2007-028ORDINANCE NO. 2007-28
0 04/18/07
An Ordinance Revoking Child Day
Care Home Special Use at 325 Ronnie Drive
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove by Ordinance No. 2006 -49 adopted by the Corporate
Authorities on August 21, 2006 granted to Natalie Kozlov a Special Use designation to operate a child
day care home facility at 325 Ronnie Drive; and
WHEREAS, the Village has reached an Agreement with Natalie Kozlov to discontinue the child
day care home Special Use at 325 Ronnie Drive, which Agreement is attached hereto as Exhibit "A ".
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part
of this Ordinance as if fully set forth herein.
Section 2. The Agreement with Natalie Kozlov attached hereto as Exhibit "A"
( "Agreement ") is hereby approved and the Village Manager is authorized to execute the Agreement on
behalf of the Village.
Section 3. The Special Use for a child day care home facility granted to Natalie Kozlov at
325 Ronnie Drive in the Village of Buffalo Grove by Village Ordinance No. 2006 -49 be and hereby is
revoked as of 6:00 p.m. on Friday, May 18, 2007.
Section 4. The Village Clerk is hereby directed to rescind the Village business license
granted to Natalie Kozlov at 325 Ronnie Drive effective as of 6:00 p.m. on Friday, May 18, 2007.
Section 5. If any section, paragraph, clause or provision of this ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 6. This ordinance shall be effective upon its passage and approval. This ordinance
shall not be codified.
AYES: 5 — Braiman, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 1 - Glover
PASSED: May 7, 2007.
APPROVED: May 7, 2007.
APPRO V
Village President
ATTES
age Clerk
FARZLLC \Buffalo Grove \Day Care \Ord.doc
e
•
BEFORE THE ADMINISTRATIVE HEARING SYSTEM
VILLAGE OF BUFFALO GROVE, ILLINOIS
IN THE MATTER OF
NATALIE KOZLOV
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
NOW COMES the VILLAGE OF BUFFALO GROVE, by and through its
Village Prosecutor, Carolyn V. Metnick, of Raysa & Zimmermann, LLC, and Defendant,
NATALIE KOZLOV, by and through her attorney, Ernest R. Blomquist, III of Massucci,
Blomquist, Brown & Hedrick, and enter into this Settlement Agreement and Mutual
Release ( "Agreement "):
RECITALS
WHEREAS, Natalie Kozlov ( "Kozlov ") was granted a Special Use designation
by the Village of Buffalo Grove ( "Village ") Corporate Authorities on August 21, 2006 to
operate a child day care home facility at 325 Ronnie Drive in accordance with the Village
of Buffalo Grove Municipal Code.
WHEREAS, Kozlov was granted a Village business license for her child day care
home pursuant to the Village of Buffalo Grove Municipal Code.
WHEREAS, Kozlov was also granted a Special Use designation by the Village.
WHEREAS, a certain dispute has arisen between the Village and Kozlov, and the
Village alleges that Kozlov has and continues to maintain and operate her child day care
home in a manner detrimental to the public health, safety, morals, comfort and /or general
welfare.
WHEREAS, the Village alleges that Kozlov has operated and maintained her
child day care home in violation of her business license and Special Use designation.
WHEREAS, on April 12, 2007, the Village served Kozlov with a Violation &
Hearing Notice relating to such allegations.
WHEREAS, the Village and Kozlov now desire to fully settle and compromise
the matter, and as such have reached an agreement.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants
and agreements hereinafter contained, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, it is hereby agreed that:
Kozlov shall permanently close her child day care home facility at 325
Ronnie Drive in the Village of Buffalo Grove, State of Illinois by, 6:00 p.m. on Friday,
May 18, 2007.
2. The Village shall rescind the Village business license granted to Kozlov
for her child day care home facility 325 Ronnie Drive effective as of 6:00 p.m. on Friday,
May 18, 2007.
3. The Village shall revoke the Special Use designation granted to Kozlov
for her child day care home facility at 325 Ronnie Drive in the Village effective as of
6:00 p.m. on Friday, May 18, 2007.
4. The administrative hearing date with respect to this matter has been set for
May 3, 2007 at 1:30 p.m..
5. The May 3, 2007 hearing date in this matter is continued to Wednesday,
May 23, 2007 at 1:30 p.m. in the Conference Room of the Village Police Department,
2
0
located at 46 Raupp Boulevard, Buffalo Grove, Illinois to ensure compliance with this
Agreement.
6. This Agreement is a compromise of disputed claims and does not
constitute an admission of guilt or innocence with respect to Kozlov, nor does the
Agreement constitute any findings of fact or conclusions of law with respect to any of the
allegations pertaining hereto.
7. The parties further agree that, in the event that Kozlov does not
permanently close her home child day care facility at 325 Ronnie Drive in accordance
with this Agreement, Kozlov shall compensate the Village for any costs, expenses and
attorneys' fees incurred in prosecuting this matter after May 18, 2007, whether by refiling
a Violation and Hearing Notice in the Administrative Hearing System and /or seeking
redress and relief from any court of law.
8. If any section, paragraph, clause or provision of this Agreement shall be
held invalid, the invalidity thereof shall not affect any other provision herein.
9. This Agreement may be executed in any number of identical counterparts,
and each such copy such be treated as an original document.
10. Facsimile signatures shall be sufficient for the purposes of executing,
negotiating and finalizing this Agreement.
3
APR- 30 -200T 12 :52PM FROM- MASSUCCI SLOMCLIST 1847- 253 -0574 T -912 ?.006/006 F -389
0
11. The Agraement shall be de=ed to have been executed upon the last day
of execution by the undersign.aci.
AGREED TO.,
1
Carolyn V M*txYic:< Dare Ernest R. Blomgvist, ITT Da
Village ProSVcntar Counsel for Natalie Kozlov
W Lem ca z�7
William I31i= pate
Village Manager
El
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stabs :Kazlav Date"
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04/18/07
ORDINANCE NO. 2007-28
An Ordinance Revoking Child Day
Care Home Special Use at 325 Ronnie Drive
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove by Ordinance No. 2006 -49 adopted by the Corporate
Authorities on August 21, 2006 granted to Natalie Kozlov a Special Use designation to operate a child
day care home facility at 325 Ronnie Drive; and
WHEREAS, the Village has reached an Agreement with Natalie Kozlov to discontinue the child
day care home Special Use at 325 Ronnie Drive, which Agreement is attached hereto as Exhibit "A ".
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part
of this Ordinance as if fully set forth herein.
Section 2. The Agreement with Natalie Kozlov attached hereto as Exhibit "A"
( "Agreement ") is hereby approved and the Village Manager is authorized to execute the Agreement on
behalf of the Village.
Section 3. The Special Use for a child day care home facility granted to Natalie Kozlov at
325 Ronnie Drive in the Village of Buffalo Grove by Village Ordinance No. 2006 -49 be and hereby is
revoked as of 6:00 p.m. on Friday, May 18, 2007.
Section 4. The Village Clerk is hereby directed to rescind the Village business license
granted to Natalie Kozlov at 325 Ronnie Drive effective as of 6:00 p.m. on Friday, May 18, 2007.
Section 5. If any section, paragraph, clause or provision of this ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 6. This ordinance shall be effective upon its passage and approval. This ordinance
shall not be codified.
AYES: 5 — Braiman, Berman, Kahn, Trilling, Rubin
NAPES: 0 - None
ABSENT: 1 - Glover
PASSED: May 7, 2007.
APPROVED: May 7, 2007.
APPROV
Village President
ATTEST:,
age Clerk
FARZLLC \Buffalo Grove \Day Care \Ord.doc