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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 3o -07 stabs :Kazlav Date" f,. Y 40( 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