate seal of the City, or a facsimile thereof, shall be thereunto Attachment 1 Page 10 of 34 -8- affixed or otherwise reproduced thereon and attested by the manual or authorized facsimile signature of its City Clerk. In case any officer whose signature, or a facsimile of whose signature, shall appear on any 2018 Bond shall cease to hold such office before the issuance of the 2018 Bond, such 2018 Bond shall nevertheless be valid and sufficient for all purposes, the same as if the person whose signature, or a facsimile thereof, appears on such 2018 Bond had not ceased to hold such office. Any 2018 Bond may be signed, sealed or attested on behalf of the City by any person who, on the date of such act, shall hold the proper office, notwithstanding that at the date of such 2018 Bond such person may not have held such office. No recourse shall be had for the payment of any 2018 Bonds against any officer who executes the 2018 Bonds. Each 2018 Bond shall bear thereon a certificate of authentication executed manually by the bond registrar. No 2018 Bond shall be entitled to any right or benefit under this ordinance or shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the bond registrar. Section 6. Transfer, Exchange and Registry. The 2018 Bonds shall be negotiable, subject to the provisions for registration of transfer contained herein. Each 2018 Bond shall be transferable only upon the registration books maintained by the City for that purpose at the principal corporate trust office of the bond registrar, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the bond registrar and duly executed by the registered owner or his duly authorized attorney. Upon the surrender for transfer of any such 2018 Bond, the City shall execute and the Attachment 1 Page 11 of 34 -9- bond registrar shall authenticate and deliver a new 2018 Bond or 2018 Bonds registered in the name of the transferee, of the same aggregate principal amount, maturity and interest rate as the surrendered 2018 Bond. 2018 Bonds, upon surrender thereof at the principal corporate trust office of the bond registrar, with a written instrument satisfactory to the bond registrar, duly executed by the registered owner or his attorney duly authorized in writing, may be exchanged for an equal aggregate principal amount of 2018 Bonds of the same maturity and interest rate and of the denominations of $5,000 or any integral multiple thereof. For every such exchange or registration of transfer of 2018 Bonds, the City or the bond registrar may make a charge sufficient for the reimbursement of any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. No other charge shall be made for the privilege of making such transfer or exchange. The provisions of the Illinois Bond Replacement Act shall govern the replacement of lost, destroyed or defaced 2018 Bonds. The City and the bond registrar may deem and treat the person in whose name any 2018 Bond shall be registered upon the registration books as the absolute owner of such 2018 Bond, whether such 2018 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of or interest thereon and for all other purposes whatsoever, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability Attachment 1 Page 12 of 34 -10- upon such 2018 Bond to the extent of the sum or sums so paid, and neither the City nor the bond registrar shall be affected by any notice to the contrary. Section 7. General Obligations. The full faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the 2018 Bonds. The 2018 Bonds shall be direct and general obligations of the City, and the City shall be obligated to levy ad valorem taxes upon all the taxable property in the City for the payment of the 2018 Bonds and the interest thereon, without limitation as to rate or amount. Section 8. Form of Bonds. The 2018 Bonds shall be issued as fully registered bonds and shall be in substantially the following form, the blanks to be appropriately completed when the 2018 Bonds are printed: No. ________ United States of America State of Illinois County of Cook CITY OF DES PLAINES GENERAL OBLIGATION REFUNDING BOND, SERIES 2018 INTEREST RATE MATURITY DATE DATED DATE CUSIP . % December 1, ____ __________, 2018 250217 ___ REGISTERED OWNER: Cede & Co. PRINCIPAL AMOUNT: The CITY OF DES PLAINES, a municipal corporation and a home rule unit of the State of Illinois situate in the County of Cook, acknowledges itself indebted and for Attachment 1 Page 13 of 34 -11- value received hereby promises to pay to the registered owner of this bond, or registered assigns, the principal amount specified above on the maturity date specified above, and to pay interest on such principal amount from the date hereof at the interest rate per annum specified above, computed on the basis of a 360 day year consisting of twelve 30 day months and payable in lawful money of the United States of America on December 1, 2018 and semiannually thereafter on June 1 and December 1 in each year until the principal amount shall have been paid, to the registered owner of record hereof as of the 15th day of the calendar month next preceding such interest payment date, by wire transfer pursuant to an agreement by and between the City and the registered owner, or otherwise by check or draft mailed to the registered owner at the address of such owner appearing on the registration books maintained by the City for such purpose at the principal corporate trust office of Amalgamated Bank of Chicago, in the City of Chicago, Illinois, as bond registrar or its successor (the “Bond Registrar”). This bond, as to principal when due, will be payable in lawful money of the United States of America upon presentation and surrender of this bond at the principal corporate trust office of the Bond Registrar. The full faith and credit of the City are irrevocably pledged for the punctual payment of the principal of and interest on this bond according to its terms. This bond is one of a series of bonds issued in the aggregate principal amount of $______,000, which are authorized and issued under and pursuant to Section 6 of Article VII of the Illinois Constitution of 1970 and under and in accordance with an ordinance adopted by the City Council of the City on March 5, 2018 and entitled: “Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series Attachment 1 Page 14 of 34 -12- 2018, of the City of Des Plaines, Illinois.” This bond is issued in part in accordance with the provisions of the Tax Increment Allocation Redevelopment Act, 65 Illinois Compiled Statutes 5/11-74.4, and for the purpose of refunding bonds issued for the purpose of financing redevelopment project costs. The bonds of such series maturing on or after December 1, 2025 are subject to redemption prior to maturity at the option of the City and upon notice as herein provided, in such principal amounts and from such maturities as the City shall determine and by lot within a single maturity, on December 1, 2024 and on any date thereafter, at a redemption price equal to the principal amount thereof to be redeemed. The bonds of such series maturing in the years 20___, 20___ and 20___ (the “Term Bonds”) are subject to mandatory redemption, in part and by lot, on December 1 of the years and in the respective principal amounts set forth in the following tables, by the application of sinking fund installments, at a redemption price equal to the principal amount thereof to be redeemed: 20___ Term Bonds 20___ Term Bonds 20___ Term Bonds Year Principal Amount Year Principal Amount Year Principal Amount 20__ $ ,000 20__ $ ,000 20__ $ ,000 20__ ,000 20__ ,000 20__ ,000 20__ ,000 20__ ,000 20__ ,000 Notice of the redemption of bonds will be mailed not less than 30 days nor more than 60 days prior to the date fixed for such redemption to the registered owners of bonds to be redeemed at their last addresses appearing on such registration books. The bonds or portions thereof specified in said notice shall become due and payable at the applicable redemption price on the redemption date therein designated, and if, on the redemption date, moneys for payment of the redemption price of all the bonds or Attachment 1 Page 15 of 34 -13- portions thereof to be redeemed, together with interest to the redemption date, shall be available for such payment on said date, and if notice of redemption shall have been mailed as aforesaid (and notwithstanding any defect therein or the lack of actual receipt thereof by any registered owner) then from and after the redemption date interest on such bonds or portions thereof shall cease to accrue and become payable. This bond is transferable only upon such registration books by the registered owner hereof in person, or by his attorney duly authorized in writing, upon surrender hereof at the principal corporate trust office of the Bond Registrar together with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered owner or by his duly authorized attorney, and thereupon a new registered bond or bonds, in the authorized denominations of $5,000 or any integral multiple thereof and of the same aggregate principal amount, maturity and interest rate as this bond shall be issued to the transferee in exchange therefor. In like manner, this bond may be exchanged for an equal aggregate principal amount of bonds of the same maturity and interest rate and of any of such authorized denominations. The City or the Bond Registrar may make a charge sufficient for the reimbursement of any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange of this bond. No other charge shall be made for the privilege of making such transfer or exchange. The City and the Bond Registrar may treat and consider the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal and interest due hereon and for all other purposes whatsoever. Attachment 1 Page 16 of 34 -14- This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been duly executed by the Bond Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist and be performed precedent to and in the issuance of this bond in order to make it a legal, valid and binding obligation of the City have been done, exist and have been performed in regular and due time, form and manner as required by law, and that the series of bonds of which this bond is one, together with all other indebtedness of the City, is within every debt or other limit prescribed by law. Attachment 1 Page 17 of 34 -15- IN WITNESS WHEREOF, the City of Des Plaines has caused this bond to be executed in its name and on its behalf by the manual or facsimile signature of its Mayor, and its corporate seal, or a facsimile thereof, to be hereunto affixed or otherwise reproduced hereon and attested by the manual or facsimile signature of its City Clerk. Dated: _______________, 2018 CERTIFICATE OF AUTHENTICATION This bond is one of the General Obligation Refunding Bonds, Series 2018, described in the within mentioned Ordinance. AMALGAMATED BANK OF CHICAGO, as Bond Registrar By _____________________________ Authorized Signer CITY OF DES PLAINES ________________________________ Mayor Attest: ________________________________ City Clerk Attachment 1 Page 18 of 34 -16- ASSIGNMENT For value received the undersigned sells, assigns and transfers unto _________ _____________________________________________________________________ the within bond and hereby irrevocably constitutes and appoints __________________ _____________________________________________________________________ attorney to transfer the said bond on the books kept for registration thereof, with full power of substitution in the premises. Dated ____________________ _______________________________ Signature Guarantee: _______________________________ Attachment 1 Page 19 of 34 -17- Section 9. Levy and Extension of Taxes. (A) For the purpose of providing the money required to pay the interest on the 2018 Bonds when and as the same falls due and to pay and discharge the principal thereof as the same shall mature or become due, there is hereby levied upon all the taxable property in the City, in each year while any of the 2018 Bonds shall be outstanding, a direct annual tax sufficient for that purpose in addition to all other taxes, as follows: Tax Levy Year A Tax Sufficient to Produce 2018 $ 2019 2020 2021 2022 2023 2024 2025 2026 2027 (B) Interest or principal coming due at any time when there shall be insufficient funds on hand from the taxes herein levied to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the taxes herein levied; and when said taxes shall have been collected, reimbursement shall be made to the said funds in any amounts thus advanced. (C) As soon as this ordinance becomes effective, a copy thereof certified by the City Clerk, which certificate shall recite that this ordinance has been duly adopted, shall be filed with the County Clerk of Cook County, Illinois, who is hereby directed to ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in the years 2018 to 2027, inclusive, and to extend the same for collection on the tax books in connection with other taxes levied in said years, in and by the City Attachment 1 Page 20 of 34 -18- for general corporate purposes of the City, and in said years such annual tax shall be levied and collected in like manner as taxes for general corporate purposes for said years are levied and collected and, when collected, such taxes shall be used for the purpose of paying the principal of and interest on the 2018 Bonds as the same become due and payable. Section 10. Tax Allocation Fund. The Tax Allocation Fund (the “TIF 3 Fund”) heretofore established by the City with respect to TIF Redevelopment Project Area No. 3 described in Section 1 of this ordinance shall be maintained and administered by the City in accordance with the provisions of the Redevelopment Act. Moneys held in the TIF 3 Fund and the taxes and other moneys to be deposited therein pursuant to the Redevelopment Act are hereby pledged for the payment of TIF 3 Redevelopment Project Costs and as security for the payment of the 2018 Bonds. Such pledge is subject to the limitation that moneys not required, pledged, earmarked or otherwise designated for the payment and securing of obligations and anticipated redevelopment project costs shall be calculated annually and designated as “surplus” funds in accordance with Section 11-74.4-7 of the Redevelopment Act. Nothing herein contained shall restrict the power of the City to pledge such moneys and taxes for the benefit and security of the holders of other bonds issued pursuant to the Redevelopment Act; to subordinate existing pledges of such moneys or to alter the use and distribution of moneys in the TIF 3 Fund to the extent such alteration shall be made in furtherance of the purposes of the Redevelopment Act and the Redevelopment Plan for TIF Redevelopment Project Area No. 3. Moneys held in the TIF 3 Fund that are to be used for the payment of the principal of and interest on the 2018 Bonds may be Attachment 1 Page 21 of 34 -19- deposited in the 2018 Debt Service Fund established by this ordinance and upon such deposit such moneys shall be used solely for the payment of such principal and interest. Section 11. Taxes Levied for Payment of Prior Bonds. After the issuance of the 2018 Bonds, the Director of Finance of the City shall file with the County Clerk of Cook County, a certificate listing the Prior Bonds and the taxes theretofore levied for the payment of the principal of and interest on the Prior Bonds payable after December 1, 2017 and said certificate shall direct the abatement of such taxes. Section 12. Application of Bond Proceeds. The proceeds of sale of the 2018 Bonds shall be deposited as follows: 1. To the 2018 Redemption Fund established by this ordinance, the amount necessary to provide for the payment of the redemption price of the Prior Bonds, including the unpaid and accrued interest on the 2010A Bonds. 2. To the 2018 Expense Fund established by this ordinance, the amount of such proceeds of sale remaining after the foregoing deposit. Section 13. Debt Service Fund. The “2018 Debt Service Fund” is hereby established as a special fund of the City. Moneys derived from taxes levied pursuant to Section 9 of this ordinance (the “Tax Receipts”) are appropriated and set aside for the purpose of paying principal of and interest on the 2018 Bonds when and as the same come due. All of such moneys, and all other moneys to be used for the payment of the principal of and interest on the 2018 Bonds, shall be deposited in the 2018 Debt Service Fund, which shall be administered as a bona fide debt service fund under the Internal Revenue Code of 1986. Attachment 1 Page 22 of 34 -20- On or prior to the date of issuance of the 2018 Bonds, the City shall deposit into the 2018 Debt Service Fund such an amount as will be sufficient to provide for the punctual payment of the principal of and interest on the 2018 Bonds due December 1, 2018. The Tax Receipts and the moneys deposited or to be deposited into the 2018 Debt Service Fund are pledged as security for the payment of the principal of and interest on the 2018 Bonds. This pledge is made pursuant to Section 13 of the Local Government Debt Reform Act and shall be valid and binding from the date of issuance of the 2018 Bonds. All Tax Receipts and the moneys held in the 2018 Debt Service Fund shall immediately be subject to the lien of the pledge without any physical delivery or further act and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof. Section 14. Redemption Fund. The “2018 Redemption Fund” is hereby established as a special fund of the Village. The moneys in the 2018 Redemption Fund shall be used for the payment of the redemption price of the Prior Bonds on the redemption date of the Prior Bonds and the payment of the interest to become due and payable on the 2010A Bonds on their redemption date. After the redemption of the Prior Bonds, any moneys remaining in the 2018 Redemption Fund shall be withdrawn from the 2018 Redemption Fund and deposited into the 2018 Expense Fund. The Director of Finance may determine to deposit the 2018 Redemption Fund in trust for the benefit and security of the owners of the Prior Bonds and may enter into an Attachment 1 Page 23 of 34 -21- escrow deposit agreement for that purpose with a bank, trust company or national banking association. Section 15. Expense Fund. The “2018 Expense Fund”, is hereby established as a special fund of the City. Moneys in the 2018 Expense Fund shall be used for the payment of costs of issuance of the 2018 Bonds, but may hereafter be reappropriated and used for other purposes if such reappropriation is permitted under Illinois law and will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the 2018 Bonds. Section 16. Investment Regulations. No investment shall be made of any moneys in the 2018 Redemption Fund, the 2018 Debt Service Fund or the 2018 Expense Fund except in accordance with the tax covenants set forth in Section 17 of this ordinance. All income derived from any investments in respect of moneys or securities in any Fund maintained under this ordinance shall be credited in each case to the Fund in which such moneys or securities are held. Any moneys in any Fund may be invested in United States Treasury Securities, State and Local Government Series, pursuant to the regulations of the United States Treasury Department, Bureau of the Fiscal Service. The Director of Finance and agents designated by her are hereby authorized to submit, on behalf of the City, subscriptions for such United States Treasury Securities and to request redemption of such United States Treasury Securities. Section 17. Tax Covenants. The City shall not take, or omit to take, any action lawful and within its power to take, which action or omission would cause interest on any 2018 Bond to become subject to federal income taxes in addition to federal income Attachment 1 Page 24 of 34 -22- taxes to which interest on such 2018 Bond is subject on the date of original issuance thereof. The City shall not permit any of the proceeds of the 2018 Bonds, or any facilities financed with such proceeds, to be used in any manner that would cause any 2018 Bond to constitute a “private activity bond” within the meaning of Section 141 of the Internal Revenue Code of 1986. The City shall not permit any of the proceeds of the 2018 Bonds or other moneys to be invested in any manner that would cause any 2018 Bond to constitute an “arbitrage bond” within the meaning of Section 148 of the Internal Revenue Code of 1986 or a “hedge bond” within the meaning of Section 149(g) of the Internal Revenue Code of 1986. The City shall comply with the provisions of Section 148(f) of the Internal Revenue Code of 1986 relating to the rebate of certain investment earnings at periodic intervals to the United States of America. Section 18. Continuing Disclosure. For the benefit of the beneficial owners of the 2018 Bonds, the City covenants and agrees to provide to the Municipal Securities Rulemaking Board (the “MSRB”) for disclosure on the Electronic Municipal Market Access (“EMMA”) system, in an electronic format as prescribed by the MSRB, (i) an annual report containing certain financial information and operating data relating to the City and (ii) timely notices of the occurrence of certain enumerated events. All documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. Attachment 1 Page 25 of 34 -23- The annual report shall be provided to the MSRB for disclosure on EMMA within 210 days after the close of the City’s fiscal year. The information to be contained in the annual report shall consist of the annual audited financial statement of the City and such additional information as noted in the Official Statement under the caption “Continuing Disclosure.” Each annual audited financial statement will conform to generally accepted accounting principles applicable to governmental units and will be prepared in accordance with standards of the Governmental Accounting Standards Board. If the audited financial statement is not available, then an unaudited financial statement shall be included in the annual report and the audited financial statement shall be provided promptly after it becomes available. The City, in a timely manner not in excess of ten business days after the occurrence of the event, shall provide notice to the MSRB for disclosure on EMMA of any failure of the City to provide any such annual report within the 210 day period and of the occurrence of any of the following events with respect to the 2018 Bonds: (1) principal and interest payment delinquencies; (2) non payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax-exempt status of the 2018 Bonds, or other events affecting the tax-exempt status of the 2018 Bonds; (7) modifications to rights of bondholders, if material; (8) bond calls, if material; Attachment 1 Page 26 of 34 -24- (9) defeasances; (10) release, substitution or sale of property securing repayment of the 2018 Bonds, if material; (11) rating changes; (12) tender offers; (13) bankruptcy, insolvency, receivership or similar event of the City; (14) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (15) appointment of a successor or additional trustee or the change of name of a trustee, if material. For the purposes of the event identified in clause (13), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan or reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. It is found and determined that the City has agreed to the undertakings contained in this Section in order to assist participating underwriters of the 2018 Bonds and brokers, dealers and municipal securities dealers in complying with Securities and Exchange Commission Rule 15c2-12(b)(5) promulgated under the Securities Exchange Act of 1934. The Director of Finance or her designee is authorized and directed to do Attachment 1 Page 27 of 34 -25- and perform, or cause to be done or performed, for or on behalf of the City, each and every thing necessary to accomplish the undertakings of the City contained in this Section for so long as Rule 15c2-12(b)(5) is applicable to the 2018 Bonds and the City remains an “obligated person” under the Rule with respect to the 2018 Bonds. The undertakings contained in this Section may be amended by the City upon a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, provided that (a) the undertaking, as amended, would have complied with the requirements of Rule 15c2-12(b)(5) at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances and (b) in the opinion of nationally recognized bond counsel selected by the City, the amendment does not materially impair the interests of the beneficial owners of the 2018 Bonds. Section 19. Bond Registrar. The City covenants that it shall at all times retain a bond registrar with respect to the 2018 Bonds, that it will maintain at the designated office of such bond registrar a place where 2018 Bonds may be presented for payment and registration of transfer or exchange and that it shall require that the bond registrar maintain proper registration books and perform the other duties and obligations imposed upon the bond registrar by this ordinance in a manner consistent with the standards, customs and practices of the municipal securities business. The bond registrar shall signify its acceptance of the duties and obligations imposed upon it by this ordinance by executing the certificate of authentication on any 2018 Bond, and by such execution the bond registrar shall be deemed to have certified Attachment 1 Page 28 of 34 -26- to the City that it has all requisite power to accept, and has accepted such duties and obligations not only with respect to the 2018 Bond so authenticated but with respect to all the 2018 Bonds. The bond registrar is the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or default. The bond registrar shall, however, be responsible for any representation in its certificate of authentication on the 2018 Bonds. The City may remove the bond registrar at any time. In case at any time the bond registrar shall resign or shall be removed or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or if a receiver, liquidator or conservator of the bond registrar, or of its property, shall be appointed, or if any public officer shall take charge or control of the bond registrar or of its property or affairs, the City covenants and agrees that it will thereupon appoint a successor bond registrar. The City shall mail notice of any such appointment made by it to each registered owner of 2018 Bonds within twenty days after such appointment. Section 20. Book-Entry System. In order to provide for the initial issuance of the 2018 Bonds in a form that provides for a system of book-entry only transfers, the ownership of one fully registered 2018 Bond for each maturity of the 2018 Bonds, in the aggregate principal amount of such maturity, shall be registered in the name of Cede & Co., as a nominee of The Depository Trust Company, New York, New York, as securities depository for the 2018 Bonds. The City Finance Director is authorized to execute and deliver on behalf of the City such letters to, or agreements with, the securities depository as shall be necessary to effectuate such book-entry system. Attachment 1 Page 29 of 34 -27- In case at any time the securities depository shall resign or shall become incapable of acting, then the City shall appoint a successor securities depository to provide a system of book-entry only transfers for the 2018 Bonds, by written notice to the predecessor securities depository directing it to notify its participants (those persons for whom the securities depository holds securities) of the appointment of a successor securities depository. If the system of book-entry only transfers for the 2018 Bonds is discontinued, then the City shall issue and the bond registrar shall authenticate, register and deliver to the beneficial owners of the 2018 Bonds, bond certificates in replacement of such beneficial owners’ beneficial interests in the 2018 Bonds, all as shown in the records maintained by the securities depository. Section 21. Defeasance and Payment of Bonds. (A) If the City shall pay or cause to be paid to the registered owners of the 2018 Bonds, the principal, premium, if any, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this ordinance, then the pledge of taxes, securities and funds hereby pledged and the covenants, agreements and other obligations of the City to the registered owners and the beneficial owners of the 2018 Bonds shall be discharged and satisfied. (B) Any 2018 Bonds or interest installments appertaining thereto, whether at or prior to the maturity or redemption date of such 2018 Bonds, shall be deemed to have been paid within the meaning of paragraph (A) of this Section (1) in case any such 2018 Bonds are to be redeemed prior to the maturity thereof, there shall have been taken all action necessary to call such 2018 Bonds for redemption and notice of such Attachment 1 Page 30 of 34 -28- redemption shall have been duly given or provision shall have been made for the giving of such notice, and (2) if there shall have been deposited in trust with a bank, trust company or national banking association acting as fiduciary for such purpose either (i) moneys in an amount which shall be sufficient, or (ii) “Federal Obligations” as defined in paragraph (C) of this Section, the principal of and the interest on which when due will provide moneys which, together with any moneys on deposit with such fiduciary at the same time for such purpose, shall be sufficient, to pay when due the principal of, redemption premium, if any, and interest due and to become due on said 2018 Bonds on and prior to the applicable redemption date or maturity date thereof. (C) As used in this Section, the term “Federal Obligations” means (i) non- callable, direct obligations of the United States of America, (ii) non-callable and non- prepayable, direct obligations of any agency of the United States of America, which are unconditionally guaranteed by the United States of America as to full and timely payment of principal and interest, (iii) non-callable, non-prepayable coupons or interest installments from the securities described in clause (i) or clause (ii) of this paragraph, which are stripped pursuant to programs of the Department of the Treasury of the United States of America, or (iv) coupons or interest installments stripped from bonds of the Resolution Funding Corporation. Section 22. Ordinance to Constitute a Contract. The provisions of this ordinance shall constitute a contract between the City and the registered owners of the 2018 Bonds. Except as otherwise provided in this ordinance and the Redevelopment Act with respect to the pledge of money in the TIF 3 Fund, any pledge made in this ordinance and the provisions, covenants and agreements herein set forth to be Attachment 1 Page 31 of 34 -29- performed by or on behalf of the City shall be for the equal benefit, protection and security of the owners of any and all of the 2018 Bonds. All of the 2018 Bonds, regardless of the time or times of their issuance, shall be of equal rank without preference, priority or distinction of any of the 2018 Bonds over any other thereof except as expressly provided in or pursuant to this ordinance. This ordinance shall constitute full authority for the issuance of the 2018 Bonds and to the extent that the provisions of this ordinance conflict with the provisions of any other ordinance or resolution of the City, the provisions of this ordinance shall control. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. In this ordinance, reference to an officer of the City includes any person holding that office on an interim basis and any person delegated the authority to act on behalf of such officer. Section 23. Publication. The City Clerk is hereby authorized and directed to publish this ordinance in pamphlet form and to file copies thereof for public inspection in her office. Section 24. Effective Date. This ordinance shall become effective upon its passage and approval. [SIGNATURE PAGE FOLLOWS] Attachment 1 Page 32 of 34 -30- PASSED this day of , 2018 APPROVED this day of , 2018 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ___ day of _____________, 2018. CITY CLERK Peter M. Friedman, General Counsel Attachment 1 Page 33 of 34 -31- CERTIFICATE I, Jennifer L. Tsalapatanis, City Clerk of the City of Des Plaines, Illinois, hereby certify that the foregoing ordinance entitled: “Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2018, of the City of Des Plaines, Illinois,” is a true copy of an original ordinance that was duly adopted by the recorded affirmative votes of a majority of the members of the City Council of the City at a meeting thereof that was duly called and held at 7:00 p.m. on March __, 2018, in the Council Chambers at City Hall, and at which a quorum was present and acting throughout, and that said copy has been compared by me with the original ordinance signed by the Mayor on March __, 2018, and thereafter published in pamphlet form on March __, 2018 and recorded in the Ordinance Book of the City and that it is a correct transcript thereof and of the whole of said ordinance, and that said ordinance has not been altered, amended, repealed or revoked, but is in full force and effect. I further certify that the agenda for said meeting included the ordinance as a matter to be considered at the meeting and that said agenda was posted at least 48 hours in advance of the holding of the meeting in the manner required by the Open Meetings Act, 5 Illinois Compiled Statutes 120 and was continuously available for public review during the 48 hour period preceding the meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City, this _______ day of March, 2018. ________________________________ City Clerk (SEAL) Attachment 1 Page 34 of 34 FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: February 7, 2018 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Asst. City Manager/Director of Finance Subject: Excess Liability Insurance Coverage Issue: For the City Council to approve the attached Resolutions to end the participation of the City of Des Plaines in the High Excess Liability Pool (HELP) effective April 30, 2018 and obtain excess liability coverage with the Municipal Insurance Cooperative Agency (MICA). Analysis: The City of Des Plaines has been a member of HELP since 1987. At that time, affordable liability insurance coverage was not being written for municipalities by the traditional insurance marketplace. HELP was created by fifteen Chicagoland municipalities to protect against high dollar general liability claims. The initial term of the pool was 11 years. Thereafter, the membership has voted to extend the pool every ten years. Due to the long-term nature of the claims that arise, the commitment level of ten years is necessary for the stability of the pool as a whole. Currently, the City’s first $2 million of liability insurance coverage is provided by the Municipal Insurance Cooperative Agency (MICA) pool and coverage over $2 million is provided by HELP. As an option, MICA also offers coverage for excess liability insurance. MICA is a much larger pool with currently over 30 communities. All of the MICA communities purchase excess insurance directly from MICA except for Des Plaines, Streamwood, and Deerfield who have elected to purchase excess insurance through HELP. All three communities are considering consolidation by moving high-level excess liability coverage to MICA. Streamwood has already taken Council action to purchase excess insurance through MICA beginning May 1, 2018 and has provided notice to HELP that it will not be renewing for another 10 year term beginning May 1, 2018. In addition, Arlington Heights (another member of HELP) has given notice that they will be leaving HELP and joining another insurance pool effective May 1, 2018. Out of the 13 towns currently in the HELP Pool, approximately 10 of the communities were looking to terminate the 10 year HELP Pool term and look for coverage elsewhere. There are several factors supporting why Des Plaines should move all of our liability insurance coverage to MICA. First, MICA has more members than HELP. The City of Des Plaines will be able to reduce our liability exposure in a larger pool. Second, the short- and long-term costs of our excess liability insurance premiums are lower in MICA due to these economies of scale. Thirdly, keeping the insurance coverages in a consolidated pool would alleviate potential concerns on shifts in coverage levels with separated pools. For example, if MICA were to increase the insurance layer to $3 million and HELP were to stay at $2 million, the MEMORANDUM Page 1 of 6 City would be double covered and essentially paying for the same coverage in two entities. The reverse is also true, if a change were to be made by the member communities in either pool, we could have a gap in coverage. For these reasons it would be beneficial for us to move all of our coverage to MICA. There is no penalty to end our participation in HELP since we are at the end of our ten-year term on April 30, 2018. In terms of cost, based on the initial insurance coverage estimates received from both MICA and HELP, the cost to remain in HELP if all of the communities were to remain was originally quoted at $151,444 compared to a MICA cost of $133,015, thus a potential savings of $18,429 on an annual basis. Recommendation: I recommend that the City Council approve the attached Resolutions to end the participation of the City of Des Plaines in the High Excess Liability Pool (HELP) effective April 30, 2018 and obtain excess liability coverage with the Municipal Insurance Cooperative Agency (MICA). Attachments: Attachment 1: Resolution R- 45 -18 Attachment 2: Resolution R- 46 -18 Page 2 of 6 1 CITY OF DES PLAINES RESOLUTION R - 45 - 18 A RESOLUTION AUTHORIZING THE NON-RENEWAL OF MEMBERSHIP IN THE HIGH-LEVEL EXCESS LIABILITY POOL.____________________________________ 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 been a member of the High-Level Excess Liability Pool (“HELP”) since 1987; and WHEREAS, the City’s current membership in HELP will expire on April 30, 2018; and WHEREAS, the City’s Finance has analyzed the benefits and cost of renewing its membership in HELP versus moving its excess liability insurance coverage to the Municipal Insurance Cooperative Agency (“MICA”); and WHEREAS, the City currently has $2 million of liability insurance coverage provided by MICA, and an additional $2 million of high-level excess liability insurance coverage provided by HELP; and WHEREAS, MICA is able to provide to the City coverage for excess liability insurance, and consists of a pool of over 30 communities; and WHEREAS, HELP currently consists of a pool of 13 municipalities, many of which are considering terminating their memberships; and WHEREAS, the City has determined that it is necessary, proper and in the best interest of the City to not renew its membership in HELP at the conclusion of the current membership period; and WHEREAS, the City Council has determined that terminating its membership in HELP at the conclusion of the current membership period with HELP will serve and be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. Attachment 1 Page 3 of 6 2 SECTION 2: AUTHORIZING TERMINATION OF MEMBERSHIP IN HELP. The City Council hereby approves the City’s termination of its participation in HELP at the conclusion of the current membership period. SECTION 3: 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 ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving the Non-Renewal of Membership in the High-Level Excess Liability Pool. Attachment 1 Page 4 of 6 1 CITY OF DES PLAINES RESOLUTION R - 46 - 18 A RESOLUTION AUTHORIZING ENROLLMENT IN MUNICIPAL INSURANCE COOPERATIVE AGENCY EXCESS LIABILITY INSURANCE COOPERATIVE POOL. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City is currently a member of the Municipal Insurance Cooperative Agency (“MICA”); and WHEREAS, the City has determined that enrolling in the MICA Excess Liability Insurance Cooperative Pool offers significant benefits over the City’s prior excess liability insurance cooperative pool; and WHEREAS, the City has determined that MICA is able to provide excess liability insurance to the City, and consists of a pool of over 30 municipalities; and WHEREAS, the City has determined that it is necessary, proper and in the best interest of the City to enroll in and become a member of the MICA Excess Liability Insurance Cooperative Pool; and WHEREAS, the City Council has determined that enrolling in and becoming a member of the MICA Excess Liability Insurance Cooperative Pool will serve and be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: AUTHORIZING ENROLLMENT. The City Council hereby authorizes and approves the City’s enrollment in the MICA Excess Liability Insurance Cooperative Pool. SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE TO FOLLOW] Attachment 2 Page 5 of 6 2 PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Authorizing Enrollment in MICA Excess Liability Insurance Cooperative Pool_55319302_1 Attachment 2 Page 6 of 6 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: January 25, 2018 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Community and Economic Development Director Johanna Bye, AICP, Senior Planner Subject: Conditional Use Permit for 676 N. Wolf Road, 17-104-CU (7th Ward) - Deferred from January 2, 2018 Issue: The petitioners are requesting a Conditional Use Permit under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service (dog daycare) in the C-3 General Commercial District. At the January 2, 2018 City Council meeting, the City Council deferred this item so that the applicants could meet with neighbors and provide additional information. Since the meeting, the petitioners have decided to eliminate the outdoor dog area from the plans and have confirmed that all activities will occur indoors (i.e., dogs will go to the bathroom indoors, as opposed to outside in the original outdoor dog area). The petitioners have provided an updated plan of operation that explains this in more detail, as well as details on the Powerloo syst em to be installed, a detailed floor plan for the space, and a sound engineering report. This report states that the tenant space has adequate sound proofing from its adjacent neighbors and to the residents at the rear of the building. Analysis: Address: 676 Wolf Road Owners: JWG LTD Partnership Designated Series MG, 310 Busse Highway, Suite 361, Park Ridge, IL 60068 Petitioner: Michelle Janczak/Cathy Schilling, 1008 E. Ironwood Drive, Mount Prospect, IL 60056 Case Number: 17-104-CU Real Estate Index Number: 09-07-210-047-0000 Ward: #7, Alderman Don Smith MEMORANDUM Page 1 of 42 Existing Zoning: C-3 General Commercial District Existing Land Use: Commercial Surrounding Zoning: North: C-3 General Commercial District South: C-3 General Commercial District East: C-3 General Commercial District West: R-3 Townhouse Residential District Surrounding Land Use: North: Commercial (gas station) South: Commercial (restaurant) East: Commercial (shopping center) West: Residential (townhomes) Street Classification: Wolf Road is a collector street Comprehensive Plan: The Comprehensive Plan designates the site as Community Commercial The petitioners, Michelle Janczak and Cathy Schilling, have requested a Conditional Use Permit in order to operate a Domestic Pet Service at 676 Wolf Road. The petitioners propose to operate a dog daycare, Playtime Pup Ranch, from the roughly 4,300 square foot tenant space in Wolf Shopping Center. The business would also offer grooming and retail products for sale. Playtime Pup Ranch would operate Monday through Saturday, 6:30am to 6:30pm. The petitioners anticipate that most drop-offs would take place between 7:00am and 9:00am and that most pick-ups would take place between 4:30pm and 6:30pm. At full capacity, 30 dogs could be accommodated daily. To start, there would be two employees daily, with additional staff added as the business grows. All activities for the business would occur indoors, with no dogs going outside during the duration of their daily stay. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3- 4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments regarding the proposed Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service in the C-3 General Commercial District: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: A Domestic Pet Service is a Conditional Use in the C-3 General Commercial District, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends a Community Commercial use for the site. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Page 2 of 42 Comment: The proposed dog daycare would occupy an existing tenant space in an existing shopping center. No additions or exterior changes to the structure are proposed. No activities associated with the dog daycare would occur outdoors. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioners have stated that all activities associated with the dog daycare would occur indoors. Additionally, they have provided a sound engineering report that states that the tenant space has adequate sound proofing from its adjacent neighbors and to the residents at the rear of the building. The report states that the CMU construction of the building offers excellent noise control in two ways: first, it blocks airborne sound transmission and secondly, it absorbs noises which reduces the noise intensity. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: Based on the plans submitted, the proposed dog daycare would be served adequately by essential public facilities and would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: Based on the plans submitted, the proposed dog daycare would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. The petitioner has stated that the building is constructed of cinderblock and insulated so that neighbors will not hear dogs barking inside. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: Based on the plans submitted, the proposed dog daycare is not anticipated to create significant traffic or noise that could be detrimental to surrounding land uses. The sound engineering report provided by the petitioners states that the tenant space has adequate sound proofing from its adjacent neighbors and to the residents at the rear of the building. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: Based on the plans submitted, the proposed dog daycare will not create an interference with traffic on surrounding public thoroughfares. The dog daycare will be located in an existing tenant space in an existing shopping center with plenty of parking. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed dog daycare would utilize an existing structure. The proposed plan would Page 3 of 42 not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance. No variations are required. Planning and Zoning Board Review: The Planning and Zoning Board met on December 12, 2017 to consider the Conditional Use Permit. The petitioners presented the proposed plans for Playtime Pup Ranch, a dog daycare. They stated that the building is constructed from cinder blocks and that they had an inspector confirm that the building would be sound-proof. They stated that one of their top priorities is being a good neighbor to the surrounding tenants and residents. They stated up to 30 dogs would be accommodated daily and that 8-10 dogs would be let out into the outdoor dog run at a time for bathroom breaks. They stated that this area would be used for bathroom breaks only and that all playtime would occur indoors. They stated that when in use by dogs, the outdoor dog run would always be monitored by a staff member. Several members of the public spoke in opposition of the proposal. Three residents of the townhomes to the west of the proposed dog daycare expressed concerns about noise. Two women, who operated a dog grooming business from the same building as the proposed dog daycare, also spoke and stated that they constantly received complaints about barking from the surrounding homeowners and that the police would come out to the business often. The building owner, who spoke in support of the proposed dog daycare, stated that he was not aware that this was ever an issue. The Planning and Zoning Board questioned why the dog run was proposed in the front of the building (to the north) as opposed to the rear of the building (to the west). Staff stated that when they originally met with the petitioner to discuss the dog daycare proposal, the rear of the building was the proposed location of the dog run. However, staff had concerns about locating the dog run there as it is directly adjacent to residences. The Planning and Zoning Board also inquired as to what would happen if there were complaints regarding noise. Staff confirmed that the City’s code compliance inspectors would be called out to the site to check the noise levels and that if they exceed what is permitted, the business owners would need to modify their operations or the building (e.g., add soundproofing materials inside the building) so that the nuisance would not continue. The Planning and Zoning Board, after having heard and fully considering the evidence, recommended (5-2) that the City Council approve the Conditional Use Permit at 676 N. Wolf Road. Recommendations: I recommend approval of Ordinance Z - 2 - 18 granting a Conditional Use Permit for the Operation of a Domestic Pet Service at 676 N. Wolf Road. Pursuant to Sections 12-3-4(D) of the Zoning Ordinance, the City Council has the authority to approve, approve with modifications, or disapprove the application. It is requested that this item be placed on the Committee of the Whole agenda at the February 5, 2018, City Council meeting. JB/jb Page 4 of 42 Attachments: Attachment 1: Petitioner’s Variation Application Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Plat of Survey Attachment 5: Floor Plan Attachment 6: Powerloo Specifications Attachment 7: Sound Engineering Report Attachment 8: Request for Traffic Study Waiver Attachment 9: Letter from Planning & Zoning Board to the Mayor Attachment 10: Minutes of the December 12, 2017 Planning & Zoning Board hearing Exhibits: Ordinance Z-2-18 Granting a Conditional Use Permit for the Operation of a Domestic Pet Service at 676 N. Wolf Road. Exhibit A: Plan of Operation prepared by Petitioners and last revised January 23, 2018 Exhibit B: Unconditional Agreement and Consent Page 5 of 42 Attachment 1 Page 6 of 42 Attachment 1 Page 7 of 42 Attachment 1 Page 8 of 42 Attachment 1 Page 9 of 42 Attachment 1 Page 10 of 42 Attachment 2 Page 11 of 42 676 Wolf Road – Public Notice 676 Wolf Road – Looking West at Storefront 676 Wolf Road – Looking West at Proposed Dog Run Location 676 Wolf Road – Looking Southwest at Shopping Center A t t a c h m e n t 3 P a g e 1 2 o f 4 2 Attachment 4 Page 13 of 42 Attachment 5 Page 14 of 42 Installation THE POWERLOO is a unique outdoor toilet for the specific use of permanently and effortlessly disposing of solid dog waste. It is generally modeled after indoor, human‐use toilets but incorporates advanced engineering and design to work in any environment and deliver a powerful flush to propel waste into the existing sewer or septic system of your home or business. The main functional components are housed unobtrusively underground in a rugged polymer shell. The lid and flush pedal are above ground and made of exceptionally durable materials to withstand rain, sleet, snow and the ravages of intense heat and sunshine. The upper assembly is finished with an advanced powder‐coating technology and UV protecting clear coat in a choice of five colors to blend with any landscape. Powerloo Deodorizing Bio Tablets • Designed as a single, drop-in unit for ease of installation • In-ground installation in location of choice, even cement slabs • Easily connects to existing sewer line or septic system • Heating element available for cold climate, year-round use A step by step complete installation guide is included with purchase. Attachment 6 Page 15 of 42 Attachment 6 Page 16 of 42 • • • EASY ORDER • PRICING • ORDER FORM • PRODUCTS • COLD CLIMATE PACKAGE • PREMIUM PACKAGE • STANDARD PACKAGE • BLOG • CONTACT • ORDER FORM 800-813-5280 The POWERLOO Flushable Dog Toilet has Arrived Attachment 6 Page 17 of 42 Side, front, and rear profiles of the upper assembly. The cover and lid are made of nylon compounds and all hardware is stainless steel, both chosen for maximum durability in standing up to the ravages of nature, use and time. The color applications are done by powder-coating under intense heat which directly fuses into a protective layer. Our two standard color choices are POWERLOO Green and Greyhound Gray. Ever-Green, Australian Shepherd Copper and Mastiff Fawn Sandstone are the premium colors which have an added texture and richness. The basin, made of linear low density polyethylene for strength, houses the working components of the POWERLOO. It's designed specifically for drop-in installation and easy access to all parts including simple connections for sewer and water lines. The basin rim has a factory installed protective gasket to prevent leaks and overflows. The pressure assist unit puts the "POW" in POWERLOO and can handle your biggest loads using only 6 liters per flush or less. It comes standard with a back flow prevention valve and an inline debris filter. The toilet bowl features a unique cyclonic rim wash design and a powerful jet wash to help breakup feces for flawless flushing action. The bowl's rim wash directs water along the entire inner bowl to remove adhering particles and keep the bowl clean and odor free. A key component of the Powerloo is the linkage system which operates the safety latch and foot pedal. Although it appears simple, the stainless steel stamped part is a highly technical component employing advanced engineering, physics and kinetics in its design. The target was to make operation of the POWERLOO hands free and easy to use and this stainless steel, clever linkage assembly delivers convenience with a step on the pedal. Attachment 6 Page 18 of 42 • • • EASY ORDER • PRICING • ORDER FORM • PRODUCTS • COLD CLIMATE PACKAGE • PREMIUM PACKAGE • STANDARD PACKAGE • BLOG • CONTACT • ORDER FORM 800-813-5280 Pet Waste Disposal Round, Tape, Whip and Heart Attachment 6 Page 19 of 42 Such innocent words… Such Serious Consequences What do these simple words have in common?? They're all worms that can infect dogs and be passed to humans through fecal contamination causing mild to serious illnesses. The toothed and fierce business end of a Hook Worm Have you been looking for an effective and sanitary method of pet waste disposal for your dog? The Powerloo is a sanitary method of disposal with just one simple flush. If you are worried about the health risks that may be caused by the presence of your pet, the Powerloo can help to reduce those risks through safe and sanitary waste disposal. Tape worms, round worms, whip and heart worms can infect dogs over the course of their lives, risking their health and potentially risking yours. These parasites can be passed along to humans through fecal contamination, causing mild to serious illnesses. These illnesses, called zoonotic infections, are more common than you may think. They are mainly caused through ingestion of dog feces. Not a pretty image, correct? Having a clean way of disposing of your dog's waste would decrease the risk of zoonotic infections greatly. Feces that are on the ground can end up on our shoes, and possibly in our systems. The EPA and CDC recommend flushing as the best way to manage dog waste, and it is also recommended most by vets. Attachment 6 Page 20 of 42 For effective pet waste disposal, you need the Powerloo. Not only will you not have to worry about those plastic bags any more, you'll also have an odor-free buiness or home. We offer free consultations, so call us today for more information! Attachment 6 Page 21 of 42 Attachment 7 Page 22 of 42 Attachment 8 Page 23 of 42 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org December 13, 2017 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, 676 N. Wolf Road, 17-104-CU, 7th Ward RE: Consideration of Conditional Use Permit for a Domestic Pet Service Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on December 12, 2017, to consider a Conditional Use Permit under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service (dog daycare) in the C-3 General Commercial District. 1.The petitioners presented the proposed plans for Playtime Pup Ranch, a dog daycare. They stated that the building is constructed from cinder blocks and that they had an inspector confirm that the building would be sound-proof. They stated that one of their top priorities is being a good neighbor to the surrounding tenants and residents. They stated up to 30 dogs would be accommodated daily and that 8-10 dogs would be let out into the outdoor dog run at a time for bathroom breaks. They stated that this area would be used for bathroom breaks only and that all playtime would occur indoors. They stated that when in use by dogs, the outdoor dog run would always be monitored by a staff member. 2.The Community and Economic Development Department recommended approval of the requested Conditional Use Permit, subject to the condition that the dog run area be fenced in with a solid-wood, 6’ fence that be painted to match the exterior of the building. 3.Several members of the public spoke in opposition of the proposal. Three residents of the townhomes to the west of the proposed dog daycare expressed concerns about noise. Two woman, who operated a dog grooming business from the same building as the proposed dog daycare, also spoke, and stated that they constantly received complaints about barking from the surrounding homeowners and that the police would come out to the business often. The building owner, who spoke in support of the proposed dog daycare, stated that he was not aware that this was ever an issue. 4.The Planning and Zoning Board questioned why the dog run was proposed in the front of the building (to the north) as opposed to the rear of the building (to the west). Staff stated that when they originally met with the petitioner to discuss the dog daycare proposal, the rear of the building was the proposed location of the dog run. However, staff had concerns about locating the dog run there as it is directly adjacent to residences. The Planning and Zoning Board also inquired as to what would happen if there were complaints regarding noise. Staff confirmed that the City’s code compliance inspectors would be called out to the site to check the noise levels and that if they exceed what is permitted, the business owners would need modify their operations or the building (e.g., add soundproofing materials inside the building) so that the nuisance would not continue. 5.The Planning and Zoning Board recommended (5-2) that the City Council approve the Conditional Use Permit under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow Attachment 9 Page 24 of 42 a Domestic Pet Service (dog daycare) in the C-3 General Commercial District, subject to the following condition: 1.A solid-wood fence of 6’, painted to match the exterior of the building, be installed surrounding the dog run area. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials Aldermen Attachment 9 Page 25 of 42 Case #17-102-CU 1345 E Golf Road Conditional Use Permit Case #17-104-CU 676 N. Golf Road Conditional Use Permit December 12, 2017 Page 5 Comment: The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance. No variations are required. Recommendation: I recommend approval of the Conditional Use Permit for the expansion of See Me Grow and Learn, based on a review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance. The proposed Childcare Center expansion will not negatively affect the surrounding area and per the traffic study, traffic and parking will be adequately managed and provided for. Planning and Zoning Board Procedure: Under Sections 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for the expansion of a Childcare Center in the C-3 General Commercial District. The City Council has final authority on the proposal. Chairman Szabo asked if anyone is in favor or opposed to this proposal. No one responded. He commented that this seems to be very successful, and asked what the magic is. Ms. Fehrmann stated the business is very family-oriented, a welcoming atmosphere, comfortable, with open communication. A motion was made by Board Member Hofherr, seconded by Board Member Schell, to recommend approval to City Council for the expansion of the Day Care Center. AYES: Bader, Catalano, Fowler, Hofherr, Saletnik, Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. 2. Address: 676 N. Wolf Road Case 17-104-CU The petitioner is requesting a Conditional Use Permit under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service (dog daycare) in the C-3 General Commercial District. PIN: 09-07-210-047-0000 Petitioners: Michelle Janczak/Cathy Schilling, 1008 E. Ironwood Drive, Mount Prospect, IL 60056 Owner: JWG LTD Partnership Designated Series MG, 310 Busse Highway, Suite 361, Park Ridge, IL 60068 Chairman Szabo swore in Michelle Janczak, 1008 E. Ironwood Drive, Mount Prospect, IL & Cathy Schilling, 1646 River Street, Des Plaines, IL. Ms. Schilling advised they are hoping to develop a Dog Day Care. She stated she is a nurse and gave background on how this partnership came about. Ms. Schilling reported this space (4,300 sq. ft.) is ideal in a strip mall as it has parking, is accessible, etc. She noted an outdoor area for bathroom breaks will be implemented in the front of the building. A system filtering into the sewer will be installed. They are both certified in Dog CPR. This may grow into overnight housing and grooming. Chairman Szabo asked if the Board has questions. Board Member Hofherr asked/clarified:  regarding the address, it is 676 N. Wolf Road. Ms. Schilling concurred. Attachment 10 Page 26 of 42 Case #17-102-CU 1345 E Golf Road Conditional Use Permit Case #17-104-CU 676 N. Golf Road Conditional Use Permit December 12, 2017 Page 6  if there will be any dog care in the rear space. Ms. Janczak said no.  if there will be real or synthetic sod. Ms. Janczak stated – possibly synthetic sod. There is a drain and hose nearby for removal of waste. There will be a PVC fence installed.  if Staff recommends a 6 ft. wood fence. Ms. Schilling stated a vinyl fence will not degrade as much as wood; possibly a decorative and durable fence. Board Member Fowler asked if fencing would be around the building. Ms. Schilling stated the fencing will be around the outdoor dog area. Board Member Saletnik asked if the dog run would be on pavement only or further north than the existing building. Ms. Schilling stated on pavement near existing loading dock. Ms. Janczak advised it would be 40 ft. out beyond the existing double-doors from the loading dock into the parking lot on the pavement. Board Member Saletnik referred to Page 11 (of 17) and Attachment 5. Petitioners Janczak and Schilling illustrated the location; fencing is even with end of parking stalls that are right in front of the tenant space. Chairman Szabo asked if there is space between the guardrail and the fence. Ms. Schilling advised – yes. There is a space of several feet to get from the front to the rear of the building. Board Member Fowler asked why Petitioners aren’t going further north of the building to the property line. Ms. Schilling stated they thought they would leave the existing walkway from the rear to the front of the building clear. Senior Planner Bye referred to space near residents in rear, and stated it is not a true alley (all private property). Board Member Saletnik stated/asked:  the area behind the building may work for an outdoor dog area. Ms. Schilling advised that was their initial intent but after talking with Staff, there was concern for the residential neighbors to the west.  how many dogs are in the outdoor area simultaneously. Ms. Janczak advised – 8-10, not for playing, just to do their business. She stated they are fine placing the dog run in either place. Chairman Szabo asked:  if there will be an emergency gate. Ms. Janczak advised – yes.  where? Ms. Janczak advised – on the north side.  in the interior, if there is drywall for a noise buffer. Ms. Janczak advised – yes. Chairman Szabo asked Staff to provide the Staff Report which Senior Planner Bye did: Issue: The petitioner is requesting a Conditional Use Permit under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service (dog daycare) in the C-3 General Commercial District. Analysis: Address: 676 N. Wolf Road Owners: JWG LTD Partnership Designated Series MG, 310 Busse Highway, Suite 361, Park Ridge, IL 60068 Petitioner: Michelle Janczak/Cathy Schilling, 1008 E. Ironwood Drive, Mount Prospect, IL 60056 Case Number: 1 7 - 1 0 4 - C U Real Estate Index Number: 09-07-210-047-0000 Attachment 10 Page 27 of 42 Case #17-102-CU 1345 E Golf Road Conditional Use Permit Case #17-104-CU 676 N. Golf Road Conditional Use Permit December 12, 2017 Page 7 Ward: #7, Alderman Don Smith Existing Zoning: C-3 General Commercial District Existing Land Use: Commercial Surrounding Zoning: North: C-3 General Commercial District South: C-3 General Commercial District East: C-3 General Commercial District West: R-3 Townhouse Residential District Surrounding Land Use: North: Commercial (gas station) South: Commercial (restaurant) East: Commercial (shopping center) West: Residential (townhomes) Street Classification: Wolf Road is a collector street Comprehensive Plan: The Comprehensive Plan designates the site as Community Commercial The petitioners, Michelle Janczak and Cathy Schilling, have requested a Conditional Use Permit in order to operate a Domestic Pet Service at 676 Wolf Road. The petitioners propose to operate a dog daycare, Playtime Pup Ranch, from the roughly 4,300 square foot tenant space in Wolf Shopping Center. In the future, additional services, including overnight boarding, grooming, and food and pet supplies retail, may be offered. Playtime Pup Ranch would operate Monday through Saturday, 6:30am to 6:30pm. The petitioners anticipate that most drop-offs would take place between 7:00am and 9:00am and that most pick-ups would take place between 4:30pm and 6:30pm. At full capacity, 30 dogs could be accommodated daily. The petitioners propose to construct an outdoor dog run adjacent to the northern end of the building for the dogs to use for bathroom breaks. 8-10 dogs would be let into this area at a time, and dogs would be let out 3-4 times per day. Dogs who are in the outdoor space would always be monitored by staff and would not be left unattended. To start, there would be 2 employees daily, with additional staff added as the business grows. Staff would like clarification from the petitioner as to the location of the proposed outdoor area. While the site plan shows a 40’ by 11’ outdoor area on the side of the building (north end), the Plan of Operation says this will be in the back. Staff would like to confirm that no outdoor area is proposed for behind the tenant space (on the west side of the building), as this area is directly adjacent to residences. Staff would also like to better understand what the outdoor area will be comprised of (i.e., what is the fencing style and will real or synthetic sod be installed, if at all?). Staff recommends a 6’, solid-wood fence, painted to complement the existing building, be installed so that it blends in with the shopping center and surrounding area. Additionally, staff would like clarification on how the interior of the space will be used and how the dog run is accessed from the building. Conditional Use Findings: Conditional Use requests are subject to the standards set forth in Section 12-3- 4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments regarding the proposed Conditional Use under Section 12-7-3(K) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a Domestic Pet Service in the C-3 General Commercial District: K. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Attachment 10 Page 28 of 42 Case #17-102-CU 1345 E Golf Road Conditional Use Permit Case #17-104-CU 676 N. Golf Road Conditional Use Permit December 12, 2017 Page 8 Comment: A Domestic Pet Service is a Conditional Use in the C-3 General Commercial District, as specified in Section 12-7-3(K) of the 1998 City of Des Plaines Zoning Ordinance, as amended. L. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The 2007 Comprehensive Plan recommends a Community Commercial use for the site. M. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed dog daycare would occupy an existing tenant space in an existing shopping center. No additions or exterior changes to the structure are proposed. The petitioner is proposing to add a fenced-in outdoor dog run near the north end of the building. N. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The petitioner has stated that the exterior dog run will be monitored and limited in its time of operation. A staff member will always be outside with the dogs, and dogs will only be outside during reasonable hours so that neighbors are not disturbed. If/when overnight boarding is offered, the latest dogs would be outside is 10:00pm. No more than 8-10 dogs would be outside at any given time. There may be times when for medical or emergency reasons, a dog may need to go out past these hours, though these situations would be rare. The petitioner has stated that respect of their neighbors is a priority. O. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: Based on the plans submitted, the proposed dog daycare would be served adequately by essential public facilities and would not overburden existing public services. P. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well- being of the entire community: Comment: Based on the plans submitted, the proposed dog daycare would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well-being of the community. The petitioner has stated that the building is constructed of cinderblock and insulated so that neighbors will not hear dogs barking inside. Q. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: Based on the plans submitted, the proposed dog daycare is not anticipated to create significant traffic or noise that could be detrimental to surrounding land uses. The petitioner has stated that the building is sound-proofed and that all dogs will be monitored when outside. Attachment 10 Page 29 of 42 Case #17-102-CU 1345 E Golf Road Conditional Use Permit Case #17-104-CU 676 N. Golf Road Conditional Use Permit December 12, 2017 Page 9 R. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: Based on the plans submitted, the proposed dog daycare will not create an interference with traffic on surrounding public thoroughfares. The dog daycare will be located in an existing tenant space in an existing shopping center with plenty of parking. S. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed dog daycare would utilize an existing structure. The proposed plan would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. T. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance. No variations are required. Recommendation: I recommend approval of the Conditional Use Permit for a Domestic Pet Service based on a review of the information presented by the applicant and the findings made above, as specified in Section 12-3-4(E) (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following condition: 1. A solid-wood fence of 6’, painted to match the exterior of the building, be installed surrounding the dog run area. Planning and Zoning Board Procedure: Under Sections 12-3-4(D) (Procedure for Review and Decision for Conditional Uses) of the Zoning Ordinance, the Planning and Zoning Board has the authority to recommend that the City Council approve, approve subject to conditions, or deny the above-mentioned Conditional Use Permit for a Domestic Pet Service in the C-3 General Commercial District. The City Council has final authority on the proposal. Chairman Szabo asked if anyone in the audience opposes this proposal. Four people raised their hands. The following came forward and were sworn in by Chairman Szabo:  Alicia Skutnik 630 Nelson Lane (building is 15-20 yards away) Ms. Skutnik noted: o the alley that was referenced is where my paid parking spaces are o detrimental to health and wellness (there are 30 houses on the block) o would have that view (of dog run) out of our back windows if in the rear of the building  Jim Tanillo 633 Nelson Lane Mr. Tanillo advised: o he loves animals (and has 2 cats) but is against this as they pay for parking spaces. There is a car wash near the gangway. o noise is a concern o there are 2 dogs only in our section o he is 50 ft. away from this o there is another business like this but it is 1 ½ blocks away o he doesn’t want dogs to bark all night or get loose Attachment 10 Page 30 of 42 Case #17-102-CU 1345 E Golf Road Conditional Use Permit Case #17-104-CU 676 N. Golf Road Conditional Use Permit December 12, 2017 Page 10  Dominic Lamacchia 816 Brookshire Lane (owns building to the north, west of service station) Mr. Lamacchia stated: o he rents to people and is concerned about dogs; has cameras o asked where the dog run will be in the rear. Chairman Szabo illustrated same. o there is 1 dog across the alley (west), and I hear the dog o he is looking for the best for the neighborhood; dogs bark – what if my tenants don’t like that? o as people park there, there is not much room o prefers that another business be placed there  Debbie Cucka 620 E. Central Road (owns A K9 Clipper) Ms. Cucka stated: o my grooming shop used to be in the same strip center and had 6-7 dogs daily with 1 dog outside at a time. Police were called nearly daily regarding barking complaints from neighbors. o noise will carry  Mike Galante 310 Busse Highway (owns the building; author of letter) Chairman Szabo read Mr. Galante’s letter. Mr. Galante stated: o the content of his letter is true. He never knew of police being called; he is shocked. He is committed to addressing any problems as soon as possible. o there have been vacancies o he tried to be a good neighbor though he is not sure neighbors have been as amenable o he has had to remove graffiti o there are always cars against the fence; may place a sign which could promote towing o he has struggled to find a business/tenant o should tenants violate the lease, they could be evicted Ms. Cucka stated she talked with Mr. Galante on several occasions about police calls.  Debbie Otrosa 620 Central (worked here previously) Ms. Otrosa stated: o she knows the dogs will make noise o building was neglected by owner; does not take care of tenants Ms. Schilling stated an assessment was conducted; will do whatever is necessary to work with the neighbors. The initial proposal was a dog run in the rear, but we considered the neighbors and relocated it to the front of the building. The dogs bark as they play; there’s not continuous barking. All play will occur indoors, with no play in the outdoor area. They want to be good neighbors. Board Member Fowler asked how many staff there would be. Ms. Schilling advised – 2, starting with 7-10 dogs. Due to this climate, dogs would be inside often, not outside for a prolonged period. Ms. Janczak stated they wish to be kind to the neighbors. She referenced the other shop in Mt. Prospect. Attachment 10 Page 31 of 42 Case #17-102-CU 1345 E Golf Road Conditional Use Permit Case #17-104-CU 676 N. Golf Road Conditional Use Permit December 12, 2017 Page 11 Board Member Catalano asked if dogs would be placed outside 3-4 times daily, for how long, and for how long a period each time. Ms. Janczak advised – for 5 minutes to use the bathroom. Ms. Schilling advised the play area is inside. Board Member Hofherr asked, regarding the noise issue, if there are complaints, could additional soundproofing be added, perhaps as a Condition of approval? Ms. Schilling stated – yes, and noted the evaluator stated that is an option also. Board Member Saletnik asked/stated:  what the noise performance standard is regarding neighbors. Senior Planner Bye advised she does not know what the decibel maximum is however police would be called and could perform a sound reading.  An acoustical engineer can detect gaps and seal same. Ms. Schilling concurs. A motion was made by Board Member Saletnik, seconded by Board Member Hofherr, to recommend approval to City Council as presented. Senior Planner Bye inquired about the fence. Board Member Saletnik is amenable with Conditions suggested by Staff. AYES: Bader, Fowler, Hofherr, Saletnik, Szabo NAYES: Catalano, Schell ***MOTION CARRIED 5-2*** Chairman Szabo advised a recommendation for approval would be submitted to City Council. Senior Planner Bye introduced Patrick Ainsworth as the new Economic Development Coordinator (replacing Lauren Pruss). Mr. Ainsworth introduced himself and advised he was previously with the Village of Hanover Park. OLD BUSINESS There was no Old Business. ADJOURNMENT A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to adjourn the meeting at 8:08 p.m. On a voice vote, the motion carried unanimously. Sincerely, Gale Cerabona, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners Attachment 10 Page 32 of 42 1 CITY OF DES PLAINES ORDINANCE Z - 2 - 18 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DOMESTIC PET SERVICE AT 676 N. WOLF ROAD, DES PLAINES, ILLINOIS (CASE #17-104-CU). ____________ WHEREAS, Michelle Janczak and Cathy Schilling (“Petitioners”) are the lessees of the property commonly known as 676 N. Wolf Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is located within the C-3, General Commercial District ("C-3 District") and is currently improved with a one-story commercial building (“Building”); and WHEREAS, Petitioners desire to operate a domestic pet service, specifically a dog daycare business, on the Subject Property; and WHEREAS, pursuant to Section 12-7-3.K of the Zoning Ordinance of 1998, as amended (“Zoning Ordinance”), domestic pet services are permitted in C-3 Districts only with a conditional use permit; and WHEREAS, Petitioners submitted an application to the City of Des Plaines Department of Community and Economic Development ("Department") for a conditional use permit to allow the operation of a domestic pet service on the Subject Property, in accordance with Sections 12-7- 3.F, 12-7-3.K, and 12-3-4 of the Zoning Ordinance ("Conditional Use Permit"); and WHEREAS, JWG, Ltd. Partnership Designated Series MG (“Owner”) owns the Subject Property and has consented to Petitioners’ application; and WHEREAS, Petitioners’ application was referred by the Department to the Planning and Zoning Board of the City of Des Plaines ("PZB") within 15 days after the receipt thereof; and WHEREAS, within 90 days from the date of the Petitioners’ application a public hearing was held by the PZB on December 12, 2017 pursuant to notice published in the Des Plaines Journal on November 24, 2017; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the PZB heard competent testimony and received evidence with respect to how the Petitioners intended to satisfy and comply with the applicable provisions of the Zoning Ordinance. The PZB filed a written report with the City Council on December 13, 2017, summarizing the testimony and evidence received by the PZB and stating the Page 33 of 42 2 PZB's recommendation, by a vote of 5-2, to approve the Petitioners' application subject to certain terms and conditions; and WHEREAS, the Petitioners made certain representations to the PZB with respect to the proposed Conditional Use Permit, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting this request for a Conditional Use Permit; and WHEREAS, the City Council has considered the written report of the PZB, the applicable standards for conditional use permits and major variations set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated January 25, 2018, including the attachments and exhibits thereto, and has determined that it is in the best interest of the City and the public to grant the Petitioners' application in accordance with the provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this Ordinance. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: LOT 94 (EXCEPT THE NORTH 163 FEET THEREOF AS MEASURED ON THE WEST LINE OF SAID LOT 94) AND THE NORTH 84.0 FEET OF LOT 95, AS MEASURED ON THE WEST LINE OF SAID 95 IN GLEICH’S PROSPECT RIDGE, BEING A SUBDIVISION IN THE NORTHEAST ¼ OF FRACTIONAL SECTION 7, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, RECORDED JUNE 10, 1958 AS DOCUMENT NUMBER LR1800310, IN COOK COUNTY, ILLINOIS. PINs: 09-07-210-047-0000 Commonly known as 676 N. Wolf Road, Des Plaines, Illinois. SECTION 3. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 4 of this Ordinance, the City Council grants the Petitioners the Conditional Use Permit to allow the operation of a domestic pet Page 34 of 42 3 service on the Subject Property. The Conditional Use Permit granted by this Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code, 65 ILCS 5/11-13-25. SECTION 4. CONDITIONS. The Conditional Use Permit granted in Section 3 of this Ordinance shall be, and is hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Law and Regulations. The development, use, operation, and maintenance of the Subject Property by the Petitioners must comply with all applicable City codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. B. Compliance with Plans. Except for minor changes and site work approved by the City Director of Community and Economic Development or Director of Public Works and Engineering (for matters within their respective permitting authorities) in accordance with all applicable City standards, the development, use, operation, and maintenance of the Subject Property by the Petitioners must comply with the following plans provided by Petitioners: 1. That certain “Plan of Operation” prepared by Petitioners, consisting of two sheets, and last revised January 23, 2018, a copy of which is attached to, and by this reference, made a part of, this Ordinance as Exhibit A. SECTION 5. NONCOMPLIANCE. A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00) for each offense. Each and every day that a violation of this Ordinance is allowed to remain in effect shall constitute a complete and separate offense. In addition, the appropriate authorities of Page 35 of 42 4 the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees. B. In the event that the Petitioners fail to use, develop, and maintain the Subject Property in accordance with the provisions, conditions, and restrictions of this Ordinance and of the applicable provisions of the Zoning Ordinance, the Conditional Use Permit granted in Section 3 of this Ordinance may be revoked after notice and hearing before the Zoning Administrator of the City, all in accordance with the procedures set forth in Section 4.7 of the Zoning Ordinance. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the C-3 District. Further, in the event of such revocation of the Conditional Use Permit, the City Manager and City's General Counsel are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. The Petitioners acknowledge that public notices and hearings have been held with respect to the adoption of this Ordinance, has considered the possibility of the revocation provided for in this Section, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the notice and hearing required by Section 4.7 of the Zoning Ordinance is provided to the Petitioners. SECTION 6. RECORDATION; BINDING EFFECT. A copy of this Ordinance must be recorded in the Office of the Cook County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein run with the Subject Property and inure to the benefit of, and are binding upon, the Petitioners and their respective personal representatives, Page 36 of 42 5 successors, and assigns, including, without limitation, subsequent purchasers of the Subject Property. SECTION 7. EFFECTIVE DATE. A. This Ordinance shall be in full force and effect only after the occurrence of the following events: 1. its passage and approval by the City Council in the manner provided by law; 2. its publication in pamphlet form in the manner provided by law; 3. the filing with the City Clerk by the Petitioners of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, and demonstrating the Petitioners' consent to its recordation. Said unconditional agreement and consent shall be in substantially the form attached to, and by this reference made a part of, this Ordinance as Exhibit B; and 4. at the Petitioners' sole cost and expense, the recordation of this Ordinance together with such exhibits as the City Clerk deems appropriate, with the Office of the Cook County Recorder. B. In the event that the Petitioners do not file with the City Clerk a fully executed copy of the unconditional agreement and consent referenced in Section 7.A.3 of this Ordinance, within 60 days after the date of passage of this Ordinance by the City Council, the City Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. PASSED this _____day of ____________, 2018. APPROVED this _____ day of ____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT ______ Page 37 of 42 6 MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2018. CITY CLERK Peter M. Friedman, General Counsel I, __________________________, being the owner or other party in interest of the property legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the Subject Property in accordance with the terms of this Ordinance. Dated: (Signature) DP-Ordinance Approving a Conditional Use Permit (CUP) for a Domestic Pet Service at 676 N Wolf Road Page 38 of 42 Plan of Operation Playtime Pup Ranch, LLC 676 N. Wolf Rd Des Plaines IL. 60016 Revised: January 23, 2018 Business Sector The owners would like to start a business in the following industry: Indoor Dog Daycare. The plan includes the following: • Times of operation will consist of: Monday-Saturday 6:30 A.M. to 6:30 P.M. • Capacity is 30 dogs a day. • Dogs will be assessed for temperament/behavioral and current Vaccinations. • The dogs will not be let outside during the day and all activity will be occurring, including bathroom breaks, indoors. • Other services: Grooming services, sale of high-quality all-natural pet foods and products, nutritional snacks and doggie accessories. • The PowerLoo Dog Waste Solution will be utilized for our designated indoor doggie bathroom. It will be installed for immediate flushing of dog waste directly into sanitary sewer system. (See attached.) • 676 N. Wolf Rd. is a solid concrete block insulated building. If noise becomes an issue with the neighbors to the west, we will take steps to mitigate the noise situation. • Playtime and rest time will occur in newly renovated space with special dog areas for different types of personalities. • Team Leaders, Handlers, and Groomers will all be experienced and have a keen eye to assure quality and safety. • Dogs must have updated and current vaccinations records that will be kept on file. • A local Veterinarian will be on call in case of emergencies. • Staff will interact with neighbors and the community in a highly positive manner. • Environmentally safe cleaning products will be utilized. • Dogs go home tired, happy and clean. I have a small Dog Daycare business now I run out of a friend’s facility. We assess and evaluate every dog for Social habits and to make sure they fall under the requirements to get along with all dogs playing together. We also learn about their habits and personality from a short Exhibit A Page 39 of 42 questionnaire from their owners. Dogs are separated by size and their activity level. I and my staff will be prepared for all types of situations that may come up unforeseen. Safety first is the key. I have been doing this for the past several years and am confident in my skills. I also work closely with local Veterinarian and will have one on call every day in case of an emergency. The staff will also be CPR Certified for Dogs. The Ownership/Management The company name is Playtime Pup Ranch, LLC. owned and operated by Michelle Janczak and Catherine Schilling. At least one of the owners be on site during operations hours. As owners of Playtime Pup Ranch, we require a very structured and organized environment. This being a new business we will have 1 employee to service 10 clients. We will break this down by activity and separate activity areas for high activity, low activity and possible a senior/special needs room. The Goals and Objectives Whatever our clients require our company philosophy is to provide their dog with a ‘home from home’ experience. We want our clients to feel they are in a sanctuary every day and having the time of their lives. It is very important to us that our clients know that their dog is not locked up in a kennel or home alone all day long. We are a family business with years of experience caring for dogs and we believe our service is second to none. We are dedicated to ensuring that our client’s dog has a great experience with us and returns to our clients homes happy and content. Companies Mission Statement To provide superior pet care services with emphasis on enriching the bond between pets and people. The Target Market The Target Market for our company is the general community in, Des Plaines, Mount Prospect, and the surrounding areas that would be interested in our services and care for their dogs. This would include all people who are gone for work all day and their dogs are left alone with no care for 8 to 12 hours. Future Products We would eventually provide private walks and In-Your-Home services. We will request amendments to our operations plan for any additional services. Exhibit A Page 40 of 42 8 EXHIBIT B UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, Michelle Janczak and Cathy Schilling ("Petitioners"), applied to the City of Des Plaines for a conditional use permit to operate a domestic pet service on that certain property commonly known as 676 N. Wolf Road, Des Plaines, Illinois ("Subject Property"), pursuant to Sections 12-7-3.K. of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Conditional Use Permit"); and WHEREAS, Ordinance No. Z-2-18 adopted by the City Council of the City of Des Plaines on , 2018 ("Ordinance"), grants approval of the Conditional Use Permit subject to certain conditions; and WHEREAS, Petitioners and Owner desire to evidence to the City their unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in said Ordinance, and their consent to recording the Ordinance and this Unconditional Agreement and Consent against the Subject Property; NOW, THEREFORE, Petitioners and Owner do hereby agree and covenant as follows: 1. Petitioners and Owner hereby unconditionally agree to accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z-2-18, adopted by the City Council on _______________, 2018. 2. Petitioners and Owner acknowledge and agree that the City is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the City's review and approval of any plans for the Subject Property, or the issuance of any permits for the use and development of the Subject Property, and that the City's review and approval of any such plans and issuance of any such permits does not, and shall not, in any way, be deemed to insure Petitioners and Owner against damage or injury of any kind and at any time. 3. Petitioners and Owner acknowledge that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the procedures required by Section 12-4-7 of the City's Zoning Ordinance are followed. 4. Petitioners agree to and do hereby hold harmless and indemnify the City, the City's corporate authorities, and all City elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, Exhibit B Page 41 of 42 9 at any time, be asserted against any of such parties in connection with (a) the City's review and approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Subject Property, and (d) the performance by Petitioners of their obligations under this Unconditional Agreement and Consent. 5. Petitioners hereby agree to pay all expenses incurred by the City in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses shall include all out-of-pocket expenses, such as attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employees of the City. ATTEST: MICHELLE JANCZAK By: SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2018. ____________________________________ Notary Public ATTEST: CATHY SCHILLING By: SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2018. ____________________________________ Notary Public ATTEST: JWG LTD PARTNERSHIP DESIGNATIED SERIES MG By: SUBSCRIBED and SWORN to before me this _______ day of ___________________, 2018. ____________________________________ Notary Public Exhibit B Page 42 of 42 1 Office of General Counsel 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: February 13, 2018 To: Michael G. Bartholomew, City Manager From: Peter Friedman, General Counsel Subject: Acquisition of Des Plaines Theater Property At your direction and the direction of the City Council, we have negotiated a purchase and sale agreement for the acquisition by the City of the Des Plaines Theater Property. Consistent with the Council’s authorization, the purchase price under the agreement is $1,257,500. Recommendation: We recommend adoption of Resolution R-48-18. Attachments: Resolution R-48-18 Exhibit A – Purchase and Sale Agreement MEMORANDUM Page 1 of 37 1 CITY OF DES PLAINES RESOLUTION R - 48 - 18 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REAL ESTATE PURCHASE AND SALE AGREEMENT FOR THE DES PLAINES THEATER 1470- 1476 MINER. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, on December 18, 2017, the City Council adopted Ordinance No. M-45-17 finding that it was necessary, convenient, and desirable to acquire the Des Plaines Theater (“Theater”) located at 1476 Miner Street (“Subject Property”) and authorizing the City Manager and the City’s General Counsel, if necessary, to initiate eminent domain proceedings to obtain ownership of the Subject Property; and WHEREAS, prior to commencing eminent domain proceedings the City was able to negotiate a mutually acceptable price of $1,257,500 to acquire the Subject Property from its owner through a voluntary sale; and WHEREAS, the City desires to acquire the Subject Property for the purpose of redeveloping the Theater to provide a significant cultural and educational amenity to both the residents of the City’s central business district and to the City at large; and WHEREAS, the Mayor and City Council have determined that entering into a Real Estate Purchase and Sale Agreement (“Purchase and Sale Agreement”) for the Subject Property with FNBW Bank, formerly known as the First National Bank of Wheaton, as trustee under Trust Agreement dated October 27, 2003 and known as Trust No. 1528 (“Trust”), and the beneficiaries of the Trust (collectively, “Owner”) would be in the best interest of the City and its residents; 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 AND SALE AGREEMENT. The City Council hereby approves the Purchase and Sale 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 PURCHASE AND SALE AGREEMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to Page 2 of 37 2 execute and seal, on behalf of the City, the final Purchase and Sale Agreement following its full execution by the Owner. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving and Authorizing Execution of a Real Estate Purchase and Sale Agreement for the DP Theater 1470-1476 Miner #55397837_v2 Page 3 of 37 1 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into as of __________________, 2018 (the "Effective Date") by and between the CITY OF DES PLAINES, an Illinois home-rule municipal corporation (“Purchaser”), and FNBW Bank, formerly known as the First National Bank of Wheaton, as trustee under Trust Agreement dated October 27, 2003 and known as Trust No. 1528 ("Trust") and Dhitendra N. Bhagwakar (“Beneficiary”), Dharmesh N. Bhagwakar (“Beneficiary”) and Ashwin N. Bhagwaker (“Beneficiary”) (jointly the "Seller"). In consideration of the recitals and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser (collectively, the “Parties”) agree as follows: Section 1. Recitals. A. The Trust currently owns fee simple title to that certain real property consisting of an approximately 14,200 square foot rectangular corner parcel improved with a two-story building and commonly known as 1470-1476 Miner Street, in Des Plaines, Illinois, PIN: 09-17-415-010- 0000 and which is legally described on Exhibit A attached hereto (the "Parcel"). B. Property Description. Purchaser desires to purchase from Seller, and Seller desires to sell to Purchaser, (i) the Parcel, (ii) the improvements thereon, (iii) all easements, tenements, riparian rights, hereditaments, privileges and appurtenances that run with or are appurtenant to the Parcel, whether or not of record, (iv) the use of all appurtenant and assignable rights-of-way, if any, abutting, adjacent to, contiguous to, or adjoining the Parcel, and (v) all licenses, permits and franchises issued by any government authority relating to the development, use, or operation of the Parcel, running to or in favor of Seller (collectively, the “Property”), subject to this Agreement. C. Seller Description. Dhitendra N. Bhagwakar, Dharmesh N. Bhagwakar and Ashwin N. Bhagwakar are the sole beneficiaries of the Trust. The Trust owns an undivided fee simple interest in the Parcel. All reference to the Seller shall include the Trust, and all of the beneficiaries of the Trust. D. Threat of Condemnation. On December 18, 2017, the City Council of the City of Des Plaines approved Ordinance No. M-45-17 authorizing the acquisition of the Property through the power of eminent domain. In lieu of condemnation, Purchaser and Seller have entered into this Agreement. Section 2. Incorporation of Recitals. The Recitals are incorporated into this Agreement. Section 3. Purchase and Sale; Purchase Price. A. Purchase Price. Seller shall sell the Property to Purchaser, and Purchaser shall purchase the Property from Seller, subject to the terms of this Agreement. The purchase price for the Property is $1,257,500 (“Purchase Price”). Exhibit A Page 4 of 37 2 B. Earnest Money. Purchaser will deliver to Chicago Title Insurance Company ("Title Company"), c/o Linda Tyrell, 10 S. LaSalle St., Chicago, Illinois, 60603, Tel: 312-223- 3361, Fax: 312-223-4857, email: linda.tyrell@ctt.com referencing Order No. 1401-18001239NC as escrowee ("Escrowee"), by wire of immediate available funds the sum of fifty thousand dollars ($50,000) (“Earnest Money”) no later than 5 business days after the Effective Date. Escrowee will hold the Earnest Money pursuant to the form strict joint order escrow agreement then in use by the Escrowee with such changes as may be necessary to conform to this Agreement. C. Balance of Purchase Price. Purchaser shall pay the Purchase Price, plus or minus prorations, credits, and adjustments as provided in this Agreement, at the Closing through a Closing Escrow (defined in Section 10 below) by wire transfer in accordance with wire instructions proved by the Title Company. D. Interest on Earnest Money. Purchaser will pay any fee charged by the Escrowee for placement of the Earnest Money in an interest bearing account and will sign such documents as required by Escrowee. Any interest earned on the Earnest Money shall be credited to Purchaser at the Closing. Section 4. Parties’ Preliminary Obligations and Rights. A. Seller’s Deliveries. Within 2 business days after the Effective Date, Seller shall deliver to Purchaser and Purchaser’s attorney copies of all of the following pertaining to the Property in its possession or control: (i) any and all unrecorded leases, tenancies, licenses, easements, and occupancy rights, all amendments thereto, and all correspondence and notices related thereto; (ii) existing survey(s) of the Property; (iii) any environmental reports, including Phase I and Phase II reports; (iv) any and all notices and correspondence regarding compliance with laws, including environmental laws, but excluding any Purchaser’s zoning, building, fire or health laws, ordinances or codes of Purchaser; (v) all contracts and services agreements binding on the Property and (vi) any unrecorded easements, licenses, or other rights to occupy or use the Property (collectively "Seller's Deliveries"). Seller shall deliver a cover letter with Seller's Deliveries certifying that true, complete, and correct copies of all of Seller's Deliveries have been delivered to Purchaser and its attorneys. Seller makes no representations regarding the accuracy of any and all any environmental reports, including Phase I and Phase II reports tendered to Purchaser under this Section and Seller bears no liability whatsoever to Purchaser for the same. Purchaser’s review and reliance on any environmental reports, including Phase I and Phase II reports produced by Seller hereunder is at Purchaser’s own risk. Exhibit A Page 5 of 37 3 B. Title Commitment. Purchaser will obtain a commitment from the Title Company to issue to Purchaser at Closing an ALTA Owner's Title Insurance Policy (2006 version) (i) in the amount of the Purchase Price, (ii) with the following endorsements: an extended coverage endorsement over all standard exceptions, Zoning 3.1 endorsement; Same as Survey endorsement, a Location endorsement, and an Encroachment Endorsement, (iii) insuring good, marketable, and insurable title to the Property, and (iv) with coverage over any “gap” period, all subject only to the Permitted Exceptions (as defined in Section 5.B.4) (the "Title Policy"). Purchaser shall pay the cost for the Title Policy with the aforementioned endorsements and the cost of any and all other endorsements requested by Purchaser or later date commitments requested or required by the Purchaser. C. Surveys and Plats. Purchaser will obtain an ALTA/NSPS standard survey (“ALTA Survey”) of the Property, that (a) is prepared by a surveyor approved by Seller, (b) will be certified in favor of Seller, Purchaser and the Title Company, (c) complies with all requirements of the Title Company that are conditions to the removal of the survey exception from the standard printed exceptions in the Title Commitment, (d) contains a certification as to the total acreage of the Property, (e) includes the Table A Items 1, 2, 3, 4, 7a, 7b, 8, 9, 10 a, 11, 15, 19, and 20, and (f) is provided to Purchaser in Micro Station design file format (or compatible Auto Cad digital format that can be converted to Micro Station design file format) in NAD 83 State Plane Coordinates, and eight hard copies of the ALTA Survey to Purchaser. Purchaser shall pay the cost for the ALTA Survey and the cost of any and all updates of the ALTA Survey requested or required by the Purchaser. Purchaser shall provide a copy of the ALTA Survey to Seller. D. Environmental Assessment. Beginning on the Effective Date, Purchaser may cause to be performed one or more (i) environmental assessments, reviews, or audits, including without limitation a Phase I site assessment, of or related to the Property, (ii) tests or borings of the soil on the Property, (iii) asbestos testing of any improvements located on the Parcel, and (iv) other investigations or analyses concerning the environmental and physical condition of the Parcel (collectively, “Environmental Assessments”). Purchaser shall provide a copy of any completed Environmental Assessment to Seller. Purchaser will defend, indemnify and hold harmless Seller from and against any and all claims, actions, causes of actions, suits, judgements, demands, damages, losses, expenses, costs or liability whatsoever including reasonable attorney fees and related costs of litigation caused by and directly related to Purchaser’s actions in performing its Environmental Assessment. Section 5. Due Diligence Period. A. Period and License. During the period that begins on the Effective Date and ends on the ninetieth (90th) day after the Effective Date ("Due Diligence Period"), Purchaser may conduct such investigations, inspections, reviews, and analyses of or with respect to the Property as Purchaser desires (“Due Diligence Activities”). The Due Diligence Activities may include, without limitation, reviews of Seller’s Deliveries, the Title Commitment, the ALTA Survey, and the Environmental Exhibit A Page 6 of 37 4 Assessments. Seller hereby grants to Purchaser a license during the Due Diligence Period, for the use of Purchaser and its agents and contractors, to conduct Due Diligence Activities on the Property at any time upon 2 day’s prior written/emailed (without further delivery) notice to Seller. B. Review of Title Commitment and Survey. 1. Identification of Title Objections and Survey Objections and Seller’s Commitment to Cure. Attached to this Agreement as Exhibit B is a copy of the title commitment prepared by the Title Company and known as Commitment Number 18001239NC and dated January 9, 2018 (“Title Commitment”). Purchaser will not accept the following exceptions in the Title Policy: General Exceptions 1; 2; 3; 4; 5; 6; 7; Exception E as it applies to taxes due and payable before the Closing Date (as defined in this Agreement); A-8; C-9; I-10; J-11; K-12; L-13; M-14; N-15; O-16; P- 17; Q-18; R-19; S-20; T-21; U-22; V-23; W-24; X-25; Y-26; F-27; G-28; H-29; Z-30 and any future exceptions raised by the Title Company (“Title Objections”). No later than the 10th business day following Purchaser’s receipt of the Survey, Purchaser shall send written notice ("Survey Objection Notice") identifying any additional matters identified in the Survey including the encroachments identified in Exceptions F-27; G-28; H-29, if they are also shown on the Survey and that Purchaser determines will adversely affect Purchaser’s intended redevelopment of the Property, (the “Survey Objections”). The Seller commits, at Seller’s cost (if applicable under this Agreement), to (a) clear the following Title Objections prior to or at the Closing: Exception E as it applies to taxes due and payable before the Closing Date (as defined in this Agreement); I-10; J-11; K-12; L-13; M-14; N-15; O-16; P-17; Q-18; R-19; S-20; T-21; U-22; V-23; X-25; Y-26; W-24 (Purchaser is responsible for any transfer taxes, if any, and all costs related to an exemption for the same as provided in Section 10.E.) and Z-30 as well as General Exceptions 1, 3, 4, 5, 6 and 7("Commitment to Clear Exceptions"); and (b) Seller’s Commitment to Clear Exceptions is limited to delivering or causing to be delivered to Escrowee at or before Closing those documents set forth in Section 10.C “Seller Closing Deliveries” and the funds necessary for Seller’s Commitment to Clear Exceptions and the Must Cure Exceptions to be paid so that release deeds/ satisfaction of mortgages/waiver of liens or such releases will be provided to the Title Company so that the Title Company can waive the Title Objections from the Title Commitment/Pro Forma/Owner’s Title Policy to be issued to the Purchaser at the end of the Closing (as described in this Agreement). If the Title Company will not insure over any Survey Objection then Purchaser will either agree to take subject to such Survey Objection or Purchaser will terminate this Agreement. Seller is not undertaking any commitment to cure Survey Objections and will not be responsible for any costs related to the Survey Objections, including but not limited to any costs related to the decision by Title Company to insure over any Survey Objection. Notwithstanding the process identified in this Section 5.B.1, the following are Title Objections, whether or not identified by Purchaser, that Seller must cure, and not merely insure over, prior to or at the Closing, and that Seller will be deemed to commit to cure in the Commitment to Clear Exceptions, (collectively, the “Must Cure Exceptions”): (i) each mechanics’, materialmen’s, repairmen’s, contractors’ or other lien that encumbers the Property, unless the lien arises from the acts of Purchaser, (ii) each mortgage, security deed, and other security instrument that encumbers the Property, and (iii) all past due Real Estate Taxes (defined in Section 10.F) applicable to the Property, and (iv) each judgment against Seller that may constitute a lien against the Property. 2. Purchaser’s Option to Close or Terminate Based on Survey Objections. Seller will not remove, insure over, or cure any or all of the Survey Objections. Purchaser has until the Exhibit A Page 7 of 37 5 end of the Due Diligence Period to notify Seller in writing whether Purchaser will (i) proceed with the purchase of the Property subject to the Survey Objections and without reduction in Purchase Price in which case the Survey Objections are deemed approved, or (ii) terminate this Agreement in which case the Earnest Money will be returned to Purchaser as its sole and exclusive remedy. Failure of Purchaser to give Seller such notice shall be deemed to be an election by Purchaser under (i) above. 3. Seller’s Compliance with Commitment to Clear Exceptions. At least 3 business days prior to Closing, Seller shall deliver to Purchaser a Pro Forma, showing that all Title Objections to be cleared as part of Seller’s Commitment to Clear Exceptions will be cleared at Closing. 4. Permitted Exceptions. “Permitted Exceptions” are the following: any Survey Objections accepted by Purchaser if the Title Company refuses to insure over such exception; zoning ordinances and regulations and other laws or regulations governing the use or enjoyment of the Property; matters affecting title created by or on behalf of or with the consent of Purchaser; and real estate taxes not yet due and payable against the Property. 5. Effect of Termination. In the event of a termination pursuant to this Section 5.B.2, neither party shall have any claim or obligation under this Agreement, except for those rights, liabilities, and obligations that expressly survive the termination of this Agreement including but not limited to Purchaser’s obligation to restore the Property pursuant to Section 5.E below and the return of the Earnest Money to Purchaser. C. Review of Environmental Assessments; Environmental Work. Remediation Notice. If Purchaser determines through its review of an Environmental Assessment, that there exists within the Property a condition that (a) may require environmental clean-up, remediation, or (in the case of underground and above ground storage tanks (collectively, “Storage Tanks”)) removal, and (b) may adversely affect Purchaser’s intended redevelopment of the Property (an “Environmental Condition”), then, before the end of the Due Diligence Period, Purchaser may send Seller a written notice terminating this Agreement, in which event neither party shall have any further liability to the other (a "Remediation Notice") except for the Earnest Money to be returned to Purchaser. D. Purchaser’s Right to Terminate. In addition to its termination rights pursuant to Section 5.B.2 and 5.C, not later than the last day of the Due Diligence Period (the "Approval Deadline"), Purchaser may deliver to Seller a written notice stating that, based on the results of the Due Diligence Activities, the Property are not suitable for Purchaser’s intended uses, as determined by Purchaser in its sole and absolute discretion, and that Purchaser has elected to terminate this Agreement ("Termination Notice"), in which case the Earnest Money is returned to Purchaser as its sole and exclusive remedy for not closing under this Due Diligence Section. Exhibit A Page 8 of 37 6 E. Restoration. If a Due Diligence Activity by the Purchaser damages the Parcel, and Purchaser does not acquire the Property, then Purchaser shall restore the Parcel to a condition that is substantially the same as its condition prior to the performance of such Due Diligence Activity. This Restoration Section 5.E shall survive a termination of this Agreement. F. Indemnity. Purchaser will defend, indemnify and hold harmless Seller from and against any and all claims, actions, causes of actions, suits, judgements, demands, damages, losses, expenses, costs or liability whatsoever including reasonable attorney fees and related costs of litigation caused by or related to Purchaser’s actions in performing its Due Diligence Activities. Section 6. Representations and Warranties. A. Representations and Warranties of Seller. Seller, including Dhitendra Bhagwakar, individually and on behalf of the Trust, Dharmesh N. Bhagwakar, individually and on behalf of the Trust and Ashwin N. Bhagwaker, individually and on behalf of the Trust, represents and warrants to Purchaser that, as of the date hereof and as of the date of Closing: (i) Seller has not entered into any agreements or granted any options pursuant to which any third party has the right to acquire all or any portion of the Property or any interest therein; (ii) there will not be at Closing, any leases, tenancies, licenses, concessions, franchises, options or rights of occupancy or purchase, service, maintenance, or other contracts that which will be binding upon Purchaser or the Property after the Closing; (iii) the Property is not affected by or subject to: (a) any pending or, to Seller's actual knowledge, threatened condemnation suits, or similar proceedings by the State of Illinois or the United States Government, (b) other pending or, to Seller's actual knowledge, threatened claims, charges, complaints, petitions, or unsatisfied orders by or before any administrative agency or court, or (c) any pending or, to Seller's actual knowledge, threatened claims, suits, actions, complaints, petitions, or unsatisfied orders by or in favor of any party whatsoever; (iv) Deliberately omitted. (v) to Seller's actual knowledge, there are no unrecorded easements, liens, or encumbrances affecting the Property, except the restaurant tenant lease that will be terminated prior to Closing.; (vi) Excluding any notices (s) from Purchaser, Seller has received no written notice of any violation of any State of Illinois or Federal law, ordinance, order, regulation, or requirement related to the Property, including, but not limited to, building, zoning, environmental, safety, and health ordinances, statutes, regulations, and requirements issued by State of Illinois or Federal governmental body; (vii) to Seller’s actual knowledge, excepting and excluding what is disclosed in the Environmental Assessments of Purchaser in Section 4.D. and Seller’s Deliveries in Exhibit A Page 9 of 37 7 Section 4.A., (a) any use of the Property for the generation, storage or disposal of any (1) asbestos, (2) petroleum, (3) explosives, (4) radioactive materials, wastes or substances, or (5) any substance defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42. U.S.C. 9601, et seq., the Hazardous Materials Transportation Act (49 U.S.C. 1802), the Resource Conservation and Recovery Act (42 U.S.C. 6901), or in any other Applicable Law (as defined in 14.D.2) governing environmental matters (“Environmental Laws”) (collectively, “Hazardous Materials”) has been in compliance with all Environmental Laws, (b) there are not any Hazardous Materials present on the Property, (c) the Property is currently in compliance with all Environmental Laws; and (d) there are currently no Storage Tanks on the Property and any Storage Tanks formerly located on the Property were removed in compliance with all Environmental Laws; (viii) except as disclosed in Seller's Deliveries, Seller has received no written notice of (a) any pending or threatened action or proceeding arising out of the presence of Hazardous Materials on the Property or (b) any alleged violation of any Environmental Laws; (ix) Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986; (x) Seller has the requisite power and authority to enter into and perform the terms of this Agreement and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary trustee, executory, and individual action and authority, do not violate any agreement to which Seller is a party, and no other proceedings on Seller's part are necessary in order to permit Seller to consummate the transaction contemplated hereby; and there is no agreement to which Seller is a party or to Seller’s actual knowledge is binding on Seller which is in conflict with this Agreement; and (xi) Neither Seller nor any of its affiliates have (a) commenced a voluntary case, or had entered against them a petition, for relief under any applicable law relative to bankruptcy, insolvency, or other relief for debtors, (b) caused, suffered, or consented to the appointment of a receiver, trustee, administrator, conservator, liquidator, or similar official in any federal, state, or foreign judicial or non-judicial proceeding to hold, administer, and/or liquidate all or substantially all of their respective assets, (c) had filed against them any involuntary petition seeking relief under any applicable law relative to bankruptcy, insolvency, or other relief to debtors, or (d) made a general assignment for the benefit of creditors. (xii) each person executing this Agreement on behalf of Seller is fully authorized to do so and, by doing so, to bind Seller to its obligations under this Agreement. At Purchaser’s request, Dhitendra Bhagwakar, individually and on behalf of the Trust, Dharmesh N. Bhagwakar, individually and on behalf of the Trust and Ashwin N. Bhagwaker, individually and on behalf of the Trust, shall reconfirm all representations and Exhibit A Page 10 of 37 8 warranties set forth in this Section 6 as true, accurate, and complete on and as of Closing. “Seller’s actual knowledge” as used in this Agreement means the current honest subjective belief of Seller without any duty of inquiry or investigation, and not constructive knowledge or imputed knowledge. B. Representations and Warranties of Purchaser. As a material inducement to Seller to execute this Agreement and consummate this transaction, Purchaser represents and warrants to Seller: (i) Organization and Authority. Purchaser is a validly existing Illinois municipal corporation. Purchaser has the full right and authority and has obtained any and all consents required to enter into this Agreement and to consummate or cause to be consummated the transaction contemplated hereby. This Agreement has been properly executed and constitutes a valid and binding contract of Purchaser, enforceable in accordance with the terms of this Agreement; and (ii) Conflicts. There is no agreement to which Purchaser is a party or to Purchaser’s knowledge binding on Purchaser which is in conflict with this Agreement. C. Survival. Seller's and Purchaser’s representations and warranties shall survive Closing for nine (9) months D. Condition of the Property. Except as otherwise set forth in this Agreement the Property is being sold in an “AS IS, WHERE IS” CONDITION and “WITH ALL FAULTS” as of the Effective Date and as of the Closing Date, subject to the terms of Sections 7viii and 11. Except as expressly set forth in this Agreement, no representations or warranties (including without limitation, merchantability, suitability or fitness for any particular use) have been made or are made by Seller or by any partner, officer, person, firm, agent, attorney, or representative acting or purporting to act on behalf of Seller as to the condition, repair, value, expense or operation or income potential of the Property or any portion thereof, including but not limited to the environmental condition of the Property, except as provided by Seller in Section 6(vii) of this Agreement. Purchaser is relying solely on its own inspections, engineering studies and reports, economic and feasibility studies and examinations of the Property and Purchaser’s own determination of the condition of the Property. Section 7. Seller’s Covenants and Agreement. Seller covenants and agrees with Purchaser from the Effective Date until the Closing: (i) Seller shall not make, enter into, grant, amend, extend, renew or grant any waiver or consent under any lease, tenancy, easement, license or other agreement allowing the use or occupancy of all or any portion of the Property, without Purchaser's prior written consent, (ii) Seller shall not enter into or amend any contracts, agreements or undertakings that will be binding upon Purchaser or the Property, without Purchaser's prior written consent, Exhibit A Page 11 of 37 9 (iii) Seller shall not create, or allow the creation of, any encumbrance on the title of the Property, without Purchaser’s prior written consent (except for any Permitted Exceptions), (iv) Deliberately omitted. (v) Seller shall promptly inform Purchaser of any developments which would cause any of its representations or warranties contained in this Agreement to be no longer materially accurate, (vi) Seller, at its own expense, and before Closing, shall completely remove all personal property, located at or on the Property and described on Exhibit C, except for the Transferred Personal Property (defined in Section 10. C (xiii) below), (vii) Deliberately Omitted. (viii) Seller shall continue to maintain and keep the Property in its current condition, except for normal wear and tear, use commercially reasonable efforts to comply with all Applicable Laws materially affecting it, and pay taxes and mortgage payments on it as they become due. Section 8. Bulk Sales/Illinois Income Tax Withholding. At least 65 days prior to the Closing, Seller shall give to Purchaser’s attorney the Seller’s information that is necessary to complete the standard notification forms, including but not limited to the Seller’s Employer Identification Number and/or social security numbers for the Beneficiaries, in order that Purchaser may: (i) notify the Illinois Department of Revenue (the "Department") of the intended sale of the Property and request the Department to make a determination as to whether Seller has an assessed, but unpaid, amount of tax, penalties, or interest under 35 ILCS 5/902(d) or 35 ILCS 120/5j and (ii) notify the Cook County Department of Revenue (the "Cook County") of the intended sale of the Property and request the Cook County to make a determination as to whether Seller has an assessed, but unpaid, amount of tax, penalties, or interest under the Cook County Code Section 34.92 (collectively the "Bulk Sales Acts"). Provided the amounts imposed under the Bulks Sales Acts are $50,000 or less then Purchaser may, at the Closing, deduct and withhold from the proceeds that are due to Seller the amount necessary to comply with the withholding requirements imposed by the Bulk Sales Acts, provided that such amounts are deposited in escrow at Closing and released to Seller upon Seller obtaining a release from the Department and/or Cook County or paid to the Department or Cook County if Seller has not obtained the necessary releases within sixty days from the Closing Date. If the amount imposed is over $50,000 the Seller may extend the Closing for sixty days to obtain the necessary releases. If the amount imposed is over $50,000 and the Seller is unable to obtain a release from the Department and/or Cook County under the Bulk Sale Acts, then the Purchaser may agree to accept the Property and Seller will contribute $50,000 to the Purchaser so that the Purchaser may obtain the release of the Bulk Sales Acts. If Purchaser refuses to accept the Property then Seller may terminate this Agreement, in which case the Earnest Money is returned to Purchaser as its sole and exclusive remedy with neither party liable to the other. Exhibit A Page 12 of 37 10 Section 9. Conditions Precedent to Closing. Purchaser’s obligation to close is subject to each and all of the following conditions being satisfied by Seller, or waived in writing by Purchaser (the “Closing Contingencies”): (i) all of Seller's representations and warranties contained in this Agreement, must be materially true and correct on the date hereof and as of the Closing Date, (ii) Seller must have timely performed all of its obligations under this Agreement, (iii) all conditions precedent to Purchaser's obligation to close on the transaction contemplated in this Agreement must have been satisfied or waived as of the Closing Date, (iv) Seller must have delivered all items required to be delivered by Seller pursuant to Section 10.C, (v) the Title Company has issued or is irrevocably committed to issue the Title Policy, and (vi) any and all leases or tenancies of any kind have been terminated and all tenants or other occupants of the Property have vacated the Property. Purchaser may inspect the Property within forty-eight (48) hours prior to the Closing Date to determine whether the Closing Contingencies have been satisfied. If a Closing Contingency is not satisfied because of a default by Seller, Purchaser will have all of its rights under Section 14.E.1. Section 10. Closing. A. Conveyance and Possession. At Closing, Seller shall convey fee simple title to the Property to Purchaser by delivery of Seller's deed from the Trust ("Seller's Deed") in recordable form conveying fee simple title to the Property, subject only to Permitted Exceptions. Seller shall deliver full and complete possession of the Property to Purchaser upon Closing. Seller shall deliver the Property to Purchaser in its condition as of the Effective Date, except for ordinary wear and tear and subject to Sections 7viii and 11. B. Time, Place; Closing Escrow. (i) Time. The Closing will occur no later than the 30th day following the expiration of the Due Diligence Period or on another date mutually agreed to in writing by the Parties (the “Closing Date”). (iii) Place. The Closing will be at the office of the Title Company at 10 S. LaSalle St., Chicago, Illinois. The Parties need not physically attend a Closing. Exhibit A Page 13 of 37 11 (iii) Closing Escrow. On or before the Closing, Purchaser and Seller shall establish an escrow in the usual form of deed and money escrow agreement then in use by Title Company with such changes made as may be necessary to conform with the provisions of this Agreement (a "Closing Escrow"). The Closing will be a "New York" style closing. Purchaser will pay the escrow cost including the fee for a New York style closing. C. Seller Closing Deliveries. At the Closing, Seller shall deliver or cause to be delivered to Escrowee the following, in each case, fully executed (as applicable), in form and substance satisfactory to Purchaser: (i) A certified copy of Trust Agreement dated October 27, 2003 and known as Trust No. 1528 and any confirmation of the power of direction and or beneficiaries required by the Title Company, (ii) Seller’s Deed and other instruments of transfer and conveyance transferring the Property, free of all liens other than the Permitted Exceptions, (iii) to the extent required by the Title Company, a “gap” undertaking in customary form and substance for the “gap” period” through the applicable Closing Date or the date of recording, as the case may be, and Purchaser will pay any fee for such gap undertaking, (iv) a current form of ALTA Statement in customary form and substance as required by the Title Company, (v) a counterpart to the closing statement, (vi) real estate transfer declarations or exemptions required by Applicable Laws, (vii) all other documents required by this Agreement, provided such document does not impose a cost on Seller. (viii) 1099 Solicitation; (ix) payoff letters that ensure to the Title Company’s satisfaction that the releases /satisfactions of mortgage for the mortgages and modifications, and assignment of rents noted as Title Objections will be timely received by the Title Company such that the Title Company is able to insure over the Seller’s Commitment to Clear Exceptions, and an affidavit from Seller or such other party as required by the Title Company, in the form acceptable to Title Company, allowing Title Company to waive the Right of First Refusal noted in Exception-26 of the Title Commitment, and the payment or release of other Must Cure Exceptions. (x) a non-foreign affidavit sufficient in form and substance to relieve Purchaser Exhibit A Page 14 of 37 12 of any and all withholding obligations under Section 1445 of the Internal Revenue Code, (xi) a signed Pro Forma title policy, (xii) An Affidavit of Title in customary form whereby the Seller confirms no one has any claim or right to a lien and the condition of title has not changed since the last Title Commitment. (xiii) A Bill of Sale (with general warranty of title) conveying to Purchaser any the personal property noted on Exhibit D. (xiv) Releases from the Department and Cook County re Bulk Sales Acts or the funds as noted in Section 8 Bulk Sales/Illinois Income Tax Withholding. (xv) Proof of payment of real estate taxes that are due and payable even if the due date is after the Closing Date if there is a bill available, unless such real estate taxes are to be paid at Closing. (xvi) A counterpart to the agreement that authorizes the Escrowee to accept the receipts in and make the disbursements from the Escrow (“Escrow Agreement”). (xvii) A statement by the Seller that there is no property manager for the Property in a form acceptable to the Title Company. D. Purchaser’s Closing Deliveries. At Closing, Purchaser shall deliver or cause to be delivered to Escrowee the following, in each case, fully executed (as applicable) and in form and substance reasonably satisfactory to Seller: (i) the Purchase Price, subject to the credits and other adjustments contemplated herein, (ii) a counterpart to the closing statement, (iii) to the extent required by the Title Company, a “gap” undertaking in customary form and substance for the “gap” period” through the applicable Closing Date or the date of recording, as the case may be, and Purchaser will pay any fee for such gap undertaking, (iv) a current form of ALTA Statement in customary form and substance as required by the Title Company, (v) real estate transfer declarations or exemptions required by Applicable Laws, Exhibit A Page 15 of 37 13 (vi) a counterpart of the Escrow Agreement, E. Closing Costs. At Closing, Seller shall pay (i) 100% of all costs related to Seller’s Commitment to Clear Exceptions and Must Cure Exceptions as set forth in Section 5.B.1, (ii) Seller's attorneys' fees related to such Closing and (iii) any costs related to an escrow, if any, for funds to be held pending release under the Bulk Sales Acts. Purchaser shall pay (i) 100% of the costs for the Title Company’s closing escrow, (ii) 100% of the costs incurred in recording the Seller’s Deed, and any other document required to be recorded by any entity providing funding to Purchaser, (iii) any costs incurred in connection with Purchaser's Due Diligence Activities related to the Due Diligence Period, (iv) Purchaser's attorneys' fees related to such Closing, (v) the cost of the Title Policy and any endorsements to the Title Policy requested by Purchaser, and (vi) the cost of the ALTA Survey and the cost of any and all updates of the ALTA Survey requested or required by Purchaser, and (vii) the cost of any real estate transfer taxes, if any, and (viii) all costs to obtain proof of the exempt status for real estate transfer tax purposes imposed by the State of Illinois, Cook County or the City of Des Plaines, including but not limited to any processing fee, inspection fee, or any other cost required by the City of Des Plaines to obtain such exemption for real estate transfer taxes. Seller shall only be responsible for outstanding water, sewer and garbage fees necessary to obtain the exemption. Seller shall not have to pay any fines, fees, penalties or costs related to any citations or building code violations of Des Plaines. F. Prorations. All ad valorem, special tax roll, or other real estate taxes, charges, and assessments, including special assessments and special service area taxes, affecting the Property (collectively, “Real Estate Taxes”) shall be prorated on an accrual basis and on a per diem basis. Seller will give to Purchaser a credit for the Real Estate Taxes based on 105% of the last complete ascertainable tax bill for a full year times the number of days Seller owned the Property divided by the number of days in the year. Using this formula the Seller shall give to Purchaser a credit at the Closing for the Real Estate Taxes for the time the Seller owned the Property to and including the Closing Date and Purchaser will pay the Real Estate Taxes when the bill is issued. If the Seller has paid the first installment of the real estate taxes for a year then that amount shall be deducted from the amount of the last complete ascertainable tax for a full year bill multiplied by 105%. All water, sewer, and other utility charges, if any, shall be prorated as of Closing. The Parties agree that when the actual Real Estate Taxes bill is issued that they will re-prorate the amount due. The Parties agree to sign the Tax Reproration Agreement attached as Exhibit E. Seller shall have the right to hire an attorney to challenge the 2018 assessed value of the Property to reduce the amount due to Purchaser under the Tax Reproration Agreement. Section 11. Casualty; Condemnation. Promptly upon learning thereof, Seller shall give Purchaser written notice of any condemnation, damage or destruction of the Property occurring prior to the Closing. If prior to the Closing all or a material portion of the Property is condemned, damaged or destroyed by an insured casualty, Purchaser shall have the option of either (i) applying the proceeds of any condemnation award or payment under any insurance policies (other than business interruption or rental loss insurance) toward the payment of the Purchase Price to the extent such condemnation awards or insurance payments have been received by Seller, receiving from Seller an amount equal to any applicable deductible under any such insurance policy and receiving an assignment from Seller of Seller’s right, title and interest in any such awards or payments not theretofore received by Seller, or (ii) terminating this Agreement by delivering written notice of such termination to Seller and Escrowee within ten (10) business days Exhibit A Page 16 of 37 14 after Purchaser has received written notice from Seller of such material condemnation, damage or destruction. If, prior to the Closing, a portion of the Property is condemned, damaged or destroyed and such portion is not a material portion of the Property, the proceeds of any condemnation award or payment and any applicable deductible under any insurance policies shall be applied toward the payment of the Purchase Price to the extent such condemnation awards or insurance payments have been received by Seller and Seller shall assign to Purchaser all of Seller’s right, title and interest in any unpaid awards or payments. For purposes of this Section 11, the term “material portion” shall mean greater than ten percent (10%) of the value of the Property or an absence of reasonable access to the Property. If the damage or destruction arises out of an uninsured risk, Seller shall elect, by written notice within ten (10) days of the occurrence of such damage or destruction either to terminate this Agreement or to close the transaction contemplated hereby with a reduction of the Purchase Price equal to the costs of repairing the Property, as reasonably estimated by an engineer engaged by Seller and reasonably acceptable to Purchaser. Section 12. Brokers. Seller and Purchaser each represents and warrants to the other that it knows of no broker or other person or entity who has been instrumental in submitting or showing the Property to Purchaser. If any broker or other person asserts a claim against one of the parties for a broker's commission, finder's fee, or similar payment in connection with the transactions contemplated in this Agreement, then that party shall indemnify and hold harmless the other party from and against any damage, liability or expense, including costs and reasonable attorneys' fees that that party incurs because of such claim. Section 13. Patriot Act. A. Definitions. All capitalized words and phrases and all defined terms used in the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) ("Patriot Act") and in other statutes and all orders, rules and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001, and the USA FREEDOM Act dated June 2, 2015 are collectively referred to as the "Patriot Rules" and are incorporated into this Section. B. Representations and Warranties. Purchaser and Seller hereby represent and warrant, each to the other, that each and every "person" or "entity" affiliated with each respective party or that has an economic interest in each respective party or that has or will have an interest in the transaction contemplated by this Agreement or in any property that is the subject matter of this Agreement or will participate, in any manner whatsoever, in the purchase and sale of the Property is, to the best of Purchaser's or Seller's knowledge: (i) not a "blocked" person listed in the Annex to Executive Order Nos. 12947, 13099 and 13224, (ii) in full compliance with the requirements of the Patriot Rules and all other requirements contained in the rules and regulations of the Office of Foreign Assets Control, Department of the Treasury ("OFAC"), Exhibit A Page 17 of 37 15 (iii) operated under policies, procedures and practices, if any, that are in compliance with the Patriot Rules and available to each other for review and inspection during normal business hours and upon reasonable prior notice, (iv) not in receipt of any notice from the Secretary of State or the Attorney General of the United States or any other department, agency or office of the United States claiming a violation or possible violation of the Patriot Rules, (v) not listed as a Specially Designated Terrorist or as a blocked person on any lists maintained by the OFAC pursuant to the Patriot Rules or any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of the OFAC issued pursuant to the Patriot Rules or on any other list of terrorists or terrorist organizations maintained pursuant to the Patriot Rules, (vi) not a person who has been determined by competent authority to be subject to any of the prohibitions contained in the Patriot Rules, and (vii) not owned or controlled by or now acting and or will in the future act for or on behalf of any person or entity named in the Annex or any other list promulgated under the Patriot Rules or any other person who has been determined to be subject to the prohibitions contained in the Patriot Rules. C. Mutual Notice; Termination. Each party covenants and agrees that in the event it receives any notice that it or any of its beneficial owners or affiliates or participants become listed on the Annex or any other list promulgated under the Patriot Rules or indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, the party that receives such notice shall immediately notify the other (the “Non-Blocked Party”) and the effect of the issuance of a notice pursuant to the Patriot Rules is that the Non-Blocked Party may elect to either: (i) obtain permission from OFAC to proceed with the Closing, in which case, the Closing Date shall be delayed until such permission is obtained, or (ii) send written notice to the other party terminating this Agreement, in which event the Parties shall have no further rights or obligations under this Agreement, except for those rights, liabilities or obligations that survive a termination of this Agreement. Section 14. General Provisions. A. Integration; Modification; Non-Reliance. This Agreement constitutes the entire agreement between the Parties pertaining to the Property and supersedes all prior agreements, understandings, and negotiations pertaining thereto. This Agreement may be modified only by a written amendment or other agreement that is lawfully approved and executed by the Parties. The Purchaser acknowledges that no promise or inducement has been offered for this Agreement, except as contained in this Agreement, and that this Agreement is executed without reliance upon any statement or representation not set forth in the Agreement Exhibit A Page 18 of 37 16 B. Further Actions. The Parties shall execute all documents and take all other actions consistent with this Agreement that are reasonably necessary to consummate the transactions contemplated in this Agreement. C. Deliberately omitted. D. Interpretation. (i) Presumption. There is no presumption that this Agreement is to be construed for or against Seller or Purchaser, or either party as the principal author of the Agreement. Instead, this Agreement shall be interpreted in accordance with the general tenor of the language in an effort to reach the intended result. (ii) Compliance with Applicable Laws; Governing Law. In performing their obligations under this Agreement, the Parties shall comply will all applicable federal, state, and local statutes, regulations, requirements, ordinances, and other laws (“Applicable Laws”). The internal laws of the State of Illinois, without regard to its conflict of laws rules, shall govern the interpretation of this Agreement. (iii) Headings and Exhibits. The Section headings in this Agreement are used as a matter of convenience and do not define, limit, construe or describe the scope or intent of the text within such headings. The following Exhibits attached hereto are incorporated herein as an integral part of this Agreement: Exhibit A: Legal Description of Property Exhibit B: Title Commitment Exhibit C: List of Personal Property to be removed by Seller before Closing Exhibit D: List of Personal Property to remain on Property Exhibit E: Tax Reproration Agreement (iv) Non-Waiver. Except as expressly provided in this Agreement, the mere failure by a party to insist upon the strict performance of any obligation of this Agreement or to exercise any right or remedy related to a default thereof shall not constitute a waiver of its rights. If a party waives a right under this Agreement, that waiver shall not be deemed a waiver of any other right. (v) Severability. If any provision of this Agreement is invalid or unenforceable against any party under certain circumstances, then this Agreement will be deemed to be amended by deleting such provision. This Agreement will be enforceable, as amended, to the fullest extent allowed by Applicable Laws and so long as the amendment does not result in a failure of consideration. (vi) Time. Time is of the essence in the performance of this Agreement. If any date upon which action is required under this Agreement is a Saturday, Exhibit A Page 19 of 37 17 Sunday, or legal holiday, the date will be extended to the first business day after such date that is not a Saturday, Sunday or legal holiday. E. Enforcement. 1. Default. a. Purchaser Default. If Purchaser fails to perform an obligation under this Agreement, or (ii) any representation or warranty made by Purchaser hereunder is untrue when made or becomes materially untrue as the result of an act or omission of Purchaser, and Purchaser does not, within 5 days after receiving written notice from Seller of such failure, either (i) cure such failure or (i) if such failure cannot reasonably be cured within 5 days, commence and diligently pursue a cure for such failure, then Purchaser will be in default of this Agreement and Seller may (i) terminate this Agreement and obtain the Earnest Money or (ii) pursue any other remedy available at law or equity, including without limitation an action for specific performance. b. Seller Default. If (i) Seller fails to perform an obligation under this Agreement or (ii) any representation or warranty made by Seller hereunder is untrue when made or becomes materially untrue as the result of an act or omission of Seller, and Seller does not, within 5 days after receiving written notice from Purchaser of such failure, either (i) cure such failure or take action to cause such representation or warranty to become materially true or (ii) if such failure cannot reasonably be cured within 5 days or if such action cannot reasonably be completed within 5 days, commence and diligently pursue a cure for such failure or such action, then Seller will be in default of this Agreement and Purchaser may (i) terminate this Agreement and obtain the Earnest Money or (ii) pursue any other remedy available at law or equity, including without limitation an action for specific performance. 2. Deliberately Omitted. 3. Prevailing Party Attorney Fees. In any litigation filed to enforce this Agreement, the prevailing Party will be entitled to recover from the other Party its reasonable attorney's fees, litigation expenses, and court costs at trial and on appeal that are incurred in such litigation. 4. Venue. Venue for any litigation concerning the enforcement of this Agreement will be in the Circuit Court of Cook County, Illinois, or the Federal District Court for the Northern District of Illinois. F. Execution of Agreement. 1. Board Approval Required. (a) Effectiveness; Irrevocable Offer. Seller acknowledges that (1) this Agreement is not effective until it is approved by Purchaser’s City Council in accordance with Applicable Laws and executed by the Seller’s Mayor within twenty-four (24) hours of Purchaser’s City Exhibit A Page 20 of 37 18 Council’s approval, (2) by executing this Agreement and delivering it to Purchaser, Seller has made an offer to Purchaser to enter into this Agreement, (3) such offer may be accepted by the lawful approval of the Agreement by Purchaser’s City Council, and (4) that such offer is irrevocable until two days after the second City Council meeting held after Seller’s execution of this Agreement and its delivery to Purchaser. 2. Counterparts and Effectiveness. The Parties may execute this Agreement in multiple counterparts, all of which taken together will constitute a single Agreement binding on the Parties, notwithstanding that the Parties are not signatories to the same counterpart. This Agreement will be deemed fully executed, and effective as of the Effective Date, when each party has executed at least one counterpart. Any signature of a party to this Agreement that is sent by that party to the other party via a telefax transmission or via an email transmission in a PDF format shall be deemed a binding signature hereto. Each party shall deliver an original signature to the other party upon the other party's request. G. Notices. Notices under this Agreement must be delivered (i) personally, (ii) by overnight delivery by a nationally recognized courier service, or (iii) by email, with the notice also being sent personally, by overnight delivery as set forth above, or by regular U.S. mail. Notices under this agreement must be sent to the following addresses or to such other or further addresses as a party may hereafter designate by notice: if to Purchaser: CITY OF DES PLAINES 1420 Miner St. Des Plaines, IL 60016 Attn.: Michael Bartholomew, City Manager Email: mbartholomew@desplaines.org with a copy to: Holland & Knight LLP 131 South Dearborn, 30th Floor Chicago, Illinois 60603 Attn: Peter Friedman Email: peter.friedman@hklaw.com Cc: megan.cawley@hklaw.com if to Seller: Dhitendra N. Bhagwakar 831 Seers Dr. Schaumburg, Illinois 60173 Email: dhitu@aol.com Exhibit A Page 21 of 37 19 with a copy to: Ryan and Ryan 9501 W. Devon Ave Suite 300 Rosemont, IL 60018 Attn: William E. Ryan Email: wryan@ryanryanlaw.com Cc: Mryan@ryanryanlaw.com Any notice shall be deemed given upon actual receipt. Nothing in this Section will be deemed to invalidate a notice that is actually received, even if it is not given in strict accordance with this Section. H. Time of Essence. Time is of the essence to this Agreement and to all dates and time periods set forth herein. I. Restaurant Lease. Seller agrees to serve the existing restaurant tenant (“Tenant”) a notice terminating Tenant’s lease and the Tenant’s right to possession to the Property, no later than 2 business days after the Effective Date of this Agreement (“Notice”). This Notice shall provide that the Tenant will vacate the Property no later than March 31, 2018. In the event the Tenant fails to vacate the Property by March 31, 2018 then Seller agrees to engage the services of an attorney to immediately pursue the removal of the Tenant before the Closing Date. The Seller is solely responsible for all costs, including attorney fees in effectuating the termination of the lease with the Tenant and the removal of the Tenant from the Property. In the event the Seller has diligently pursued legal recourse to evict the Tenant and the Tenant has not vacated the Property by the Closing Date, then Seller may extend the Closing by ninety (90) days (“Extended Closing Date”). [SIGNATURE PAGE FOLLOWS] Exhibit A Page 22 of 37 20 The undersigned execute this Agreement on the dates next to their signatures and acknowledge that this Agreement will become effective as of the Effective Date. PURCHASER: CITY OF DES PLAINES, an Illinois home rule municipality By: Name: Matthew J. Bogusz Title: Mayor ATTEST: By: Name: Jennifer L. Tsalapatanis Title: City Clerk SELLER: By: Name: Dhitendra N. Bhagwakar Title: Beneficiary Attest: By: Name: Dharmesh N. Bhagwakar Title: Beneficiary Attest: By: Name: Ashwin N. Bhagwakar Title: Beneficiary FNBW Bank as trustee under trust agreement dated October 27, 2003 and known as Trust No. 1528 _______________________________________ Name: Exhibit A Page 23 of 37 Exhibit A #55387339_v3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL: LOT 68 AND 69 (EXCEPT THE NORTHEASTERLY 8 FEET TAKEN FOR ALLEY) IN ORIGINAL TOWN OF RAND (NOW VILLAGE OF DES PLAINES) A SUBDIVISION OF PART OF SECTIONS 16, 17, 20 AND 21, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (to be confirmed by the Parties) P.I.N.s: 09-17-415-010-0000 (to be confirmed) Commonly known as 1470-1476 Miner St., Des Plaines, Illinois Exhibit A Page 24 of 37 #55387339_v3 EXHIBIT B Title Commitment Exhibit A Page 25 of 37 #55387339_v3 Exhibit A Page 26 of 37 #55387339_v3 Exhibit A Page 27 of 37 #55387339_v3 Exhibit A Page 28 of 37 #55387339_v3 Exhibit A Page 29 of 37 #55387339_v3 Exhibit A Page 30 of 37 #55387339_v3 Exhibit A Page 31 of 37 #55387339_v3 Exhibit A Page 32 of 37 #55387339_v3 Exhibit A Page 33 of 37 #55387339_v3 Exhibit A Page 34 of 37 EXHIBIT C LIST OF PERSONAL PROPERTY TO BE REMOVED BY SELLER (to be completed by the Parties within ten days from the Effective Date) Exhibit A Page 35 of 37 EXHIBIT D LIST OF PERSONAL PROPERTY All heating, cooling, electrical and plumbing systems, smoke and carbon monoxide detectors; all security systems; all speakers and sound systems and components; all lighting fixtures (to be completed by the Parties within ten days from the Effective Date) Exhibit A Page 36 of 37 EXHIBIT E TAX REPRORATION AGREEMENT The undersigned, Dhitendra N. Bhagwaker, Dharmesh N. Bhagwaker and Ashwin N. Bhagwaker as sole beneficiaries under the trust known as the FNBW Bank, as Trustee under Trust Agreement dated October 27, 2003 and known as Trust No. 1528 (jointly “Seller”), and the City of Des Plaines, an Illinois home-rule municipal corporation, (the “City”), under a certain real estate sale contract dated _______________ for the purchase and sale of property commonly known as 1470-1476 Miner St. Des Plaines, Illinois (the “Property”), hereby agree the parties will reprorate the 2017 and 2018 real estate taxes assessed or imposed upon the Premises on the basis of the actual 2017 and 2018 year tax bill. Seller agrees that Seller will promptly pay to Purchaser within thirty (30) days after receipt of a copy of the actual real estate tax bill any increase, if any, between the actual tax bill and the amount credited to Purchaser at closing. Purchaser agrees that Purchaser will promptly pay to Seller within thirty (30) days after receipt of a copy of the actual real estate tax bill any decrease, if any, between the actual tax bill and the amount credited to Purchaser at the closing. Note that the 2018 real estate taxes will be prorated to the date of closing. Any collection expenses, including court costs and attorney's fees, shall be paid by the party owing the money after the foregoing 30 day time period has elapsed. Dated this day of , 2018. SELLER: Dhiendra N. Bhagwaker, Dharmesh N. Bhagwaker and Ashwin N. Bhagwaker PURCHASER: as sole beneficiaries under the trust City of Des Plaines, known as FNBW Bank as trustee under An Illinois home rule corporation Trust Agreement dated October 27, 2003 and known as Trust No. 1528 _______________________________________________ ________________________________________ BY: _______________________________________________ ITS: ____________________________________ _______________________________________________ Exhibit A Page 37 of 37