Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2000-11-20 - Village Board Regular Meeting - Agenda Packet
L./ VILLAGE OF VILLAGE OF 1uffalo BUFFALO GROVE VV Gr°U` Fifty Raupp Blvd. Meeting of the Village of Buffalo Grove Board of Trustees Buffalo Grove,IL 60089-2196 Phone 847-459-2500 Regular Meeting Fax 847-459-0332 November 20, 2000 7:30 PM I. Call to Order II. Pledge of Allegiance Ill. Roll Call IV. Approval of Minutes V. Approval of Warrant Warrant#922 VI. Village President Report A. Senator David Sullivan presents the Village with a $26,000 grant for playground equipment and underlayment as part of the Illinois First Program. (President Hartstein) VII. Reports from the Trustees VIII. Village Manager's Report A. Management Report - October 2000 B. FY2001 Golf Budget Presentation (Trustee Marienthal) C. Village of Buffalo Grove-FY 2000-2001 Six-Month Financial Report (Trustee Marienthal) IX. Special Business A. Presentation on Agenda: Saved By the Belt Awards and Seat Belt Coloring Contest Award Winners B. Recognition: Citizen Fire Academy Graduation C. Public Hearing: Amendment of annexation agreement to allow VoiceStream Wireless to construct a wireless communications tower of 100 feet on the Cotey property, northeast corner of Milwaukee Ave/Estonian Lane (Trustee Berman) X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. Xl. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and • considered after all other Regular Agenda items. (Attached). XII. Ordinances and Resolutions A. Ordinance 2000 - Approving an amendment to the annexation agreement for the Cotey property concerning construction of a wireless communications tower by VoiceStream Wireless, northeast corner of Milwaukee Avenue/Estonian Lane (Trustee Berman) B. Ordinance 2000 - Approving the 17th Amendment to the Buffalo Grove Town Center Planned Unit Development concerning Culver's Restaurant and the Belmont Village assisted living facility (Trustee Berman) C. Ordinance No. 2000- An Ordinance Approving an Agreement with Edward Hines Lumber Co. (Trustee Marienthal) XIII. Old Business XIV. New Business A. Preapplication Conference: Pre-application Conference: Giametta property, 22953-22981 Prairie Road, Prairie View - Request for annexation in the Residential Estate District (Trustee Hendricks) XV. Executive Session A. Personnel XVI. Adjournment: Approximately 10:30 p.m. The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, 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 this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda November 20, 2000 7:30 PM Xl. Ordinances and Resolutions A. Resolution for Agenda: Resolution No. 2000- Adopting the ICMA Retirement Corporation's VantageCare Retiree Health Savings Plan. (Trustee Johnson) RECOMMENDATION: Approve by motion. SUMMARY: Adopts ICMA Retirement Corporation's VantageCare Retiree Health Savings Plan. New Business B. Award of Bid:. Purchase of new computer router/switch (Trustee Marienthal) RECOMMENDATION: Approve by motion. SUMMARY: Planned purchase to update switching equipment in MIS network. C. Acceptance: Acceptance of the FY 1999/2000 Comprehensive Annual Financial Report (Trustee Marienthal) RECOMMENDATION: Approve by motion. SUMMARY: Attached FY 1999-2000 Comprehensive Annual Financial Report was prepared by an independent auditor and follows generally accepted accounting and auditing principals as they apply to governmental enterprise funds. D. Approval of Other: Approval of Prairie Grove Subdivision Initial Acceptance (Trustee Berman) RECOMMENDATION: Approve by motion. SUMMARY: Approval of Prairie Grove Subdivision Initial Acceptance E. Approval of Other: Approval of Prairie Place Subdivision Initial Acceptance (Trustee Berman) RECOMMENDATION: Approve by motion. SUMMARY: Approval of Prairie Place Subdivision Initial Acceptance. F. Acceptance: Acceptance of Warranty Deed for Outlots A, B, C, E, F, G & H in the Mirielle Phase 2 Subdivision: Developer donation by Town and Country Homes (Pinnaces, Corporation) of stormwater management parcels and future road parcels RECOMMENDATION: Approve by motion. SUMMARY: Concerns seven lots to be accepted by the Village from the developer for future streets, stromwater management and bikepaths, and and additional lot that will be conveyed to the Buffalo Grove Park District. G. Approval of Agreement: Approval of Grant Agreement No. 01-124039, between the`Village of Buffalo Grove and the Illinois Department of Commerce &Community Affairs. The grant is for $50,000 for erosion control. (Trustee Marienthal) RECOMMENDATION: Approve by motion. SUM MARY: Approval of Grant Agreement No. 01-124039, between the ` 29)Of B Grove and the Illinois Department of Commerce& Community Affairs. Tait 9 is for$50,000 for erosion control.along the banks and b of° Buffalo Grew as well as improving the aesthetics of the area and quality ofthecreek. The erosion` l reduces the risk of structural failure of the five bn�• I �. Agreement: + itroval of Agreement No. 01-124040, between the. Grant ��t� Buffalo and the Illinois Department of Commerce&Community Affairs The €i is f fc r the assessment and`purchase of 12 document°�nga file server. The legislative sponsor for this Illinois FirstGrat►t is Sens " i O. (Trustee Marienthal) RECOMMENDATION: Approve by motion. vatege of SUMMARY: Approval of Grant Agreement No. 01-124040, between the Buffalo Grove and the Illinois Department of Commerce & Community Affairs_'The grant is for$25,000 for the assessment and purchase of 12 document imaging devices and a file server. The legislative sponsor for this Illinois First Grant is Senator Peterson. I. Approval of Agreement: Approval of Grant Agreement No. 00-127184, between the Village of Buffalo Grove and the Illinois Department of Commerce &Community Afielis. The grant is for $50,000 for an enhanced wireless communication networ(. The legisl re sponsor for this Illinois First Grant`is Representative Mathias. (Tn tee Mar #hal) RE O( I DATION: Approve by motion. SUMMARY: Approval of Grant Agreement No. 00'127184, between the he Btilo Grove and the Illinois Department of Commerce & Community Affairs. The gent is for$50,000 for an enhanced wireless communication network. The dative sponsor for this Illinois' First Grant is Representative Mathias. old amino* None VILLAGE '"A`'` OF Village Board Meeting Agenda Item IX-B uffnlo U '1' Monday,November 20,2000 Citizen Fire Academy Graduation Agenda Section: Special Business Order In Section: B Type of Item: Recognition Department: Fire Requested By: Thomas C Allenspach Prepared By: Thomas C Allenspach Trustee Liaison: None Additional Documentation: Other Agenda Items: Overview Congratulations to the following members of the the fifth Citizen Fire Academy class who will receive their certificates of graduation: 1. BARRY CHERNY 2. LAUREN CHERNY 3. BILL BRIMM 4. WILLIAM DE SHON 5. CAROL ANN GAC 6. KATHIE GAC 7. KATHLEEN JAMISON 8. STEVE LIEBER 9. ART MALINOWSKI 10. BERNARD MARGOLIS 11. ALLAN MAYER 12. STACY ROSEN 13. DEREK SENDER 14. RONALD THORESEN 15. MARK WEIL 16. PAMELA WEINER Meeting of the Village of Buffalo Grove Board of Trustees Regular Meeting November 20, 2000 7:30 PM I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Approval of Minutes V. Approval of Warrant VI. Village President Report VII. Reports from the Trustees Vill. Village Manager's Report IX. Special Business X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. XI. Consent Agenda None XII. Ordinances and Resolutions XIII. Old Business XIV. New Business XV. Executive Session XVI. Adjournment: Approximately 10.30 p.m. The Village Board will make every effort to accommodate all items on the agenda by 10.30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10.30 p.m. The Village of Buffalo Grove, 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 this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda November 20, 2000 7:30 PM XI. Ordinances and Resolutions None New Business None Old Business None Board Agenda Item Submittal VI-A Requested By: Ghida Sahyouni Entered By: Ghida Sahyouni Agenda Item Title: Senator David Sullivan presents the Village with a$26,000 grant for playground equipment and underlayment as part of the Illinois First Program. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/15/2000 11/20/2000 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Senator David Sullivan is the legislative sponsor for a $26,000 grant that was issued to Buffalo Grove. The Illinois First funds will assist the Buffalo Grove Park District to pay for development and new playground equipment. The new park is being constructed at Mill Creek Park, adjacent to the Jacob Duman Jewish Community Center, off Arlington Heights Road, south of Dundee Road. Thank you Senator Sullivan! Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal VIII-A Requested By: William R. Balling Entered By: Eileen F Marsh Agenda Item Title: Management Report-October 2000 Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/16/2000 11/20/2000 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. MANAGEMENT REPORT #226 Second Quarter— October, 2000 1. Cash&Investment Portfolio - October, 2000 2. Real Estate Transfer Tax Activity—N/A* 3. Sales Tax Collections—N/A* 4. Golf Course Operating Statistics— October, 2000 5. Corporate Fund Revenue Analysis— October, 2000 6. Water Fund Revenue Analysis—October, 2000 7. Income Tax Proceeds—N/A* *These reports are unavailable as we are in the process of implementing a new graphics software program. This will be completed by next month's report. 8. Public Safety Report A. E.S.D.A. Monthly Activities —October, 2000 B. Fire Department Activities—October, 2000 C. Police Department Activities—October, 2000 9. Public Works Monthly Activity— October, 2000 A. Monthly Pumpage Report B. Central Garage Fleet Cost Detail 10. Community Development Report A. Compilation of Permit Activity— October, 2000 B. Certificates of Occupancy—October, 2000 C. Public Safety Activity Report—October, 2000 D. Public Utilities Construction Report— October, 2000 WILLIAM R. BALLING Village Manager Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Ij mgtl 120.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: aE ag * e Z M CV7 c7 N coc N N C�O r O O w O W N 0 V, m n WD n 0 U CM N 0 0 0 ; S N M� m C00 Q 0 n w � t` I-- -WLO r r n r a n a O O N O Cl) m N n 0 O CO N O� CO O CO O V. V f- n 00 Cl) O U? (7 W -w cV ` 0) G 0 1- m O CV C Z 0 N Cn+i - r - Lq V: Q. V: m a LX N m CO N N M Cl) N - A r N lQL O m M N N H O O O CDp O CD O 0 0 0 0 O O O O O O O O O O O O O O O w (�' CDo o O CD O O f0 O o o o O F O M O S O n M LD O O O CD W Z ID N O n 0 r M 17t C QQ' c+0f n co0 M N N M m N S Lo O LLz C�pp C. 0 SO m N O M m r M ID 01 r Or M m OOO Lo COD Ccn S CO O O �} O N N O U) n m 0) N 0 0) Q rCD Ol M N O M n In m 0) CO v< m r M n M O P't m m V: CD Z N N CD N M CO N co 1n Cl) CD m Cl) p 0 m m m 0) M O Cl) O) 1n M 0 LL F 0) O Of r M V: 0) m CM CD CV V) co M N O r O N N n N m V m O O O tD M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w U� OR M Of 0 0 0 V' O CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F- 7 r- CD In CND 00) 0 O O A m M co O S o O (D C. S S O S pp S 0 O S O S S W �n�pp m m V' O S S h N n O O O O O O O S O O O O S O S �D O W Y cn 0)S W S M et N_ N r N O S O p p O O O O O O O CO 0) O O O O S O O S O O O O CD LLl) aQ O N Cl) r r r r m m W 1n Lj r Cn7 m U? COO 007 O O O V' O COD. O O S S O S S 0 0 0 0 0 0 0 0 0 0 W m n n o N n m COo v o �o o S S o o o $ S S o 0 o S o g S ¢ N Of Cli M CO N CD N O fD CO m N an O V' O Of O C7 O O CD CD O O O O O CD O O m 0) Y Se� CO m 0 co O M G Of ID M N ID n n O O O O O O O O O O O O O O m m C7 0 0 � M V: m n M r CO r N r M CV r r r r r r r r r r r r r r r r M U Q' M M N N M O r N M w N N n � pp q O O O Q O COO. O O O O O S S S S S S S S S S O O r } N 0) L O O Cl) CO n 0 0 0 0 0 0 0 0 0 0 0 CD O O co O O w _ st O O O n N n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m ID O m N Ln O V• O Gf O O O O O o 0 0 C. 0 0 o O m Of J H COO M O N N n M N O S 0 0 0 0 0 0 0 0 0 0 0 0 m m r N CM r r r r r r r r r r r r r r r r r U O M O O p W) M O O O O O O O O O O p 0 0 0 0 0 0 0 O < O O O V' O m O O O O O O O O O O O O O O O pO O d S S S S v M O S S S S S S S S S S S S S S S S S z W O r O O O n N n 0 0 0 0 0 0 0 0 0 Sc 0 0 0q 10 O O CM N MC; V' C 0 0 0 a CD O O a o d CS O O O m 0 V' _ O M tf N_ N n M N Cl) N O O O O O O O O O O O O O O m m Qr Or r r r r r r r r r r r r r r r r D C}L ~ O ~ O O CO O O 07 10 O O O on M In If) In M 0 0 0 1() O LLn WI"' m O m O M O1 10 It Cl) V m V' N M IO O S n n n n n m V M V• It 40 Wo M CY U N m 4'> 9) to m co m m n m m m m m to m m m to m m m (D to m m It w U ~ 0 0 o O 0 0 00 0 0 0 0 0 0 F- w Z Z Z Z Q Q Q Q £' Q Q Q Q Q Q W W W w o 0) m m Vo M n n n m m o M n m m o Qo 0000 � g � CM r r r rrrrrr CD 8 J W H O O ? W F F Z LL H Z LL Z w wIL LL 2- W U w Y W W U ? > 5W � � } � � � � mm < z 000U) � 0 tnW) ZZdd8 ~ � tnOW zO OOw mZ zQ ZY 000 � U) ZO > O m �!W? a w > O d Z Y Z Y Y Q 4 Y m ZY co Q LL LL L > 0 = z W O W f= I Z W O a a LL LL a Y Y 0 m to Y » j w Z o Z_ LL U) c/Q�� Z LL m }m co 13?7 w ZQ w ZLU } 00 m CO Z o � J Q Z W m W _3 Cl) F_ Y Y Z m Y Y C�co) co¢ m z w U W U U U W t- Z F- Y W Y W w �- = Q Dm -Z z � 2 co ZzZ z¢ i-- flQ�� 0 ui z w2cn � z Scnz " z0 in ►— w co C13 LL O } Q W > Q ¢J� V W Q Q W Q' > U Z Z Z f/I CO O c�ui J J fn �j m W O LL � LL c�� J J J W C7 � Q = tQ- w - ct a V=SFw � � oOo � � W � O� Q cpti `g � Uz � zZtOn � JQc��i C cn to W W uj C7 to Q Q Q Q O S M U J J w > U OU V J J w U Z Z Z 2 m d W LL W H m W m LL m Q 3 g g 0 0 0 0 0 0 0 �3�ppR 2e 0 0 0 0 0 0 0 0 0 O N O N 9 O M r• )C) N O cq S c. r Ci r Cl) C M co b m O M N v Co n 0) O C n O C Co Cl) g CD CD N V) (o < n CD N O aO n n O Cl) O O O O N N co Co C) (D M N - to n N O O Cn co CO Go O Y V' Cl-! O N M (D U7 n M -: 0 0 C 0) C C O O N CV n n G OD w N Co N N AD n Co M M CD .�- V O) co s n Cl) O M t0 N OO r N N C+) Cl c7 O) h <O M to N ac O (coo n n m m cn v I-- Cl) CN L0 O O O o C. 0 C. 0 0 0 0 0 0 0 0 0 0 Co 0 Co 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 00 0 o c $ 0 0 0 0 o g o 0 0 0 0 0 0 0 M to N O N 0 c M Co O O Cn Cl) An a0 O O O CM ac O O O O a M �Op O N N M O M n S M W) O O •= •- n S co Ln LC) Co aO rn n Lo co Cl) O N N O) O 0 O N O N N co S co rn n N O Ci CD n V Y CD cq < N N C� 0) O CO lD M M M O n L0 M 00 Cl) N CO w Cl) n Cn N O C'7 M 00 Cl) M O N n 0) Cp M n N O) CO C? n Lq 0) V_ O CM N O V_ N O CNp OD 0) aO Of U.) CD CO t0 W) N n fh S V' M O O N CO 0) S M M O) O T) O) 1n <O N 03 n O Cl) M GC) O N N W O O O C. O O O O O O O O O O N S O O N CM CM N O O n OD It It O O O o 0 0 0 0 0 S 0 0 O Cn O N 0 0 0) N n C. (D M Cl) M 0 0 0 0 0 C 0 O C. (D O C. C� Ih LL') M M N I- OO O n u� O Cl) O Cl) M 0 0 0 0 0 0 0 (D 0 0 0 0 O) Cl) n 0) CA n Cn M CA O (o rl� M O) O CM in 0 0 0 0 0 0 0 0 0 0 0 0 N a0 N 0) Ob O CD N )C) CO CD co N r Cl) O O O C7 0 0 0 a O O C, O a0 Cl) N Y N doCMl) CC3 M S O) 0 0 0 0 0 O M O 0 0 0 0 l� N O M N O Cn Co 0) N N O) O O O O O O C. O O O O O 0 0 N CD O N N to O N O O n O0 tt V' O O O O O O O O S O 0 0 O Cn O N 0 0 M O (D O N n O Co M m C7 O O O O O O O O O O O O n N In m M N M O) CO n In O M com M O O 0 0 0 0 0 0 0 0 0 O O 1- 0) in n f+) Cn h 0 M n M O) O M M O O S O C C 0 0 0 0 0 Ct N CA ao W h M An M ap N n Cl) O O O O O O O pp CO )f) Cl) N N � N Cl) 0) 0) V S O S S S o M 0 0 0 0 0 0) N Or cli � O O O O O O O O O O O O O C. O O O O O O O 0 0 0 0 0 0 0 S 0 0 0 0 O O SSSS 00000000 0 0 0 0000 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P� n 0) c , ' ! o 0 0 0 0 C. 0 $ 0 0 0 00 0 O O O O O O an O O O O M N N M O N0 M Q O O O O O O O C. O O O C. O O Lo O O O O O O pO O O O O O O M cco S N S 0 O 0 0 0 O a a S a a S m CD Ih I C�Cpp ` O O S O O O O O O O O O N W ` N 0 CN M I I i 0 S O S S S S S S S S S o N I i 000 o Oa� aQ 0ae000o ae00000 00 00 00 M N CD O) O m O co CD aQ O O o 0 C. 0 m 0 0 0 0 0 O 0 O w O IQ In (D CO CO O M O M O M UY Cn O Cn 10 N W In In O Iq Cn )n M O VM O va kD U*) Ul) Lo fV (D N Co CV (o U') w w w w w C` w w w w w w (D (D CV (o CV CD °) z z z z z z z g Q g g Q g Q Q Q Q z z z z �nZ W w w W w W W OoaoM oaown (Doo n0 W W W w � ozz as as an. a � g as a. a. � 0 00 00 000 � ogo � ooS o0 00 00 (n gu, S � $ $ � $ � a a O a a a Z � Z � ad Z ? aa. � cw� Z Z C0 Z_ uj U) Z CO) Y Y w w Z w NN Z_ U U) Z_ W W w w Q( Q O z > ❑ ❑Z > ❑Z > ❑Z F- > F Y U Z (n s ❑ IX Ir � _ _ _ w z 0 W m F zd J w 0 0 0 a ¢ C) O a u� z¢ z¢ 0 0 w a Z31 FFx- F (.? � U Cb mow ❑ z � V0Y � ww � � w Ixq w aw, 9 » > J X F DZLL 5Uco >- ZYmwww S x D a S } } as} F Q to co WU U Q F �U (� le Y Y 4 ❑ m } O O la- U u) C9 U 7 W W W 0 H U' O U' 'r Q 0 U' W M Z W zz,� 33 J J Q w Q IL O w (� Q ug � � 0o L=u a5 � 0 � 5u � awwwW " `nl}zl}. w °du�5u� q� � � o 55 � a 55 , 0 w > > > z U. z a Q Z a O LL J JQ J J g = o ❑ ❑ x MEMO u+ o Q z W z W Fw.. z Z Z Z LL a' 2 1a LL Q� (Q 2 Fa- LL 2 ta- w � (/jQQ �>> Qy7�j O O Y Ix 2 ❑ ❑ LL co) 2 1- LL CO) x F LL D Cl) Q (� J J v 7 U ? m a a m W W j LL LL w U J Q U ag 0 o aR aR aR e n 0 0 O sF O Y a CD H M O I N O O co0 0 P- (14 O LO r r to ORM O aN0 O aN0 CO CD � O � to 0 O O CO CO to CD r N O O CO Oct M CO N N Cm CO O O O Cl O O Cl O O O CO O O O O O O O 0 0 0 O O O O O O O O O O O O N O N O O V: O CM CM M Ul) CD N N r N N tO aOD. N r S r N C O CCn COO O O O O CO m M p tD PlIt act rn rn to o t0LO Go CO N t00 sF M m N M CO n M a t0 r r pp �Npp N �j r O N cp0. COO, r � COp O OND. a0 COD. O N N Y m 0 0 0 n In N O . N . �LO q O a00 to O O O N tO O M N tD C h 0 T W 01 Qf O N tO N sr tO to 2 CO N m W O to tO tD tO M O O M � LL) r O m CO w O M O M w N r N a0 Mr CO aD M N Ol O r t0 CO r act tO O r N tD N tD O CO M Cp CO tCf r O O tO tD CO O �Cf M R N w M M CO CO CO aO Cp M CO N N Cl n O CO CO p� �Oy> 1� CO Y �O N N O N N t.- O 1-- m r d' f0 f` t0 (� V' tO eh H' O fV fV N M O O O O O W CO a0 V � N.. � M r r N N N N N tO (V fV N N N N aO r CO r N N r M M 1� r r N t0 to O v w w M t0 tO Cl N w O O O O O CO r r- r O O O O O to O to O C. O O t0 O N tO f-: O M (0 m r- 0 t0 O CO Co 0f 0n er 0) O1 O CO CO t0 W? U� W 10 O N O N to to t0 O N M O CO O O N v M M M CV A G N N to tO to C r r-- r r- 1`- r r O CO �O CO N N N O N to O M M W t0 r r O OD tO tO O O C. r- I.- r n Q a a O 07 — N lO M ch M N a0 10 r CO a0 r CO CO CO O r N CO N Y tO U) tO V O O O O r r CO r IO I� IO tO CO M tD M t0 CO w M M N 0) 0) et CDO/ C7 to tO w M M m M N u) O M C. O O O W) t0 N CO r er t0 r r CO CO Q N 'w st O M M M N N N N 'MO N O N O CD N N N N N tO N N N N N N NOD r w r N N N sf M r r N pp p tD M M O N C) CO O O g O O C O C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O r CI m O tD CO O O O C. O1 M N CD O O O O O O C O O O O O O O O C O O O O O O IntoroMC 0000 00opo0opoC C C C 0 C $ o m O r N Oct a0 O O O O O O O O C O O O p O O O O O O G O O O I I i i 1 I I � m CO � CCOOr $ SONSOS O tIn tIn to 0 -0In Op N O N Ln W) b O O $ r O N N N N N tO N N N N N N N O r tO r N N N to to N r r p O O O C. O O O O O CO, O CO O 0 0 0 0 0 0 0 tO O tO O O O•O 0 0 O O O O O O O tO 10 O tO to to O to O M tO 10 O O N Orl.: O O M 0 0 0 O CO C O CO O O CV CV N h 0 0 r to n r r to O O m 1D C tV C C C C. 0 0 0 0 0 N N M M Of 1` N O r G N tO N tO N W tD O OD M V O tO tO O tO O s[ N tO to CO 00 w tO M C. 1� et N O r M m M O M ac CD O I I i I i i I NCNO CNO 89to M O/ COO O O � t0 m P s a a V r tD OD 00 � M M N N sF tO tO tO N M M ` M N W) o� 3E 3� 3e 3e 2e 3E 1' 34 3E ee 3e 3e 3E 3Q 3E 3Q 3e 3E 2E 3Q 3E 3e oe 3e 3E be ue 3E � O tp O O O CO tD tO tq O M W O tO CO CO N t0 tD M V' Op t0 O 1� � CO f-- In M O O O M tO O) O M r 0 M Ol it CO et N 0 � O tO N t0 CV M N w t0 I I I I I I w r Ul) w tO O n r r r r w tO n n O r w an u) r` tO w O O O O N N N N N M M CM MM M CM et z z z z z z z z z z z z z Q g Q Q Q Q Q Q Q Q Q Q Q Q ww ww wwwwwwwww tOtOtnatp tOtOtnt� tt> tntntnaat0 0 000 as as TT0- mT Laaa „: ZZ 00 00 O O O O O O O O O r r r .- o - r r r r r r r r r - - - r r r r °d 8z w z g w ~ W z d W (* z Y v~i w cocoa 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL � Z z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z CO000000 z z z V' LL z o W m m m m m m m m CO m m m CO OO m CO m m m m CO �' Zo w Wcn o - 0z � w>- >- } } } } } } } } } } } } } } } } } } } } q) z W O I_ z W LL LL Z ~ > > > » > j 7 > » 7 7 CO (D7 » > > j » CO P: v zxXQ z w mv1 Z z Z w P P P z � � � � Q F } } a Z H Z O V- O w } z Z Z Z z } Z Z Z Z z Z Z Z z z Z z z Z Z z w p w ¢ p 0C�7 0z W S, a > a a2aaD0a0aaaammmam0amm0a0a0am 0 Z m If U Z Z D CO to Z m 2 D o m 0. _ > > > > > > > > m D D D D D > > > > > > 7 w w 55 � � o WgLU W ! � 0 6000002000 � 0000000000000 m LL CO t/i� WF- LL w �OL) x IQ- m ") o 6 �ZZ O % Fes" ~ CO00000000000000000 U J w U < ? 0 0 a 0 ; w N N N N N N N N N N N N N N N N N N N N N N aE M o Cl) a r co v N 0) 1n ri n V 1n Cl) n M (O O aO O N M M V) v co O a0 N r <c r aO N N O O O O O O O O O O O V O Vi (O (D —n Go O N co .� O co Ci (D n Q C I co Cl)O N O aro co M O ap N M n < W � 0 0 (Q m r W N W tD N t0 �'f N Of (O 0) O Y O Lf 0) O d' O 00 O O •7 O co O O O O CD (D .0 O O O n aD O w N a N 0 fD it a� M Gf M t0 n n Cf O n M M O1 O t0 N N aD O N O O O O O O O O O O to O a0 O O C f7 W O n 00 W M V (9 N M v C7 1n tC 1- C O m fV M 1� O G O C C O O O co C C (0 O N O N O (0 O O a0 n O N m 0 0 0) O aO 8 N M n M aa to ao M N O O O O G O O O O O O ao atl M L M r Of aD n m I c0 W O N Y '? O N aD 0 0 (M - R O O O W O> O O Op Op Op Op Op Op Oo O O aD (D a0 M w r W aD W N O ap m M m r M W t0 M W W n N M N Iq CO N 8 0 0 0 0 0 0 0 0 0 aD r N If- m O r a0 O O tD N O M n O m N CO C. O (M i n n N (O T M M M M N N O N N O C' n — r- .- .- - - 1n N 0 0 0 n 0 1n n r $ 1C $ 00 OO O O M M � � VO,' 0 0 0 Kq 0 0 -7 O N 0 0 0 0 0 0 0 0 0 0 N aD O 1n in Of r n CO aO ee�� pppp 0p n M pt aac Lq .rp M oo I V N N M M M M O O a O O O N w •' N O 0 0 0 0 0 0 0 0 0 0 O N ao n n cM a0 ..pp a0 M M M M ��pp aD CO N �p m r N M N It ao N 0 0 0 0 0 0 0 0 0 0 a N O M O I co M O (O (O M Cl) Cl) M Of '7 N N W W t0 N a0 O O O O O O O O O O O N n W V N N — N N n M M M M N N N O N (V O M n Cl) r' O O O O O O O O O O O O O pp O O O O O O O O O O O O co O O p O O O O O O O O O 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 (O N N a0 O O O O O O O O O O 0 C 0 0 0 C O O 0 O O O O O O O O O C. O O O C. O O C O wa N M O co O C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 C 0 C 0 0 0 0 0 0 0 0 0 0 0 C � 0 0 0 O O O O p O C. p O C. O O O O C. O O O M M O O O O C. O O O O pp O p O O O O 'D O n N M N I I I O O O O O O O O O O Cl 10 O Cl p O N N O O O O O O O O O C 0 1n 0 0 C O N O O N N M N N N O N N O O O O O N N O O O O O O r' r' M r' O O O O O O O O O O O O O O O O O O O O O O O O O O W N r N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1n 0 0 to 0 0 Ln O O O O O O 1n O O O O O O O O N O n 0 0 0 0 0 0 0 0 0 0 O O O O N r 0 m r O O r O 0 0 0 0 0 n (n O O O O O O M N w O O O O C 0 O o 0 0 sr O M M CO O N N N n tf(11 O V M O O O N 0 r M O N O O O O O O O O O O a0 1� 1l'1 Of Y 1n (0 L N 1n O O N W V: m O ap �f Iq N h (�1 O O O O C O O O O i I I O S O O O O Q 8 O O N n ^ W W O n M N M MOM M N N N N 1� N N toN M O O O G� C� O O ccM�� — O O o` a� N ae o o ae ae a� a� a� oe ae oe ae a4 ae ae ae a° a� ae a� aE aE aE aQ ae aE aE 0 ae ae Q g 0 aE a' IM N ao O N O N W r 1n M n r m n M Q W pp O O O O O O (D aapp O O O O O O O pp O n W V' t0 to m W O � aD � .- a0 W W I (D O W N M O M (O O O O O N N O O Y O (C 1� w v w r r` M w 10 (0 w 1n v 0 m w 1n all m w w w (0 w w co W Q ao N w 1n m (C (O ao n tp r tD aD m 1n 10 1n 1n 1n 1n 1n 1n r r r n n r W W W W W W W (o m r r o 0 0 0 C. � � Q Q " Q 8 Q Q Q Q Q Q Q 8 Q Z Z Z 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 1n 12 1n 1n O O 1n — — — in 1n W W W 1_n o J F- ❑ w d F- LL Z W~ Z Z Z Z Z Z Z Z Z Z ZZ Z Z Z Z Z Z Z Z Z Z Z Z Z > F 0 0 0 0 0 0 0 000220000002 00200 ? m m m m m m m m m m m m m m m m m m m m m } } } } } } } } } } } } } } } } } } } } } } } } } } H ZZ Z Y vOicOn » » » » » » � » � � » > » » = WzoO i < 2Z mmz k O a m m m 0 twx ~ m Y F- F F- F- F- F- F- F- F• F F- F- F F- F- F F- F F- F- F- F- F F- F- F- w w t❑� Z LL Z Z Z g F- F- Ir = m Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z O O O O X F x F � W a } m o o o - ❑ U W Oo000000000 00 � 000o LLIY > > > > > > 7 > > > > > 0 0 > > > > > j > > j j d j co m O Q Z (n F Z Z Z aQ�a F YYj YZ O m 000000000000000000000000 0 0- C a a ❑ m Q W �i U J J J = J U U U U U U U U U U U U U U U U U U U U U U v U U U Z z F O u J m m 000000000000000wwwwwwwwww00000000000 � � � � t=i a = � � F= � � QY _ _ Wwwwww � w N N N N N N N N N N N N N N N N N N N N N N N NxffizzzzN U' U C7 C7 d' Q J W W a pp ... g (� W m U _ U LL cn S e N �Mp r i i n M i i � Cr7 l0 O M IT O V' S r r N c0 O N co O CD N N cm r GOD cM O M N m N N co O O S S S S O O O M Go C O co S S cm m N O O Co A M O cn O N r 0 tOD N N r a0 r r C v co n of co O r r N co O O O O r c0 N r M O M CQ cocQ S S S M co m W) r- N v r n or r N N coN cN0 GA S S r M N M M r . pp 0 0 0 0 w M O M O M O O r O N co CD, m W O O O O O N r O c0 N 0 0 to . c0 r O M r 40 N M N c'M � 0) r rn V; O O O r r C CDC O C vm c- m w O O O O M M C Ln t- fV O! r O W W W LO CM M _N M co N �lY O O o 0 0 r r N m D) M O CDv M O N O m I-- O) O N M M r r w vw W M r co O O O O O O h c0 N h !? O Ln O O N N c0 O c0 N r N O M c0 � � M cD — a0 0 m GD c'7 O O O O O r ' a � V' O M O O O M c0 M w N M M M M M n M c0 N O O M N m S S � O O M M M r v r r r O r M N m v m O M v O O a0 C w V' O v N N N V' v W N — N M M R � N v M N N — co — h O O O O O w co v c0 O M M O O T O O O 0 O r M O cp C. O M Ln w N Y O c0 N Q O O O O O N r C c0 N r O O I N c0 O r V' c0 O I-� V M <O N O GD <O U1 01 r O r 1� r C C C C C V' M r O GD GO C M V 't G M M C Y C r co r �_ _M M'& O N r cV M co cV M O O O O O r r N M O M 0 r- co r N M O V' M W N N N -M r N V' N M M N 0) m O r O O O O O r cD N r M O M M c O r M GD - N M O c0 � to M O M c M r r W 40� M c0 GD M M O O O O O r N $ � ; n m M NN N O O .p m N N c0 Pt 10 O M U, N co O Y S 8 S A O� M M O O M M M r — O� V' cM e'7 r- aD N W M M CO r - � N m GD r N N N N M � N N M 9 N N t� N �" M � r O O O O O O M V' O O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O p O O O pp O N r N� O c0 N O O O O O O O O O O O pp Oo O O Op O O O O . op. O O p aopp O O O S O r O N M O in S O O O S O 0 0 0 0 0 0 $ O S O S O 0 0 0 0 0 0 O O S O O r N rnV O O O M O O M N O O O GDOSOV GO 0 O r o rr MMOMMMCD, M M cotoO N N v N V NMrM w M C. O O O O O O O O O o 0 O o r GD 8 r0 n 00 S O �O S O NO .0 00 c0 c0 S S M S O c. M o O N O o 0 0 0 0 0 0 0 c0 o m N �Op e� G pp?� cc pp o C a C O O C C � � � � O S cof S O N S 1 GND � f N m r S S W N S 0 0 0 O O O O O O O O �p O O O O O O O O � GD c0 (O m O O m Oa N m O GO r � M m M M N co N m S aD m O O O O O O O O O w GO co co M O z G 8 m c0 -0 m N o r OD CD Of N co c0 c0 GD cn r O O GD M M O M V' O O 'm V' co O/ v M O c0 0) O� O) � f0 GD r M N N M V' V' V' N M N N N N � a� a� aa aeaeaaEo a ae � aa� a� a� a� a� a� aEa� a� aEaEa� o � a o co O M 0 0 0 O O O M O M c0 M M r O M M O! O O M c0 GO N O M M O m O co M M O O O GD O M c0 r- N c0 GD N M M 0) O GD V V' O M O M O M GD O r GG a0 i i i i i i i cD aD c0 cD c0 cD c0 r M M m M M M w w M w M M w w M cl cm CD N O O M O et M r r aD a0 O) aD Ol 0� Of O O N V' M m m m r r M M g ggzzzzzzz gggg � � eQ � gQ •- zz zz rn � M m w w w W W W W Of O M M 0) M M M M � off a in �n p LU w w w z;s — mz:: ,,, 0000000 � � oin � m rn � � � � � � c� � � � •'- A � � m 00 00 O — O — O oo .- o — o .- o .- � � � � .- � o � � � •- o � oo z 0 F O Cl) [I w a w �- 5 = as aaa-� aa F- z � z z O 0 0 0 0 0 0 0 0 0 0 0 o z 0 o z z � z O UV V UUzzzzzzzw ZZtn cnw � � F. LLD 00 000000O ((/n� 00 � z mz cn Y Y Y LL Z (� W W w W W m m m m m m m a m m Q Q ZZ ZZ 0 Cl) 0 Q0Q ¢0 0a Q0 } } } } } } } W } } } W } W O !/j > m > Z a Q C� = w Z Z W 0 U �i �i �e 0' d d' d d d' LL t7 !- UQQ' i- Uaa' z0 Z ZQ z m m m I � j U- LL �- F" F h- F F- F Y 0 W w F- w Z Q W Z Z w W ] Z Z F F F F f- F 1- g » F F > > Q D 7 } m w w w 0 Y > Q Q F H Q Q Q Z Z Z z Z Z Z Q Q Z Z Q Q m � m W W 5 z �d W = ? O O Z Z W O O O a a a a a a z W W a a z W W z 0 � O w ~O C,) 6 z z 0 a W m Z W W } } J W W W » » » > O J J > > O J J o ►- a Z F Z Z W LL WLL % a. CL � LLz� m y� mmwm � Mgm0000000 � � � oo � � � � o s o � 5 5 ZQ YZ 0 0 0 0 ! w o � z Q w m m 2 E OODDz = _ M 0 0 0 O W O O O z 0000000000 z z O O z z z z � `� a p a d m � W W m 0 � _ O W W � � W W W W N N N N N N N W FW- W N N W W FW- W LL 8 Q LL F Q ) U' li n U' J m H co V J � V =� a� ae M 0� N C, N to M f• co O O co O O O ! O O Co O N CO O O Cfl O CA O 'n M 0 M v v r O 0 v 0 r- 1- v 0 V O O O Q 00f C? N N O N O O co fro Nco a p � CO N Cl) G m O Co Cl- Lo d. O m N C` O Cn 1n LQ V C v C E O N N M M N .- N C7 O C) O O O O O O O O C) C. Co O O O 0 0 O O O O O O O O O O O O O 0 O O O O p0 O W) 0 O O C'( p O O O O O O Cl Cl O O O u j Lc) 0) Co CO a 0 D CO � N Nco Co N N O N C7 MLO 7 0 0) O in f• aD M C, Cl) C` O r- CO N aD N O O 0> CO CO O O to N O O O Of N O O O w Co Co C- Oni O O r V Co V O CCl b � M to CM M C7 W N M N O I- coo 0 Lo M N O Cl) n r r e- act C7 C7 O in °° Co v n Lo LO O o 0 0 o 0 o 0 0 o C. M o 0 C. r Cn o o N O O O O O O O O O O O O N O O O to m O O N Ol a0 N O C, O O C 0 0 0 0 0 0 O O O CV O C CD Co r CO O C, C) C. O C. C, O C, O O M O O CA Of O O n O O O O O O O O O O O O O O O O M O M M O M O O O p p p O G m O r CO N G O co co N O Co 8 N CO CO O O O O O Y 0 0 N ^ r O M C b aq O O O O O O O O O O O N O O O Of Co S N 0! fo N O O O O O co N O O O O O C O O O O C O G O CV O O CD aD N Co O O O O O O O O O O O Cl) 0 0 0) 0) O O rI N Of O O O O O O O O O O O O O O O V CM O O O Co 0 0 0 O O 0 O 0 O O O r O N O O CO O O N O ODM N 0 0 0 0 0 0 0 0 w N n CM M M r- .- r- 00 M •- r O O O O O O O O O O O O CA O O O O N O O O O O O O O O O O N O O O O Go O O C, 0 0 0 0 C O O C O O O O r 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 O W O O CCCCC aLOpopoaQC. C, pcp - i i i a ! E N O aOD 8 N 0 O 0 0 0 O O Y O o O O O O O C. O O O O O O O O O O G O O O O O O O O O O O O N O O O O O CD O G O O C O 8 C7 O O C C7 C O 0 0000000 00 t+� 00 c QC 0 0 C 0 0 0 O O o O o 0 o q o O CC) O 40 O O O O O O O M C, r ! ! c ! t 0 ' O 110 Cm N 0 p 0 0 0 0 0 V O O aEae aeaea' a� aEaEI. aeaEaeaaeaeaE o a aEo nao 000oo0tototoin OooiO aCo co 0 0Co rn W� n v v V o O r i- � r r m W� Co o Co m V o co to CC) Co CD CO Co r CO Co Co CO Co Co Co CO CO CV CD CO CO N Co O O O O O O !C z z o o g o 0 0 o g o 0 o g o z Z z g z z ul w �O u� �o o aD r n r m �n c� d d a o d d 00 � a � a � � aa � � C� OO O a OO oOoo — .- « — ccO o (1) g � g $ U) z w a W a w a W o Z z Z f- LLL w W) w NW w �y W (W H Y Z > H > H > F > Z O Z V) Z W Z N Z C~q W fA Z ZYZ Z YZ Z Z Z F za' J Z Q Z w W Z O Y a co Y Y m LL _ Ix a Y a > O d YZZ Y Z YZ m m Y ZQ ZQ t' Z m m Z Z zY m GD G� U 1 0 0 Ix 0 �jj CC a m T O j V O Om � � 00 0 CO) Coco >- z ¢ �uU F 0 Om � � p w U U U Q a Y W Y r Z 3 a 0 0 0 0 w U 0 0 0 0 p aU o zz 7dco5000 z ►- ra z F- a w Q LL M Z Z Z J J m N `2 W OU Z < F Z �W.. LL Z W Z Z � W WcrQ ¢ Q g0 <co TTLZT (6w LL LLQ � LL ZCOWZLL 0QU) (D J 2 V LL Z Z Z LLll ll1lJJ m V J U J V a V J VILLAGE OF BUFFALO GROVE 11/05w BUFFALO GROVE GOLF CLUB OPERATING STATISTICS THROUGH NOVEMBER 30,2000 FISCAL PAID ROUNDS THRU PERCENT OF FINAL REVENUE FINAL EXPENSE EXPENSE PER YEAR ROUNDS SEPT.30 ANNUAL ROUNDS REVENUE PER ROUND EXPENSE PER ROUND RND-OPERATING 1978 35,096 32,271 0.9195 341,798.00 9.74 338,437.00 9.64 7.11 1979 38,122 35,186 0.9230 396,243.00 10.13 360,100.00 9.45 7.03 1980 39,076 35,938 0.9197 428,105.00 10.96 394,800.00 10.10 7.85 1981 41,846 38,486 0.9197 475,323.00 11.36 446,747.00 10.68 8.67 1982 44,217 40,392 0.9135 515,686.00 11.66 502,614.00 11.37 9.22 1983 44,798 41,429 0.9248 550,022.00 12.28 535,267.00 11.95 9.76 1984 43,651 40,036 0.9172 623,882.00 14.29 573,588.00 13.14 10.24 im 49,231 45,866 0.9316 667,638.00 13.56 620,488.00 12.60 10.15 1986 47,148 43,779 0.9285 691,839.00 14.67 626,068.00 13.28 10.83 1987 48,315 44,281 0.9165 761,359.00 15.76 781,452.00 16.17 12.29 1988 47,861 43,748 0.9141 809,857.00 16.92 842,208.00 17.60 14.08 1989 50,781 46,097 0.9078 954,771.00 18.80 951,289.00 18.73 15.19 1990 49,988 44,398 0.8882 950,456.00 19.01 1,031,744.00 20.64 15.18 1991 48,000 44,133 0.9194 1,030=00 21.46 1,020,280.00 21.26 16.01 1992 42,610 38,751 0.9094 973,811.00 22.85 1,010,906.00 23.72 20.12 1993 41,170 36,941 0.8973 999,652.00 24.28 1,077,153.00 26.16 23.78 1994 45,618 40,442 0.8865 1,211,322.00 26.55 1,190,571.00 26.10 24.11 1995 41,624 38,010 0.9132 1,169,438.00 28.10 1,187,062.00 28.52 24.58 1996 39,079 35,577 0.9104 1,162,099.00 29.74 1,242,660.00 31.80 29.66 1997 44,391 40,802 0.9192 1,349,932.00 30.41 1,282,152.00 28.88 27.64 1998 46,283 41,211 0.8904 1,412,486.00 30.52 1,377,727.00 29.77 28.12 1999 42,822 37219 0.8692 1,389,089.00 32.44 1,459,020.00 34.07 25.13 2000 42,820 39,019 0.9112 1,391,324.43 32.49 1,121,395.51 26.19 22.68 TOTAL 1,014,547 924,012 0.9108 20,246,332.43 19.96 19,973,728.51 19.69 16.86 2000 ROUNDIINCOME BREAKDOWN: GREENS NUMBER REVENUE PERCENT TO FY 1999 COMPARISON THROUGH OCTOBER: FEE ROUNDS TOTAL PAID ROUNDS 42,548 32.00 6,546 209,472.00 15.29% PERCENTAGE CHANGE-1999 0.64% 24.00 4,391 105,384.00 10.25% 22.50 3,276 73,710.00 7.65% RESIDENT REVENUE 1,356,435 19.00 1,706 32,414.00 3.98% %BUDGET REALIZED 101.13% 18.00 2,120 38,160.00 4.95% RESIDENT REVENUE PER ROUND 31.88 18.00 1,599 28,782.00 3.73% PERCENTAGE CHANGE-1999 2.57% 15.00 7,565 113,475.00 17.67% 15.00 1,182 17,730.00 2.76% RESIDENT EXPENSE 1,152,282 13.50 1,686 22,761.00 3.94% RESIDENT %BUDGET REALIZED 85.44% 12.00 1,125 13,500.00 2.63% EXPENSE PER ROUND 27.08 11.00 2,031 22,341.00 4.74% PERCENTAGE CHANCE-1999 -2.68% 11.00 3,465 38,115.00 8.09% RESIDENT 8.50 2,783 23,655.50 6.50% RESIDENT 8.00 1,672 13,376.00 3.90% RESIDENT WEATHER CONDITIONS(AT LEAST PART OF DAY-SINCE 04/01): 6.00 619 3,714.00 1.45% RESIDENT TYPE MONTH TO•DATE PRIOR YEAR OPEN 1,054 11,811.06 2.46% RAIN 1 42 39 TOTAL 42,820 768,400.56 100.00% CLOSED 0 3 4 H S 1,352 NO-CARTS 0 2 3 AVERAGE GREENS FEES/PAID ROUND: 17.94 TOTAL DAYS 30 244 244 RESIDENT ROUNDS 16,803 39.24% FIRST SNOW. 12/05/99 NON-RESIDENT ROUNDS 24,963 58.30% OPEN ROUNDS 1,054 2.46% ROUNDS %ALL ROUNDS MEMBERSHIPS ANG/ROUND MEMBER ROUNDS 11,847 21.67% 92,193.25 7.78 TOTAL PLAY 54,667 VILLAGE OF BUFFALO GROVE 11/05/00 ARBORETUM GOLF COURSE OPERATING STATISTICS THROUGH NOVEMBER 30,2000 FISCAL PAID ROUNDS THRU PERCENT OF FINAL REVENUE FINAL EXPENSE EXPENSE PER YEAR ROUNDS SEPT 30 ANNUAL ROUNDS REVENUE(1) PER ROUND EXPENSE(2) PER ROUND RND-OPERATING 1990 16,486 14,697 0.8915 816,665.00 49.54 882,836.00 53.55 32.05 1991 24,389 22,692 0.9304 770,431.00 31.59 1,105,930.00 45.35 30.85 1992 24,311 22,399 0.9214 854,941.00 35.17 1,170,499.00 48.15 33.61 1993 25,569 23,283 0.9106 923,276.00 36.11 1,245,315.00 48.70 34.80 1994 26,713 24,362 0.9120 1,019,536.00 38.17 1,346,782.00 50.42 38.96 1995 24,885 22,808 0.9165 981,915.00 39.46 1,289,942.00 51.84 39.57 1996 27,907 25,537 0.9151 1,106,497.00 39.65 1,356,953.00 48.62 39.55 1997 29,090 26,462 0.9097 1,176,298.00 40.44 1,402,406.00 48.21 38.32 1998 28,516 25,581 0.8971 1,182,136.00 41.46 1,507,525.00 52.87 39.01 1999 26,955 23,890 0.8863 1,154,283.00 42.82 1,542,510.00 57.23 42.50 2000 26,299 24,177 0.9193 1,113,874.91 42.35 891,984.03 33.92 18.92 TOTAL 281,120 255,888 0.9102 11,099,852.91 39.48 13,742,682.03 48.89 35.53 (2)INCLUDES PRINCIPAL AND INTEREST DEBT SERVICE 2000 ROUND/INCOME BREAKDOWN: GREENS NUMBER REVENUE PERCENT TO FY 1999 COMPARISON THROUGH OCTOBER: FEE ROUNDS TOTAL PAID ROUNDS 26,884 47.00 7,920 372,240.00 30.12% PERCENTAGE CHANGE-1999 -2.18% 42.00 711 29,862.00 2.70% 35.00 3,328 116,480.00 12.65% REVENUE 1,154,059 34.75 3,654 126,976.50 13.89% RESIDENT %BUDGET REALIZED 93.05% 31.00 327 10,137.00 1.24% RESIDENT REVENUE PER ROUND 42.93 30.00 204 6,120.00 0.78% PERCENTAGE CHANGE-1999 -3.48% 25.50 1,168 29,784.00 4.44% RESIDENT 24.00 734 17,616.00 2.79% EXPENSE 1,053,584 20.00 214 4,280.00 0.81% RESIDENT %BUDGET REALIZED 88.01% 19.00 1,090 20,710.00 4.14% EXPENSE PER ROUND 39.19 17.00 2,910 49,470.00 11.07% RESIDENT PERCENTAGE CHANGE-1999 -15.34% 17.00 27 459.00 0.10% 14.00 1,429 20,006.00 5.43% RESIDENT WEATHER CONDITIONS(AT LEAST SOME OF DAY-SINCE 04/01): 13.00 146 1,898.00 0.56% TYPE MONTH TO-DATE PRIOR YEAR 12.00 397 4,764.00 1.51% RAIN 1 42 39 12.00 39 468.00 0.15% RESIDENT CLOSED 0 1 3 9.00 201 1,809.00 0.76% RESIDENT NO-CARTS 0 1 1 8.00 502 4,016.00 1.91% RESIDENT TOTAL DAYS 30 244 244 31.50 249 7,843.50 0.95% FIRST SNOW: 12/05/99 27.00 101 2,727.00 0.38% OPEN 948 27,273.80 3.60% TOTAL 26,299 854,939.80 100.00% HS 397 AVERAGE GREENS FEESIPAID ROUND: 32.51 RESIDENT ROUNDS 10,444 39.71% NON-RESIDENT ROUND! 14,557 55.35% OPEN ROUNDS 1,298 4.94% ROUNDS %ALL ROUNDS MEMBERSHIPS AVG/ROUND MEMBER ROUNDS 3,327 11.23% 21,785.75 6.55 TOTAL PLAY 29,626 (1)DOES NOT INCLUDE PROPERTY TAX EXTENSION OR OPERATING TRANSFER REVENUE OF: 1991 181,068 1995 125,620 1999 233,342 1992 152,355 1996 619,736 2000 199,311 1993 149,885 1997 133,497 1994 157,001 1998 204,047 ♦ Y N O O t9 Ol 10 �a�pD l+f N O C9 p � n O r h Ol 1U W $ jm n n Q m m W q n m V C J 1A 1p� N /D m dmD, O Y N O ID QOD p �[m) V N O Q QQp O m C'l $ 8 ^ A O 0 N m m m O m O N N lh O 8 S 8 8 8 8 8 8 8 rc o o c o c c c o c o c c a 8 8 8 8 8 8 8 8 8 8 8 8 o c o o c c o o c o o c R IR X X R :R o zp 8 8 S 8 8 8 8 8 8 8 8 8 W c c c c o c o c c c o 0 LL S 8 8 8 8 8 8 8 8 8 8 8 z c o c c o o c o c o o c Q 8 8 8 8 8 8 8 8 8 8 8 0 U c o c c o o c o c o O o W > 8 8 8 8 8 8 8 8 8 8 8 S 0 O O O O O O O O O O O c Z N immR O p� (lpp �` iR m p�` (�p �` m n (ap Y1 C` m CD N O W $ N n m .0 Q O O M S W N l7 ' co C $ n Q m m c � W 6 O fV _ W m 0 Q Q aD l�h �q �f1 N 93 W) n �n�pp �R Q aR QOQ m N O t9 N O Q Y l7 N O Q� 0. n f0 Oi m 0) O b G m C7 Q 6 ` N N n Pl C W m O 4 m a N " n N m N W l+0! fm0 pp Q mm Qp 1� pp l9 O Y N Q f0 Iw`I. C07, m ED m W h Q co R to m C� Q m p ppp n m W O n N m m n o _ C Pl m h l7 O O n Q In n l0 N $ n m [O N J t+l Ol m m W Q� O p m O Q O m m w 0 1� C n ME N an ?R mw c�.i rwi co �m R°i R W EO m m Q $ & a O CO Q N h n -. Cl! t0 N h 0 l�7 N m N w n m O n Q m ci OD0 m ro a n `° W o w o n m w r J Q Z } Q W W O W o z �u < w �X( w 00 � z U F O LL J LL O W LL F Z W w g U Z Z < > LL � X J f2 F- V O F- W f U 1� m WW <� W W W N W W Z W w W W U W W Z W Z LL F- c9 x 0 x 0 w o 1- 0 � a z o 0 Z O we o w 0 iv W � a > j W � 2 � Z D Z � W � � D w D w � W 0 w m W m m m m m m 0 m Z m m w m m m ¢ Z tl d a LL 2 U. Co LL w LL J U. U LL LL Z LL LL V LL LL J W g w 0 0 0 0 O g 0 0 O U 0 w 0 0 J 0 O - m J Q n ml Ww ObF- 9 V m W O (9m o m N $ mp n of ui o O f m O c�i N f r n !h m n m N ndtG n W n m N R N m dt O as W h m s N m O n S m O h f f9 J Q aD n ah� yy C Q n p N O N m a7 m n N n a� ♦♦ Q f` N l7 dD 8 h OwC 8 f O 4 G V f") 17 � 4 C6 Qn M m N 9 co F' N p C M p W O 8 8 8 8 O O 8 O 8 8 8 8 8 8 O O O O a o 0 o c c o 0 0 0 o c c c o o c Q 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 o c o 0 o c c o 0 0 0 0 0 0 0 0 f 8 8 8 8 e 8 8 8 8 8 8 8 8 8 o o S 8 8 8 8 8 8 8 8 8 8 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL p� p� Appt � p�p � p� � F` p� p� O p� O 8 O 8 O O O O 8 O 8 8 8 8 O O 8 Z O O G O O O G O O O 6 O O O O O 8 8 8 8 8 8 8 8 8 8 8 8 8 e 8 8 U O G O O 0 G O O G O O O O O 0 O W O 2R tR 7R R R R R aR R o aR o > 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 O o 0 0 0 0 0 0 0 0 0 0 0 o d o 0 Z pp Nn 88po N8 iR oN n Q � m N(p 8 A O ON GOD � N O O m m 88 m NO r8 mmO c m mW � m On W W co d 8 mW NO orh Wf0 h W O f aD N O W N R m m n n o o X R (q m m vD 0 5� * n * " m m o m m omi aa9i Wn 25 acQ OR m ' aND o v Q m A O N N lm Q N n N m X R R n aR n O 8 7R 0 W p X n 8 m n 8 8 b V m O n m r W Ol O M 8 OW v o Pi a n 0 N f- 'V O 0 to 0 m 0 m m N� w O w N f fG fGv 0� b �G CO r It*-- N l9 O � 1 � m � Cr' 8 m O N W f e O m 8 O 8 O 8 � N Al P.: N !S q 6O f Ol W m 8 m N .46 V N f GD O lVf f l9 /9 IOG N n X o l9 R v N m n � I- n l n i4 N a Jt X X f yy a7 n n n N W pGp N W N O n M f � f W f N t9 m f m e9 f 8 � O 8 6 W m f N f O O a7 M h f f O 1� O f m m h w m m N O N m N N O N n N V f9 f l9 f N f V) N V1 } J N Q W (p C } N 2 O Z W Q O K > a: U z ui co Z Z W J U a ' ¢i j5W FLL Z W U o rcrcYO aw Ww � w 2oLLc wwW w ow wWZ c W cc > o m000 Lu o0 o 0 o m o 0 w W X W wU. Wwm zO z W WQU' O m m m m z m m m 0m wm m � z ` Q ` ¢ W oLL ? W J w rc0 5 o Om a p LEp K W N O o z o d ? W 5 h 8 8 O m Oa f� b n J F O O !N9 F- M O f0 N tD O W c � v O o a o `r aND C m m Q N N N m LL m a mm m J m m o b J CAD_ N NO tW0 Q N a� O io a m m m o a t/ F o s � 8 � m of r s e ry o N � Q N h m O N N H - Pl it p� p� � o * p� p� dpe it � O � o O O O 8 8 O O O O p O 8 IL o 0 0 6 o 0. o 0 0 0 0 0 d d o d o < 6 0 0 0 0 6 8 8 8 8 8 8 $ 8 $ 8 8 W o O o O o W C o o O o 0 LL LL z O 8 8 8 8 z O O O O O $ a d o d o 0 4 8 `b' 8 8 8 8 8 8 8 8 8 W o 0 0 6 o w o 0 0 0 0 0 w > 8 $ 8 8 8 > 8 8 8 8 8 8 p o o 0 0 o p o 0 0 0 0 0 z z W Npp� N emR m O p� ♦p m H N O O O n M CAD. act n F O m ED r 8 O n N O A N m a CC f0 Q t0 t9 W Y o a p� msN n Lu n N o w N a 0° 4 o a r m A W m N Y ZA �A CD N O O O O N W fD Q W N O _ N it7 Y l0 m N A tlp m O O l7 Y 7 m N w A lW+l W N m O m Of N O O N a m a m A tQi a n q aCR a m Am 8 a a a o m N O W N N W ' O Q m M O W A m A w C N N m o m m A vt W aR o aR o o o 8 o R°i a o m cD rN- n o g 8 8 0 S3 N CD W i m O M o - N o 6 o m o W m m N N p�` C�p` mA SAD �` W s�s�� N O p�` O N fV lh } N n N m r m O O N Q W (n Y CO m Y O/ N O M N Q N O O fV W co J Q Z Q w N z Xw z W O Q a W o O U w W w Q z z rc O w rc J z LL > > w 2U a 26 QF F W uwiE m rc m Z W C7 3 z Cw7 Z Ow w a O w (W7 W CW7 (W9 C7 � 0 W LL > R LL O LL O F O m O > O LL Cl LL o m o z O = C a O O W LL Q Z m 0 :) m m W m m 2 W Q m p m m p m p m W z W F- O w $ LL LL w LL LL J w Q LL W LL LL V LL V LL J w Q Q 5 N O O m 0 O F z j 0 3 0 0 y 0 y 0 H z 7 W 3 m * I * ? a a m 3 R w z 5 5 * p a m o MEMORANDUM DATE: November 2, 2000 TO: William R. Balling Village Manager FROM: Paul A. Soucy ESDA Coordinator SUBJECT: Monthly ESDA Activities Below is a tally of ESDA activities beginning October 1, 2000 through October 31, 2000: ACTIVITY MAN-HOURS REMARKS Administration 41.0 Reports to State/Region/Local. Emergency Management 5.0 System plans and procedures upgrade. Communications 23.0 Evaluation of Mobilcomm Systems. Warning 4.0 Adjustments and test of DTMF siren. Meetings 2.0 Integrated Emergency Management Lake County EOC. Response 24.0 Assistance requested by Police and Fire Departments for phone outages. TOTAL 99.0 PAS/bf w J U- O W 1-- 0 C) w W Z ch w W � I— > QttC5 0 0 �- N w Z _ � W m z 00 OC O OU) a_ 6 a LL U z D W O o N LL 0 W w ` OO z 0 F- N = N J 00 I..L� Z zp Q cff O Q J U) N w LL o W LL Q M N (1) z W z W O 4 w w � cl to 0 0 (n N U U ®® H Q H U) O O O O C7 O to O Ln C%4 r r 0 0 O J N Q � O W F- o z Z F- W OU w co > J w U W W � 0 w I _ J Of WLL z Q z_ 2 w -� Z > z z 0 z Q J NIX m C) m Z Q M. 0 o Q Q N LL L Z 0 L 0 Q D co � m N � Z z W 0 U) LO N U z 0 U) 0 0 0 o co o U') o Un N r- S�S4S44444s�1f�s4��s44�4�4 F- 0 F- 0 z 0 z W LU N w M S CL c) C) W W z z m w0 0 p = m W U z Q p ZU) LL p _ W a F- �Oo / N co w w 1.� .. N Q w Ur I- S z LL QHp O Q U) 04 Q = N LL Q 4� � D � Q N �4444 0 F- LO N a s s e s z S 4 S 0 F- U) O O O O O O O O O O LO O LO N r- • W Z • . • LL ■ ■ ■ ■ r• • • c •• c i �iiiiiii :�: . . • LL • • � � ` ■ ■ ■ ■ ■ iiiiii ■ ■ ■ ■ ■ ■ ■ 0 BUFFALO GROVE POLICE DEPARTMENT OCTOBER 2000 Calendar Calendar Year to Date: Oct Oct Yr To Date Oct Oct Oct Oct Oct PART I CRIMES 2000 1999 2000 1999 1998 1997 1996 1995 Homicide 1 0 1 0 0 1 0 0 Forcible Rape 0 0 1 1 1 1 2 3 Robbery 0 0 4 5 7 1 3 2 Aggravated Battery 2 0 4 3 3 4 2 3 Aggravated Assault 0 0 6 2 5 3 5 6 Burglary 4 4 52 44 39 65 50 67 Burglary from Auto 33 17 169 167 153 174 159 149 Theft 34 26 298 249 312 354 344 341 Auto Theft 0 0 15 13 13 14 21 14 Arson 0 0 6 1 1 2 4 3 Tot. I Crimes 74 47 556 485 534 619 590 588 Part II Offenses 215 250 2586 2556 2634 2215 2384 2301 Part III Codes 1529 1487 15154 15531 15025 15276 15308 15190 Incidents 1818 1784 18296 18572 18193 18110 18282 18079 ARREST DATA Part I 4 11 64 80 83 70 87 51 Part II 90 128 1286 1324 1373 990 1043 946 Part III 7 8 67 91 79 114 94 98 Traffic 1514 1697 16803 17327 19233 17312 14960 12208 Ordinance 419 425 4852 4454 5948 3583 4069 4606 MANPOWER ANALYSIS - PATROL DIVISION MANPOWER ANALYSIS - PATROL DIVISION Oct 2000 Oct 1999 Equivalent Equivalent Part I 74 x 3 = 222 Part I 63 x 3 = 189 Part II 215 x 1.5 = 323 Part II 290 x 1.5 = 435 Part III 1380 x .5 = 690 Part III 1361 x .5 = 681 Accidents 149 x 1.5 = 224 Accidents 168 x 1.5 = 252 Traffic 1514 x .25 = 379 Traffic 2296 x .25 = 574 Ordinance 419 x .08 = 34 Ordinance 665 x .08 = 53 Total dedicated hours 1872 (formulated) Total dedicated hours 6071 (formulated) Total man-hours: 6056 Total man-hours: 5718 Undedicated Dedicated Ratio Undedicated Dedicated Ratio 4186 (divided by) 1872 = 2.24:1 3887 (divided by) 2184 = 1.8:1 Gd M U c M F o a z p N W � w u = a O � F rA o U a r Oa a O N 04 a o aG F W W w zSoH o a o a F U U G7 H LL °z p M O LL via OD O V < N w FF a d z z z f�4 O1 A < N z Q m a N W w 00 1� o r� z ° F z A <� w IL F U w 0 U� U ' C7 rUi.Zn � z �a 0 m L'7 F E LL H W W co n z E� z H a w a ' d H d w a z = w w U a iLL0-4 F U a o or H oG CA w w z F w W N as O N a O aa' O, p00 = w W z Z7 d LL O O F a w d a d o F- w � w w Z 0 0 0 0 0 B n o vi o n W N N Na U U N H r F z St Wo z w wciWo H a zF W N a a v .. a d d a' ;T. O O W o o N W N A C A a W e za of V1 v HHH MCI N FF 0-4 F go < < < O a ~ o a W J aaa Ey O dF a s DEN 0 w p a o 0 � o a O O a 1� w E d m N w cn W - z w 0- w ti o �° W �+N N O O O CO) O O O O O O A Ci m 0 N O 0 0 f N W Q � d O� U W d. F F z z w w do F F a a d d • W 1W1 N O0 CD /G O N ai m Ld O A 1 W 1., U W o z rc O fsr < J a a a a u E„ ,� ■ x W a o O "A F a s a aw a o d co 93 x O a N CDE� w W w ti d d w w O � � d ti O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 10 O b O N O O O O O O O O t0 f N O W tD f N 17 M 04 N PUBLIC WORKS DEPARTMENT OPERATIONS DIVISION October-00 WATER PUMPAGE REPORT (month) TOTAL THIS PERIOD FISCAL YEAR TO DATE LOCATION CURRENT LAST Y CURRENT LAST YEAR Well/Pumping Station#1 345 So.Arlington Heights Rd. Well Pumpage(mil.gal.) 0.000 0.018 0.000 0.034 Lake Water Pumpage(mil.gal.) 11. 9.178 76.611 76.672 TOTAL PUMPAGE 11.850 9.196 76.611 76.706 WelUPumping Station#2 525 No.Arlington Heights Rd. Well Pumpage(mil.gal.) 0.000 0.000 0.023 1.085 Lake Water Pumpage(mil.gal.) 43.383 53.877 261.122 265.060 TOTAL PUMPAGE(mil.gal.) 43.383 53.877 261.145 266.145 Well/Pumping Station#6 120 Horatio Blvd. Well Pumpage(mil.gal.) 0.000 0.000 0.000 0.025 Lake Water Pumpage(mil.gal.) 25.60Ci 25.711 219.581 345.190 TOTAL PUMPAGE(mil.gal.) 25.603 25.711 219.561 345.215 Pumping Station#7 401 LaSallle Ln. Lake Water Pumpage(mil.gal.) 50.172 61.997 303.775 444.566 TOTAL PUMPAGE(mil.gal.) 50.172 61.997 393.775 444.565 Total Well Pumpage(mil.gal.) 0.000 0.018 0.023 1.144 Total Lake Water Pumpage(mil.gal.) 131.006 150.7 951.OB9 1131.487 TOTAL GALLONS PUMPED(mil.gal.) 131.008 150.781 951.112 1132.631 AVERAGE DAILY USAGE(mgd) 4.226 4.864 5.169 6.156 Comments Submitted by: a Supervisor Reviewed by: Su ReMent Pu Wo Operations g:oom/qutNvater/report/monthy/pump96 Village of Buffalo Grove Public Works Department October 2000 Central Garage Section Fleet Cost Detail This Fiscal Year This Fiscal Year Last Fiscal Year Last Fiscal Year Current Period Year-To-Date Current Period Year-To-Date Usage-Miles/Hours 94,805.0 624,331.0 106,248.0 628,135.0 Fuel-Gasoline Gallons 6,996.3 41,213.3 10,852.0 46,083.4 Fuel-Diesel Gallons 4,363.2 29,003.5 6,073.7 25,536.2 Fuel Usage-MPG/MPH 8.3 8.9 6.3 8.8 En-Oil-Usage/Qt. 0.0 0.0 0.0 0.0 2nd-Oil-Usage/Qt. 0.0 0.0 0.0 0.0 Road Calls 2.0 11.0 2.0 10.0 #Repairs 175.0 1,393.0 230.0 1,393.0 Shop Hours 519.3 3,794.8 654.8 3,923.0 Down Hours 0.0 0.0 0.0 0.0 $Cost $/Mile $Cost $/Mile $Cost $/Mile $Cost $/Mile 4211 -Gasoline 8,895.85 0.094 54,624.2 0.087 10,417.71 0.098 41,257.57 0.066 4212-Diesel 5,407.39 0.057 33,690.4 0.054 4,932.49 0.046 19,473.63 0.031 4215-Add Eng-Oil 0.00 0.000 0.00 0.000 0.00 0.000 0.00 0.000 4215-Add 2nd-Oil 0.00 0.000 0.00 0.000 0.00 0.000 0.00 0.000 4213-Shop Parts 5,600.85 0.059 47,488.58 0.076 7,659.23 0.072 41,162.63 0.066 4214-Shop Labor 11,831.86 0.125 87,007.91 0.139 13,342.91 0.126 76,343.5 0.122 4218-Outside Repair 1,706.37 Qmd 26,094.63 0.042 1,015.65 0.010 24,289.55 0.039 TOTAL 33,442.32 0.353 248,905.70 0.399 37,367.99 0.352 202,526.84 0.322 Submitted by: n I G l a S< a isor Reviewed by: Superintendent P is wo s Operations g:\common\garage\reports\month"onend00.xis II 4�f thN TNc�p� W Y 11 ��npnn c(O11n Ou� 11 o NNNIO?cry., Y II s��splsN�p�mp � p�1���pp�s�� W 11 N {O CD ONN ( r UJ FO 11 m901 O g N N y aW II QO M'p DWI �O�pp /� �p tt�QQ��+11Ci �Z II NNNeM-NOl{�N I M 4¢ II CNO ON M1AN fV O O cq {{1 11 N 11 Q N w II > II W fn W � II oa N f/I }Q.' II N l0 C7 N } II f0 O O(O M M N W Km ii I ~ W Z U CL CL j i w a o n p p p p p p pp a II OOO OOOO f0 ID = II N N I- LL J Q , z u II 88 8 8 a w � {pp�pp� N yIIff�f N II O�OOONO el0 QMOO 1� O U M Z W II Otf)��Ol+1n II n on 1p�O ppp (�p f0 pp�� R� LL U J ((}�7 II M N H 11 th OfO� V NN m O a g T II N Y N fC fV N O ,f Q' Zp n f9 f0 II Y Q Y N K ii p > ii O O }� C-11 Nw 11 a. OmOOY�V'OOO NO�N O Z Y W N J 0, II II 1 0 a: Q fY II Z 11 0.; ? W M a Z II LLQl w f0 _-- 5p� __� w oon z ggg_I��I$gp�mfOQgQg . 25id250O25olp�cgi� `�i �vw Z On W ii Oni0Yf Y0i 17S gN t$ Z ii Gg lti o8 0 n Ingm vi j ' C Hm O II Qj 0 6.6 n O l"7 N I�O II O 1A N O OD I NON to a Z U N 0 Ll O W W Z 11 tp N N N N— N W 7 II fV M N f0 fV N N N Z w O } h 0 Lou: 1¢'� a �wZ 3zw 11 0> n p N fY 0 0 O Z d' II N lN"f N (7 M R CD W II asU?Z II m 11 n O WLxu }7 II }9 11 C~ W F m 2 II p Z 11 mJz OZFJQ 8 8888 (1gg�i v 11 0�000 O ONE N OZj W UfZ 8�81oQ�+ p rpp p�7 U. fY W 7 11 tD OD ODNaff OOfO Q � O II h r IA tiDN NOf N ZO W O JR II NN C6 - NN Oi ¢ 11 C W(ALL JZ g II N M II W U W 1=-C ii �p pppp ��pp II-> i wQ� ?9wO O P V G"WC11 O8 N N Q 00000�70�O M`If) N jyZ JZOCr 2 co U=WOw= F z Zf-W ww wx8 GGGq W� II ZW li I JZZ W W Wy m2 Nj2 ii �2 wx mgpQ UO wzIx w ff- m U fq Z 11' Z 11 Z to-o 9}¢¢ C70, LLK ywSj ? 050 w N Z 9= 0 Jg NWOFZ'WNP"O W Z Oto O WCa�(Z�7 § ZH lzn mC6Q LL FK J ZFN m Oom0 zww� II ru p wws�- awZPmD J LL F" 11 fy.. S7JQ~Z��1g� N 2Ll Z Z 0=0 d= it Ny WMO C9� > li 2m J}�Fp WfnOCmp �Om 00 0 0~S co it m W w w w w w m w J ii }>-ssJ J m�O~Z Q W W O fn z1�,1 g-W Z, W II W W LLLL3LLp0' mF fY Q II JJ��� JQrm�p �Kc H pZ� pY�a ZOp ILLwy it wLL0i W qwz m ¢ d ~ II W J W �"' O W Z W W WOO W y0 W W— O W 8^ W II f O �qN ii (,Z—U�HZZ W N4 U p II Wow w5:caw tYUZ N� 2fn ♦-r O li ?m Zg C'QX Q:R' LL ,a{ Z f 11 W W O.a a w W 1-i-W W w K a K W K ~K W K V �a W II p� S W W W O 0 11 J-j J�� lAfy/O92 W W J w W y W �w UwJ O_�lV G. 11 JO W O Zmm 2S F yN J Z II 2 Z7>> p1�LLLLF-FO O W z� W 8- I.-O O OU LL ii m a w g L 0 0 0 LL m a 11 65552 2 0 U?—O O O O a F LL O O LL O 0 a G w D No 00 0 O N O ` � M VCD C w Q G Z w 2 W IL ° N O > cc w cc a w c s o a T y 0 c o U) v 4- o N w _ co uj c M Q eM- M LL V Z Q a V O o 0 0 0 IL M Cl) N N M > M o O O 2 O O O y to to (' N M O �- � N cmd 0 cm cm c O C cv O U. m W O W ip W W m Y. m ° � v Cl) ic a) N as N m H V O Z Z w _ 0 CD � � o � o o n qoLO $ 04 « 04nnn � 00 R 0 w a zG � 0LOL - nLO000 2 n0LOo & m N n - - 04 � 04 C14 � 0 o m p / fE % 2 � q © q0 ~ 'Vq � k � k n # / LU z0 22 0 2 � u U) E G $ § V V 04 k � 04r- � 00 m / - q LL O � / zL LLJ / 0) IT 00(D n � m� wU 2 22 0 0 0 on � o04o 04 Gg0) cIto - VNo 04 / 0 g 0 e # ® O ƒo § R § § � / f CD 0 ( 2 k § S � k k 2 0 § \ w § k k k ktr) 2 kk � k k 22 L o § � 2 £ 2 0 0 § @ # / G E � 22m222 § M2aa- k � E _ � - o m � { � � � ` � £ 2t20 20) c8@ � � 04 - I & m $ $ U)co 0c � � � i k�tc k � « CD wik � � \ o � k= Mkkkk § �ktm003: U) 7 / � E q 0- E'6 � fA § c � gc \ E � � oa � o � > 2@ew tf « � / z w q t @ o 2 ? o m : E . . . . . . . . . . . . . . u $ o � omEw2ENa- EmwI ¥ bU) . 2 m / .. » } m / f 0ao 2 W W O W N M N N M O 0 I- � N Lo ti to 0 N N V* � � � N CO Q ems- � CM � N O � O O U O Z H Z w � — O 'T M M 4T O O O O N 00 Lo O N LO M T— I- r- d' N N E T- N w N N Cl) to N orS Q. o O O Z _ N U J O � U 0o Q LL O F- � LL a w U) 0 0 � U � J Q m w d 0 c� Z c z � m0 O c c N a o m c o 0 O N N 'p -0 V C C J � oN U UN v to 0 rn — o -o> O U)CO ~ m� .0 - tU U N CL mQ N N ccNC0DO N O CD O NmFw = wn na = cnu. aC7o Z LL N W Q Q' X U m O r a 0 To: Edward Schar Building Commissioner From: Brian P. Sheehan, R.S. Health Officer Date: November 1, 2000 Subject: Health Department Activity for the Month of October. Day Care Center/Day Care Home 3 Food Service Inspections 41 Food Service Re-inspections 12 Food Service Construction Inspections 9 Foodstore Inspections 2 Food Service Pre-opening Inspections 9 Plan Reviews 18 Complaint Inspections & Follow-up 82 Propea Maintenance Inspections 122 Microwave Inspections 9 Carbon Monoxide (Commercial/Residential) 8 Radon Kit Installation& Follow-gyp 4 Vending Machine License Inspections _ 6 Mobile Vendor Licenses/Inspections 1 Swimming Pool Inspections/Re-inspections 4 Temporary Foodservice/Inspections 2 FEm,,erg�ncy Inspections & Re-inspections 0 Assistance to Public 217 Meetings & Training: October 11, 2000: IL Environmental Health Association Educational Conf. October 19, 2000: Board of Health Meeting. cc: Members of the Board of Health DEPARTMENT OF BUILDING AND ZONING PUBLIC SAFETY ACTIVITY REPORT October, 2000 IV. LITIGATION Please see attachments V. CODE CONFERENCES October 6, 2000 —Powernail/Hydraforce October 23, 2000—Villa Verde Reconstruction October 24, 2000—Belmont Village October 27, 2000—Focus Development- Delacourte VI. PROPERTY MANAGEMENT: BUFFALO COURT: No action required. CAMBRIDGE COMMONS: No action required. CAMBRIDGE WEST: No action required. CHASE PLAZA: No action required. COUNTRY COURT: A walk through inspection was conducted on this property and a comprehensive list of nesessary action was sent to the management company. The Village has an onsite meeting scheduled to discuss the outstanding issues. CREEKSIDE COMMONS: No action required. DUNDEE POINT: No action required. DUNELL CENTER: No action required. THE GROVE: The sidewalk at the Northeast corner of the property has settled and is in need of repair. The front and rear detension basins are in disrepair. Action taken: See litigation Report. GROVE COURT: No action required. GROVE POINT PLAZA: No action required. HIGHLAND OAKS: No action required. PLAZA (THE): No action required. PLAZA VERDE: No action required. THE SHOPS AT APTAKISIC CREEK: No action required. SPOERLEIN COMMONS: Dumpster area soiled with food debris form several facilities. Action taken: The owner of the Broasterie and Tein Seng were notified of the conditions. A reinspection found that the area had been cleaned. STRATHMORE SHOPPING CENTER: No action required. STRATHMORE SQUARE: Garbage containers overloaded at Panera Bread and Super China Buffet. Action taken: The owners/managers of the respective facilities were notified of the conditions. A reinspection found that the area had been cleaned. TOWN CENTER(Bldg. AB): Garbage area soiled with litter and debris at the Zweigs dumpster area. Action taken: The owner was notified of the conditions and had the area cleaned immediately. TOWN CENTER(Bldg. C): No action required. VILLAGE PLAZA: No action required. WOODLAND COMMONS: No action required. Respectfully submitted, Building Commissioner ES/jk MONTHLY ACTIVITIES REPORT ENGINEERNG SERVICES OCTOBER,2000 River Oaks Curbs completed on River Oaks Circle East. Mirielle 2 Work continues on punch list. Rolling Hills Work continues on walks,drives,and aprons. Praedium Parking lot completed. low Watermain completed. 851 Commerce Ct.EKking Lot Expansion Subgrade completed. Prairie Road II Subdivision Work begins on utilities. 803 Old Checker Road Work begins on sanitary sewer. ASAP Software—Parking Lot Addition Excavation begins. Veterinary Specialty Clinic Sewer televising completed. y-Stor-It Work begins on utilities. 7L� Ri K.Kuenkler,P.E. Daniel J.Kula Village Engineer Engineering Technician Keith L.MacIntyre Engineering Technician G:\ENGINEER\DJK\Nov2000.doc O q n V 4 t r 0.0 0 � A v b yQ 4 co � y O W o a v � a W W � y m a N t~. G o C 4 W W A Z o tea. 94 4 4 4 ? W y o C5 mo Wo vt�. 0 4 p v 4 Oy y � 4 ya !e W W 4 C� y O W o y a � s O � V a [zj i ~ � e rw� cwi � o .�j � q "� � �• � � N 4 � w � CWito CV CZ woa' v � � � k4 � � N ~ OV ^ y y � w0 � 0 W Aye. o 0 1 4 4 O yq t�p�r �`� O!w.ZQ1 w Cf ,'O! 'OJ �O�wQaj s' y y 3 y� O W 4 O W � y a � a O a W i � y eq : G awww4� � � o� 0 � � �4vVt� 4c� 'r � q � y O � � � O a � ye � O roam Wp W A O y W O O V "'7 w O '� O C O W '� w w 01 w w : q a y Cp V Ly �b q O V tp p V q tr, l� O Cq q fq w V W W O V p C a W 2 W >, CQ V V a v V Cl. e w v O O ! 4 � t O N Cri go 4 C4 yo w w 4 C� y O 4 � W o to a o C� a c W z v q y V V qq e c o e o e z w a a a ry Board Agenda Item Submittal VIII-B Requested By: Scott D Anderson Entered By: Scott D Anderson Agenda Item Title: FY2001 Golf Budget Presentation Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is a copy of the fiscal year 2001 budgets for Buffalo Grove Golf Club and the Arboretum Golf Course. The marketing plan and five year maintenance plan are included with the budget materials. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal VIII-c Requested By: William H Brimm Entered By: William H Brimm Agenda Item Title: Village of Buffalo Grove-FY 2000-2001 Six-Month Financial Report Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/07/2000 11/20/2000 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. October 31,2000 marked the mid-point of the Village's FY 2000-2001 fiscal year for all funds and account groups with the exception of Golf. The attached report summarizes major account groups for both revenue and expenditures/expenses at mid-year and offers an assessment for the remainder of the fiscal period. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files u . Village&pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling FROM: William H. Brimm DATE: November 7, 2000 SUBJECT: Village Six-Month Report FY 2000-2001 October 31, 2000 marks the mid-point of FY 2000-2001 for all Village operating funds with the exception of the Golf Funds, which are reported and accounted for on a calendar fiscal basis. The following is a comparison, through six months, of revenues and expenditures/expenses (actual versus budget) for all funds and account groups: Fr 2000-2001 Budget Actual Percent Realized Revenue $41,558,762 $25, 108, 195 60.42% Expenditures $40,200, 046 $18, 936, 187 47.10% At the same point last year, 55.64% of revenue and 41.64% of expenditures had been realized. Actual revenue received has increased by $2.56 million with expenditures/expenses increasing by $2.34 million. The variance of budgeted revenue to expense, as originally reported in the FY 2000-2001 budget document, was comprised of the following major deviations: 1. Transfers were approved from the Corporate Fund from revenue earned in prior fiscal periods to supplement the funding for ongoing capital programs such as facilities development, street rehabilitation and construction, debt service tax abatement, pension program funding and for the moderation of refuse service rate and fee increases effective May 1, 2000 as part of the Village's participation in SWANCC. 2. Continued use of fund balance and debt proceeds within all Capital Project Funds as well as the Motor Fuel Tax Fund for ongoing progress and completion payments on various capital programs approved as part of the Capital Improvement Plan. 3. For payment of bond principal and interest obligations from prior accumulations of fund balance within certain of the debt service funds of the Village. 4. Draws from the prior year fund equity to provide for certain capital improvements within the Water and Sewer Fund. Other minor draws are programmed within the Budget, but are well within the operational capabilities of those funds and part of a phased use of fund balance. The following is a brief analysis of revenues and expenditures at the mid-year point. The analysis concentrates on those major account groups that represent significant commitments for both revenue and expense. Revenue Analysis: Attached to this memo is an historic comparison of revenue realized as of October 31. In all cases, mid-year revenue has always exceeded the 50% benchmark level. Realized revenue has ranged from a low of 52.00% to a high of 69.63%. Property Taxes: Collections to date represent the entire 1999 levy extension in Lake County, along with the second installment of similar year extensions within Cook County. In the final quarter of the fiscal period, the first installment of estimated tax year 2000 property taxes will be collected in, and remitted from, Cook County; no collections of tax year 2000 levies will be received from Lake County until FY 2001-2002. To date, a total of 89.75% of the property tax budget has been reached. It is further anticipated that approximately $849,000 in first installment Cook County taxes will be received along with $141,400 in final tax year remittances from both Cook and Lake County. If received as anticipated, total receipts will approximate $9,584,597, slightly over the budget estimate for the fiscal year. Sales, Income and Motor Fuel Taxes: Proceeds from Income Tax are at 56.27% of budget with a per capita distribution equal to $48.69 which compares to $45.08 in FY 1999-2000, an increase of $3.61 or 8.01% per capita. Sales Tax (exclusive of Home Rule Sales Taxes) revenue is currently at 48.73% of budget with receipts below FY 1999-2000 by $73,220 or 2.74%. Two components of Sales Taxes are part of the Budget. The primary is within the Corporate Fund and represents the monthly collection of local sales taxes as remitted by the Illinois Department of Revenue. That component has increased by $41,500 or 1.68% from FY 1999-2000. The second are sales based taxes collected within the Tax Increment Financing District Fund (TIF) . That component has declined by $114,720 due to the timing of state-shared funding for TIF. Motor Fuel Taxes are well above the 50% benchmark at 58.03%. Total revenue for Motor Fuel Tax is $104,831 (19.93%) higher than last year's six-month totals. The per capita distribution is $14.62 compared to $11.40 for FY 1999-2000. Transfer/Home Rule Sales/Telecommunications Taxes: Home-Rule Sales receipts total $707,824 compared to $663,763, an increase of $44,061 or 6.64%. The percent of budget realized at October 31 is equal to 55.83%, slightly better than the 55.04% realized at October 31, 1999. Receipts from the Real Estate Transfer Tax total $575,022 compared to $596, 092, to date in FY 1999-2000. The decrease in revenue can be attributed to the level of extraordinary receipts (over $7,500) collected this period versus the previous one, which approximate $22,500. This tax remains strong in terms of collection versus expectations with receipts equal to 77.41% of budget. The generation and collection of this tax will continue to remain highly elastic in expectation and receipt. The conservative level of budgeting for FY 2000-2001 will prove valuable as the fiscal year progresses to establish and maintain a reasonable level of Corporate Fund reliance of the revenue stream produced. Finally, receipts from the local Telecommunications Excise Tax and Infrastructure Maintenance Fee, levied at a rate of 3% and 1% respectively of eligible charges, totaled $829,273 or 53.49% of budget which compares to $664,133 (44.85%) for FY 1999-2000. These fees continue to be remitted at comparable month-to-month levels although the risk within the overall Corporate Fund revenue profile rests with recent litigation challenging the constitutionality of the IMF which will be eventually resolved in either the courts or through the legislature. Development Fees/Licenses: Construction and development related fees and licenses cross into both the Corporate and Water Funds. At mid-year, income was equal to 71.99% of the approved budget compared to 183.66% at October 31, 1999. Although the percentage change is dramatic from the previous year, actual revenue has declined by $410,445 reflecting lower expectations for construction activity during FY 2000-2001. Sales of Water/Debt Service: Revenue earned appears out-of-line at mid-year due to the timing and accrual of water sales, sanitary sewer treatment and debt service fees to be received in the second half of the fiscal period. While revenue reflects mid-year performance, what is not shown is October, 2000 Cook County residential, along with the September-October, 2000 revenue for residential and commercial user/consumer rates and fees to be billed as of October 31, 2000. Revenue is below last year's totals by $377,317 from $2,917,801 in 1999 to $2,540,484 in 2000. Billed consumption at October 31, 2000 totaled 680.0 million gallons compared to 782.0 million gallons through October 31, 1999, a 13.04% decrease, which in and of itself accounts for $183, 600 of the revenue change. An additional $180,900 of the overall revenue decline is related to the May 1, 2000 flat fee reduction from $7.80/month to $5.50 necessary to support Village obligations for public debt service. Interest Income: Investment income appears to be trailing the 50% benchmark at 41.51% of budgeted revenues realized. This figure is not a true reflection of anticipated revenue in that certain interest income accruals will not be posted until year-end, most specifically for pension funds. In concluding the revenue analysis, it appears that overall combined fund revenue targets should meet or exceed budget by April 30, 2001. Interfund revenues generally will not be posted until the second half of the period and then only based on needs within the receiving fund. If there is no need identified within a fund, an expenditure reduction, compared to budget, will also be recognized in the granting fund. As with any fiscal oversight, all revenue categories will be monitored closely and all efforts maximized in order to enhance revenue potential with specific emphasis directed toward monitoring those high impact revenues affected by either local and/or national economic trends and conditions most specifically within the combined taxation categories. Expense Analysis: Expenditures/expenses to date total $18, 936, 187 or 47.10% of budget, as approved. This compares to $16,591,600 or 41.64% in FY 1999-2000. As with revenue, an historic budget-to-actual perspective is presented. Trending has always been positive, against a benchmark, with the only major exception being in FY 1985-1986 when mid-year expenditures were at 50.28% of that period's budget. Generally, mid-year expenditure levels have been in a range that runs from high 20% levels to the 40% levels. Personal Services: This is the single largest expenditure/expense category budgeted by the Village. In terms of total budget, Personal Services account for 36.10% of the approved budget and compares to the FY 1999-2000 commitment of 34.12%. Salaries and wages paid through October 31, 2000 total $7,106,393 or 48.97% of budget, representing a 6.21% increase in dollars but a .24% reduction as measured against the approved budget, when compared to FY 1999-2000. Personal Benefits: The largest account within this category is Group Health, Dental and Life Insurance. To date, 51.63% of the budget has been spent, compared to 49.44% last year. The Village's participation in the managed care programs offered by the Intergovernmental Personnel Benefits Cooperative continue to provide both premium stabilization along with the return of excess cash balances maintained in the benefit fund of the Cooperative. Rates have moderated upward during the period, reflecting broader sector trends in health care costs, which remain a challenge to the Village. Capital Projects and Improvements: Authorizations for capital projects, equipment and improvements total $6,243, 946 or 15.53% of the total budget. Several major capital programs are underway that account for a majority of the authorizations: 1. Major street improvement programs within both the Motor Fuel Tax and Contractual Street Maintenance Funds, which include local annual street maintenance and reconstruction along with major multi-agency street and highway construction programs within Buffalo Grove. 2. The continuation of various capital improvement projects as identified within the Village's FY 2000-2001 through FY 2004- 2005 Capital Improvement Plan. 3. Capital equipment acquisition across departmental budgets, most specifically the annual Reserve for Capital Replacement due Central Garage along with the Reserve for Computer Replacement. Major programs and acquisitions are moving ahead within planned implementation schedules. It is anticipated that the majority of the budget authorizations will not be drawn by year-end with some programs carried forward into FY 2001-2002. Those projects will be noted in the upcoming 5-Year Capital Improvement Plan update. Operating Transfers: This category accounts for 5.17% of the total expense/expenditure budget to provide for transfers between various Village funds for activities performed on behalf of the transferring fund, to provide funding for capital purposes and to supplement debt service funding to account for prior property tax abatements. Debt Service: The majority of Village debt service obligations occur after mid- year. In that the approved budget is developed around established principal and interest schedules for all general obligation or revenue bond indebtedness, the entire budget will be expended by April 30, 2001. The five identified expenditure categories referenced above account for 77.18% of the FY 2000-2001 budget expenditures/expenses. Commodities, which account for an additional 6.83% of budget are heavily skewed with $2,257,550 estimated for payment to County of Lake for sanitary sewer treatment and sewer tap-on fees. In conclusion, based on •the review of revenue and expenditure trends across all fund groups, the Village's overall fiscal operations and policies appear in line with budgetary representations made prior to May 1, 2000. While overall mid-year results are satisfactory, continued review and monitoring of fiscal affairs, with departmental performance reviewed specifically, is warranted due to broad changing economic conditions and growth trends within the Village's service area. This diligence will be necessary in order to insure that an appropriate fiscal condition exists at year-end, along with establishing a basis of thought for the development of the FY 2001-2002 budget. LA) LL cn,r William H. Briml VILLAGE OF BUFFALO GROVE SIX-MONTH FINANCIAL REPORT WITH COMPARISON TO FY 1999-2000 PERIOD FY 2000-2001 AS OF OCTOBER 31,2000 REVENUE/EXPENSE ANALYSIS REVENUE CATEGORY FY 00-01 REVENUE PERCENT REVENUE PERCENT BUDGET 10/31/00 REALIZED 10/31/99 REALIZED PROPERTYTAXES 9,575,872 8,594,197 89.75% 7,620,484 85.24% SALES TAX 5,331,205 2,597,717 48.73% 2,670,937 53.36% INCOME TAX 3,733,423 2,100,768 56.27% 1,944,707 53.86% MOTOR FUEL TAX 1,086,850 630,704 58.03% 525,873 47.87% TRANSFER/H.R.SALES TAXES 2,010,570 1,282,847 63.81% 1,259,472 64.99% TELECOMMUNICATIONS TAXES 1,550,368 829,273 53.49% 664,133 44.85% INTERGOVERNMENTAL TAXES 294,400 179,558 60.99% 184,307 65.43% LICENSES AND PERMITS 652,525 126,561 19.40% 124,655 19.32% DEVELOPMENT FEESIPERMITS 763,980 549,988 71.99% 960,433 183.66% SALES OF WATER 6,028,325 2,540,484 42.14% 2,917,801 45.17% INTERGOVERNMENTAL REVENUE 116,053 62,771 54.09% 93,336 70.53% INTEREST INCOME 3,063,155 1,271,646 41.51% 709,791 26.97% FINES AND FEES 953,300 658,489 69.07% 532,884 65.42% OPERATING TRANSFERS 2,090,280 893,836 42.76% 44,648 1.55% ALL OTHER INCOME 2,952,918 1,893,327 64.12% 1,411,149 50.09% CENTRAL GARAGE RECOVERIES 1,355,538 896,029 66.10% 881,231 69.78% GRAND TOTAL 41,558,762 25,108,195 60.42% 22,545,841 55.64% r EXPENSE CATEGORY FY 00-01 EXPENSE PERCENT EXPENSE PERCENT BUDGET 10/31/00 REALIZED 10/31/99 REALIZED PERSONAL SERVICES 14,512,292 7,106,393 48.97% 6,690,297 49.21% PERSONAL BENEFITS 3,364,116 1,736,807 51.63% 1,592,247 49.44% OPERATING EXPENSES 935,685 397,921 42.53% 342,319 38.59% INSURANCE&PENSIONS 464,678 40,022 8.61% 22,291 4.31% LEGAL SERVICES 228,765 77,491 33.87% 61,814 27.15% COMMITTEES AND COMMISSIONS 31,950 43,252 135.37% 43,489 100.76% COMMODITIES 2,745,583 1,148,002 41.81% 1,203,643 45.26% MBAR-FACILITIES 538,746 254,682 47.27% 287,525 58.33% M&R-WATER AND SEWER 51,000 7,235 14.19% 13,583 28.01% M&R-OTHER 101,365 35,809 35.33% 21,326 21.11% M&R VEHICLES 892,750 362,665 40.62% 279,414 32.36% CAPITAL EQUIPMENT 1,241,252 917,176 73.89% 913,301 112.41% CAPITAL PROJECTS-WATER 430,106 318,172 73.98% (69,566) -20.07% CAPITAL IMPROVEMENTS-STREETS 3,426,155 1,182,701 34.52% 1,090,272 39.39% CAPITAL IMPROVEMENTS-GROUND: 1,146,433 691,652 60.33% 251,971 16.69% DEBT SERVICE 4,827,313 1,989,496 41.21% 1,396,449 24.58% OPERATING TRANSFERS 2,077,160 926,536 44.61% 164,712 5.44% ALL OTHER EXPENSES 3,184,697 1,700,175 53.39% 2,286,513 75.16% GRAND TOTAL 40 200,046 18,936,187 47.10% 16,591,6W 41.64% HISTORIC COMPARISON-REVENUE REALIZED AT 10131 FISCAL.YEAR BUDGET ACTUAL PERCENT CHANGE 2000-2001 41,558,762 25,108,195 60.42% 11,37% 1999-2000 40,524,387 22,545,841 55.64% -0.24% 1998-1999 39,422,366 22,600,553 57.33% -7.88% 1997-1998 43,317,086 24,533,901 56.64% 13.21% 1996-1997 41,316,316 21,672,012 52.45% 9.05% 1995-1996 34,163,870 19,874,273 58.17% 11.66% 1994-1995 30,496,933 17,799,073 58.36% 0.79% 1993-1994 29,719,767 17,659,625 59.42% 6.75% 1992-1993 28,906,785 16,543,353 57.23% 8.53% 1991-1992 27,128,183 15,243,326 56.19% -3.64% 1990-1991 27,027,922 15,819,443 58.53% 9.67% 1989-1990 26,569,821 14,424,756 54.29% 2.00% 1988-1989 22,204,841 14,141,439 63.69% 13.07% 1987-1988 20,083,947 12,506,458 62.27% 1.01% 1986-1987 17,780,145 12,380,848 69.63% 34.13% 1985-1986 15,836,401 9,230,452 58.29% 20.14% 1984-1985 13,565,467 7,683,323 56.64% 40.46% 1983-1984 10,519,144 5,470,153 52.00% 5.17% 1982-1983 8,736,907 5,201,044 59.53% 25.37% 1981-1982 7,951,148 4,148,476 52.17% - HISTORIC COMPARISON-EXPENSE INCURRED AT 10131 FISCAL YEAR BUDGET ACTUAL PERCENT CHANGE 2000-2001 40,200,046 18,936,187 47.10% 14.13% 1999-2000 39,844,282 16,591,600 41.64% 9.26% 1998-1999 37,765,960 15,185,896 40.21% -5.62% 1997-1998 42,819,026 16,089,574 37.58% -0.57% 1996-1997 42,459,595 16,181,531 38.11% 13.63% 1995-1996 38,072,179 14,240,115 37.40% -1.49% 1994-1995 36,848,942 14,455,525 39.23% 1.17% 1993-1994 37,217,106 14,287,711 38.39% 8.65% 1992-1993 32,810,634 13,150,502 40.08% -3.55% 1991-1992 37,040,378 13,634,563 36.81% -2.75% 1990-1991 39,205,836 14,020,007 35.76% -6.63% 1989-1990 40,236,034 15,016,088 37.32% 17.85% 1988-1989 40,028,307 12,741,908 31.83% 17.30% 1987-1988 37,069,897 10,862,223 29.30% 10.27% 1986-1987 30,464,052 9,850,308 32.33% 18.69% 1985-1986 16,505,887 8,299,381 50.28% 33.11% 1984-1985 15,408,651 6,235,133 40.47% -13.25% 1983-1984 16,767,612 7,187,088 42.86% 25.54% 1982-1983 11,693,331 5,724,905 48.96% 49.19% 1981-1982 10,406,227 3,837,309 36.880/6 - Board Agenda Item Submittal Ix-A Requested By: Steven D Husak Entered By: Phillip W Versten Agenda Item Title: Saved By the Belt Awards and Seat Belt Coloring Contest Award Winners Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/16/2000 11/20/2000 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The Buffalo Grove Police Department wishes to present two traffic safety related items: 1) THANKFUL THANKSGIVING: "SAVED BY THE BELT" The Buffalo Grove Police Department wishes to recognize area residents that were involved in recent crashes and were saved from serious injury because they wore their safety belts. The following residents are welcomed into the Village's "Saved By the Belt" club. Recognized are: Judy Morrel, who was wearing her seat belt when her car collided with a car that pulled out in front of her. Marvin Sanderman, who was wearing his seat belt when his car was rear- ended. Graeme Buchanan, who was wearing his seat belt when a car pulled out in front of him. Barbara Quinlan, who was wearing her seat belt when her air bag deployed in a crash with a car that turned left in front of her. Norbert Johan, who was wearing his seat belt when a landscaping truck ran head on into his vehicle. 2) THANKSGIVING COLORING AND POSTER CONTESTS As part of our ongoing commitment to educate children to the importance of wearing their safety belts, we conduct coloring and poster contests during the year. The Thanksgiving seat belt safety coloring contest featured a Thanksgiving turkey with a A Buckle Up@ message. Two winners received a $50 U.S. Savings bond donated by the First Midwest Bank, 555 West Dundee Road, Buffalo Grove. The Thanksgiving seat belt safety poster contest gave the children the opportunity to creat their own message about using seat belts properly. Two winners also received a $50 U.S. Savings bond donated by the First Midwest Bank. Our safety programs work because of the generosity of many of our local merchants and banks. Thank you First Midwest! Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal Ix-B Requested By: Thomas C Allenspach Entered By: Thomas C Allenspach Agenda Item Title: Citizen Fire Academy Graduation Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/06/2000 11/20/2000 0 Regular Agenda Fire 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Congratulations to the following members of the the fifth Citizen Fire Academy class who will receive their certificates of graduation: 1. BARRY CHERNY 2. LAUREN CHERNY 3. BILL BRIMM 4. WILLIAM DE SHON 5. CAROL ANN GAC 6. KATHIE GAC 7. KATHLEEN JAMISON 8. STEVE LIEBER 9. ART MALINOW SKI 10. BERNARD MARGOLIS 11. ALLAN MAYER 12. STACY ROSEN 13. DEREK SENDER 14. RONALD THORESEN 15. MARK WEIL 16. PAMELA WEINER Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal Ix-C Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Public Hearing:Amendment of annexation agreement to allow Voice Stream Wireless to construct a wireless communications tower of 100 feet on the Cotey property,northeast corner of Milwaukee Ave/Estonian Lane Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: ❑ Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda Planning ❑ None Does this item Does this item include Specify Other: Will AV equipment be Type ofAV Needed: relate to another additional reference ❑ Hardcopy Distribution required to present item on the info separate from the this item to the agenda? Board packet? El Trustee Lounge El Clerk's El Video Clerk's Office ❑ Computer El Other ❑ Doc Camera Yes ❑ No Yes ❑ No Yes ❑ No Exhibits can be accessed ❑ Easel in: ❑ Other Item Description Will this action involve an expenditure in ❑ Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The site was annexed in 1987 and approved for construction of a furniture store. Development of the store is no longer feasible according to William Cotey, the owner of the property. Mr. Cotey proposes to lease a portion of the property to VoiceStream Wireless for construction of a wireless communications tower of 100 feet. The property, approximately 3.56 acres, is zoned B-4 and designated on the Village Comprehensive Plan for commercial use. The petition includes a request for zoning variations to allow a setback of 92 feet from the north property line and to allow a height of 100 feet. The B-4 District requires a setback at least equal to the height of the structure when the site abuts residentially zoned property. The property north of the site is zoned Estate by Lake County. The B-4 District allows a maximum building height of 45 feet. A communications tower is a special use in the B-4 District. The site plan indicates that the tower will be setback 385 feet from Milwaukee Avenue and 266 feet from the east property line. The plan also notes that the nearest residence is 317 feet from the center of the proposed tower. The Plan Commission held a public hearing on October 18, 2000 to consider the request for a Special Use and approval of a Preliminary Plan. The Commission voted 6 to 0 to recommend approval of the tower at a height of 100 feet. The original request was for a height of 140 feet. The draft annexation agreement and exhibits and related documents, the Plan Commission minutes and a location map are attached. Please note that the letter from the Village of Riverwoods was submitted based on a proposed height of 140 feet. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files u . Location Map44.PDF El notice.pdf El ANNEXAGRMT.PDF El PCMINSOCT18.PDF El Ex' C. df u . ExhD.b Pro ma s.pdf u . FCC.pdf El Appraisal. df Riverwoods.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: MB6pJ jBLISHED 11/4/2000 VOICESTREAM-PROPOSED WIRELESS ��jj�� COMMUNICATIONS MONOPOLE TOWER, COTEY PROPERTY,MILWAUKEE AVENUE/ BIM "GROOVE ESTONIAN LANE ■ Fifty Raupp Blvd. Buffalo Grove, IL 60089-2196 Fax 847-459-7906 Village Planner NOTICE OF PUBLIC HEARING Robert E. Pfeil 847-459-2518 rpfeil@vbi?.org PUBLIC NOTICE IS HEREBY GIVEN that a Public Hearing y will be held b the President and Board of Trustees of the Village of Buffalo Grove on Monday,November 20, 2000 at 7:30 P.M. in the Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard,Buffalo Grove, IL to discuss the following matter: SUBJECT: Petition to the Village of Buffalo Grove for amendment of an annexation agreement dated February 23, 1987 and approval of a Special Use in the B-4 District for construction of a wireless communications monopole tower with the following variations: ZONING ORDINANCE- Section 17.44.050.G.2. (to allow a setback distance from a residential district boundary to be less than the height of the structure(92 feet to the north property line));Section 17.44.050.H. (to allow a structure to exceed the district maximum height standard of 45 feet). The petitioner proposes to construct a monopole antenna with a height of 100 feet and equipment cabinet for a wireless communications facility. APPLICANT: VoiceStream Wireless 1375 East Woodfield Road, Suite 400 Schaumburg, IL 60173 SUBJECT PROPERTY LEGAL DESCRIPTION: COTEY PROPERTY: PARCEL ONE: Lots 6 and 7 in McKnight's Resubdivision of part of Lot 4 of Tripp's Subdivision in part of Section 26, Township 43 North, Range 11, East of the Third P.M., according to the plat of said Resubdivision, recorded May 29, 1957 as Document 952251, in Book 1543 of Records,page 603, and as amended by Certificate of Correction recorded October 28, 1964 as Document 1244023, in Lake County, Illinois, and also: PARCEL TWO: That part of Lot 4 in Tripp's Subdivision of Section 26 and 27, Township 43 North, Range 11,East of the 3rd P.M., according to the plat thereof,recorded April 21, 1894, as Document 58422, in Book"C"of Plats, page 80,described as follows: Beginning at a point in said Lot 4, 6 rods and 3 1/2 feet North of the South Line thereof and 20 rods East of the center Line of Milwaukee Road, said center line being the Westerly line of said Lot 4;thence North 5 rods;thence West on a line parallel with the South line of said lot 4 to the center line of said Milwaukee Road to a point 10 rods South of the East and West line above described(being the North boundary of the parcel of the land herein described)thence East to a point 5 rods South of the place of beginning;thence North to the place of beginning (except that part thereof conveyed to the State of Illinois by Instrument recorded July 9, 1973 as Document 1623217, in Lake County, Illinois. 2 NECKER PROPERTY: That part of the south half of Section 26,Township 43 North,Range 11 East of the Third Principal Meridian, described as beginning at the northwest corner of Lot 5 in"Tripp's Subdivision"as shown by the plat thereof recorded in the Recorder's Office of Lake County,Illinois in Book"C"of plats,page 80;thence east along the north line of said Lot 5, 472.6 feet;thence south (forming a southwest angle with said north line of Lot 5 of 90 degrees,47 minutes)451.6 feet;thence west parallel to said north line of Lot 5, 366.8 feet more or less to the west line of said Lot 5;thence northerly along said west line of Lot 5, 464.4 feet to the place of beginning;together with that part of Estonian Lane, lying north of and adjacent to the above described property (except that part of the parcel herein described lying within the right-of-way of Milwaukee Road) in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.93 acres on the east side of Milwaukee Avenue at Estonian Lane, including the 3.5-acre tract at the northeast comer of Estonian Lane and Milwaukee Avenue known as the Cotey property. Documents submitted by the applicant concerning this petition are on file with the Village Clerk and the Division of Planning Services, 50 Raupp Boulevard and may be examined by any interested persons. All persons present at the public hearing will be given an opportunity to be heard. Dated this 2nd day of November, 2000. JANET M. SIRABIAN Village Clerk Village of Buffalo Grove 11/16/2000 AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE COTEY PROPERTY VoiceStream Wireless Wireless monopole communications tower Northeast corner of Milwaukee Avenue/Estonian Lane This agreement made and entered into this 20th day of November, 2000 by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village(hereinafter collectively referred to as the "Corporate Authorities") and William Cotey (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS,the Village passed Ordinance 87-18 approving an annexation agreement dated February 23, 1987 for the Property as legally described in EXHIBIT A attached hereto; and, WHEREAS,the Property is zoned in the B-4 Business Services and Wholesale District and was approved for construction of a furniture store as depicted on the Preliminary Plan (Exhibit D) of the annexation agreement dated February 23, 1987; and, WHEREAS, Cook Inlet/VoiceStream Operating Company, L.L.C, a Delaware limited liability company, as lessee of a portion of the Property and hereinafter referred to as the "Developer," and the Owner have petitioned to the Village to amend the Preliminary Plan and to grant a special use for construction of a wireless communications monopole tower pursuant to the following EXHIBITS: EXHIBIT A Legal Description 2 EXHIBIT B Site Plan (Sheet C-1) dated as last revised November 3, 2000 by CE Design, Ltd. EXHIBIT C Tower and Antenna Elevations (Sheet ANT-1) dated as last revised November 3, 2000 by CE Design, Ltd. GROUP Photo simulations of tower appearance from adjacent EXHIBIT D properties WHEREAS,the Plan Commission held a public hearing and determined that the criteria for a Special Use, including variations of the Zoning Ordinance, as set forth in Section 17.28.040 of the Village Zoning Ordinance have been met, and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. That the preceding Whereas clauses are incorporated herein. 2. That certain "Cotey/Necker Annexation Agreement" dated February 23, 1987 approved by Ordinance 87-18, be and is hereby amended as follows: A. Paragraph 4. Enactment of Zoning Ordinance Said B-4 zoning and Special Use for a wireless communications tower of 100 feet in height shall be further conditioned on the development of the Property in accordance with Preliminary Plan (Site Plan) dated as last revised November 3, 2000 attached hereto as EXHIBIT B and also in accordance with EXHIBITS C and D attached hereto. B. Paragraph 17. Right-of-wav Dedication 3 At the request of the Village,but no later than upon approval of the final plat of subdivision, the Owner agrees to dedicate such additional right-of-way along Milwaukee Avenue as may be required to permit the widening of Milwaukee Avenue to include 75 feet of right-of-way from the centerline. C. Paragraph 26. Special Conditions D. 1. The Owner and Developer at their cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. The Village shall cooperate with the Owner in said litigation but Owner's counsel will have principal responsibility for such litigation. 2. The Owner shall reimburse the Village for reasonable attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning and development of the Property or in the enforcement of any of the terms of this Annexation Agreement upon a default by the Owner and/or Developer. 3. Owner and Developer hereby indemnify and hold the Village harmless from any actions or causes of action,which may arise as a result of development activities for which the Owner and Developer are responsible. E. The following variations to the Village's Zoning Ordinance are hereby granted pursuant to EXHIBITS B and C: Section 17.44.050.G.2. - To allow a structure to be setback from a residential district boundary a distance less than the 100-foot height of the structure (92 feet to the north property line); Section 17.44.050.H. - To allow a structure (100 feet in height) to exceed the district maximum height standard of 45 feet. F. Owner and Developer shall provide the Village with documentation that all applicable Federal Communications Commission (FCC) 4 approvals and permits have been obtained prior to use of the tower and antenna facility by any communications provider. G. Owner and Developer shall allow use of the tower facility by the Village for public communications purposes, and the Village will not be required to pay any leasing fees for said use. H. Owner and Developer shall encourage use of the antenna facility location by multiple communications providers in order to minimize the number of antenna facilities in the area adjacent to the Property. Any such co-location shall require approval by the Village. L In the event that the tower facility is constructed and subsequently not used by any communications provider for a period of two years, said tower facility and related equipment cabinets and platforms shall be removed from the Property at the direction of the Village and at the cost of the Owner. J. It is understood and agreed that the Village Fence Code does not allow barbed wire fencing. K. Owner shall provide a public access easement on the Property at the request of the Village for the purpose of constructing a public bikepath. The location of said easement shall be determined by the Village. L. Owner shall repair and overlay Estonian Lane as directed by the Village Engineer. The Owner's cost of said repair and overlay shall not exceed $50,000.00. M. The Village shall take appropriate action to vacate that portion of Estonian Lane falling within or abutting the Property, provided that as a condition thereof, Owner grants a non-exclusive perpetual easement for ingress and egress over and across said vacated right-of- way and the Property for the benefit of the properties located east and 5 south thereof. Owner shall provide public access easements and utility easements on the Property as required by the Village, and said easements shall be delineated on the plat of subdivision of the Property or other document as required by the Village. N. It is understood and agreed that VoiceStream intends to provide wireless communications service on the Property by January 1, 2001. In the event that the Village is not able to issue a full building permit prior to said date, the Village will consider issuing a permit for temporary communications equipment. Said equipment shall be removed from the Property by February 1, 2001. Developer shall provide a bond in the amount determined by the Village to ensure removal of said temporary equipment. O. The provisions and requirements of the annexation agreement dated February 23, 1987 remain in full force and effect on the Property unless specifically modified by this amended Agreement. IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE By ELLIOTT HARTSTEIN, Village President ATTEST: By VILLAGE CLERK OWNER: By William Cotey 6 DEVELOPER: By VoiceStream Wireless Prepared by Robert E.Pfeil,Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 7 EXHIBIT A Legal Description VoiceStream Wireless The Cotey property Northeast corner of Milwaukee Avenue/Estonian Lane COTEY PROPERTY: PARCEL ONE: Lots 6 and 7 in McKnight-s Resubdivision of part of Lot 4 of Tripp-s Subdivision in part of Section 26, Township 43 North, Range 11, East of the Third P.M., according to the plat of said Resubdivision,recorded May 29, 1957 as Document 952251, in Book 1543 of Records,page 603, and as amended by Certificate of Correction recorded October 28, 1964 as Document 1244023, in Lake County, Illinois, and also: PARCEL TWO: That part of Lot 4 in Tripp-s Subdivision of Section 26 and 27, Township 43 North, Range 11, East of the 3rd P.M., according to the plat thereof,recorded April 21, 1894, as Document 58422, in Book•C• of Plats,page 80, described as follows: Beginning at a point in said Lot 4, 6 rods and 3 • feet North of the South Line thereof and 20 rods East of the center Line of Milwaukee Road, said center line being the Westerly line of said Lot 4; thence North 5 rods; thence West on a line parallel with the South line of said lot 4 to the center line of said Milwaukee Road to a point 10 rods South of the East and West line above described(being the North boundary of the parcel of the land herein described)thence East to a point 5 rods South of the place of beginning; thence North to the place of beginning (except that part thereof conveyed to the State of Illinois by Instrument recorded July 9, 1973 as Document 1623217, in Lake County, Illinois. NECKER PROPERTY: That part of the south half of Section 26, Township 43 North, Range 11 East of the Third Principal Meridian, described as beginning at the northwest corner of Lot 5 in •Tripp-s Subdivision- as shown by the plat thereof recorded in the Recorders Office of Lake County, Illinois in Book •C• of plats,page 80; thence east along the north line of said Lot 5, 472.6 feet; thence south (forming a southwest angle with said north line of Lot 5 of 90 degrees, 47 minutes) 451.6 feet; thence west parallel to said north line of Lot 5, 366.8 feet more or less to the west line of said Lot 5;thence northerly along said west line of Lot 5, 464.4 feet to the place of beginning;together with that part of Estonian Lane, lying north of and adjacent to the above described property (except that part of the parcel herein described lying within the right-of-way of Milwaukee Road) in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.93 acres 8 on the east side of Milwaukee Avenue at Estonian Lane, including the 3.5-acre tract at the northeast corner of Estonian Lane and Milwaukee Avenue known as the Cotey property. REGULAR MEETING BUFFALO GROVE PLAN COMMISSION October 18, 2000 VoiceStream Wireless, Proposed wireless communications tower (monopole of 140 feet) and equipment cabinet, the Cotey property, northeast corner of Milwaukee Avenue/Estonian Lane,Approval of a Special Use and Preliminary Plan in the B-4 District Village of Buffalo Grove,Arboretum Golf Course, Proposed Clubhouse, maintenance facility and site improvements, 401 Half Day Road,Amendment of a Special Use and Preliminary Plan in the R-8 District—Workshop #1 Chairman Ottenheimer called the meeting to order at 9:20 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr.Trilling Mr. Feldgreber Mr. Panitch Mr. Smith Commissioners absent: Ms. Dunn Also present: Mr. William Brimm, CFO, Village of Buffalo Grove Mr. Evert Lindberg, Sente & Rubel Ms. Mary Abelmann, Sente & Rubel Mr. Don Jones, MTI Mr. Mark Harrison, Landscape Architect Mr. Frank Childers Mr. Carmen Molinaro, Buffalo Grove Golf District Mr. Rick Reed, Buffalo Grove Golf District APPROVAL OF MINUTES Moved by Commissioner Samuels, seconded by Commissioner Smith to approve the minutes of the regular meeting of September 20, 2000. All Commissioners were in favor of the motion and the motion passed unanimously with Chairman Ottenheimer and Commissioner Feldgreber abstaining. Buffalo Grove Plan Commission-Regular Meeting-October 18, 2000-Page 1 COMMITTEE AND LIAISON REPORTS Commissioner Samuels attended the Village Board meeting on October 16, 2000 and stated there were two items relevant to the Commission. The first was the Praedium development which has apparently lost the larger tenant that they had sought at that property and are seeking to change the facade of the building. The board found that to be a major change and it will be sent back to the Plan Commission for a recommendation with regard to the change that is being requested. The second item was a referral to the Plan Commission regarding an amendment of a Special Use and Preliminary Plan in the R-1 District for some construction at St. Mary's school and church. VOICESTREAM WIRELESS, PROPOSED WIRELESS COMMUNICATIONS TOWER (MONOPOLE OF 140 FEET) AND EQUIPMENT CABINET, THE COTEY PROPERTY, NORTHEAST CORNER OF MILWAUKEE AVENUE/ESTONIAN LANE, APPROVAL OF A SPECIAL USE AND PRELIMINARY PLAN IN THE B-4 DISTRICT Moved by Commissioner Samuels, seconded by Commissioner Trilling to recommend approval to the Village Board of the petition for a Special Use in the B-4 District for construction of a wireless communications monopole tower with the following variations: ZONING ORDINANCE—Section 17.44.050.G.2. (to allow a setback distance from a residential district boundary to be less than the height of the structure (92 feet to the north property line); Section 17.44.050.H. (to allow a structure to exceed the district maximum height standard of 45 feet), for construction of a monopole tower with a height of 140 and equipment cabinet for a wireless communications facility,pursuant to the evidence and exhibits produced at the public hearing and the testimony given in support thereof. Ms. Sullivan stated they would like to amend their petition to construction of a 100 foot monopole. Chairman Ottenheimer asked if he hears a motion based upon the amendment proposed by the petitioner. Commissioner Samuels stated he will restate the motion to reflect 100 feet in height in lieu of 140 feet. Commissioner Feldgreber asked to see a photograph and how the 40-foot reduction would look. Ms. Sullivan noted the total height of the antennas are six feet so that can be used to visually walk down the tower. Mr. Raysa suggested the motion to close the public hearing and reopen the public hearing in order to submit additional testimony. Buffalo Grove Plan Commission-Regular Meeting-October 18, 2000-Page 2 Chairman Ottenheimer noted he understands the suggestion but is not sure there is a desire to do that. But if need be, they can do that. Commissioner Feldgreber stated he was satisfied and could figure out the height issue. Ms. Sullivan noted the motion reads 92 feet away from the closest residential structure, however, it is actually 92 feet to the property line. Commissioner Trilling stated he understands the need for this and feels the developer has fulfilled a need by the residents and will therefore support this motion. Chairman Ottenheimer called for a vote on the motion the vote was as follows: AYES: Samuels, Trilling, Feldgreber, Panitch, Smith, Ottenheimer NAYES: None ABSENT: Dunn ABSTAIN: None The motion passed 6 to 0. Buffalo Grove Plan Commission-Regular Meeting-October 18, 2000-Page 3 DRAFT PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION October 18, 2000 VoiceStream Wireless, Proposed wireless communications tower (monopole of 140 feet) and equipment cabinet, the Cotey property, northeast corner of Milwaukee Avenue/Estonian Lane,Approval of a Special Use and Preliminary Plan in the B-4 District Chairman Ottenheimer called the hearing to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Trilling Mr. Feldgreber Mr. Panitch Mr. Smith Commissioners absent: Ms. Dunn Also present: Ms. Charity Sullivan, VoiceStream Wireless Mr. Paul Bongaarts, VoiceStream Wireless Ms. Deborah Barrett, VoiceStream Wireless Mr. Aaron Knight, VoiceStream Wireless Mr. Jeffrey Berman, Village Trustee Mr. William Raysa, Village Attorney Mr. Richard Kuenkler, Village Engineer Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Cotey property monopole at 140 feet, initial proposal Exhibit 2: Cubby Bear Sprint pole at 95 feet Exhibit 3: 90 foot pole rejected due to coverage east of ring Exhibit 4: Cell One pole at 85 feet rejected due to height Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 1 Exhibit 5: 130 pole rejected due to coverage east of ring Exhibit 6: Ameritech tower located at Milwaukee & Lake Cook Road with inadequate coverage of Milwaukee Avenue and northwest and northeast, rejected due to shadowing of one of the sectors Exhibit 7: Photograph of property east of subject looking west toward 140-foot monopole Exhibit 8: Photograph of property east of subject looking west Exhibit 9: Photograph of second house closest to Estonian Lane, backyard of Riverwoods residence, southeast of subject looking north Exhibit 10: Photograph of Riverwoods property southeast of subject looking northwest Exhibit 11: Photograph of property south of subject looking northeast Exhibit 12: Photograph of property north of subject looking southeast Exhibit 13: Site plan, including propagation maps, monopole tower elevation and detail of cabinet platform, dated September 25, 2000 Exhibit 14: Letter dated October 17, 2000 from William S. Kaplan, Mayor of Riverwoods to the Buffalo Grove Planning Commission Exhibit 15: Revised proposal of monopole at 100 feet Ms. Charity Sullivan stated VoiceStream is a leader in personal communication systems in the western United States. She stated they utilize the global systems for mobile communications which is a European technology. They are publicly traded on the Nasdaq and they recently purchased an FCC license to build their network in the Chicagoland area. She stated they worked closely with the Village to ensure that drainage and tree issues were addressed. Ms. Sullivan stated this is a 3.5 acre parcel and they will be building on a 50 x 50 foot leased area which will be surrounded by an 8 foot chain link fence and they will be adding a 12 x 149 foot long paved access road. Ms. Sullivan stated the engineers looked at this site to determine if it was adequate and fit into the rest of the network. This location is ideal because it covers the Milwaukee Avenue corridor, which is becoming a major commercial thoroughfare. She stated they looked at the Sprint tower in the Cubby Bear location. This would be adequate coverage for Milwaukee Avenue, however, they were unable to secure a ground lease for that area. Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 2 The 90-foot pole just south of Aptakisic Road was rejected because they need to locate at 140 feet. This pole does not adequately cover the Milwaukee Avenue corridor. There is an 85-foot tower located at Milwaukee and Lake Cook Road, which was also rejected for the same reason. Another 130-foot pole was also rejected because it is too close and there is duplicate coverage to the south and does not have adequate coverage for Milwaukee Avenue and east of Milwaukee Avenue. Ms. Sullivan then reviewed photographs of the property with projected monopole. She noted she spoke with the gentleman at the property who was told they were taking pictures for a proposed monopole. She further noted the gentleman did not seem opposed in any way to a monopole. They had conversations with several residents who did not seem overly opposed to a monopole. Ms. Sullivan noted they have submitted an engineering plan to the Village Engineer and it addresses issues concerning the flood plain. They have accounted for the fact that this property is in the flood plain by locating all equipment 30 inches above the flood line, which is required by the ordinance. Ms. Sullivan reviewed the Special Use criteria noting as follows: 1. VoiceStream does adequately answer the issue of serving the public convenience at the proposed location. The establishment or operation of the special use will not be detrimental to the public health, safety, morals, comfort or general welfare. Without this site there would be unreliable coverage. In addition other carriers or emergency equipment could be located on this tower so it would be utilized and reduce the need for other towers in the area. Milwaukee is a developing commercial corridor and this is a similar commercial development. It is maintained only once every few months and this would be between the hours of midnight and 6:00 a.m. and is an unmanned site, which will not create additional traffic. 2. The proposed development will be located in a clearing on the property so it will only require the removal of a few trees, with nothing over 6 inches in diameter. 3. The site is located in a B-4 district and the developer meets the requirements of the transitional yard, 12 foot minimum buffer, 6 foot minimum fence and additionally there is no correlation between property values and wireless facilities as cited in a court case in Barrington. 4. The development will not impede, substantially hinder, or discourage the development and use of adjacent land and buildings as it is in compliance with the zoning and the surrounding area. Since the monopole is a vertical element, it will have very little visual impact. 5. Adequate utilities, access roads, etc. will be provided. There will be a 12 foot paved access road which meets the criteria of the ordinance. Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 3 6. Parking is not an issue as this is an unmanned site. Ms. Sullivan reviewed the variation requests, noting that the first variation is a height variance. Maximum height in this zone is 45 feet and they are requesting a 140-foot monopole. The second variance is a setback from a property line. The closest property line to the north is unincorporated Lake County which is 92 feet from the pole which is supposed to be 100 percent and they are therefore asking for a variance for that. Mr. Brian Meltzer, 2 Metawa Lane, Riverwoods, stated the Board of the Village of Riverwoods has authorized the residents of Meadowlake to speak on behalf of the Village on this issue. He read a letter from the Mayor of Riverwoods to the Buffalo Grove Planning Commission in opposition to the approval of the construction of a 140-foot monopole on the Cotey property. He further noted that most of the residents of Meadowlake oppose this monopole. The fact that these people did not object when someone took pictures of their yards means nothing at all. In addition, he felt that the pictures presented which superimposed the monopole were shown in the best light when in actuality it would be much more unattractive and overbearing. However, the greatest concern is the precedential effect of what is being asked for here. There is no need to allow this monopole adjacent to a residential subdivision. The next time a company comes along and wants to put up a monopole next to a residential subdivision in Buffalo Grove, they would have to contend with the argument that this has already been done. Mr. Matthew Eisenstein, 5 Metawa Lane, Riverwoods, stated he is a representative of the Meadowlake Homeowner's Association. He stated the pictures presented with the superimposed monopole are flattering pictures. The residents in this subdivision are vehemently opposed to the construction of this monopole. Allowing someone to take pictures of the subdivision does not construe approval of such construction. He asked what would prevent VoiceStream from putting up several cell towers along Milwaukee Avenue at a lower level to give them sufficient coverage rather than imposing a huge tower upon an entire subdivision which appears to benefit only the one person who owns the property and derives the income from same. Ms. Judy Lefferdink, 4 Metawa Lane, Riverwoods, stated she allowed the VoiceStream people to take pictures behind her house. This in no way endorsed approval for the proposed development. Ms. Sullivan stated the trees in the area are approximately 50-60 feet tall and they must be above the trees. Additionally, they decided to request 140 foot height because the ground elevation and height of the antennas need to be able to "talk" with the neighboring antennas and 140 feet was judged as adequate to be able to communicate with the surrounding area. Ms. Sullivan stated the propagation maps show this one tower will adequately cover Milwaukee Avenue as it ties in with the rest of the network. Additionally, there was a Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 4 letter by the Village IT person stating that this tower could be beneficial to the Village if they could locate their radio emergency equipment on the tower. Ms. Sullivan stated this tower is also co-locatable so additional carriers could locate on the monopole and since it is a special use permit, it will be done on a case by case basis and anyone wishing to put up this kind of monopole, they would have to go through this process, Ms. Sullivan noted they are actually a third generation carrier and the older carriers are putting up shorter towers because they are doing infill of their networks and they have judged they do not need as high a monopole in their particular area. In this area VoiceStream needs a 140-foot monopole. Mr. Eisenstein stated he did not feel the response covered why VoiceStream could not do the same thing with a series of towers on Milwaukee Avenue at a lower level on existing poles. Would the same area coverage be achieved with a series of smaller towers as opposed to covering the same area with a single large tower. Mr. Paul Bongaarts of VoiceStream stated that when they design a cellular network they take an entire area and issue search rings. They then need to take their spectrum and divide it up into frequencies. These frequencies cannot overlap so they have a frequency reuse pattern which means there are three frequencies or more per search ring. When you get two sites in an area where you had only planned for three frequencies then you start getting problems with interference, etc. Mr. Eisenstein asked if there was a way to plan this development to avoid the need for a single 140-foot tower. Mr. Bongaarts reviewed the existing towers as presented previously by Ms. Sullivan. Ms. Sullivan stated he is basically trying to demonstrate that if they do locate at the candidates they had proposed, they were all rejected due to inadequate height. If they did locate on each one of these poles, it still would not give them adequate coverage. Mr. Bongaarts noted they want to provide the same quality of service whether it is in the car, sidewalk or in the house. Trustee Berman asked if the only reason the Cubby Bear site was rejected was because of insufficient ground area. Ms. Sullivan stated they have a letter stating the owner is unwilling to give VoiceStream the necessary ground space. Trustee Berman asked again if the only reason that 95-foot tower was rejected was due to the lack of ground space and if the height of 95 feet was sufficient for their needs. Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 5 Ms. Sullivan noted there was some duplication at this site and the proposed Cotey property development has a lot less coverage. Trustee Berman noted Exhibit 2 states "site rejected due to inadequate ground space". He asked again if the coverage was sufficient on that tower at 95 feet for the needs of VoiceStream. Ms. Sullivan stated it is sufficient. Trustee Berman asked what it is about the Cotey property that requires it to be another 45 feet high when it is only 100-200 yards away. Ms. Sullivan stated they are actually requesting 140 feet for additional carriers as well and their ideal position on that tower is at 140 feet. Trustee Berman asked if there could be a co-locator if the tower was built at 100 feet. Ms. Sullivan stated that would depend on the carrier coming on. Trustee Berman asked if it was fair to assume that a 100-foot tower would be adequate to meet their needs. Mr. Bongaarts stated 100 feet would be adequate but no one could go below 100 feet as the trees are about 60 feet high in that area. As the antenna beam starts to get too close to the tree line, it interferes with the near field of the antenna, which causes problems with propagation in the far field. That is why 140 feet is requested as that would suit their needs best and allow additional carriers to co-locate at 130 or 100 feet. Mr. Raysa asked how many other carriers could co-locate at this tower. Ms. Sullivan stated two additional carriers could co-locate. Commissioner Samuels asked if the Village would need to amend the annexation agreement for the property or would it simply be a rezoning now that it is annexed. Mr. Raysa stated they would amend the annexation agreement. Commissioner Samuels asked if there had been negotiation with the Village of Riverwoods at the time of the entry into the annexation agreement. Mr. Pfeil stated he was not involved in that annexation, however, the previous plan was for a furniture store, which was not built for various reasons. The proposed plan is a substantial change from the approved plan, which is why it was considered appropriate to amend the annexation agreement. He noted that the preliminary plan approved in1987 is basically unbuildable at this point because of floodplain regulations. Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 6 Commissioner Panitch asked if there were other sites looked into that are not currently present with towers. Ms. Sullivan noted that for this area those were the candidates that were within the search ring. Other landlords were spoken to, but these were the existing towers. Commissioner Panitch asked if there were other non-existing tower locations considered. Ms. Sullivan stated yes, although they were rejected for various reasons. Commissioner Trilling asked how many other voice data wireless carriers are there in the Chicagoland market. Ms. Deborah Barrett of VoiceStream stated they are the seventh carrier to this market. There are now carriers coming out with broad band wireless which is the wireless Internet service. In terms of allowing VoiceStream to build a structure that can accommodate more than just their own equipment, the Village could alleviate issuing two more special use permits in the future. The capacity issues in this market force the carriers to have to add sites. Ms. Barrett stated the reason they cannot build several smaller, shorter towers is because zoning is extremely restrictive in the Chicagoland market. The first site of choice for VoiceStream is an existing structure and their engineers try to design around whatever is existing at that time. Unfortunately, the sites they originally consider are not always available because they do not do all the due diligence that is required to determine if the site will really work for them. She further noted that building several small towers in the community would not solve the problem facing the residents because multiple towers will be a bigger impact on the community than one tower that can accommodate three carriers. In allowing them to build what they need and leaving preferable elevations you are reducing the proliferation of towers in this community. Commissioner Trilling asked if broad band technology allows for greater distancing between towers. Ms. Barrett stated it is hard to group all of the carriers together and say that they can all use the same elevations and distances between towers because it is like comparing apples to oranges. Some of the carriers who have built towers in or near this particular location are at lower elevations. The technology they are utilizing may not require that they be at a higher elevation or their surrounding sites may be at a lower elevation. She stated it is her understanding that broad band does have a little more flexibility in terms of distance. Mr. Bongaarts basically noted that the lower the frequency the fewer the towers. Commissioner Panitch asked how many additional carriers could be located on a 100-foot pole. Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 7 Ms. Sullivan stated that would be up to each individual carrier. At a 100-foot tower VoiceStream would locate at the top and a 10-foot separation between antennas is required and they could locate below that. Commissioner Feldgreber asked if 1900 megahertz was the lowest frequency they could get or choose. Ms. Barrett stated the license was issued by the FCC and they actually picked up the C license in this market. A carrier had purchased that license on pocket communications. They have since gone bankrupt and the license was reoptioned so it was not their choice but rather something they were given by the government. Commissioner Feldgreber noted they are trying to figure out how all this would work by lowering the pole as low as possible to make everyone happy. Ms. Barrett noted that their standard separation with other carriers in this market is 10 foot tip to tip. Therefore, depending on the size of the carrier's antenna, that would be what the elevations would be. They could not tell tonight where exactly they could get people on the tower. However, it is safe to say that anything getting close to the tree line is going to be at risk and it is problematical if any carrier would accept that compromise elevation. Commissioner Smith asked for more details on the Barrington court case previously mentioned. Ms. Sullivan stated there was a case in Barrington where the residents sued the Village due to a tower being located there and they felt their property values would be lowered. Ms. Barrett noted some residents did file suit against the Village of Barrington where a tower was located at the North Barrington Village hall. The opinion came down in favor of the Village, however, they do not have a final determination or order on that case as yet. Commissioner Smith noted he is not certain that VoiceStream can meet the third criteria under the Special Use. Commissioner Smith asked how this proposal will serve the public convenience. Ms. Sullivan stated it would serve the public convenience because with VoiceStream phones you will be able to have reliable coverage driving up and down Milwaukee Avenue which is quickly developing into a commercial thoroughfare as well as the Village's expression of their interest in locating on the tower. Mr. Meltzer asked why the developer could not start out at 80 feet and move up as needed. Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 8 Mr. Bongaarts stated each cell tower can hold a finite number of calls. If they did get to the point where they maxed out the capacity of the site, they could add additional cabinets. That is one of the reasons they have designed the site for 4 antennas instead of 2 antennas. Ms. Barrett stated in terms of the other carriers building out their capacity and their fill in sites, you do have more flexibility in terms of elevation when you are trying to do a capacity site. VoiceStream is in buildout mode for the infrastructure so they are trying to get coverage versus capacity. They therefore do not have as much flexibility because they are trying to tie all the sites together. When they come back to try to address capacity issues, they will still be going back to try using existing structures. Wherever they can do that, they do so. Chairman Ottenheimer asked if VoiceStream is absolutely married to the 140 feet. Ms. Barrett would like to have their engineer do a propagation model and find out what the impact would be at a lower elevation. She asked what the Commission was thinking in terms of so that they could come up with something that would be agreeable. Chairman Ottenheimer noted there seems to be a general consensus that there would be more support for a lower monopole. Ms. Barrett asked to be allowed to go back and do the engineering studies before she answers that question. Ms. Barrett asked if the Commission was absolutely married to the idea of three carriers on this tower. Chairman Ottenheimer stated that was a call for VoiceStream. Chairman Ottenheimer asked if they were asked for a deferral on the rest of the public hearing until they come back with a different proposal. Ms. Barrett stated yes. Mr. Eisenstein questioned the relevance of the green areas, which are in the forest preserve. Additionally, he asked exactly why some of the other sites were not suitable because the answer of"various reasons" leaves a lot of doors open. Once again he asked if VoiceStream has the ability to use the existing towers to create a patchwork through the Milwaukee corridor that does not require a new tower. He noted it may be more expensive to do so, but is it possible. Ms. Sullivan stated there were three candidates looked at to the south, which would all cover the same general area. Two towers were actually right next to each other along Milwaukee Avenue. They could not locate antennas on both of those towers. To the west there was another tower they looked and one to the north just south of Aptakisic Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 9 Road was looked at. That northern tower is into another search ring and therefore has duplicate coverage. They would also still be avoiding direct coverage on Milwaukee Avenue, which is their goal for this site. Mr. Bongaarts stated they are limited by the FCC to a maximum EIRT, which means they cannot exceed a certain power coming out of their antennas. Therefore, they design their network based on that number set by the FCC. Mr. Aaron Knight of VoiceStream stated if they could have avoided coming to this hearing they certainly would have. They have been working with the Plan Commission for four months and they are also under a time crunch to launch their system. He noted they have a letter from the site acquisition agent for Sprint working with the landlord saying the landlord will not budge. They also have lease agreements in front of the landlord and he simply will not sign. Mr. Knight stated they are willing to make considerations on the tower and he would prefer not to suspend the public hearing. They do not have time to be suspended and come back to another hearing. They have time lines and forecasts they need to meet and they need to start construction on this pole, if indeed they are going to get a permit. Chairman Ottenheimer asked if they are then prepared tonight to modify the height. Mr. Knight stated yes. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 9:00 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Buffalo Grove Plan Commission-Public Hearing-October 18, 2000-Page 10 LOCATION MAP COTEY PROPERTY MILWAUKEE AVE/ESTONIAN LANE SITE PROPOSED T0WER LOCATION 1367>1413 7299>7365 1287 N I LW 1275 11os� 1400 1500 B I 103[:] w � 1300-1398 l 1101 hC � CHICORY � BUSCN pKW �� a ER T I* 15,5 1275 1305 1405>1495 5501 L 1000 970 I RN B3 MM 1225 N 1253>1257 N� 1277>1281 h2 1245>1249 R9* DEERFIELD PKW ]237>124] ti 1261>]265 O&R b� ,� a n / WALUT / /� /7— 0 yy fill WW d mIe!!� Q df J S m 7ui5 �p a' J$ ip 1 a1.J31iHJtltl/SH33NIDN3 g 8 g� ���gr� Q�L'I 'NJI53Q 3�` n m o _� x Ud aao ® w°w ----------- _ o III dta s— -- — ------ .zt _ o. N I w� Y yFif Bf,P -# U � w O OZ I I I 00 n2 O BOO n G 4 4 N � yw , � S I o I O G O TgR gill W , - oo�, e ��o � � aS w to p1NG L1NE i i �� Ml�weuK i� b!-M silo g SLOaLINSHV/sH33NION3 LLJ ;� Z o > y LU Hi$a � � � � � � � v3 x� � Q 19vA 001 1,_— ag b € ry ry W �8 99 < _ Ell 240' 4 s a .F Fa of a o le r NY! _ p[ -u C.,411111 �i� NO0V1N3N10 HItlON 30N1 {{4/ �` C�Q g a'd �� 1� �a iY m L .0-.001 SVNN3LNV 03SOdONd JO 3Nnd31N30 � O .0-.001 310dONON JO 1HO13H 1V101 .0-.101 OOb ONNH017 JO d01 n � I C. op �%fe1W ry iP� , s , a r ,f as w � 4 r I / h ry rliiyll�"�` 1 r _ ar r, iv 1, s y, C V! r � frr �� pV➢b r r V rA Vki�rc r ZI rr r �bPP +r f 1 fill pie I 1 , lip u /7 1 r 1 r I 1 i 0 Ond CO I it f V 1 1� I yv I r SO ' m a' � irr II � �ni II III I 0 Aft, yi� 1 0 „ ( �1r r I I u '0. tw y p �j ✓P/, Ei ry a� ^ni I Apo uu �u �ru �M,. 2 ✓, / r p Col— V , r rc �.^.� io Ii r% il�ji Nl'!JYI; �/ i r� 7 r E" "`�'M r o �. „• I l N/ %rg i �r rr aryl/ ��, ip rr I / y 4f l 1 r cof 9 Q Am Co coq , �✓ f W� '� q , �; nr rq 0,411 r . CL Ell- r✓ h ,� p lI r e f tol w7 NI r, a rr. i 1 wP r r r r�r✓i r�Jrl ; �,W.'ui rVp °rriyY a /N�l rf per- ti . ,< j'; 4 Frorn backyard of R'Werwoods residence southeast of subhecC looking north (1 ' Monopole) a i i, l From backyard of Riverwoods residence southeast of suble t looking north (1 0' Monopole) u 0 a s � Q4N, r � r ,. .�,,L Property east of subject looking Wiest 1 ° Monopole) ce � a c e X u',RIA p 'es r� f 6� i H vl�, e u. /F Property east of subject �ookinq west l ' Monopole) �u /Ulll r ii J aJl�r r / A o 1 ws� M� ,n✓ ��/// lr r� r / or J r 8 co jaiJl r�r 07 W a y � 1J e r, �ri/1 ✓ D r N J r? pI 1 I 1 ' r� .�Q eve r v' (( j ��✓, ✓ � ,w rr 8 u d i w✓' ,� wdi - 0�9 /�/ wpl � �' � ��; �����y��r✓�y/� rah ,. wf ( ✓ I f,(r f �� ✓ yl P of ffffff /J/ r r � W r � r u 3 �u u d v v' IY >6 Wr�vq J w rgo wxa'° 7U µ peg 4/ J JJ � IT r s r y�r fr. iu� r i�J//r�Ii G,�1�6� rr�mi✓,i�rJJ r, / ✓fir/� r` /✓✓//l�9 � ��Gl f�4N'�'� I 9���i���d�/%✓�a%i/i r � �''�,";I�✓�r'11/%/✓/n !n/✓I,fry � � i�ii .��%�llir�i���i '��� � ���lOr��il�l�✓��`lyP�ll���,��✓�r�'P� y �,., „e�Ni-, it i/��/�%�i/��✓ill i�fj' ii / r�io�j i� , �l�/ i/%� � /�it i//�✓��✓�1✓�✓�� � � � �7 %G�%�✓���ri��1 y�✓ /r�r�✓ ,I � D144 � � �' Property north of subject pooking southeast 1 0' poke) m an 6 , "�wf n-. r e� �me Property north of subject looking southeast ( I 00,E n o� ) ; i� a,e�p fpY rrA IN ��Y u � III u i r I., „ w V I " n n ' I �vmummxrv�Yiiuwr�w�iwnm' row Revised sat: Monopole at 100 feet i u p Prim !!pill������IIIIIIIIIII iul��r �VVi uuuuuuu III uww. Ili li l 1 JODW i VVI iilll � � � dt v:FP uuuuu'uuuuuu VVV i i IIIIII r i uuu „.A uu tlVOi i i I � // � ' �1117111111111 r � uuuuuuuuuuuuuuunuu a uuum i„i /// : r uuuu�W �vP vvvv � vvvvvvvvvvvvvvvvvuuiW ��������� r irr, y �r II IIII I IIIIIIIIIIIIIII Dl� �r 777, ����pp��IIIIIIII � 3VW p x, p p pp pp III I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �� Il�i����� i �I r ` UW� Vkp V ��CIIIIIIIIIIIII���� � R ) W� III �� �m� � � �i IIIIIIIIIIIIIII�II I �VVV � II vvvvvvvvv � r UIVDIVIUIVI � q I � ''IG � � ���VIIOIIiII � V� ➢J r r rare �C II�IIIVII 1 Initial proposal: Monopole at 140 :feet �� VV VWOPi��uu N i � I �x lore „ ii 9 IIII��III I� III�I�� I iii�� II II i%�r s r ��i lillll IIII � I r a. o �IOIMq / r I ruWmm ml� �� I➢W� � � � f � ,,,�.. !u �N m.. ,� � —.�,; IIII ����p Rejected candidate due to inadequate ground space ' �Du� I �umooi umlpuuuu� I s 1 III �..: V II1000 i N ro 6 GTN k 4 14544.''M .7 dares jR Ix Ilit dn� I� r r �mq u uuluuu r q; �I r I r, ICI"r r �'�, p /r r r /i r� rr rr / IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVVVVVVVVVVVVV ��i umiiY r r r////// r Illlllllliiiiiill I it III w dl I I� i � I fu0000 Iglu Rejected candidate due t ov ,e Ea f' a III II P, OM V�uuuu - uuuuuuuuuuuuuu � � i i,ii u Pill �IIII Illlm i Sol r � Illllllllllllull I um _.. w n m i w � � uuVuuuuuuuuu V'I;" '"`��' � V �Illlllllllllllluuim � ���;�' � I III I i ul uuiiiiuuuuum i Rejected . . . to due to ove �Eas of ring J 040wy .; s 49M w 'e �ullllllup�lllll�llllllllllll Illlil�illlll ul0000���I� II�I� ��I ��,,�� w i V w 0 w4awW� f � r � p, a � IS . ,Yw Big Rejected candidate due to height nu d� uuuuuuuu III��IPI� lil�l�ll� �u ;;, ��j4 Illll�llllllllpo�ou ht , � � � uuuuuuuuuuuuuuuu uuuuu u �r�l� Y ,F � i mow' � � ql Ali, �i' mom' a Illllpll .�,.0� "IIIIII �IIIIIII iuimiuoVV9'�I����6 V00� ui � i0f 'r �u� IIIIIIIIII m IIIIIII i II qql , i ' 7:,rl' I uulp Ii°1V' G muuu �e� tl IIIIII�� WPWI j I M 1 wk n a �ouo� r r I II U, I r u, a I b� 1 Ga��UII�ll�Ull� i�� �r VIA UU�G � � ' � ioimm Illlillluuuuuii i q ;�•. f IIII, I IIIIIIIII�IIIIII, � � uuutlllllllllllllllllllll „ � ' �" � � � A� ooi�u�mi�u�➢OVA a '� h GIB �IIIII�I � "","I�mII101���ll r� � N, II Rejected candidate due tiol s sector C�172 00000129d9 1of29t1g99 c v""ro"Tr4. i"@tlefaf Co - ftiMUrlications Commission Q IF Wireless TeleCOMMunications Bure 1 au ' ' vas • Radio Station Authorization- - - - Call Sign: �OL272 File Number. 0000012949 ` -Name of Licensee: Print Date: 10/29/1999 Attention:Scott D.Tords()n Cook InleWo(ceStream PCS LLC 2525 C Street Anchorage AK 99503 Market Number. Channai 81ock: BTA078 Sub-Market Designator. C Market Name:Chi IL 0 cag0, Tha license hereof is authorized,for the hereinafter described. lltis aathnization is subject rd tto theme aper�te q � �Mtlon in accordance with the terms and conditions Congress,international treaties and Pions of the COmMQni 2don:Act of 1934.as amended,subsequent Acts of Federal Communications Coraxrilrsion,contained In Tkte a7 of the,d the United States is a signet cry,and qp peninent rotes and rcgufaaens of the ederal Ra9ulariorts. - rgj�!IstBuild-out Date 2nd Build-out Date 3rd Build-out bate 4th Build0/28r2004 Build-out Date Expiration Date 10/28/2009 Condrdom: 10/28/2009 Pursuant to Sacdart 309(h)of the Conxthudcatiom Act of 1934,as amen This 4ornse does not vest In the pde�my�to operate a atatlon n�(47 U.S.C.309(h)),this license is s other manner then at horked hands. �Y dDht M the use of eQ to the following conditions: of the Neithae this license ttor the f►'equendes beyond the term mereof not in and Contraunlc�tions Ad of 193<,as amend 9tantlad duwatmdar shay be astrigned cr olharwina transferred in vwlatlon by Sec don 706 of the �.a7 U-S•C.151,et sue, This ppmce,is aubJect in terms to the right of use or control conferred CommunicaGor�s Act of 1934,us amended,47 U.S.C.606. Special Conditions: is au to tza on is su le o a to a even s s in 11 author(zed in an e,d]aeent foreign Cerrito y ms using a same frequenaes as granted nstllitttce within m km W miles)of the United s at�Ca 1ada bordT shall be required to eliminate any harmful nferferenc'a ib o rations n the a a f'ra coordination of any base station both oountrtes e 1 Ott 1�Oretgtl territory and to ensure continuance of equal access to the frequencies A graphical representatian or the geographic area authorized to this call si 'License Search- the foifovving web address:h ;/ 8n may be generated by selecting rtP �ww"S.fca.gov DMID A. KUNK EL ASSOCIATES, INC. REAL ESTATE APPRAISERS AND CONSULTANTS 10001 W.Roosevelt Road Suite 203 Westchester,IL 60154 (708)344-3170 FAX(708)344-3178 November 10, 2000 Ms. Charity Sullivan VoiceStream Wireless 1375 E. Woodfield Road, Suite 400 Schaumburg, Illinois 60173 Re: Proposed Communications Equipment Site#CH13-159E 14748 Estonian Lane, Buffalo Grove, Illinois (File#0102501) Dear Ms. Sullivan: Pursuant to your request, I have completed an inspection and review of the above captioned location, relative to the potential impact, if any, on the Market Value of surrounding properties of the installation of communications equipment on the site. The proposed equipment consists of a 100-foot monopole, located near the north-center section of a wooded vacant site, which is situated at the above captioned address. This site is located along the east side of Milwaukee Avenue, north and south of its intersections with Deerfield and Long Grove Aptakis is Roads respectively. Properties immediately to the east and south consist of single family homes, while the property to the north consists of a warehouse and yard storage facility occupied by landscaping and masonry businesses. Across Milwaukee Avenue to the west is a large business/industrial park improved primarily with office/warehouse facilities. As noted above, the proposed equipment will consist of a 100-foot monopole structure. The monopole with be situated towards the east-center section of a leased site measuring 50'x 50'. The equipment cabinets typically associated with this type of facility will be located on the ground level, immediately adjacent to the monopole to its north and within the aforementioned leased site. This leased area will be fenced with a chain link fence. The facility will be accessed via an access easement extending south from the leased site, through the larger land site of which it is a part to Estonian Lane. Estonian Lane is an east-west secondary street at this location that extends approximately 1/3 mile east from Milwaukee Avenue before dead-ending. The street is asphalt paved, but is otherwise unimproved, having no curbs, gutters, sidewalks or streetlights. Milwaukee Avenue immediately to the west is a four- lane primary roadway in this location, having the Illinois State Highway designation of Route 45. Milwaukee Avenue runs generally north-south at this location, and is a fully improved and asphalt paved roadway with curbs, gutters and streetlights. Ms. Charity Sullivan VoiceStream Wireless Page Two November 10, 2000 As you are aware, I have extensive experience in evaluating the effect on surrounding properties of communications tower/equipment sites of this type. The following is a brief synopsis of that experience: For your general information, I am the owner and president of the real estate appraisal/consulting firm shown on the above letterhead. I have been directly involved in the valuation and analysis of real estate of all types for over 19 years. I hold the MAI designation from the Appraisal Institute, am licensed with the state of Illinois as a Certified General Appraiser, and additionally am a licensed real estate broker in Illinois. A more detailed summary of my educational and professional background, as well as my experience in the real estate valuation/consultation field, is attached. Specifically with regard to the type of situation you have called upon me to address, my firm has been involved in a number consultation assignments specific to this issue over the past 5 to 6 years. All of these assignments have been in the Chicago metropolitan area, including the communities of Aurora, Barrington, Barrington Hills, Chicago, Glencoe, Homewood, Lincolnshire, Kenilworth, Maple Park, Midlothian, North Barrington, Streamwood, Vernon Hills, Westmont, Wiillow Springs and Winnetka. These locations have involved a variety of neighborhood types, including residential, commercial, industrial, and farmland. The work we have performed in each case has varied, ranging from providing written studies on specific sites, to giving presentations at Village hearings and/or testifying in court for litigation matters relating to this property type. In the process of completing these assignments, the request specifically made of us in each case has been to determine what effect, if any, a communications equipment site may have on the value of surrounding and/or nearby properties. Of significant importance to these consultation assignments is the folllowing: We are not paid, nor do we accept assignments in which a specific position on this issue is advocated. Our sole impetus is to be entirely objective, providing sound reasoning for our conclusions, and based upon the actions and reactions of the buying and selling real estate market. In each of these situations our basic plan of analysis has been twofold. First, we have researched property sales, including all details of the transactions and the physical characteristics of the properties involved, in order to ascertain if any difference in actual sale prices could be detected DAVID A. KuNKEL & ASSOCIATES, INC. Ms. Charity Sullivan VoiceStream Wireless Page Three November 10, 2000 due to location near or in view of a communications equipment site. The basic premise of this type of analysis is founded in the principles of real estate valuation commonly accepted and utilized by all courts of law, governmental bodies, and major banks. This premise is that of the direct comparison of physical and locational characteristics of properties that have sold, resulting in a determination of the market reaction, if any, to various factors relative to those properties, and expressed in dollars. The second aspect of our analysis plan has been to interview and consult with other real estate professionals, specifically those directly involved in the marketing and sale of properties, to discover their opinions of this same issue, relative to their daily professional lives in dealing directly with buyers and sellers of real estate. As we have completed these assignments, we have determined essentially three categories of potential impact and concern exist. These categories are as follows: 1) Environmental- The potential for pollution of the air, surface, and/or sub-surface. 2) Health - The potential impact on nearby inhabitants and/or property users. 3) View - The potential impact on nearby inhabitants and/or property users. In the process of completing the aforementioned consultation assignments, we have completed the above two step analysis plan on 40 to 50 locations involving wireless communications facilities; several of which we have analyzed during separate time periods. As mentioned above, these locations involved a variety of property types (residential, commercial, etc.), however approximately 35 to .40 of these were residential in character. Although every situation has the potential for unique variables, our experience with those locations analyzed have repeatedly resulted in the following 5 Points of Finding 1. To our knowledge there is no evidence to suggest that any environmental or health issues arise as a result of communications equipment sites. 2. To our knowledge there is no perception, within the general buying and selling real estate populace, suggesting any environmental or health issues arise as a result of communications equipment sites. 3. We have found no ascertainable difference in property values as a result of this specific locational characteristic. 4. Market evidence has been reiterated repeatedly by other real estate professionals. DAVID A. KuNKEL & ASSOCIATES, INC. Ms. Charity Sullivan VoiceStream Wireless Page Four November 10, 2000 5. Changes in market values, specifically appreciation, are not restrained as a result of this specific locationa.l characteristic. The location in question in Buffalo Grove is along the east side of an Illinois State designated highway, in an area of mixed property uses that include office/warehouse, yard storage and residential. As with laterally any developed area, numerous other protrusions in to the sky exist in this location, including light poles, telephone poles, power lines, etc. The proposed equipment will be set back from the street and fenced in such a way that the equipment boxes will not be visible. Additionally., the trees and other foliage in the area will result in the monopole being marginally noticeable to the eye by passing vehicles or pedestrians. This results in a site location that is superior to many others in the area for this type of use. It is therefore my opinion, based on review of the proposed plans, inspection of the site, as well as our experience with this factor in other locations, that the proposed communications equipment will not have any negative impact on the use, enjoyment, or value of surrounding properties. Additionally, it is my opinion that no substantial or undue adverse effect upon adjacent property, the character of the area, parking, utility facilities, or other matters affecting the public health, safety, and general welfare will occur. If I can be of further service please contact me. Sincerely, DAVID A. KUNKEL &ASSOCIATES, INC. VavidKunkel, MA President Attachment DAVID A. KUNKEL & ASSOCIATES, INC. QUALIFICATION SUMMARY- DAVID A. KUNKEL MAI EDUCATION Bachelor of Arts Degree, Metropolitan State University, St. Paul, Minnesota. Successfully completed the following courses/examinations sponsored by the American Institute of Real Estate Appraisers: "IA-1" Real Estate Appraisal Principles (03/81); "IA-2" Basic Valuation Procedures (05/81); "1B-l" Capitalization Theory Techniques, Part 1 (09/81); "1B-2" Capitalization Theory and Techniques, Part 2 (03/83); "1B-3" Capitalization Theory and Techniques, Part 3 (11/81); "2-1" Case Studies in Real Estate Valuation (12/84); "2-2" Valuation Analysis and Report Writing (11/85); "2-3" Standards of Professional Practice (03/84); "8-2" Residential Valuation (09/83); MAI Comprehensive Examination (02/89). Successfully challenged the following examinations sponsored by the Society of Real Estate Appraisers: "101" An Introduction to Appraising Real Property (11/88); "102" Applied Residential Property Valuation (11/88); "201" Principles of Income Property Appraising (11/88); "202" Applied Income Property Valuation (11/88). Successfully challenged the following examinations sponsored by the National Association of Independent Fee Appraisers: Residential Member Examination (12/87); Senior Member Examination (10/88). Have attended numerous real estate/appraisal related seminars. PROFESSIONAL EXPERIENCE 08/87 to present -- President, DAVID A. KUNKEL &ASSOCIATES, INC. 12/85 to 08/87 -- Vice President, The Appraisal Company 04/84 to 12/85 --Managing Partner, Kunkel &Wnek Realty Consultants 03/83 to 04/84 -- Sole proprietor, David A. Kunkel &Associates 08/82 to 03/83 -- Appraiser, Illinois Central Gulf Railroad, Real Estate Dept. 01/81 to 08/82 -- Staff Appraiser, Joseph A. Renzi &Associates, Inc. Experienced in the preparation of appraisals for sale, acquisition, leasing, tax assessment, insurance, condemnation and mortgage lending purposes of all property types, including appraisals in the stains of Alabama, Delaware, Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri, Ohio, Tennessee and Wisconsin. Qualified as an expert witness in the Circuit Courts of Cook, DuPage and Lake Counties in Illinois, as well as the United States Bankruptcy Court for the Northern District of Illinois. Qualified as an expert witness before the Property Tax Appeal Board for the State of Illinois, as well as in the Counties of Cook, DuPage and Lake. Have testified before: various planning and zoning commissions in the City of Chicago and surrounding suburban areas. Page 1 of 2 DAVID A. KLWKEL & Assocuns, INC. QUALIFICATION SUMMARY - DAVID A. KUNKEL MAI- (continued) Approved course instructor- Appraisal Institute. Have been a guest speaker at various Real Estate related seminars and business meetings. Member of the 1993 Urban Valuation Delegation to Latvia and Russia, sponsored by People to People International. PROFESSIONAL AFFILIATIONS MAI Designation#8128, Appraisal Institute. Certified General Real Estate Appraiser--#153-000198. Licensed Real Estate Broker-- II.#075-085008. Member: Realtor Association of the Western Suburbs. Member: Illinois Association of Realtors. Member: Illinois Coalition of Appraisal Professionals (ICAP). Member: Multiple Listing Service of Northern Illinois, Inc. Member: National Association of Realtors. Member: National Assoc. of Realtors - R.E. Appraisal Section. Lifetime Member: National Eagle Scout Association (NESA). COMMITTEE PARTICIPATION - APPRAISAL INSTITUTE 2000 to present -- Media Resource Committee 1991 to present -- MAI(General) Admissions Committee 1995 to 1997 -- International Relations Committee (National - 3 year term) 1994 to 1996 -- Political Affairs Committee 1993 to 1996 -- Ethics &Counseling Committee (Region III) 1991 to 1993 -- Public Relations/External Affairs Committee 1991 to 1992 -- Legislative and State Activities Committee 1990 to 1992 -- MAURM Candidate Guidance Committee 1990 -- RM Admissions Committee ASSIGNMENTS COMPLETED Typical assignments have included: Alley vacations Office buildings Apartments Planned unit developments Banks Recreational facilities Churches Restaurants Commercial buildings Service stations Condominiums and co-operatives Single-family residences Easements Shopping centers Industrial buildings Transportation right-of-ways Lodging facilities Unimproved land sites Mortuary buildings Utility easements Page 2 of 2 DAVID A. KUNKEL & ASSOCIATES, INC. VILLAGE Op RYV WOODS -EST. VVILLIAM S. KAPLAN MAYOR , October 17, 2000 Buffalo Grove Planning Commission Fifty Raupp Boulevard Buffalo Grove, Illinois 60089 ` Re: Cotey Property/Monopole Dear Members of the Buffalo Grove Planning Commission: We received notice of a public hearing which will be held on Wednesday, October 18, 2000 concerning the approval of an amendment to the Annexation Agreement for what is commonly known as the Cotey property to permit installation of a 140 foot high monopole. Although the Cotey property is within the corporate limits of Buffalo Grove, as you know, it is in close proximity to Meadowlake, a 58 home subdivision which is within the corporate limits of the Village of Riverwoods. The Riverwoods Village Board has authorized residents of Meadowlake to speak before your commission on behalf of themselves as residents of Meadowlake and on behalf of the Village of Riverwoods. The purpose of this letter is to advise you that the Village of Riverwoods is opposed to the approval of the construction of a 140 foot monopole on the Cotey property for the following reasons: 1. It is our understanding that to approve this proposal requires an amendment to the Annexation Agreement. We are aware of no compelling public interest which would be served by taking this extraordinary action. There are a number of potential sites for a monopole along the Milwaukee Avenue corridor which are not in close proximity to a residential development and which could be approved and constructed without an amendment to an Annexation Agreement. 2. There are numerous providers of cell phone service in the area and there is vigorous competition between the providers in both price and quality of service. We acknowledge that competition in this field is generally a good thing, but we do not believe that taking extraordinary action to permit construction of a 140 foot high monopole next to a residential subdivision in an area where there are numerous less offensive potential sites available is necessary or advisable in order to stimulate competition. 3. It is our experience that the established cell phone service providers do not seek or want equipment as high as 140 feet. It is our understanding that the preferred approach among established providers is to install more towers at a lower.height(generally 80' —90') in order to provide better quality service 300 PORTWINE ROAD, RIVERWOODS, ILLINOIS 60015-9854 PHONE: 847 945-3990 FAX: 847 945-4059 and handle more calls. We are not sure why VoiceStream is seeking a 140 foot high monopole when their competition is generally seeking 80' to 90' monopoles. Unfortunately, once such a monopole is constructed it will be very difficult to remove it or reduce its size. 4. An important function of a Planning Commission is to work with developers and property owners to screen commercial uses from residential uses. It is impossible to screen a 140 foot monopole from a nearby residential subdivision. The residents of Meadowlake will be forced to look at an unattractive monopole towering over their subdivision every time they look out their window or step out their door. Such a result would be inconsistent with the purposes of a conscientious Planning Commission. 5. The Village of Riverwoods has not approved installation of a monopole of this height this close to a residential subdivision and we understand that neither has the Village of Buffalo Grove. We are concerned, and you should be concerned, that approving this proposal would set a precedent Tor the next cell phone company or upstart cell phone company that attempts to break into the market and seek a monopole location in or near a residential subdivision in the Village of Buffalo Grove or in the Village of Riverwoods or, for that matter,, any village in the Chicago area. We do not believe that there is a sufficient compelling public interest to warrant such a precedent setting action which could cause problems for both of our Villages in the future. If the Cotey property were in Riverwoods, there would be no question that the Riverwoods Village Board would defeat this proposal. For the reasons stated above, we ask that you recommend to your Village Board that they not take the extraordinary action of amending the Annexation Agreement to permit construction of a 140 foot high monopole on the Cotey property because the benefit, if any, to the public is minimal and is more than off-set by the precedent that would be set by approving such an unsightly structure so close to a residential development. Sincerely yours, VILLAGE OF RIVERWOODS William S. Kaplan, Mayor Board Agenda Item Submittal XI-A Requested By: Arthur Malinowski Entered By: Arthur Malinowski Agenda Item Title: Resolution No.2000- Adopting the ICMA Retirement Corporation's VantageCare Retiree Health Savings Plan. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 10/31/2000 11/20/2000 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The attached resolution adopts the ICMA Retirement Corporation's VantageCare Retiree Health Savings Plan. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files ICMAR HSAdoptionResolution.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Resolution No. 2000- RESOLUTION FOR THE ADOPTION OF THE ICMA RETIREMENT CORPORATIONS VANTAGECARE RETIREE HEALTH SAVINGS PLAN WHEREAS, The Village of Buffalo Grove (the "Village") has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Village by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Village has determined that the establishment of a retiree health savings plan to be administered by the ICMA Retirement Corporation and/or its affiliates serves the above objectives; and WHEREAS, the Village desires that its retiree health savings plan (the "Plan") be administered by the ICMA Retirement Corporation and/or its affiliates; NOW, THERFORE BE IT RESOLVED, by CORPORATE AUTHORITIES, of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, that the Village hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare Retiree Health Savings Plan. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Village serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and that the assets of the Plan shall not be diverted to any other purpose. BE IT FURTHER RESOLVED, that the Director of Human Resources shall be the coordinator and contact for the Plan and shall receive necessary reports, notices, etc. AYES: NAYES: ABSENT: Approved 12000 Passed 12000 Village President Attest: Village Clerk Board Agenda Item Submittal XI-B Requested By: Robert B Giddens Entered By: Robert B Giddens Agenda Item Title: Purchase of new computer router/switch Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/14/2000 11/20/2000 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No Yes 0 No funds? Is this a budgeted item.? Projected total budget impact: $11,800 Additional Notes regarding Expenditures: This item has been part of the MIS replacement fund since it's inception.We are currently on the sixth year of life on this piece of equipment when it was projected to last five years Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The MIS Department is requesting that RMS Business Systems be awarded a contract not to exceed $11,800 for the replacement of a computer switch. The retail price on the switch was $15,000. Two companies responded to the public notice,GIMA Tech as a no Bid and RMS at $11,549. This new piece of equipment will replace an older switch that was expected to last five years and is currently beginning it's sixth year of service. The benefit of this piece of equipment is that it will perform 20 X faster then our current router. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal XI-C Requested By: Scott D Anderson Entered By: Scott D Anderson Agenda Item Title: Acceptance of the FY 1999/2000 Comprehensive Annual Financial Report Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is a copy of the Village's FY 1999-2000 Comprehensive Annual Financial Report for the year-ended April 30, 2000 for all Village fund and account groups. The Report has been prepared by the Village's independent auditors, Pandolfi, Toplolski, Weiss and Co. and follows generally accepted accounting and auditing principals as they apply to governmental enterprise funds. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Vilauditcvr.doc Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling FROM: Scott D. Anderson DATE: November 14, 2000 SUBJECT: FY 1999-2000 Village Audit Acceptance Attached is a copy of the Village=s FY 1999-2000 Comprehensive Annual Financial Report for the year-ended April 30, 2000 for all Village fund and account groups. The Report has been prepared by the Village=s independent auditors, Pandolfi, Toplolski, Weiss and Co. and follows generally accepted accounting and auditing principals as they apply to governmental enterprise funds. The Report, which is unqualified in opinion, consists of the following sections: The independent auditor=s cover letter noting the scope of work and reporting that the financial statements present fairly the financial position, results of operations, and cash flows of the funds so audited. Letters of transmittal that provide the reader with an analysis of financial operations for the period as well as a general oversight of fiscal conditions and concerns. A Financial Section that includes Combined financial statements disclosing the results continuing operations in the form of balance sheets on a consolidated and fund group basis, statements of revenue,expense/expenditure and change in fund balance/equity along with a statement of cash flows for the period (with FY 1998-1999 comparisons, where appropriate). Notes to the General Purpose Financial Statements that provide a detailed reference to accounting policies and other levels of information required under full disclosure for the funds and account groups of the Village. The Notes also include supplemental information required be various generally accepted accounting pronouncements. Supplemental information dealing with fund type balance sheets as well as statements of revenue and expense along with cash flow along with statement supplemental information. A statistical section that provides historic information on a variety of financial and fiscal indicators. This Report is the culmination of all of the fiscal activities for FY 1999-2000 for the funds so audited and will be forwarded to those parties requesting and monitoring the financial operation and status of the funds. It is the recommendation of staff that the Report is accepted for the fiscal year ended April 30,2000. A review of the Notes to the General Purpose Financial Statements shows nothing of concern or surprise in that staff was an active participant with the auditor in the development of the final statements and narrative comments. Based on a review of the Comprehensive Annual Financial Report, it is recommended that acceptance be authorized. The Report has been filed with the Government Finance Officers Association for review as part of the Award of Excellence in Financial Reporting program. Scott D. Anderson Board Agenda Item Submittal XI-D Requested By: Dick Kuenkler Entered By: Debra J Wisniewski-PW Agenda Item Title: Approval of Prairie Grove Subdivision Initial Acceptance Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/08/2000 11/20/2000 0 Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is the Certificate of Initial Acceptance & Approval for the subject project. The project is complete and approval is recommended. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Li Prairie G rove.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: November 8, 2000 SUBJECT: PRAIRIE GROVE INITIAL ACCEPTANCE I have attached the Certificate of Initial Acceptance & Approval for the subject project. The project is complete and approval is recommended. Richard K. Kuenkler, P.E. G:\ENGINEER\RKK\MEMOS\372.doc Attachment xc: Mike Samuels, Samuels&Associates Rug 28 00 03: 55p DiamondSchreiber Homes 847-433-2450 p• 2 (PAGE 1 of 2) VILLAGE OF BUFFALO GROVE CERTIFICATE OF INITIAL ACCEPTANCE AND APPROVAL (ALL INFORMATION MUST BE TYPED: SUBMIT COMPLETED FORM WITH ONE MYLAR AND TWO SETS OF "AS-BUILT" PLANS) � �I� s ' - LOCATION DEVELOPER SUBDIVISION / �/ �� N UNIT NO. _Dedicated Public Right-of-Wa to Length Width From Name Rebecca Jorel Street Lane Brandywyn Lane 1424 60' (27'&35'BB Rebecca Lane Jorel Street Prairie Road 987 351R.0 Wl (18.5'6/E) Jordan Drive Jorel Street Rebecca Lane 1692 60' (27'BB) Leah Lane Rebecca Lane Jordan Drive 760 60' (27�Path Description of public Improvements Pa gent, r Sanitary,-Storm, Watermain,and Street ,Lighting, Description of Private Improvements Sani tar Storm and Wa One-Year Maintenance Guarantee Type of Security Identification DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the cordancerwith theuction fapprov the e improvements described above have been completed in ac nch List and specifications and items indicated on the F'nal Oj ,-�`'""' G% p which was prepared by l� d have been completed. = REGISTERS *1 PROFESSI AL ENGINEER �s OWNER'S/DEVELOPER'S °�'''gTFON OF 11-. ' All improvements have been completed and are eBuffalo Grove. I also presented herewith Acceptance and Conveyance to the Village of acknowledge my responsibility to provide a one-year Guarantee to cover work- manship, materials, and maintenance for all improvements referred to herein. The undersigned Owner does hereby convey and deliver to the Village of Buffalo Grove the foregoing listed public improvements and does hereby s hereby free ofcovenant that said improvements are eainst theall claims anraneesnandof a warrant and will defend the g persons. ER Board Agenda Item Submittal XI-E Requested By: Dick Kuenkler Entered By: Debra J Wisniewski-PW Agenda Item Title: Approval of Prairie Place Subdivision Initial Acceptance Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/08/2000 11/20/2000 0 Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is the Certificate of Initial Acceptance & Approval for the subject project. The project is complete and approval is recommended. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Prairie Place.pdi Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: November 8,2000 SUBJECT: PRAIRIE PLACE INITIAL ACCEPTANCE I have attached the Certificate of Initial Acceptance & Approval for the subject project. The project is complete and approval is recommended. Richard K."Kuenkler, P.E. G:\ENGINEER\RKK\MEMOS\373.doc Attachment xc: Mike Samuels, Samuels&Associates VILLAGE OF BUFFALO GROVE CERTIFICATE OF INITIAL ACCEPTANCE AND APPROVAL (ALL INFORMATION MUST BE TYPED: SUBMIT COMPLETED FORM WITH ONE MYLAR AND TWO SETS OF "AS-BUILT" PLANS) SUBDIVISION Prairie Place DEVELOPER_ camuolc and Assor;atps, Jnr- UNIT NO. LOCATION CarlXle Court, Buffalo Grove Dedicated Public Right-of-Way Name From to Length Width Carlyle Court Carlyle Lane Cul-de-sac 50' R.O.W. Description of Public Improvements Sanitary sewer, water main and storm sewer; 27' B/C to B/C street; sidewalk; street lighting to facilitate 7-lot single-family subdivision. Description of Private Improvements f i One-Year Maintenance Guarantee i Type of Security Identification DESIGN ENGINEER'S CERTIFICATION i To the best of my knowledge and belief, the construction of the improvements described above have been completed in accordance with the approved plans and specifications and items indicated on the Final Punch List dated June 26• which was prepared by 2000, _ hay been completed. 2000, initial acceptance leter ENGINEER SEAL OWNER'S/DEVELOPER'S CERTIFICATION All improvements have been completed and are hereby presented fo Initial ' Acceptance and Conveyance to the Village of Buffalo Grove. I also herewith acknowledge my responsibility to provide a one-year Guarantee to cover work- manship, materials , and maintenance for all improvements referred to herein. The undersigned Owner does hereby convey and deliver to the Village of Buffalo Grove the foregoing listed public improvements and does hereby I covenant that said improvements are free of all encumbrances and does hereby warrant and will defend the same against the claims a emands all persons . OWNER Board Agenda Item Submittal XI-F Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Acceptance of Warranty Deed for Outlots A, B, C, E, F,G& H in the Mirielle Phase 2 Subdivision: Developer donation by Town and Country Homes(Pinnacle Corporation)of stormwater management parcels and future road parcels Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The attached map depicts the seven lots to be accepted by the Village and the lot that will be conveyed to the Buffalo Grove Park District. Outlots A and E are designated for use as future streets. A portion of the realignment of Weiland Road and Prairie Road would be located on Outlot E. Outlot A provides the opportunity to connect a street to the property north of the Mirielle Phase 2 subdivision. Outlots B and C and a portion of Outlot E are used for stormwater management. Outlots F, G and H are part of the Village bikepath system. Lot D will be conveyed directly to the Park District by the developer. The Village Board can accept the Warranty Deed by motion. The location map and the Warranty Deed for Outlots A, B, C, E, F, G and H are attached. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Mirielle Phase 2 Outlots.PDF mirielle.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: MA MAIm"Aij FMME ME �� W ' ► w „ '�` ME WIN wMA cm nitfilM n, r , W BOOM - -. i s U m m ��� ��� �N 'MMMMMMMMw:"' INNMMMMN�","�NMM�, WARRANTY DEED MAIL TO: Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Attention: Village Manager NAME & ADDRESS OF TAXPAYER: Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Attn: Village Manager Recorder's Stamp THE GRANTOR, PINNACLE CORPORATION, an Illinois Corporation, 4 Westbrook Corporate Center, Suite 500, Westchester, Illinois 60154, for and in consideration of TEN AND N0/100 DOLLARS and other good and valuable considerations in hand paid, CONVEYS AND WARRANTS to the VILLAGE OF BUFFALO GROVE , an Illinois municipal corporation, having its principal office at 50 Raupp Boulevard, Buffalo Grove, Illinois 60089, the following described real estate situated in the County of Lake, in the State of Illinois, to wit: OUTLOT A, OUTLOT B, OUTLOT C, OUTLOT E, OUTLOT F, OUTLOT G AND OUTLOT H IN MIRIELLE SUBDIVISION, PHASE 2, BEING A SUBDIVISION OF PART OF BILLICK'S ACRES AND PART OF THE EAST X, OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED, NOVEMBER 14, 1995 AS DOCUMENT 3748373, IN LAKE COUNTY, ILLINOIS. SUBJECT TO COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD; Permanent Index Number(s): 15-21-205-007 15-21-205-018 15-21-410-017 15-21-403-010 15-21-403-023 15-21-411-013 15-21-401-020 Property Address: Vacant lots on Dated this �1 "day of 2000. ATTEST: PINNACLE CO O TION (Seal) By: (Seal) Its: Its: 2 } STATE OF ILLINOIS ) SS COUNTY OF lq6��C ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that (C�f/�t�� ,T,2 yriy personally known to me to be the 6 of the PINNACLE CORPORATION and P&L personally known to me to be the Oro of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this da;;� in person and severally acknowledged that as such 06-0 and &4P 4 they signed and delivered the said instrument and caused the seal of said board of education to be affixed thereto, pursuant to authority given by said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and notarial seal, this/&day of . 2000. "OFFICIAL SEAL" Karen Blake Netary raw State or look My Commission Expires Oct 6,2003 ? Notary Public My Commission expires: LAKE COUNTY - ILLINOIS, TRANSFER STAMP NAME and ADDRESS OF PREPARER: EXEMPT UNDER PROVISIONS OF PARAGRAPH E SECTION 31-45, REAL ESTATE TRANSFER TAX LAW Michele L. Krause DATE: Holland & Knight LLP 55 West Monroe Street, Suite 800 Chicago, Illinois 60603 Sig ure uye , Seller or Representative CHI1#14268 v4 3 Board Agenda Item Submittal XI-G Requested By: Entered By: Ghida Sahyouni Agenda Item Title: Approval of Grant Agreement No.01-124039,between the Village of Buffalo Grove and the Illinois Department of Commerce&Community Affairs. The grant is for$50,000 for erosion control. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda OVM 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 9 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files ErosionAgmt.pd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: i i i i PART I BUDGET Village of Buffalo Grove Budget Item State Grant Design Engineering and Permitting $21,000 Construction Contract - 280 linear feet of $28,000 erosion control Construction Engineering' $1,000 Total $50,000 PART II-A2 SPECIAL GRANT CONDITIONS (GOVERNMENTAL ENTITIES) (Construction) 2.1 AUDIT REQUIREMENTS. _ The Grantee is required to have an audit conducted as provided in Part V, Section 5.4C, Audit Requirements. The audit must include a Revenue (Receipt) and Expenditure Statement comparing budgeted amounts with actual for this grant. The audit must also include a compliance component that covers, at a minimum, the following items: • did the Grantee complete the activities described in the Scope of Work (Part III) within the grant term • did the Grantee obtain prior written approvals from the Department for material changes from the performance of the activities described in the Scope of Work (Part III) • did the Grantee expend grant funds within the grant period specified in the Notice of Grant Award • did the Grantee adhere to the grant Budget (Part 1); if not, variances should be identified • did the Grantee obtain prior written approvals from the Department for any material variances in its expenditure of grant funds • did the Grantee adequately account for receipts and expenditures of grant funds • if applicable, did the Grantee return grant funds to the Department in accordance with the provisions of the Grant Agreement • are amounts reported in the Grantee's close-out package traceable to its general ledger The Grantee is not required to have an audit conducted as a condition of this Grant Agreement; however, if the Grantee receives during the term of this Grant Agreement (or has previously received), additional grants from the State of Illinois for the project described in Part III hereof, the Department may require the Grantee to have an audit conducted as provided in Part V, Section 5.4C(a)(iv) hereof. 2.2 PROJECTS REQUIRING EXTERNAL SIGN-OFFS. (a) Pursuant to applicable statute(s), this grant requires sign-off by the following State agency(ies). The status of the sign-off is indicated as of the date the grant is sent to the Grantee for execution: AGENCY SIGN-OFF SIGN-OFF RECEIVED OUTSTANDING X Illinois Historic Preservation Agency - x Illinois Dept. of Agriculture — Illinois Dept. of Natural Resources — NONE APPLICABLE While any external sign-off is outstanding, the provisions of Exhibit 1 apply with respect to the disbursement of funds under this grant. NOTE: The fact that a sign-off has been received in no way relieves the Grantee of its obligation to comply with any conditions or requirements conveyed by the applicable agency(ies) in conjunction with the issuance of the sign-off for the project funded under this Agreement. (b) For projects subject to review by the Illinois Environmental Protection Agency, the Grantee must, prior to construction, obtain a construction permit or "authorization to construct" from the IEPA pursuant to the provisions of the Environmental Protection Act, 415 ILCS 5/1 et seq. 2.3 PAYMENT PROVISIONS- PRIOR INCURRED COSTS. (a) Projects Not Requiring External Sign-offs. Bond Fund Projects: The Department shall authorize the State Comptroller's Office to disburse up to 50 percent of the grant funds upon execution of this Agreement. Disbursement of the balance of the grant funds shall be authorized in reimbursement of costs incurred and certified in the Quarterly Expense Reports submitted by the Grantee to the Department as described in Section 2.5. Non-Bond Fund Projects: 100 percent (J-QQ%) of the grant award will be authorized for disbursement upon the Department's execution of this Agreement. If the amount set forth herein is less than 1000/0 of the grant award, the disbursement schedule for the balance of the grant award is attached hereto as Exhibit 3. (b) Projects Requiring External Sign-offs. If external sign-offs are indicated in Section 2.2, above, disbursement of grant funds (whether advance or scheduled) are subject to the restrictions set forth in Exhibit 1. Upon receipt of all required sign-offs, the Department's Accounting Division will be notified to disburse grant funds in accordance with the disbursement method indicated herein. Note: The Department reserves the right to adjust the disbursement schedule set forth above. Reimbursement of costs incurred by the Grantee prior to the Beginning Date specified in the Notice of Grant Award requires the approval of the Department. Such costs must be clearly identified in Part I hereof. 2.4 PROJECT COMPLETION DATE. Notwithstanding the end date stated in the Notice of Grant Award, the project shall be deemed complete when all activities described in Part III hereof have been fully performed and grant funds have been expended or legally obligated by the Grantee for such activities pursuant to Parts I and III hereof. Grantee shall notify the Department of the Project Completion Date through the submittal of the Final Report described in Section 2.5 below. 2.5 REPORTING REQUIREMENTS. In addition to any other documents specified in this Agreement, the Grantee must submit the following reports and information in accordance with the provisions hereof. (a) Status/Expense Reports. Grantee shall submit status/expense reports as indicated below. Quarterly Expense Reports: The Grantee shall submit Quarterly Expense Reports in the format provided by the Department. Reports shall be submitted quarterly (on a calendar basis) through the Project Completion Date. Final Reports: Grantee shall submit a Final Status Report and a Final Expense Report, in the format provided by the Department. The Final Reports are due no later than 30 days following the Project Completion Date. (b) Close-out Report. Notwithstanding anything to the contrary in Section 5.4 hereof, the Close-out report described therein is due upon the earlier of 45 days from the Project Completion Date or 45 days following the Grant End date stated in the Notice of Grant Award. (c) Additional Information. Upon request by the Department, the Grantee shall, within 10 business days of its receipt of such a request, submit additional written reports regarding the project, including, but not limited to, materials sufficient to document information provided by the Grantee. (d) Submittal of Reports. Submittal of reports and documentation required under Section 2.5 should be submitted to the individual identified in Exhibit 2 hereto. 2.6 FUNDING LIMITATIONS/RESTRICTIONS. The Grantee hereby expressly acknowledges and agrees to the following provisions: (a) The grant awarded pursuant to this Agreement is a one-time award. The State is not obligated to provide funding in subsequent State of Illinois fiscal years for the project funded by this grant. (b) Funding provided under this Agreement will not be used for sectarian purposes. (c) Without the express written consent of the Department, no grant funds nor property purchased with grant funds may be disbursed or conveyed respectively, to, on behalf of, or for the benefit of, any registered lobbyist or family member of such lobbyist, as the term is defined in the Lobbyist Registration Act (25 ILCS 170/1 etseq.). 2.7 OPPORTUNITIES FOR MINORITY FEMALE AND DISABLED PERSONS. Grantee shall use good faith efforts to recruit, develop and extend employment and contracting opportunities to women, minorities, and disabled persons from funds received under this grant. Nothing herein shall be deemed to modify or negate any requirement of the Business Enterprise for Minorities, Females and Persons with Disabilities Act (30 ILCS 575/1) or any other provision of this Grant Agreement. 2.8 MULTIPLE GRANT AWARDS. If the Grantee was previously awarded a grant by the Department to fund the project described in Part III hereof, the Department may, pursuant to Section 5.7(c), unilaterally revise Parts I and III of the previously executed Grant Agreement to accurately reflect all project activities and the multiple funding sources therefor. If the Grantee receives additional grants to fund the project described in Part III hereof subsequent to the execution of this Agreement, Parts I and III for said grant(s) will be developed to reflect all project activities and the multiple funding sources therefor. 2.9 FUNDING ACKNOWLEDGMENT. If requested by the Department, the Grantee shall post signs at the project site or affix signs/decals to equipment purchased with grant funds, which acknowledge the State as providing funds for the project. Signs not provided by the Department must be approved by the Department prior to posting. 2.10 TERMINATION FOR CAUSE. Grantee's failure to comply with any of the terms set forth in this Grant Agreement, shall be a sufficient basis to suspend or terminate this Agreement and seek recovery of all grant funds disbursed to the Grantee. A failure to comply with the terms of this Grant Agreement shall also be a sufficient basis to suspend or terminate any other grant(s) issued to the Grantee by the Department and to reject future grant requests for the Grantee. 2.11 FEDERAL STATE AND LOCAL LAWS. The Grantee is required to comply with all federal, state and local laws, including but not limited to the filing of any and all applicable tax returns. In the event that a Grantee is delinquent in filing and/or paying any federal, state and/or local taxes, the Department shall disburse grant funds only if the Grantee enters into an installment payment agreement with said tax authority and remains in good standing therewith. Grantee is required to tender a copy of any such installment payment agreement to the Department. In no event may Grantee utilize grant funds to discharge outstanding tax liabilities. The execution of this Grant EXHIBIT 1 The Project described in Part III and funded under this Grant Agreement, is subject to review by the external agency(ies) indicated in Section 2.2 hereof. Grantee must comply with requirements established by said agency(ies) relative to their respective reviews. Any requirements communicated to the Department shall be incorporated into this Agreement as follows: (1) as an attachment to this Exhibit 1 at the time of grant execution; or (ii) If received from the applicable agency(ies) subsequent to. execution, as an addendum to this Agreement. The Grantee is contractually obligated to comply with such requirements. Grantee is responsible for coordinating directly with the applicable external agency(ies) relative to said reviews. Except as specifically provided below, the Department's obligation to disburse funds under this Grant Agreement is contingent upon notification by the applicable agency(ies) that all requirements applicable to the Project have been satisfied. Upon receipt of said notification, disbursement of the grant funds shall be authorized in accordance with the provisions of Section 2.3 hereof. Prior to notification of compliance by the applicable-external agency(ies), the Grantee may request disbursement of funds only for the following purposes: administrative, contractual, legal, engineering, or architectural costs incurred which are necessary to allow for compliance by the Grantee of requirements established by the external agency(ies). FUNDS WILL NOT BE DISBURSED FOR LAND ACQUISITION OR ANY TYPE OF CONSTRUCTION OR OTHER ACTIVITY WHICH PHYSICALLY IMPACTS THE PROJECT SITE PRIOR TO RECEIPT BY THE DEPARTMENT OF THE REQUIRED NOTIFICATION FROM ALL APPLICABLE AGENCIES. EXHIBIT 2 - REPORT SUBMITTAL. Please submit your documents to: ❑ Ruth Ann Alinger Susan Boggs ❑ Duane Brusnighan ❑ Amy Dannenberger ❑ Mary Feagans ❑ Dan Fultz ❑ Bridgette Heard ❑ Kirk Kumerow ❑ Carla Needham ❑ Melissa Pantier ❑ Jim Reed ❑ Stacey Rieger ❑ Kathy Rudolph ❑ Paula Vehovic ❑ Blake Wood At the following address: Illinois Department of Commerce and Community Affairs Illinois FIRST Grant Unit 620 East Adams Street, 5th Floor Springfield, IL 62701.1696 1 Retain this page and all reporting forms for submittal for the appropriate reporting period. PART III SCOPE OF WORK Village of Buffalo Grove Section 1. Public Benefit The Grantee is a governmental entity. Completion of this project will control erosion along the banks and bridges of Buffalo Creek as well as improving the aesthetics of the area and quality of the creek. Erosion control is needed along the bridges and banks of the creek in order to reduce the risk of structural failure of the five bridges. Grant fund expenditures will include design and construction engineering, permit fees and a construction contract which will utilize vegetative, biotechnical and hard-bank stabilization methods of erosion control. The exact methods of erosion control are yet to be determined. 50,000 residents of Buffalo Grove will benefit from this project. Section 2. Grant Tasks The Grantee will use Grant funds in accordance with Part I, Budget. PART IV TERMS AND CONDITIONS GOVERNING GRANT (Governmental Entities) 4.1 APPLICABLE TIME LIMITATIONS. (i) Completion of Performance. All activities described in Part III hereof, which are chargeable to grant funds provided by this Agreement, must be completed by the grant period end date set forth in the Notice of Grant Award. (ii) Expenditure of Grant Funds. All grant funds provided under this Agreement must be expended or legally obligated by the grant end date set forth in the Notice of Grant Award. Grant funds not expended by the grant end date must be returned to the Department in accordance with directions provided by the Department. 4.2 INTEREST ON GRANT FUNDS. Any interest earned on grant funds provided under this Agreement must be accounted for and returned to the Department in accordance with the directions provided by the Department. Notwithstanding, the Grantee may be allowed to retain interest earned on grant funds awarded under this Agreement, provided that all of the following requirements are satisfied: (i) All interest earned must be accounted for and reported to the Department in the Grantee Close-Out Report in described in Section 5.4(B) herein. (ii) Interest may only be expended for activities which the Department determines are consistent with the Appropriation authorizing the funding for this grant; and (iii) The Grantee must submit any request to retain interest in writing to the Department's Office of the General Counsel. The Grantee must state the basis for the request, describe the activities on which interest will be expended and acknowledge its agreement to comply with the provisions of Section 4.2 hereof. The Department will notify the Grantee in writing of its approval or disapproval of the request to retain interest. 4.3 REFUNDS TO THE DEPARTMENT. Any refunds (unliquidated grant balance, interest earned on grant funds, or ineligible/improper grant expenditures) due the Department shall be remitted by the Grantee upon demand and pursuant to instructions issued by the Department. 4.4 BUDGET/SCOPE OF WORK MODIFICATIONS. (i) Grant Budget (Part 1). The Grantee must obtain prior written approval from the Department for any expenditures which materially vary from the expenditures set forth in Part I hereof. For purposes of this Agreement, "materially vary" means any variance within the line items set forth in Part I which exceeds 10% of the amount established for that line item or any line item added or substituted for a line item in Part I hereof. (ii) Scope of Work (Part III). The Grantee must obtain prior written approval from the Department before changing any of the activities specified in Part III which are chargeable to this grant. Any revision to Part III which results in the performance of activities by the Grantee which are inconsistent with the purpose set forth in the Appropriation authorizing the grant awarded under this Agreement are not permissible. 4.5 FISCAL RECORDING/REPORTING REQUIREMENTS. The Grantee is accountable for all funds disbursed under this grant. The Grantee's financial management system shall be structured to provide for accurate, current, and complete disclosure of the expenditure of all funds provided under this Agreement. The Grantee shall maintain effective control and accountability over all funds disbursed and equipment, property, or other assets acquired with grant funds. The Grantee shall keep records sufficient to permit the tracing of funds to a level of expenditure adequate to insure that funds have been expended in accordance with the terms of this Agreement. 4.6 GRANT DELIVERABLES. The Grantee will submit the following Grant deliverables in accordance with the Grant Agreement provisions referenced herein: (i) Project Status and Expense Reports (Section 2.5) (ii) Financial Close-out Package (Section 5.413); and (ill) Audit (if applicable) (Section 2.1 and Section 5.4C). 4.7 PROCUREMENT OF CONSTRUCTION AND PROFESSIONAL SERVICES: ACQUISITION OF EQUIPMENT OR LAND. The Grantee shall procure all construction and professional services, and acquire land, equipment and materials financed in whole or in part with grant funds provided hereunder, through written, contractual agreement(s), which specify the rights and obligations of both parties relevant to the specified transaction. 4.8 DUE DILIGENCE IN EXPENDITURE OF FUNDS. Grantee shall ensure that grant funds are expended in accordance with the following principles: (i) Grant expenditures should be made in accordance with generally accepted sound business practices, arms length bargaining, applicable Federal and State laws and regulations, and the terms and conditions of this Agreement; (ii) Grant expenditures should not exceed the amount which would be incurred by a prudent person under the circumstances prevailing at the time the decision is made to incur the costs; and (ill) Grant expenditures should be consistent with generally accepted accounting principles. 4.9 LEGAL COMPLIANCE. In addition to complying with the statutes and regulations specifically referenced in this Agreement, the Grantee is responsible for determining the applicability of and complying with any other laws, regulations, ordinances, etc., which govern the Grantee's performance of the activities described in Part III hereof, including, but not limited to purchasing/procurement rules, the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) and the Interagency Wetlands Policy Act (20 ILCS 830/1 et. seq.). PART V GENERAL PROVISIONS 5.1 GRANTEE AUTHORITY: INDEPENDENCE OF GRANTEE PERSONNEL: GRANTOR AUTHORITY: GOVERNING LAW. A. Grantee Authority. The Grantee warrants that it is the real party in interest to this Agreement, that it is not acting for or on behalf of an undisclosed party, and that it possesses legal authority to apply for this grant and to execute the proposed program or project described in Part III hereof. Grantee's execution of this Agreement shall serve as its attestation that Grantee has read, understands and agrees to all provisions of this Agreement and to be bound thereby. Grantee further acknowledges that the individual executing this agreement is authorized to do so on Grantee's behalf. B. Independence of Grantee Personnel. All technical, clerical, and other personnel necessary for the performance required by this Agreement shall be employed, or contracted with, by Grantee, and shall in all respects be subject to the rules and regulations of Grantee governing its employees. Neither Grantee nor its personnel shall be considered to be the agents or employees of the Department. C. Grantor Authority. The Department and its payroll employees, when acting pursuant to this Agreement, are acting as State officials in their official capacity and not personally or as the agents of others. D. Governing Law. This Grant is awarded in the State of Illinois for execution within the State of Illinois. This Agreement shall be governed by and construed according to Illinois law as that law would be interpreted by an Illinois Court. Where there is no Illinois law on a particular subject or issue, then the applicable law will be applied as it would be if interpreted and applied by an Illinois court. 5.2 SCOPE OF WORK. In consideration for the grant funds to be provided by the Department, the Grantee agrees to perform the project described in Part III hereof and to prepare and submit to the Department the reports and other deliverables described in this Agreement. 5.3 FISCAL RESPONSIBILITIES. A. Non Appropriation Clause. Payments pursuant to this Agreement are subject to the availability of applicable Federal and State funding from the Department and their appropriation and authorized expenditure under state law. Obligations of the State will cease immediately without penalty or liability of further payment being required if in any fiscal year that this Agreement is in effect the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this grant. The Grantee hereby is given actual knowledge of the fact that pursuant to the State Finance Act, 30 ILCS 105/30, payments under this grant are contingent upon there existing a valid appropriation therefor and that no officer shall contract any indebtedness on behalf of the State, or assume to bind the State in an amount in excess of the money appropriated, unless expressly authorized by law. If this is a multi-year grant, it is void by operation of law if the Department fails to obtain the requisite appropriation to pay the grant in any year in which this Agreement is in effect. B. Total Amount of Grant Limited. The Grantee expressly understands and agrees that the total financial obligation of the Department under this Agreement shall not exceed the total grant amount set forth on the Notice of Grant Award and the Grantee agrees expressly to fully complete the Scope of Work specified in this Agreement and all other obligations under this Agreement within the stated total consideration. C. Delivery of Grantee Payments. Payment to the Grantee under this Agreement shall be made payable in the name of the Grantee and sent to the person and place specified in the Notice of Grant Award. The Grantee may change the person to whom payments are sent, or the place to which payments are -sent by written notice to the Department signed by the Grantee. No such change or payment notice shall be binding upon the Department until ten (10) business days after actual receipt. 5.4 RECORDS RETENTION AND ACCESS TO RECORDS: PROJECT CLOSEOUT: ACCOUNTING: AND AUDIT REQUIREMENTS. A. Records Retention. The Grantee is accountable for all funds received under this Agreement and shall maintain, for a minimum of three (3) years following the later of the expiration or termination of this Agreement, adequate books, records, and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with this Agreement. This Agreement and all books, records and supporting documents related hereto shall be available for inspection and audit by the Department, the Auditor General of the State of Illinois, or any of their duly authorized representatives, and the Grantee agrees to cooperate fully with any audit conducted by the Auditor General, or the Department. Grantee agrees to provide full access to all relevant materials and to provide copies of same upon request. Failure to maintain books, records and supporting documents required by this Section 5.4 shall establish a presumption in favor of the Department for the recovery of any funds paid by the Department under this Agreement for which adequate books, records and supporting documentation are not available to support their purported disbursement. If any of the services to be performed under this Agreement are subcontracted, the Grantee shall include in all subcontracts covering such services, a provision that the Department and the Auditor General of the State of Illinois, or any of their duly authorized representatives, will have full access to and the right to examine any pertinent books, documents, papers and records of any such subcontractor involving transactions related to this Agreement for a period of three (3) years from the later of the expiration or termination of this Agreement. B. Grant Closeout. In addition to any other reporting requirements specified in this Agreement, the Grantee shall complete and submit a final Grant Closeout Report on forms provided by the Department, within time limits established by the Department, after the expiration or termination of this Agreement. The Grantee must report on the expenditure of grant funds provided by the State, and if applicable, the Grantee's required matching funds. The Grantee is responsible for taking the necessary steps to correct any deficiencies disclosed by such Grant Closeout Report, including such action as the Department, based on its review of the Grant Closeout Report, may direct. In accordance with the Illinois Grant Funds Recovery Act, 30 ILCS 705/1 et seq., the Grantee must, within 45 days of the expiration or termination of this Agreement, refund to the Department, any balance of funds which is unobligated at the end of the Grant term specified in the Notice of Grant Award. For purposes of preparation of grant closeout forms, the determination of allowable expenditures and excess grant funds shall be based on the premise that the total Grantee compensation under this Agreement shall not exceed the amount specified in the Notice of Grant Award. C. Audit Requirements. If required by Part II of this Grant Agreement, the Grantee shall be required to have an audit conducted in accordance with the following terms: a. State Audit Requirements: (i) The audit shall be conducted by a certified public accountant who is licensed by the State of Illinois to conduct an audit in accordance with Generally Accepted Auditing Standards. (ii) Grant funds shall be included in the Grantee's annual audit, unless the Department authorizes the Grantee to have a grant-specific audit conducted. (iii) Upon completion of an audit, an audit report shall be issued and the Grantee shall provide the Department with a copy of such audit report. (iv) The Grantee shall provide the Department with a copy of an audit report within 30 days of the Grantee's receipt of such audit report, but in no event later than nine months following the end of the period for which the audit was performed. The Grantee shall send the audit report to the Department at the following address: Illinois Department of Commerce and Community Affairs Division of Audits 620 East Adams Springfield, IL 62701 D. Worker's Compensation Insurance, Social Security. Retirement and Health Insurance Benefits. and Taxes. The Grantee shall provide Worker's Compensation insurance where the same is required and shall accept full responsibility for the payment of unemployment insurance, premiums for Workers' Compensation, Social Security and retirement and health insurance benefits, as well as all income tax deduction and any other taxes or payroll deductions required by law for its employees who are performing services specified by this Agreement. 5.5 TERMINATION: SUSPENSION. A. This Agreement may be terminated as follows: 1. Due to Loss of Funding. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement. In the event the Department suffers such a loss of funding in full or in part, the Department shall give the Grantee written notice which shall set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in the approved budget. 2. For Cause. If the Department determines that the Grantee has failed to comply with any of the terms, conditions or provisions of this Agreement, or any other Agreement executed by the Department and the Grantee, including any applicable rules or regulations, the Department may terminate this Agreement in whole or in part at any time before the •expiration date of this Agreement. The Department shall notify the Grantee in writing of the reasons for the termination and the effective date of the termination. Grantee shall not incur any costs after the effective date of the termination. Payments made to the Grantee or recovery by the Department shall be in accord with the legal rights and liabilities of the parties. In the event of termination for cause, Grantee shall also be subject to any other applicable provisions specified elsewhere in this Agreement. Termination for cause may render the Grantee ineligible for consideration for future grants from the Department. 3. For Convenience. The Department or the Grantee may terminate this Agreement in whole or in part when the Department and the Grantee agree that continuation of the program objectives would not produce beneficial results commensurate with the further expenditure of funds. The Department and the Grantee shall agree upon termination conditions including the effective date and, in the case of partial termination, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Grantee for the Department's share of the non-cancelled obligations, if properly incurred by the Grantee prior to termination. B. Suspension. If the Grantee fails to comply with the specific conditions and/or general terms and conditions of this Agreement, the Department may, after written notice to the Grantee, suspend this Agreement, withhold further payments and prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate this Agreement. Department may determine to allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided that the Department agrees that such costs were necessary and reasonable and incurred in accordance with the provisions of this Agreement. Section 5.6 INDEMNIFICATION. A. Non-governmental entities. The Grantee agrees to indemnify and hold the Department and/or the State of Illinois, and its officers, agents, or employees harmless from and against any and all claims, and actions, including but not limited to, attorneys' fees, costs and interest, based upon and arising out of any services performed under this Agreement by the Grantee and its officers, employees, agents, independent contractors, subcontractors, subrecipients, volunteers, or other associates. The Grantee shall further indemnify and hold the Department and/or the State of Illinois and/or its officers, agents and employees harmless from and against any and all liabilities, demands, claims, damages, suits costs, fees and expenses incident thereto, for injuries or death to persons and for loss or damage to or destruction of property because of negligence, intentional acts or omissions on the part of Grantee, its officers, employees, agents, independent contractors, . subcontractors, subrecipients, volunteers or other associates, arising out of any services performed under this Agreement. The Grantee further agrees to indemnify, save and hold harmless the Department, its officers, agents and employees against any liability, including costs and expenses associated with the violation of general, proprietary rights, copyrights or rights of privacy of third parties arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data developed or furnished under this Agreement or any libelous or any unlawful matter contained therein. B. Governmental Entities. In the event that the Grantee is a Governmental Entity, it will indemnify and hold harmless the Department as set out herein to the extent authorized by Federal and/or State constitutions(s) and/or laws. C. Notice. In the event that any demand or claim relating to the transactions or activities pursuant to this Agreement is made known to either party, the Department and/or the Grantee will notify the other party to this Agreement in writing in an expedient manner. 5.7 MODIFICATION BY OPERATION OF LAW: DISCRETIONARY MODIFICATIONS; BUDGET MODIFICATIONS. A. Modifications by Operation of Law. This Agreement is subject to such modifications as the Department determines may be required by changes in Federal or State law or regulations applicable to this Agreement. Any such required modification shall be incorporated into and be part of this Agreement as if fully set forth herein. The Department shall timely notify the Grantee of any pending implementation of or proposed amendment to such regulations of which it has notice. B. Budget Modifications. Budget modifications shall be made in accordance with any applicable provisions as specified elsewhere in this Agreement. C. Discretionary Modifications. If either the Department or the Grantee wishes to modify the terms of this Agreement other than as set forth in Sections A and B above, written notice of the proposed modification must be given to the other party. No modification will take effect until it is agreed to in writing by both the Department and the Grantee, except that if the Department notifies the Grantee in writing of a proposed modification without the prior written approval of the Grantee, failure of the Grantee to object in writing, specifying the reasons for the objections, within thirty (30) calendar days from the date of the Department's notice to the Grantee of such proposed modification, the modification will be deemed to be approved by the Grantee. The Department's notice to the Grantee shall contain the Grantee name, Grant number, modification number, purpose of the revision and signature of the Department's director. 5.8 CONFLICT OF INTEREST: INTEREST OF PUBLIC OFFICIALS/EMPLOYEES: BONUS/COMMISSION PROHIBITED- HIRING OF STATE EMPLOYEES PROHIBITED. A. Conflict of Interest. The Grantee shall establish safeguards to prohibit officers, directors, agents, employees and family members from using positions of employment for a purpose that is, or gives the appearance of, being motivated by a desire for a private gain for themselves or others, particularly those with whom they have family business or other ties. Safeguards, evidenced by rules or bylaws, shall be established to prohibit persons from engaging in actions which create or which appear to create a conflict of interest as described herein or in Section 2.6 of this Agreement. B. Interest of Public Officials/Employees. (i) Governmental Entity. If the Grantee is a governmental entity, the Grantee certifies that no officer or employee of the Grantee and no member of its governing body and no other public official of the locality in which the program objectives will be carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of such objectives shall participate in any decision relating to any contract negotiated under a program grant which affects his/her personal interest or the interest of any-corporation, partnership or association in which he/she is directly or indirectly interested, or has any financial interest, direct or indirect, in such contract or in the work to be performed under such contract. (ii) Nongovernmental Entity. If the Grantee is a nongovernmental entity, it shall comply with the provisions of Section 2.6 hereof relative to conflict of interest. Violations of this Section 5.8 (and 2.6 for non-governmental entities) may result in suspension or termination of this Agreement, and recovery of grant funds provided hereunder. Violators may also be criminally liable under other applicable State laws and subject to actions up to and including felony prosecution. C. Bonus or Commission Prohibited. The Grantee shall not pay any bonus or commission for the purpose of obtaining the grant awarded under this Agreement. D. Hiring State Employees Prohibited. No State officer or employee may be hired to perform services under this Agreement, or be paid with funds derived directly or indirectly through this grant without the written approval of the Department. 5.9 APPLICABLE STATUTES. A. Grantee Responsibility. All applicable Federal, State and local laws, rules and regulations governing the performance required by Grantee shall apply to this Agreement and will be deemed to be included in this Agreement the same as though written herein in full. Grantee is responsible for ensuring compliance with all applicable laws, rules and regulations, including, but not limited to those specifically referenced herein. Except where expressly required by applicable laws and regulations, the Department shall not be responsible for monitoring Grantee's compliance. B. Land Trust/Beneficial Disclosure Act ( 765 ILCS 405/2.1). No grant award funds shall be paid to any trustee of a land trust, or any beneficiary or beneficiaries of a land trust, for any purpose relating to the land which is the subject of such trust, any interest in such land, improvements to such land or use of such land unless an affidavit is first filed with the Department identifying each beneficiary of the land trust by name and address and defining such interest therein. C. Historic Preservation Act (20 ILCS 3420/1 et sea.). The Grantee will not expend funds under this Agreement which result in the destruction, alteration, renovation, transfer or sale, or utilization of a historic property, structure or structures, or in the introduction of visual, audible or atmospheric elements to a historic property, structure or structures, which will result in the change in the character or use of any historic property. D. State of Illinois Discrimination Laws (775 ILCS 5/1-101, et. seg.). In carrying out the performance required under this Agreement, the Grantee shall comply with all applicable provisions of the Illinois Human Rights Act, and rules and regulations promulgated by the Illinois Department of Human Rights, prohibiting unlawful discrimination in employment. Grantee's failure to comply with all applicable provisions of the Illinois Human Rights Act, or applicable rules and regulations promulgated thereunder, may result in a determination that Grantee is ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. E. Drugfree Workplace Act (30 ILCS 580/1, et. seg.). Grantee will make the certification required in this Agreement and will comply with all of the provisions of the Drugfree Workplace Act that are applicable to the Grantee. False certification or violation of the requirements of the Drugfree Workplace Act may result in sanctions including, but not limited to, suspension of grant payments, termination of this Agreement and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. F. Freedom of Information Act (5 ILCS 140/1 et. sea.). Applications, programmatic reports and other information obtained by the Department under this Agreement shall be administered pursuant to the Freedom of Information Act. The Department shall give Grantee timely notice in the event it receives a request for information submitted by Grantee relative to this Agreement. 5.10 MISCELLANEOUS PROVISIONS. A. Waivers. A waiver of any condition of this Agreement must be requested in writing. No waiver of any condition of this Agreement may be effective unless in writing from the Director of the Department. B. Assignment. The benefits of this Agreement and the rights, duties and responsibilities of the Grantee under this Agreement may not be assigned (in whole or in part) except with the express written approval of the Department acting through its Director. Any assignment by the Grantee in violation of this provision renders this Agreement voidable by the Department. C. Severability Clause. If any provision under this Agreement or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or its application of this Agreement which can be given effect without the invalid provision or application. - D. Integration Clause. This Agreement, with attachments, as written, is the full and complete agreement between the parties and there are no oral agreements or understandings. between the parties other than what has been reduced to writing herein. E. Comptroller Filing Notice. The Grantee expressly understands that whenever applicable, a copy of this Agreement and any modification, cancellation or renewal is required to be filed by the Department with the State Comptroller. F. Subcontract and Grants. The Grantee's services, duties and responsibilities specified herein shall not be subcontracted or subgranted by the Grantee without prior written approval of the Department, unless such subcontracts or subgrants are provided for elsewhere in this Agreement. Any subcontracts or subgrants shall be subject to, and conform with, all applicable State and Federal laws, and shall specifically provide that subcontractors or subgrantees are subject to all of the terms and conditions of this Agreement. PART VI STATE OF ILLINOIS REQUIRED CERTIFICATIONS The Grantee makes the following certifications as a condition of this Agreement. These certifications are required by State statute and are in addition to any certifications required by any Federal funding source as set forth in this Agreement. Grantee's execution of this Agreement shall serve as its attestation that the certifications made herein are true and correct. 6.1 COMPLIANCE WITH APPLICABLE LAW. The Grantee certifies that it shall comply with all applicable provisions of Federal, State and local law in the performance of its obligations pursuant to this Agreement. 6.2 CONFLICT OF INTEREST. The Grantee certifies that it has no public or private interest, direct or indirect, and shall not acquire directly or indirectly any such interest which does or may conflict in any manner with the performance of Grantee's services and obligations under this Agreement. 6.3 BID-RIGGING/BID-ROTATING. The Grantee certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5/33 E-3 and 5/33 E-4). 6.4 DEFAULT ON EDUCATIONAL LOAN. The Grantee certifies that this Agreement is not in violation of the Educational Loan Default Act (5 ILCS 385/3) prohibiting certain contracts to individuals who are in default on an educational loan. 6.5 AMERICANS WITH DISABILITIES ACT. The Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et. seq.) and the regulations thereunder (28 CFR 35.130) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this grant, the Grantee certifies that services, programs and activities provided under this Agreement are, and will continue to be, in compliance with the ADA. 6.6 DRUGFREE WORKPLACE ACT. The Grantee certifies that: A) It is a Corporation, Partnership, or other entity (other than an individual) with 24 or fewer employees at the time of execution of this Agreement. B) That the purpose of this grant is'to fund solid waste reduction. C) It is a Corporation, Partnership, or other entity (other than an individual) with 25 or more employees at the time of execution of this Agreement, or D) That it is an individual. If Option "A" or "B" is checked this Agreement is not subject to the requirements of the Act. If Option "C" or "D" is checked and the amount of this grant is five thousand dollars ($5,000.00) or more, the Grantee is notified that the Drugfree Workplace Act (30 ILCS 580/1 et seq.) is applicable to this Agreement, and the Grantee must comply with the terms of said Act, as set forth below: Grantee will provide a drugfree workplace by: (a) Publishing a statement: (i) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Grantee's workplace. (ii) Specifying the actions that will be taken against employees for violations of such prohibition. (iii)Notifying the employee that, as a condition of employment on such grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (i) the dangers of drug abuse in the workplace; (ii) the Grantee's policy of maintaining a drug free workplace; (iii)any available drug counseling, rehabilitation and employee assistance programs; and (iv)the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the grant and to post the statement in a prominent place in the workplace. (d) Notifying the granting agency within ten (10) days after receiving notice, under part (B) of paragraph (iii) of subsection (a) above, from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in, a drug abuse assistance or rehabilitation program by any employee who is so convicted, as required by Section 5 of the Drugfree Workplace Act, 30 ILCS 580/5. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation are required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drugfree workplace through implementation of the Drugfree Workplace Act, 30 ILCS 580/5. If Grantee is an individual, it certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this Agreement. 6.7 ANTI-BRIBERY. The Grantee certifies that neither it nor its employees have been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois, nor has Grantee or any of its employees made an admission of guilt of such conduct which is a matter of record as defined in the Illinois Procurement Code (30 ILCS 500/50-5). 6.8 DISCRIMINATION/ILLINOIS HUMAN RIGHTS ACT. The Grantee certifies (i) that it will not commit unlawful discrimination in employment in Illinois as that term is defined in Article 2 of said Act; (ii) that it will comply with the provisions of Article 5 of the Act regarding equal employment opportunities and affirmative action; and, (iii) that it will comply with policies and procedures established by the Department of Human Rights under Article 7 of the Act regarding equal employment opportunities and affirmative action. The Grantee further certifies that, if applicable, it will comply with "An Act to prohibit discrimination and intimidation on account of race, creed, color, sex, religion, physical or mental handicap unrelated to ability or national origin in employment under contracts for public buildings or public works." (775 ILCS 10/0.01 et. seq.) 6.9 SEXUAL HARASSMENT. The Grantee certifies that it has written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Grantee's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6.101 of the Illinois Human Rights Act (775 ILCS 5/2-105 (13)(5). A copy of the policies shall be provided to the Department upon request. 6.10 INTERNATIONAL ANTI-BOYCOTT CERTIFICATION. The Grantee hereby certifies that neither the Grantee nor any substantially owned affiliate company of the Grantee is participating or will participate in an international boycott, as defined by the provisions of the U.S. Export Administration Act of 1979, or as defined by the regulations of the U.S. Department of Commerce, promulgated pursuant to that Act (30 ILCS 582/1 et seq.). Board Agenda Item Submittal XI-x Requested By: Ghida Sahyouni Entered By: Ghida Sahyouni Agenda Item Title: Approval of Grant Agreement No.01-124040,between the Village of Buffalo Grove and the Illinois Department of Commerce&Community Affairs. The grant is for$25,000 for the assessment and purchase of 12 document imaging devices and a file server. The legislative sponsor for this Illinois First Grant is Senator Peterson. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/15/2000 11/20/2000 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The Illinois First funds will enable the Village to purchase 12 document imaging devices and a file server to assist the Village in developing and employing a paperless document management system. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files El Docl magAgrmt.pd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: i Published to Web: PART I BUDGET Village of Buffalo Grove Budget Item State Grant Assessment and purchase of 12 $25,000 document imaging devices and file server Total $25,000 The Village began purchase of the items detailed above in the first quarter, 2000. PART II-Al SPECIAL GRANT CONDITIONS (GOVERNMENTAL ENTITIES) (Non-construction) 2.1 AUDIT REQUIREMENTS, The Grantee is required to have an audit conducted as provided in Part V, Section 5.4C, Audit Requirements. The audit must include a Revenue (Receipt) and Expenditure Statement comparing budgeted amounts with actual for this grant. The audit must also include a compliance component which covers, at a minimum, the following items: • did the Grantee complete the activities described in the Scope of Work (Part III) within the Grant Term • did the Grantee obtain prior written approvals from the Department for material changes from the performance of the activities described in the Scope of Work (Part III) • did the Grantee expend grant funds within the grant period specified in the Notice of Grant Award • did the Grantee adhere to the grant Budget '(Part 1); if not, variances should be identified • did the Grantee obtain prior written approvals from the Department for any material variances in its expenditure of grant funds • did the Grantee adequately account for receipts and expenditures of grant funds • if applicable, did the Grantee return grant funds to the Department in accordance with the provisions of the Grant Agreement • are amounts reported in the Grantee's close-out package traceable to its general ledger The Grantee is not required to have an audit conducted as a condition of this Grant Agreement; however, if the Grantee receives during the term of this Grant Agreement (or has previously received), additional grants from the State of Illinois for the project described in Part III hereof, the Department may require the Grantee to have an audit conducted as provided in Part V, Section 5.4C(a)(iv) hereof. 2.2 PROJECTS REQUIRING EXTERNAL SIGN-OFFS. (a) Pursuant to applicable statute(s), this grant requires sign-off by the following State agency(ies). The status of the sign-off'is indicated as of the date the grant is sent to the Grantee for execution: AGENCY SIGN-OFF SIGN-OFF RECEIVED OUTSTANDING _ Illinois Historic Preservation Agency _ _ Illinois Dept. of Agriculture _ Illinois Dept. of Natural Resources -X NONE APPLICABLE While any external sign-off is outstanding, the provisions of Exhibit 1 apply with respect to the disbursement of funds under this grant. NOTE: The fact that a sign-off has been received in no way relieves the Grantee of its obligation to comply with any conditions or requirements conveyed by the applicable agency(ies) in conjunction with the issuance of the sign-off for the project funded under this Agreement. (b) For projects subject to review by the Illinois Environmental Protection Agency, the Grantee must, prior to construction, obtain a construction permit or "authorization to construct" from the IEPA pursuant to the provisions of the Environmental Protection Act, 415 I LCS 5/1 et seq. 2.3 PAYMENT PROVISIONS: PRIOR INCURRED COSTS. The Department shall authorize the State Comptroller's Office to disburse payment of the grant funds as follows: 1011) percent ( IDO °Jo) of the grant award will be authorized for disbursement upon the Department's execution of this Agreement. If the amount set forth herein is less than 100°y0 of the grant award, the disbursement schedule for the balance of the grant award is attached hereto as Exhibit 3. If external sign-offs are indicated in Section 2.2, above, disbursement of grant funds (whether advance or scheduled) are subject to the restrictions set forth in Exhibit 1. Upon receipt of all required sign-offs, the Department's Accounting Division will be notified to disburse grant funds in accordance with the disbursement method indicated herein. Note: The Department reserves the right to adjust the disbursement schedule set forth above. Reimbursement of costs incurred by the Grantee prior to the Beginning Date specified in the Notice of Grant Award requires the approval of the Department. Such costs must be clearly identified in Part I hereof. 2.4 PROJECT COMPLETION DATE. The Project Completion Date for this Grant is as indicated below: Notwithstanding the end date stated in the Notice of Grant Award, the project shall be deemed complete when all activities described in Part III hereof have been fully performed and grant funds have been expended or legally obligated by the Grantee for such activities pursuant to Parts I and III hereof. Grantee shall notify the Department of the Project Completion Date through the submittal of the Final Report described in Section 2.5 below. The Project Completion Date for this Grant is the end date stated in the Notice of Grant Award. 2.5 REPORTING REQUIREMENTS. In addition to any other documents specified in this Agreement, the Grantee must submit the following reports and information in accordance with the provisions hereof. (a) Status/Expense Reports. Grantee shall submit status/expense reports as indicated below. Quarterly Expense Reports: The Grantee shall submit Quarterly Expense Reports in the format provided by the Department. Reports shall be submitted quarterly (on a calendar basis) through the Project Completion Date. Final Reports: The Grantee shall submit a Final Status Report and a Final Expense Report, in the format provided by the Department. The Final Reports are due no later than 30 days following the Project Completion Date. (b) Close-out Report. The Close-out report described in Section 5.4 hereof is due 45 days following the end date stated in the Notice of Grant Award. (c) Additional Information. Upon request by the Department, the Grantee shall, within 10 business days of its receipt of such a request, submit additional written reports regarding the Project, including, but not limited to, materials sufficient to document information provided by the Grantee. (d) Submittal of Reports. Submittal of reports and documentation required under Section 2.5 should be submitted to the individual identified in Exhibit 2 hereto. 2.6 FUNDING LIMITATIONS/RESTRICTIONS. The Grantee hereby expressly acknowledges and agrees to the following provisions: (a) The grant awarded pursuant to this Agreement is a one-time award. The State is not obligated to provide funding in subsequent State of Illinois fiscal years for the project funded by this grant. (b) Funding provided under this Agreement will not be used for sectarian purposes. (c) Without the express written consent of the Department, no grant funds nor property purchased with grant funds may be disbursed or conveyed respectively, to, on behalf of, or for the benefit of, any registered Lobbyist or family member of such lobbyist, as the term is defined in the Lobbyist Registration Act (25 ILCS 170/1 etseq.). 2.7 OPPORTUNITIES FOR MINORITY FEMALE AND DISABLED PERSONS. Grantee shall use good faith efforts to recruit, develop and extend employment and contracting opportunities to women, minorities, and disabled persons from funds received under this grant. Nothing herein shall be deemed to modify or negate any requirement of the Business Enterprise for Minorities, Females and Persons with Disabilities Act (30 ILCS 575/1) or any other provision of this Grant Agreement. 2.8 MULTIPLE GRANT AWARDS. If the Grantee was previously awarded a grant by the Department to fund the project described in Part III hereof, the Department may, pursuant to Section 5.7(c), unilaterally revise Parts I and III of the previously executed Grant Agreement to accurately reflect all project activities and the multiple funding sources therefor. If the Grantee receives additional grants to fund the project described in Part III hereof subsequent to the execution of this Agreement, Parts I and III for said grant(s) will be developed to reflect all project activities and the multiple funding sources therefor.. 2.9 FUNDING ACKNOWLEDGMENT. If requested by the Department, the Grantee shall post signs at the project site or affix signs/decals to equipment purchased with grant funds, which acknowledge the State as providing funds for the project. Signs not provided by the Department must be approved by the Department prior to posting. 2.10 TERMINATION FOR CAUSE. Grantee's failure to comply with any of the terms set forth in this Grant Agreement, shall be a sufficient basis to suspend or terminate this Agreement and seek recovery of all grant funds disbursed to the Grantee. A failure to comply with the terms of this Grant Agreement shall also be a sufficient basis to suspend or terminate any other grant(s) issued to the Grantee by the Department and to reject future grant requests for the Grantee. 2.11 FEDERAL, STATE AND LOCAL LAWS. The Grantee is required to comply with all federal, state and local laws, including but not limited to the filing of any and all applicable tax returns. In the event that a Grantee is delinquent in filing and/or paying any federal, state and/or local taxes, the Department shall disburse grant funds only if the Grantee enters into an installment payment agreement with said tax authority and remains in good standing therewith. Grantee is required to tender a copy of any such installment payment agreement to the Department. In no event may Grantee utilize grant funds to discharge outstanding tax liabilities. The execution of this Grant Agreement by the Grantee is its certification that it is current as to the filing and payment of any federal, state and/or local taxes applicable to Grantee. EXHIBIT 1 The Project described in Part III and funded under this Grant Agreement, is subject to review by the external agency(ies) indicated in Section 2.2 hereof. Grantee must comply with requirements established by said agency(ies) relative to their respective reviews. Any requirements communicated to the Department shall be incorporated into this Agreement as follows: (i) as an attachment to this Exhibit 1 at the time of grant execution; or (ii) If received from the applicable agency(ies) subsequent to execution, as an addendum to this Agreement. The Grantee is contractually obligated to comply with such requirements. Grantee is responsible for coordinating directly with the applicable external agency(ies) relative to said reviews. Except as specifically provided below, the Department's obligation to disburse funds under this Grant Agreement is contingent upon notification by the applicable agency(ies) that all requirements applicable to the Project have been satisfied. Upon receipt of said notification, disbursement of the grant funds shall be authorized in accordance with the provisions of Section 2.3 hereof. Prior to notification of compliance by the applicable-external agency(ies), the Grantee may request disbursement of funds only for the following purposes: administrative, contractual, Legal, engineering, or architectural costs incurred which are necessary to allow for compliance by the Grantee of requirements established by the external agency(ies). FUNDS WILL NOT BE DISBURSED FOR LAND ACQUISITION OR ANY TYPE OF CONSTRUCTION OR OTHER ACTIVITY WHICH PHYSICALLY IMPACTS THE PROJECT SITE PRIOR TO RECEIPT BY THE DEPARTMENT OF THE REQUIRED NOTIFICATION FROM ALL APPLICABLE AGENCIES. EXHIBIT 2 - REPORT SUBMITTAL. Please submit your documents to: ❑ Ruth Ann Alinger / l� Susan Boggs ❑, Duane Brusnighan ❑ Amy Dannenberger ❑ Mary Feagans a ❑ Dan Fultz ❑ Bridgette Heard ❑ Kirk Kumerow ❑ Carla Needham ❑ Melissa Pantier ❑ Jim Reed ❑ Stacey Rieger ❑ Kathy Rudolph ❑ Paula Vehovic ❑ Blake Wood At the following address: Illinois Department of Commerce and Community Affairs Illinois FIRST Grant Unit 620 East Adams Street, 5th Floor Springfield, IL 62701-1696 1 Retain this page and all reporting forms for submittal for the appropriate reporting period. PART III SCOPE OF WORK Village of Buffalo Grove Section 1. Public Benefit The Grantee is a governmental entity. This project will assist the Grantee in developing and employing a paper less document management system reducing the paper flow and increasing the level of efficiency. 43,146 residents will benefit from this project. Section 2. Grant Tasks The Grantee will use Grant funds in accordance with Part I, Budget. PART IV TERMS AND CONDITIONS GOVERNING GRANT (Governmental Entities) 4.1 APPLICABLE TIME LIMITATIONS. (i) Completion of Performance. All activities described in Part III hereof, which are chargeable to grant funds provided by this Agreement, must be completed by the grant period end date set forth in the Notice of Grant Award. (ii) Expenditure of Grant Funds. All grant funds provided under this Agreement must be expended or legally obligated by the grant end date set forth in the Notice of Grant Award. Grant funds not expended by the grant end date must be returned to the Department in accordance with directions provided by the Department. 4.2 INTEREST ON GRANT FUNDS. Any interest earned on grant funds provided under this Agreement must be accounted for and returned to the Department in accordance with the directions provided by the Department. Notwithstanding, the Grantee may be allowed to retain interest earned on grant funds awarded under this Agreement, provided that all of the following requirements are satisfied: (i) All interest earned must be accounted for and reported to the Department in the Grantee Close-Out Report in described in Section 5.4(B) herein. (ii) Interest may only be expended for activities which the Department determines are consistent with the Appropriation authorizing the funding for this grant; and (iii) The Grantee must submit any request to retain interest in writing to the Department's Office of the General Counsel. The Grantee must state the basis for the request, describe the activities on which interest will be expended and acknowledge its agreement to comply with the provisions of Section 4.2 hereof. The Department will notify the Grantee in writing of its approval or disapproval of the request to retain interest. 4.3 REFUNDS TO THE DEPARTMENT. Any refunds (unliquidated grant balance, interest earned on grant funds, or ineligible/improper grant expenditures) due the Department shall be remitted by the Grantee upon demand and pursuant to instructions issued by the Department. 4.4 BUDGET/SCOPE OF WORK MODIFICATIONS. (1) Grant Budget (Part 1). The Grantee must obtain prior written approval from the Department for any expenditures which materially vary from the expenditures set forth in Part I hereof. For purposes of this Agreement, "materially vary" means any variance within the line items set forth in Part I which exceeds 10% of the amount established for that line item or any line item added or substituted for a line item in Part I hereof. (ii) Scope of Work (Part III). The Grantee must obtain prior written approval from the Department before changing any of the activities specified in Part III which are chargeable to this grant. Any revision to Part III which results in the performance of activities by the Grantee which are inconsistent with the purpose set forth in the Appropriation authorizing the grant awarded under this Agreement are not permissible. 4.5 FISCAL RECORDING/REPORTING REQUIREMENTS. The Grantee is accountable for all funds disbursed under this grant. The Grantee's financial management system shall be structured to provide for accurate, current, and complete disclosure of the expenditure of all funds provided under this Agreement. The Grantee shall maintain effective control and accountability over all funds disbursed and equipment, property, or other assets acquired with grant funds. The Grantee shall keep records sufficient to permit the tracing of funds to a level of expenditure adequate to insure that funds have been expended in accordance with the terms of this Agreement. 4.6 GRANT DELIVERABLES. The Grantee will submit the following Grant deliverables in accordance with the Grant Agreement provisions referenced herein: (i) Project Status and Expense Reports (Section 2.5) (ii) Financial Close-out Package (Section 5.413); and (iii) Audit (if applicable) (Section 2.1 and Section 5.4C). 4.7 PROCUREMENT OF CONSTRUCTION AND PROFESSIONAL SERVICES: ACQUISITION OF EQUIPMENT OR LAND. The Grantee shall procure all construction and professional services, and acquire land, equipment and materials financed in whole or in part with grant funds provided hereunder, through written, contractual agreement(s), which specify the rights and obligations of both parties relevant to the specified transaction. 4.8 DUE DILIGENCE IN EXPENDITURE OF FUNDS. Grantee shall ensure that grant funds are expended in accordance with the following principles: (i) Grant expenditures should be made in accordance with generally accepted sound business practices, arms length bargaining, applicable Federal and State laws and regulations, and the terms and conditions of this Agreement; (ii) Grant expenditures should not exceed the amount which would be incurred by a prudent person under the circumstances prevailing at the time the decision is made to incur the costs; and (iii) Grant expenditures should be consistent with generally accepted accounting principles. 4.9 LEGAL COMPLIANCE. In addition to complying with the statutes and regulations specifically referenced in this Agreement, the Grantee is responsible for determining the applicability of and complying with any other laws, regulations, ordinances, etc., which govern the Grantee's performance of the activities described in Part III hereof, including, but not limited to purchasing/procurement rules, the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) and the Interagency Wetlands Policy Act (20 ILCS"830/1 et. seq.). PART V GENERAL PROVISIONS 5.1 GRANTEE AUTHORITY: INDEPENDENCE OF GRANTEE PERSONNEL: GRANTOR AUTHORITY: GOVERNING LAW, A. Grantee Author ft. The Grantee warrants that it is the real party in interest to this Agreement, that it is not acting for or on behalf of an undisclosed party, and that it possesses legal authority to apply for this grant and to execute the proposed program or project described in Part III hereof. Grantee's execution of this Agreement shall serve as- its attestation that Grantee has read, understands and agrees to all provisions of this Agreement and to be bound thereby. Grantee further acknowledges that the individual executing this agreement is authorized to do so on Grantee's behalf. B. Indegendence of Grantee Personnel. All technical, clerical, and other personnel necessary for the performance required by this Agreement shall be employed, or contracted with, by Grantee, and shall in all respects be subject to the rules and regulations of Grantee governing its employees. Neither Grantee nor its personnel shall be considered to be the agents or employees of the Department. C. Grantor Authority. The Department and its payroll employees, when acting pursuant to this Agreement, are acting as State officials in their official capacity and not personally or as the agents of others. D. Governing. Law. This Grant is awarded in the State of Illinois for execution within the State of Illinois. This Agreement shall be governed by and construed according to Illinois law as that law would be interpreted by an Illinois Court. Where there is no Illinois law on a particular subject or issue, then the applicable law will be applied as it would be if interpreted and applied by an Illinois court. 5.2 SCOPE OF WORK. In consideration for the grant funds to be provided by the Department, the Grantee agrees to perform the project described in Part III hereof and to prepare and submit to the Department the reports and other deliverables described in this Agreement. 5.3 FISCAL RESPONSIBILITIES. A. Non ApproRriation Clause. Payments pursuant to this Agreement are subject to the availability of applicable Federal and State funding from the Department and their appropriation and authorized expenditure under state law. Obligations of the State will cease immediately without penalty or liability of further payment being required if in any fiscal year that this Agreement is in effect the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this grant. The Grantee hereby is given actual knowledge of the fact that pursuant to the State Finance Act, 30 ILCS 105/30, payments under this grant are contingent upon there existing a valid appropriation therefor and that no officer shall contract any indebtedness on behalf of the State, or assume to bind the State in an amount in excess of the money appropriated, unless expressly authorized by law. If this is a multiyear grant, it is void by operation of law if the Department fails to obtain the requisite appropriation to pay the grant in any year in which this Agreement is in effect. B. Total Amount of Grant Limited, The Grantee expressly understands and agrees that the total financial obligation of the Department under this Agreement shall not exceed the total grant amount set forth on the Notice of Grant Award and the Grantee agrees expressly to fully complete the Scope of Work specified in this Agreement and all other obligations under this Agreement within the stated total consideration. C. Delivery of Grantee Payments. Payment to the Grantee under this Agreement shall be made payable in the name of the Grantee and sent to the person and place specified in the Notice of Grant Award. The Grantee may change the person to whom payments are sent, or the place to which payments are sent by written notice to the Department signed by the Grantee. No such change or payment notice shall be binding upon the Department until ten (10) business days after actual receipt. ' 5.4 RECORDS RETENTION AND ACCESS TO RECORDS: PROJECT CLOSEOUT: ACCOUNTING• AND AUDIT REQUIREMENTS. A. Records Retention. The Grantee is accountable for all funds received under this Agreement and shall maintain, for a minimum of three (3) years following the later of the expiration or termination of this Agreement, adequate books, records, and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with this Agreement. This Agreement and all books, records and supporting documents related hereto shall be available for inspection and audit by the Department, the Auditor General of the State of Illinois, or any of their duly authorized representatives, and the Grantee agrees to cooperate fully with any audit conducted by the Auditor General or the Department. Grantee agrees to provide full access to all relevant materials and to provide copies of same upon request. Failure to maintain books, records and supporting documents required by this Section 5.4 shall establish a presumption in favor of the Department for the recovery of any funds paid by the Department under this Agreement for which adequate books, records and supporting documentation are not available to support their purported disbursement. If any of the services to be performed under this Agreement are subcontracted, the Grantee shall include in all subcontracts covering such services, a provision that the Department and the Auditor General of the State of Illinois, or any of their duly authorized representatives, will have full access to and the right to examine any pertinent books, documents, papers and records of any such subcontractor involving transactions related to this Agreement for a period of three (3) years from the later of the expiration or termination of this Agreement. B. Giant Closeout. In addition to any other reporting requirements specified in this Agreement, the Grantee shall complete and submit a final Grant Closeout Report on forms provided by the Department, within time limits established by the Department, after the expiration or termination of this Agreement. The Grantee must report on the expenditure of grant funds provided by the State, and if applicable, the Grantee's required matching funds. The Grantee is responsible for taking the necessary steps to correct any deficiencies disclosed by such Grant Closeout Report, including such action as the Department, based on its review of the Grant Closeout Report, may direct. In accordance with the Illinois Grant Funds Recovery Act, 30 ILCS 705/1 et seq., the Grantee must, within 45 days of the expiration or termination of this Agreement, refund to the Department, any balance of funds which is unobligated at the end of the Grant term specified in the Notice of Grant Award. For purposes of preparation of grant closeout forms, the determination of allowable expenditures and excess grant funds shall be based on the premise that the total Grantee compensation under this Agreement shall not exceed the amount specified in the Notice of Grant Award. C. Audit Requirements. If required by Part II of this Grant Agreement, the Grantee shall be required to have an audit conducted in accordance with the following terms: a. State Audit Requirements: (i) The audit shall be conducted by a certified public accountant who is licensed'by the State of Illinois to conduct an audit in accordance with Generally Accepted Auditing Standards. (ii) Grant funds shall be included in the Grantee's annual audit, unless the Department authorizes the Grantee to have a grant-specific audit conducted. (iii) Upon completion of an audit, an audit report shall be issued and the Grantee shall provide the Department with a copy of such audit report. (iv) The Grantee shall provide the Department with a copy of an audit report within 30 days of the Grantee's receipt of such audit report, but in no event later than nine months following the end of the period for which the audit was performed. The Grantee shall send the audit report to the Department at the following address: Illinois Department of Commerce and Community Affairs Division of Audits 620 East Adams Springfield, IL 62701 D. Worker's Compensation Insurance, Social Security. Retirement and Health Insurance. Benefits. and Taxes. The Grantee shall provide Worker's Compensation insurance where the same is required and shall accept full responsibility for the payment of unemployment insurance, premiums for Workers' Compensation, Social Security and retirement and health insurance benefits, as well as all income tax deduction and any other taxes or payroll deductions required by law for its employees who are performing services specified by this Agreement. 5.5 TERMINATION: SUSPENSION. A. This Agreement may be terminated as follows: J 1. Due to Loss of Fundine. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement. In the event the Department suffers such a loss of funding in full or in part, the Department shall give the Grantee written notice which shall set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in the approved budget. 2. For Cause. If the Department determines that the Grantee has failed to comply with any of the terms, conditions or provisions of this Agreement, or any other Agreement executed by the Department and the Grantee, including any applicable rules or regulations, the Department may terminate this Agreement in whole or in part at any time before the expiration date of this Agreement. The Department shall notify the Grantee in writing of the reasons for the termination and the effective date of the termination. Grantee shall not incur any costs after the effective date of the termination. Payments made to the Grantee or recovery by the Department shall be in accord with the legal rights and liabilities of the parties. In the event of termination for cause, Grantee shall also be subject to any other applicable provisions specified elsewhere in this Agreement. Termination for cause may render the Grantee ineligible for consideration for future grants from the Department. 3. For Convenience. The Department or the Grantee may terminate this Agreement in whole or in part when the Department and the Grantee agree that continuation of the program objectives would not produce beneficial results commensurate with the further expenditure of funds. The Department and the Grantee shall agree upon termination conditions including the effective date and, in the case of partial termination, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall allow full credit to the Grantee for the Department's share of the non-cancelled obligations, if properly incurred by the Grantee prior to termination. B. Suspension. If the Grantee fails to comply with the specific conditions and/or general. terms and conditions of this Agreement, the Department may, after written notice to the Grantee, suspend this Agreement, withhold further payments and prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate this Agreement. Department may determine to allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided that the Department agrees that such costs were necessary and reasonable and incurred in accordance with the provisions of this Agreement. Section 5.6 INDEMNIFICATION. A. Non-governmental entities. The Grantee agrees to indemnify and hold the Department and/or the State of Illinois, and its officers, agents, or employees harmless from anct against - any and all claims, and actions, including but not limited to, attorneys' fees, costs and V interest, based upon and arising out of any services performed under this Agreement by the Grantee and its officers, employees, agents, independent contractors, subcontractors, subrecipients, volunteers, or other associates. The Grantee shall further indemnify and hold the Department and/or the State of Illinois and/or its officers, agents and employees harmless from and against any and all liabilities, demands, claims, damages, suits costs, fees and expenses incident thereto, for injuries or death to persons and for loss or damage to or destruction of property because of negligence, intentional acts or omissions on the part of Grantee, its officers, employees, agents, independent contractors, subcontractors, subrecipients, volunteers or other associates, arising out of any services performed under this Agreement. The Grantee further agrees to indemnify, save and hold harmless the Department, its officers, agents and employees against any liability, including costs and expenses associated with the violation of general, proprietary rights, copyrights or rights of privacy of third parties arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data developed or furnished under this Agreement or any libelous_or any unlawful matter contained therein. B. Governmental Entities. In the event that the Grantee is a Governmental Entity, it will indemnify and hold harmless the Department as set out herein to the extent authorized by Federal and/or State constitutions(s) and/or laws. C. Notice. In the event that any demand or claim relating to the transactions or activities pursuant to this Agreement is made known to either party, the Department and/or the Grantee will notify the other party to this Agreement in writing in an expedient manner. 5.7 MODIFICATION BY OPERATION OF LAW: DISCRETIONARY MODIFICATIONS: BUDGET MODIFICATIONS. A. Modifications by Operation of Law. This Agreement is subject to such modifications as the Department determines may be required by changes in Federal or State law or regulations applicable to this Agreement. Any such required modification shall be incorporated into and be part of this Agreement as if fully set forth herein. The Department shall timely notify the Grantee of any pending implementation of or proposed amendment to such regulations of which it has notice. B. Budget Modifications. Budget modifications shall be made in accordance with any applicable provisions as specified elsewhere in this Agreement. C. Discretionary Modifications. If either the Department or the Grantee wishes to modify the terms of this Agreement other than as set forth in Sections A and B above, written notice of the proposed modification must be given to the other party. No modification will take effect until it is agreed to in writing by both the Department and the Grantee, except that if the Department notifies the Grantee in writing of a proposed modification without the prior written approval of the Grantee, failure of the Grantee to object in writing, specifying the reasons for the objections, within thirty (30) calendar days from the date of the Department's notice to the Grantee of such proposed modification, the modification will be deemed to be approved by the Grantee. The Department's notice to the Grantee shall contain the Grantee name, Grant number, modification number, purpose of the revision and signature of the Department's director. 5.8 CONFLICT OF INTEREST: INTEREST OF PUBLIC OFFICIALS/EMPLOYEES: BONUS/COMMISSION PROHIBITED: HIRING OF STATE EMPLOYEES PROHIBITED, A. Conflict of Interest, The Grantee shall establish safeguards to prohibit officers, directors, agents, employees and family members from using positions of employment for a purpose that is, or gives the appearance of, being motivated by a desire for a private gain for themselves or others, particularly those with whom they have family business or other ties. Safeguards, evidenced by rules or bylaws, shall be established to prohibit persons from engaging in actions which create or which appear to create a conflict of interest as described herein or in Section 2.6 of this Agreement. B. Interest of Public Officials/Em1loyees. (i) Governmental *Entity. If the Grantee is a governmental entity, the Grantee certifies that no officer or employee of the Grantee.and no member of its governing body and no other public official of the locality in which the program objectives will be carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of such objectives shall participate in any decision relating to any contract negotiated under a program grant which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested, or has any financial interest, direct or indirect, in such contract or in the work to be performed under such contract. (ii) Nongovernmental Entity. If.the Grantee is a nongovernmental entity, it shall comply with the provisions of Section 2.6 hereof relative to conflict of interest. - Violations of this Section 5.8 (and 2.6 for nongovernmental entities) may result in suspension or termination of this Agreement, and recovery of grant funds provided hereunder. Violators may also be criminally liable under other applicable State laws and subject to actions up to and including felony prosecution. C. Bonus or Commission Prohibited, The Grantee shall not Ray any bonus or commission for the purpose of obtaining the grant awarded under this Agreement. D. Hiring State Employees Prohibited, No State officer or employee may be hired to perform services under this Agreement, or be paid with funds derived directly or indirectly through this grant without thewritten approval of the Department. 5.9 APPLICABLE STATUTES. A. Grantee Responsibility. All applicable Federal, State and local laws, rules and regulations governing the performance required by Grantee shall apply to this Agreement and will be deemed to be included in this Agreement the same as though written herein in full. Grantee is responsible for ensuring compliance with all applicable laws, rules and regulations, including, but not limited to those specifically referenced herein. Except where expressly required by applicable laws and regulations, the Department shall not be responsible for monitoring Grantee's compliance. B. Land Trust/Beneficial Disclosure Act ( 765 ILLS 405/2.31 No grant award funds shall be paid to any trustee of a land trust, or any beneficiary or beneficiaries of a land trust, for any purpose relating to the land which is the subject of such trust, any interest in such land, improvements to such land or use of such land unless an affidavit is first filed with the Department identifying each beneficiary of the land trust by name and address and defining such interest therein. C. Historic Preservation Act (20 ILCS 3420/1 et sea.). The Grantee will not expend funds under this Agreement which result in the destruction, alteration, renovation, transfer or sale, or utilization of a historic property, structure or structures, or in the introduction of visual, audible or atmospheric elements to a historic property, structure or structures, which will result in the change in the character or use of any historic property. D. State of Illinois Discrimination Laws (775 ILCS 5/1.101, et. sea.). In carrying out the performance required under this Agreement, the Grantee shall comply with all applicable provisions of the Illinois Human Rights Act, and rules and regulations promulgated by the Illinois Department of Human Rights, prohibiting unlawful discrimination in employment. Grantee's failure to comply with all applicable provisions of the Illinois Human Rights Act, or applicable rules and regulations promulgated thereunder, may result in a determination that Grantee is ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. E. Drugfree Workplace Act (30 ILCS 580/1, et. seg.). Grantee will make the certification required in this Agreement and will comply with all of the provisions of the Drugfree Workplace Act that are applicable to the Grantee. False certification or violation of the requirements of the Drugfree Workplace Act may result in sanctions including, but not limited to, suspension of grant payments, termination of this Agreement and debarment of contracting or grant opportunities with the State for at least one (1)year but not more than five (5) years. F. Freedom of Information Act (5 ILCS 140/1 et sea ) Applications, programmatic reports and other information obtained by the Department under this Agreement shall be administered pursuant to the Freedom of Information Act. The Department shall give Grantee timely notice in the event it receives a request for information.submitted by Grantee relative to this Agreement. 5.10 MISCELLANEOUS PROVISIONS, A. Waivers. A waiver of any condition of this Agreement must be requested in writing. No waiver of any condition of this Agreement may be effective unless in writing from the Director of the Department. B. Assignment. The benefits of this Agreement and the rights, duties and responsibilities of the Grantee under this Agreement may not be .assigned (in whole or in part) except with the express written approval of the Department acting through its Director. Any assignment by the Grantee in violation of this provision renders this Agreement voidable by the Department. C. Severabilily Clause. If any provision under this Agreement or its application to any ,person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or its application of this Agreement which can be given effect without the invalid provision or application. D. Integration Clause. This Agreement, with attachments, as written, is the full and complete agreement between the parties and there are no oral agreements or understandings between the parties other than what has been reduced to writing herein. E. Comotroller Filing Notice, The Grantee expressly understands that whenever applicable, a copy of this Agreement and any modification, cancellation or renewal is required to be filed by the Department with the State Comptroller. J F. Subcontract and Grants. The Grantee's services, duties and responsibilities specified herein shall not be subcontracted or subgranted by the Grantee without prior written approval of the Department, unless such subcontracts or subgrants are provided for elsewhere in this Agreement. Any subcontracts or subgrants shall be .subject to, and conform with, all applicable State and Federal laws, and shall specifically provide that subcontractors or subgrantees are subject to all of the terms and conditions of this Agreement. PART VI STATE OF ILLINOIS REQUIRED CERTIFICATIONS The Grantee makes the following certifications as a condition of this Agreement. These certifications are required by State statute and are in addition to any certifications required by any Federal funding source as set forth in this Agreement. Grantee's execution of this Agreement shall serve as its attestation that the certifications made herein are true and correct. 6.1 COMPLIANCE WITH APPLICABLE LAW, The Grantee certifies that it shall comply with all applicable provisions of Federal, State and local law in the performance of its obligations pursuant to this Agreement. 6.2 CONFLICT OF INTEREST, The Grantee certifies that it has no public or private interest, direct or indirect, and shall not acquire directly or indirectly any such interest which does or may conflict in any manner with the performance of Grantee's services and obligations under this Agreement. 6.3 BID-RIGGING/BID-ROTATING. The Grantee certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5/33 E-3 and 5/33 E-4). 6.4 DEFAULT ON EDUCATIONAL LOAN. The Grantee certifies that this Agreement is not in violation of the Educational Loan Default Act (5 ILCS 385/3) prohibiting certain contracts to individuals who are in default on an educational loan. 6.5 AMERICANS WITH DISABILITIES ACT. The Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et. seq.) and the regulations thereunder (28 CFR 35.130) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this grant, the Grantee certifies that services, programs and activities provided under this Agreement are, and will continue to be, in-compliance with the ADA. 6.6 DRUGFREE WORKPLACE ACT. The Grantee certifies that: A) It is a Corporation, Partnership, or other entity (other than an individual) with 24 or fewer employees at the time of execution of this Agreement. B) That the purpose of this grant is to fund solid waste reduction. C) X It is a Corporation, Partnership, or other entity (other than an individual) with 2S • ' or more employees at the time of execution of this Agreement, or D) That it is an individual. If Option "A" or 'B" is checked this Agreement is not subject to the requirements of the Act. s� If Option 'C' or 'D' is checked and the amount of this grant is five thousand dollars ($5,000.00) or more, the Grantee is notified that the Drugfree Workplace Act (30 ILCS 580/1 et seq.) is applicable to this Agreement, and the Grantee must comply with the terms of said Act, as set forth below: Grantee will provide a drugfree workplace by: (a) Publishing a statement: (i) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Grantee's workplace. (ii) Specifying the actions that will be taken against employees for violations of such prohibition. (iii)Notifying the employee that, as a condition of employment on such grant, the employee will: (A) abide by.the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (i) the dangers of drug abuse in Ahe workplace; (ii) the Grantee's policy of maintaining a drug free workplace; (iii)any available drug counseling, rehabilitation and employee assistance programs; and (iv)the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the grant and to post the statement in a prominent place in the workplace. (d) Notifying the granting agency within ten (10) days after receiving notice, under part (B) of paragraph (iii) of subsection (a) above, from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in, a drug abuse assistance or rehabilitation program by any employee who is so convicted, as required by Section 5 of the Drugfree Workplace Act, 30 ILCS 580/5. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation are required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drugfree workplace through implementation of the Drugfree Workplace Act, 30 ILCS 580/5. If Grantee is an individual, it certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this Agreement. 6.7 ANTI-BRIBERY. The Grantee certifies that neither it nor its employees have been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois, nor has Grantee or any of its employees made an admission of guilt of such conduct which is a matter of record as defined in the Illinois Procurement Code (30 ILCS 500/50-5). 6.8 DISCRIMINATION/ILLINOIS HUMAN RIGHTS ACT, The Grantee certifies (i) that it will not commit unlawful discrimination in employment in Illinois as that term is defined in Article 2 of said Act; (ii) that it will comply with the provisions of Article 5 of the Act regarding equal employment opportunities and affirmative action; and, (iii) that it will comply with policies and procedures established by the Department of Human Rights under Article 7 of the Act regarding equal employment opportunities and affirmative action. The Grantee further certifies that, if applicable, it will comply with 'An Act to prohibit discrimination and intimidation on account of race, creed, color, sex, religion, physical or mental handicap unrelated to ability or national origin in employment under contracts for public buildings or public works.' (775 ILCS 10/0.01 et. seq.) 6.9 SEXUAL HARASSMENT, The Grantee certifies that it has written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Grantee's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6.101 of the Illinois Human Rights Act (775 ILCS 5/2-105 (BX5). A copy of the policies shall be provided to the Department upon request. 6.10 INTERNATIONAL ANTI-BOYCOTT CERTIFfCATION. The Grantee hereby certifies that neither the Grantee nor any substantially owned affiliate company of the Grantee is participating or will participate in an international boycott, as defined by the provisions of the U.S. Export Administration Act of 1979, or' as defined by the regulations of the U.S. Department of Commerce, promulgated pursuant to that Act (30 ILCS 582/1 et seq.). Board Agenda Item Submittal XI-I Requested By: Ghida Sahyouni Entered By: Ghida Sahyouni Agenda Item Title: Approval of Grant Agreement No.00-127184,between the Village of Buffalo Grove and the Illinois Department of Commerce&Community Affairs. The grant is for$50,000 for an enhanced wireless communication network. The legislative sponsor for this Illinois First Grant is Representative Mathias. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 11/15/2000 11/20/2000 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The grant funds will enable the Village to expand its wireless communication network to include the Buffalo Grove Park District, local school districts and local community organizations.When complete, this project will allow local area governments and organizations to improve service by improving the means of communication with each other. Specifically,this project will allow for teleconferencing, enhanced joint training opportunities, e-mail communications while away from a building,and a reduction in paperwork processing. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files WirelessAgrmt.pd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Part I Budget 00-127184 Budget Item State Grant RF Components $14,013.00 Antenna $18,200.00 LAN Local Area Network $2,800.00 Power $800.00 Site Survey $7,440.00 Design $3,400.00 Implementation $3,347.00 TOTAL $50,000.00 PART II-Al SPECIAL GRANT CONDITIONS (GOVERNMENTAL ENTITIES) (Non-construction) 2.1 AUDIT REQUIREMENTS, The Grantee is required to have an audit conducted as provided in Part V, Section 5.4C, Audit Requirements. The audit must include a Revenue (Receipt) and Expenditure Statement comparing budgeted amounts with actual for this grant. The audit must also include a compliance component which covers, at a minimum, the following items: • did the Grantee complete the activities described in the Scope of Work (Part III) within the Grant Term • did the Grantee obtain prior written approvals from the Department for material changes from the performance of the activities described in the Scope of Work (Part III) • did the Grantee expend grant funds within the grant period specified in the Notice of Grant Award • did the Grantee adhere to the grant Budget (Part 1); if not, variances should be identified • did the Grantee obtain prior written approvals from the Department for any material variances in its expenditure of grant funds • did the Grantee adequately account for receipts and expenditures of grant funds • if applicable, did the Grantee return grant funds to the Department in accordance with the provisions of the Grant Agreement • are amounts reported in the Grantee's close-out package traceable to its general ledger The Grantee is not required to have an audit conducted as a condition of this Grant Agreement; however, if the Grantee receives during the term of this Grant Agreement (or has previously received), additional grants from the State of Illinois for the project described in Part III hereof, the Department may require the Grantee to have an audit conducted as provided in Part V, Section 5.4C(a)(iv) hereof. 2.2 PROJECTS REQUIRING EXTERNAL SIGN-OFFS. (a) Pursuant to applicable statute(s), this grant requires sign-off by the following State agency(ies). The status of the sign-off is indicated as of the date the grant is sent to the Grantee for execution: AGENCY SIGN-OFF SIGN-OFF RECEIVED OUTSTANDING _ Illinois Historic Preservation Agency — — _ Illinois Dept. of Agriculture -- — Illinois Dept. of Natural Resources — — NONE APPLICABLE While any external sign-off is outstanding, the provisions of Exhibit 1 apply with respect to the disbursement of funds under this grant. NOTE: The fact that a sign-off has been received in no way relieves the Grantee of its obligation to comply with any conditions or requirements conveyed by the applicable agency(ies) in conjunction with the issuance of the sign-off for the project funded under this Agreement. (b) For projects subject to review by the Illinois Environmental Protection Agency, the Grantee must, prior to construction, obtain a construction permit or "authorization to construct" from the IEPA pursuant to the provisions of the Environmental Protection Act, 415 I LCS 5/1 et seq. 2.3 PAYMENT PROVISIONS: P IO OffRe INCURRED seCOSTS. payment of the Department grant funds has authorize the State Compt oI er' follows: 00 percent (�%) of the grant award will be authorized for disbursement upon the Department's execution of thie dgbursementlschedu a for amount theset balance of the grant forth herein is less than 100% of the grant award, award is attached hereto as Exhibit 3. If external sign-offs are indicated in Section 2.2, above, disbursement of grant funds (whether advance or scheduled) are subject to the restrictions set forth in Exhibit 1. Upon receipt of all required sign-offs, the Department's Accounting Division will be notified to disburse grant funds in accordance with the disbursement method indicated herein. Note: The Department reserves the right to adjust the disbursement schedule set forth above. Reimbursement of costs incurred by the Grantee prior to the Beginning Date specified in the Notice of Grant Award requires the approval of the Department. Such costs must be clearly identified in Part I hereof. 2.4 PROJECT COMPLETION DATE. The Project Completion Date for this Grant is as indicated below: Notwithstanding the end date stated in the Notice of Grant Award, the project shall be deemed complete when all activities described in Part III hereof have been fully performed and grant funds have been expended or legally obligated by the Grantee for such activities pursuant to Parts I and III hereof. Grantee shall notify the Department of the Project Completion Date through the submittal of the Final Report described in Section 2.5 below. The Project Completion Date for this Grant is the end date stated in the Notice of Grant Award. 2.5 REPORTING REQUIREMENTS. In addition to any other documents specified in this Agreement, the Grantee must submit the following reports and information in accordance with the provisions hereof. (a) Status/Expense Reports. Grantee shall submit status/expense reports as indicated below. Quarterly Expense Reports: The Grantee shall submit Quarterly Expense Reports in the format provided by the Department. , Reports shall be submitted quarterly (on a calendar basis) through the Project Completion Date. Final Reports: The Grantee shall submit a Final Status Report and a Final Expense Report, in the format provided by the Department. The Final Reports are due no later than 30 days following the Project Completion Date. (b) Close-out Report. The Close-out report described in Section 5.4 hereof is due 45 days following the end date stated in the Notice of Grant Award. (c) Additional Information. Upon request by the Department, the Grantee shall, within 10 business days of its receipt of such a request, submit additional written reports regarding the Project, including, but not limited to, materials sufficient to document information provided by the Grantee. (d) Submittal of Reports. Submittal of reports and documentation required under Section 2.5 should be submitted to the individual identified in Exhibit 2 hereto. 2.6 FUNDING LIMITATIONS/RESTRICTIONS. The Grantee hereby expressly acknowledges and agrees to the following provisions: (a) The grant awarded pursuant to this Agreement is a one-time award. The State is not obligated to provide funding in subsequent State of Illinois fiscal years for the project funded by this grant. (b) Funding provided under this Agreement will not be used for sectarian purposes. (c) Without the express written consent of the Department, no grant funds nor property purchased with grant funds may be disbursed or conveyed respectively, to, on behalf of, or for the benefit of, any registered lobbyist or family member of such lobbyist, as the term is defined in the Lobbyist Registration Act (25 ILCS 170/1 etseq.). 2.7 OPPORTUNITIES FOR MINORITY, FEMALE AND DISABLED PERSONS. Grantee shall use good faith efforts to recruit, develop and extend employment and contracting opportunities to women, minorities, and disabled persons from funds received under this grant. Nothing herein shall be deemed to modify or negate any requirement of the Business Enterprise for Minorities, Females and Persons with Disabilities Act (30 ILCS 575/1) or any other provision of this Grant Agreement. 2.8 MULTIPLE GRANT AWARDS. If the Grantee was previously awarded a grant by the Department to fund the project described in Part III hereof, the Department may, pursuant to Section 5.7(c), unilaterally revise Parts I and III of the previously executed Grant Agreement to accurately reflect all project activities and the multiple funding sources therefor. If the Grantee receives additional grants to fund the project described in Part III hereof subsequent to the execution of this Agreement, Parts I and III for said grant(s) will be developed to reflect all project activities and the multiple funding sources therefor. 2.9 FUNDING ACKNOWLEDGMENT. If requested by the Department, the Grantee shall post signs at the project site or affix signs/decals to equipment purchased with grant funds, which acknowledge the State as providing funds for the project. Signs not provided by the Department must be approved by the Department prior to posting. 2.10 TERMINATION FOR CAUSE. Grantee's failure to comply with any of the terms set forth in this Grant Agreement, shall be a sufficient basis to suspend or terminate this Agreement and seek recovery of all grant funds disbursed to the Grantee. A failure to comply with the terms of this Grant Agreement shall also be a sufficient basis to suspend or terminate any other grant(s) issued to the Grantee by the Department and to reject future grant requests for.the Grantee. 2.11 FEDERAL STATE AND LOCAL LAWS. The Grantee is required to comply with all federal, state and local laws, including but not limited to the filing of any and all applicable tax returns. In the event that a Grantee is delinquent in filing and/or paying any federal, state and/or local taxes, the Department shall disburse grant funds only if the Grantee enters into an installment payment agreement with said tax authority and remains in good standing therewith. Grantee is required to tender a copy of any such installment payment agreement to the Department. In no event may Grantee utilize grant funds to discharge outstanding tax liabilities. The execution of this Grant Agreement by the Grantee is its certification that it is current as to the filing and payment of any federal, state and/or local taxes applicable to Grantee. EXHIBIT 1 The Project described in Part III and funded under this Grant Agreement, is subject to review by the external agency(ies) indicated in Section 2.2 hereof. Grantee must comply with requirements established by said agency(ies) relative to their respective reviews. Any requirements communicated to the Department shall be incorporated into this Agreement as follows: (1) as an attachment to this Exhibit 1 at the time of grant execution; or (il) If received from the applicable agency(ies) subsequent to execution, as an addendum to this Agreement. The Grantee is contractually obligated to comply with such requirements. Grantee is responsible for coordinating directly with the applicable external agency(ies) relative to said reviews. Except as specifically provided below, the Department's obligation to disburse funds under this Grant Agreement is contingent upon notification by the applicable agency(ies) that all requirements applicable to the Project have been satisfied. Upon receipt of said notification, disbursement of the grant funds shall be authorized in accordance with the provisions of Section 2.3 hereof. Prior to notification of compliance by the applicable-external agency(ies), the Grantee may request disbursement of funds only for the following purposes: administrative, contractual, legal, engineering, or architectural costs incurred which are necessary to allow for compliance by the Grantee of requirements established by the external agency(ies). FUNDS WILL NOT BE DISBURSED FOR LAND ACQUISITION OR ANY TYPE OF CONSTRUCTION OR OTHER ACTIVITY WHICH PHYSICALLY IMPACTS THE PROJECT SITE PRIOR TO RECEIPT BY THE DEPARTMENT OF THE REQUIRED NOTIFICATION FROM ALL APPLICABLE AGENCIES.. EXHIBIT 2 - REPORT SUBMITTAL. Please submit your documents to: ❑ Ruth Ann Alinger ❑ Susan Boggs ❑ Duane Brusnighan ❑ Amy Dannenberger ❑ Mary Feagans ❑ Dan Fultz ❑ Bridgette Heard AKirk Kumerow ❑ Carla Needham ❑ Melissa Pantier ❑ Jim Reed ❑ Stacey Rieger ❑ Kathy Rudolph ❑ Paula Vehovic ❑ Blake Wood At the following address: Illinois Department of Commerce and Community Affairs Illinois FIRST Grant Unit 620 East Adams Street, 5th Floor Springfield, IL 62701.1696 ti Retain this page and all reporting forms for submittal for the appropriate reporting period. PART III SCOPE OF WORK 00-127184 Village of Buffalo Grove Section 1. Public Benefit 1.1 The Grantee, a governmental entity in Lake County, will use grant funds to expand its wireless communication network to include the Buffalo Grove Park District, local school districts and local community organizations. When complete, this project will allow local area governments and organizations to improve service by improving the means of communication with each other. Specifically, this project will allow for teleconferencing, enhanced joint training opportunities, e-mail communications while away from a building, and a reduction in paperwork processing. Section 2. Grant Tasks 2.1 The Grantee shall utilize grant funds in accordance with Part I hereof. 2.2 The Grantee shall continue to provide the programs and services specified in Section 1 above for the term of the Grant Agreement. PART IV TERMS AND CONDITIONS GOVERNING GRANT (Governmental Entities) 4.1 APPLICABLE TIME LIMITATIONS. (i) Completion of Performance. All activities described in Part III hereof, which are chargeable to grant funds provided by this Agreement, must be completed by the grant period end date set forth in the Notice of Grant Award. (ii) Expenditure of Grant Funds. All grant funds provided under this Agreement must be expended or legally obligated by the grant end date set forth in the Notice of Grant Award. Grant funds not expended by the grant end date must be returned to the Department in accordance with directions provided by the Department. 4.2 INTEREST ON GRANT FUNDS. Any interest earned on grant funds provided under this Agreement must be accounted for and returned to the Department in accordance with the directions provided by the Department. Notwithstanding, the Grantee may be allowed to retain interest earned on grant funds awarded under this Agreement, provided that all of the following requirements are satisfied: (i) All interest earned must be accounted for and reported to the Department in the Grantee Close•Out Report in described in Section 5.4(B) herein. (ii) Interest may only be expended for activities which the Department determines are consistent with the Appropriation authorizing the funding for this grant; and (iii) The Grantee must submit any request to retain interest in writing to the Department's Office of the General Counsel. The Grantee must state the basis for the request, describe the activities on which interest will be expended and acknowledge its agreement to comply with the provisions of Section 4.2 hereof. The Department will notify the Grantee in writing of its approval or disapproval of the request to retain interest. 4.3 REFUNDS TO THE DEPARTMENT. Any refunds (unliquidated grant balance, interest earned on grant funds, or ineligible/improper grant expenditures) due the Department shall be remitted by the Grantee upon demand and pursuant to instructions issued by the Department. 4.4 BUDGET/SCOPE OF WORK MODIFICATIONS. (i) Grant Budget (Part 1). The Grantee must obtain prior written approval from the Department for any expenditures which materially vary from the expenditures set forth in Part I hereof. For purposes of this Agreement, "materially vary" means any variance within the line items set forth in Part I which exceeds 10% of the amount established for that line item or any line item added or substituted for a line item in Part I hereof. (ii) Scope of Work (Part 111). The Grantee must obtain prior written approval from the Department before changing any of the activities specified in Part III which are chargeable to this grant. Any revision to Part III which results in the performance of activities by the Grantee which are inconsistent with the purpose set forth in the Appropriation authorizing the grant awarded under this Agreement are not permissible. 4.5 FISCAL RECORDING/REPORTING REQUIREMENTS. The Grantee is accountable for all funds disbursed under this grant. The Grantee's financial management system shall be structured to provide for accurate, current, and complete disclosure of the expenditure of all funds provided under this Agreement. The Grantee shall maintain effective control and accountability over all funds disbursed and equipment, property, or other assets acquired with grant funds. The Grantee shall keep records sufficient to permit the tracing of funds to a level of expenditure adequate to insure that funds have been expended in accordance with the terms of this Agreement. 4.6 GRANT DELIVERABLES. The Grantee will submit the following Grant deliverables in accordance with the Grant Agreement provisions referenced herein: (i) Project Status and Expense Reports (Section 2.5) (ii) Financial Close-out Package (Section 5.413); and (iii) Audit (if applicable) (Section 2.1 and Section 5.4C). 4.7 PROCUREMENT OF CONSTRUCTION 'AND PROFESSIONAL SERVICES• ACQUISITION OF EQUIPMENT OR LAND. The Grantee shall procure all construction and professional services, and acquire land, equipment and materials financed in whole or in part with grant funds provided hereunder, through written, contractual agreement(s), which specify the rights and obligations of both parties relevant to the specified transaction. 4.8 DUE DILIGENCE IN EXPENDITURE OF FUNDS. Grantee shall ensure that grant funds are expended in accordance with the following principles: (i) Grant expenditures should be made in accordance with generally accepted sound business practices, arms length bargaining, applicable Federal and State laws and regulations, and the terms and conditions of this Agreement; (ii) Grant expenditures should not exceed the amount which would be incurred by a prudent person under the circumstances prevailing at the time the decision is made to incur the costs; and (iii) Grant expenditures should be consistent with generally accepted accounting principles. 4.9 LEGAL COMPLIANCE. In addition to complying with the statutes and regulations specifically referenced in this Agreement, the Grantee is responsible for determining the applicability of and complying with any other laws, regulations, ordinances, etc., which govern the Grantee's performance of the activities described in Part III hereof, including, but not limited to purchasing/procurement rules, the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) and the Interagency Wetlands Policy Act (20 ILCS 830/1 et. seq.). PART V GENERAL PROVISIONS 5.1 GRANTEE AUTHORITY: INDEPENDENCE OF GRANTEE PERSONNEL: GRANTOR AUTHORITY• GOVERNING LAW A. Grantee Authority. The Grantee warrants that it is the real party in interest to this Agreement, that it is not acting for or on behalf of an undisclosed party, and that it possesses legal authority to apply for this grant and to execute the proposed program or project described in Part III hereof. Grantee's execution of this Agreement shall serve as its attestation that Grantee has read, understands and agrees to all provisions of this Agreement and to be bound thereby. Grantee further acknowledges that the individual executing this agreement is authorized to do so on Grantee's behalf. B. Independence of Grantee Personnel. All technical, clerical, and other personnel necessary for the performance required by this Agreement shall be employed, or contracted with, by Grantee, and shall in all respects be subject to the rules and regulations of Grantee governing its employees. Neither Grantee nor its personnel shall be considered to be the agents or employees of the Department. C. Grantor Authority. The Department and its payroll employees, when acting pursuant to this Agreement, are acting as State officials in their official capacity and not personally or as the agents of others. D. Governing Law. This Grant is awarded in the State of Illinois for execution within the State of Illinois. This Agreement shall be governed by and construed according to Illinois law as that law would be interpreted by an Illinois Court. Where there is no Illinois law on a particular subject or issue, then the applicable law will be applied as it would be if interpreted and applied by an Illinois court. 5.2 SCOPE OF WORK. In consideration for the grant funds to be provided by the Department, the Grantee agrees to perform the project described in Part III hereof and to prepare and submit to the Department the reports and other deliverables described in this Agreement. 5.3 FISCAL RESPONSIBILITIES. A. Non Appropriation Clause. Payments pursuant to this Agreement are subject to the availability of applicable Federal and State "funding from the Department and their appropriation and authorized expenditure under state law. Obligations of the State will cease immediately without penalty or liability of further payment being required if in any fiscal year that this Agreement is in effect the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this grant. The Grantee hereby is given actual knowledge of the fact that pursuant to the State Finance Act, 30 ILCS 105/30, payments under this grant are contingent upon there existing a valid appropriation therefor and that no officer shall contract any indebtedness on behalf of the State, or assume to bind the State in an amount in excess of the money appropriated, unless expressly authorized by law. If this is a multiyear grant, it is void by operation of law if the Department fails to obtain the requisite appropriation to pay the grant in any year in which this Agreement is in effect. B. Total Amount of Grant Limited. The Grantee expressly understands and agrees that the total financial obligation of the Department under this Agreement shall not exceed the total grant amount set forth on the Notice of Grant Award and the Grantee agrees expressly to fully complete the Scope of Work specified in this Agreement and all other obligations under this Agreement within the stated total consideration. C. Delivery of Grantee Payments. Payment to the Grantee under this Agreement shall be made payable in the name of the Grantee and sent to the person and place specified in the Notice of Grant Award. The Grantee may change the person to whom payments are sent, or the place to which payments are sent by written notice to the Department signed by the Grantee. No such change or payment notice shall be binding upon the Department until ten (10) business days after actual receipt. 5.4 RECORDS RETENTION AND ACCESS TO RECORDS: PROJECT CLOSEOUT: ACCOUNTING: AND AUDIT REQUIREMENTS. A. Records Retention. The Grantee is accountable for all funds received under this Agreement and shall maintain, for a minimum of three (3) years following the later of the expiration or termination of this Agreement, adequate books, records, and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with this Agreement. This Agreement and all books, records and supporting documents related hereto shall be available for inspection and audit by the Department, the Auditor General of the State of Illinois, or any of their duly authorized representatives, and the Grantee agrees to cooperate fully with any audit conducted by the Auditor General or the Department. Grantee agrees to provide full access to all relevant materials and to provide copies of same upon request. Failure to maintain books, records and supporting documents required by this Section 5.4 shall establish a presumption in favor of the Department for the recovery of any funds paid by the Department under this Agreement for which adequate books, records and supporting documentation are not available to support their purported disbursement. If any of the services to be performed under this Agreement are subcontracted, the Grantee shall include in all subcontracts covering such services, a provision that the Department and the Auditor General of the State of Illinois, or any of their duly authorized representatives, will have full access to and the right to examine any pertinent books, documents, papers and records of any such subcontractor involving transactions related to this Agreement for a period of three (3) years from the later of the expiration or termination of this Agreement. B. Grant Closeout. In addition to any other reporting requirements specified in this Agreement, the Grantee shall complete and submit a final Grant Closeout Report on forms provided by the Department, within time limits established by the Department, after the expiration or termination of this Agreement. The Grantee must report on the expenditure of grant funds provided by the State, and if applicable, the Grantee's required matching funds. The Grantee is responsible for taking the necessary steps to correct any deficiencies disclosed by such Grant Closeout Report, including such action as the Department, based on its review of the Grant Closeout Report, may direct. In accordance with the Illinois Grant Funds Recovery Act, 30 ILCS 705/1 et seq., the Grantee must, within 45 days of the expiration or termination of this Agreement, refund to the Department, any balance of funds which is unobligated at the end of the Grant term specified in the Notice of Grant Award. For purposes of preparation of grant closeout forms, the determination of allowable expenditures and excess grant funds shall be based on the premise that the total Grantee compensation under this Agreement shall not exceed the amount specified in the Notice of Grant Award. C. Audit Requirements. If required by Part II of this Grant Agreement, the Grantee shall be required to have an audit conducted in accordance with the following terms: a. State Audit Requirements: (i) The audit shall be conducted by a certified public accountant who is licensed by the State of Illinois to conduct an audit in accordance with Generally Accepted Auditing Standards. (ii) Grant funds shall be included in the Grantee's annual audit, unless the Department authorizes the Grantee to have a grant-specific audit conducted. (iii) Upon completion of an audit, an audit report shall be issued and the Grantee shall provide the Department with a copy of such audit report. (iv) The Grantee shall provide the Department with a copy of an audit report within 30 days of the Grantee's receipt of such audit report, but in no event later than nine months following the end of the period for which the audit was performed. The Grantee shall send the audit report to the Department at the following address: Illinois Department of Commerce and Community Affairs Division of Audits 620 East Adams Springfield, IL 62701 D. Worker's Compensation Insurance, Social Security. Retirement and Health Insurance Benefits. and Taxes. The Grantee shall provide Worker's Compensation insurance where the same is required and shall accept full responsibility for the payment of unemployment insurance, premiums for Workers' Compensation, Social Security and retirement and health insurance benefits, as well as all income tax deduction and any other taxes or payroll deductions required by law for its employees who are performing services specified by this Agreement. 5.5 TERMINATION: SUSPENSION. A. This Agreement may be terminated as follows: 1. Due to Loss of Funding. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this Agreement. In the event the Department suffers such a loss of funding in full or in part, the Department shall give the Grantee written notice which shall set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in the approved budget. 2. For Cause. If the Department determines that the Grantee has failed to comply with any of the terms, conditions or provisions of this Agreement, or any other Agreement executed by the Department and the Grantee, including any applicable rules or regulations, the Department may terminate this Agreement in whole or in part at any time before the expiration date of this Agreement. The Department shall notify the Grantee in writing of the reasons for the termination and the effective date of the termination. Grantee shall not incur any costs after the effective date of the termination. Payments made to the Grantee or recovery by the Department shall be in accord with the legal rights and liabilities of the parties. In the event of termination for cause, Grantee shall also be subject to any other applicable provisions specified elsewhere in this Agreement. Termination for cause may render the Grantee ineligible for consideration for future grants from the Department. 3. For Convenience. The Department or the Grantee may terminate this Agreement in whole or in part when the Department and the Grantee agree that continuation of the program objectives would not produce beneficial results commensurate with the further expenditure of funds. The Department and the Grantee shall agree upon termination conditions including the effective date and, in the case of partial termination, the portion to be terminated. The . Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as, many outstanding obligations as possible. The Department shall allow full credit to the Grantee for the Department's share of the non-cancelled obligations, if properly incurred by the Grantee prior to termination. B. Suspension. If the Grantee fails to comply with the specific conditions and/or general terms and conditions of this Agreement, the Department may, after written notice to the Grantee, suspend this Agreement, withhold further payments and prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate this Agreement. Department may determine to allow such necessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided that the Department agrees that such costs were necessary and reasonable and incurred in accordance with the provisions of this Agreement. Section 5.6 INDEMNIFICATION. A. Non-governmental entities. The Grantee agrees to indemnify and hold the Department and/or the State of Illinois, and its officers, agents, or employees harmless from and against any and all claims, and actions, including but not limited to, attorneys' fees, costs and interest, based upon and arising out of any services performed under this Agreement by the Grantee and its officers, employees, agents, independent contractors, subcontractors, subrecipients,- volunteers, or other associates. The Grantee shall further indemnify and hold the Department and/or the State of Illinois and/or its officers, agents and employees harmless from and against any and all liabilities, demands, claims, damages, suits costs, fees and expenses incident thereto, for injuries or death to persons and for loss or damage to or destruction of property because of negligence, intentional acts or omissions on the part of Grantee, its officers, employees, agents, independent contractors, subcontractors, subrecipients, volunteers or other associates, arising out of any services performed under this Agreement. The Grantee further agrees to indemnify, save and hold harmless the Department, its officers, agents and employees against any liability, including costs and expenses associated with the violation of general, proprietary rights, copyrights or rights of privacy of third parties arising out of the publication, translation, reproduction, delivery, performance, use or disposition of any data developed or furnished under this Agreement or any libelous or any unlawful matter contained therein. B. Governmental Entities. In the event that the Grantee is a Governmental Entity, it will indemnify and hold harmless the Department as set out herein to the extent authorized by Federal and/or State constitutions(s) and/or laws. C. Notice. In the event that any demand or claim relating to the transactions or activities pursuant to this Agreement is made known to either party, the Department and/or the Grantee will notify the other party to this Agreement in writing in an expedient manner. 5.7 MODIFICATION BY OPERATION OF LAW: DISCRETIONARY MODIFICATIONS; BUDGET MODIFICATIONS. A. Modifications by Operation of Law. This Agreement is subject to such modifications as the Department determines may be required by changes in Federal or State law or regulations applicable to this Agreement. Any such required modification shall be incorporated into and be part of this Agreement as if fully set forth herein. The Department shall timely notify the Grantee of any pending implementation of or proposed amendment to such regulations of which it has notice. B. Budget Modifications. Budget modifications shall be made in accordance with any applicable provisions as specified elsewhere in this Agreement. C. Discretionary Modifications. If either the Department or the Grantee wishes to modify the terms of this Agreement other than as set forth in Sections A and B above, written notice of the proposed modification must be given to the other party. No modification will take effect until it is agreed to in writing by both the Department and the Grantee, except that if the Department notifies the Grantee in writing of a proposed modification without the prior written approval of the Grantee, failure of the Grantee to object in writing, specifying the reasons for the objections, within thirty (30) calendar days from the date of the Department's notice to the Grantee of such proposed modification, the modification will be deemed to be approved by the Grantee. The Department's notice to the Grantee shall contain the Grantee name, Grant number, modification number, purpose of the revision and signature of the Department's director. 5.8 CONFLICT OF INTEREST: INTEREST OF PUBLIC OFFICIALS/EMPLOYEES: BONUS/COMMISSION PROHIBITED• HIRING OF STATE EMPLOYEES PROHIBITED. A. Conflict of Interest. The Grantee shall establish safeguards to prohibit officers, directors, agents, employees and family members from using positions of employment for a purpose that is, or gives the appearance of, being motivated by a desire for a private gain for themselves or others, particularly those with whom they have family business or other ties. Safeguards, evidenced by rules or bylaws, shall be established to prohibit persons from engaging in actions which create or which appear to create a conflict of interest as described herein or in Section 2.6 of this Agreement. B. Interest of Public Officials/Employees. (i) Governmental Entity. If. the Grantee is a governmental entity, the Grantee certifies that no officer or employee of the Grantee and no member of its governing body and no other public official of the locality in which the program objectives will be carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of such objectives shall participate in any decision relating to any contract negotiated under a program grant which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested, or has any financial interest, direct or indirect, in such contract or in the work to be performed under such contract. (ii) Nongovernmental Entity. If the Grantee is a nongovernmental entity, it shall comply with the provisions of Section 2.6 hereof relative to conflict of interest. Violations of this Section 5.8 (and 2.6 for non-governmental entities) may result in suspension or termination of this Agreement, and recovery of grant funds provided hereunder. Violators may also be criminally liable under other applicable State laws and subject to actions up to and including felony prosecution. C. Bonus or Commission Prohibited. The Grantee shall not pay any bonus or commission for the purpose of obtaining the grant awarded under this Agreement. D. Hiring State Employees Prohibited. No State officer or employee may be hired to perform services under this Agreement, or'be paid with funds derived directly or indirectly through this grant without the written approval of the Department. 5.9 APPLICABLE STATUTES. A. Grantee Responsibility. All applicable Federal, State and local laws, rules and regulations governing the performance required by Grantee shall apply to this Agreement and will be deemed to be included in this Agreement the same as though written herein in full. Grantee is responsible for ensuring compliance with all applicable laws, rules and regulations, including, but not limited to those specifically referenced herein. Except where expressly required by applicable laws and regulations, the Department shall not be responsible for monitoring Grantee's compliance. B. Land Trust/Beneficial Disclosure Act ( 765 ILCS 405/2.1). No grant award funds shall be paid to any trustee of a land trust, or any beneficiary or beneficiaries of a land trust, for any purpose relating to the land which is the subject of such trust, any interest in such land, improvements to such land or use of such land unless an affidavit is first filed with the Department identifying each beneficiary of the land trust by name and address and defining such interest therein. C. Historic Preservation Act (20 ILCS 3420/1 et sea.). The Grantee will not expend funds under this Agreement which result in the destruction, alteration, renovation, transfer or sale, or utilization of a historic property, structure or structures, or in the introduction of visual, audible or atmospheric elements to a historic property, structure or structures, which will result in the change in the character or use of any historic property. D. State of Illinois Discrimination Laws (775 ILCS 5/1-101, et. sea.). In carrying out the performance required under this Agreement, the Grantee shall comply with all applicable provisions of the Illinois Human Rights Act, and rules and regulations promulgated by the Illinois Department of Human Rights, prohibiting unlawful discrimination in employment. Grantee's failure to comply with all applicable provisions of the Illinois Human Rights Act, or applicable rules and regulations promulgated thereunder, may result in a determination that Grantee is ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and this Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. E. Drugfree Workplace Act (30 ILCS 580/1, et. sea.). Grantee will make the certification required in this Agreement and will comply with all of the provisions of the Drugfree Workplace Act that are applicable to the Grantee. False certification or violation of the requirements of the Drugfree Workplace Act may result in sanctions including, but not limited to, suspension of grant payments, termination of this Agreement and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. F. Freedom of Information Act (5 ILCS 140/1_et. sea.). Applications, programmatic reports and other information obtained by the Department under this Agreement shall be administered pursuant to the Freedom of Information Act. The Department shall give Grantee timely notice in the event it receives a request for information submitted by Grantee relative to this Agreement. 5.10 MISCELLANEOUS PROVISIONS. A. Waivers. A waiver of any condition of this Agreement must be requested in writing. No waiver of any condition of this Agreement may be effective unless in writing from the Director of the Department. B. Assignment. The benefits of this Agreement and the rights, duties and responsibilities of the Grantee under this Agreement may not be assigned (in whole or in part) except with the express written approval of the Department acting through its Director. Any assignment by the Grantee in violation of this provision renders this Agreement voidable by the Department. C. Severability Clause. If any provision under this Agreement or its application to any person or circumstances is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or its application of this Agreement which can be given effect without the invalid provision or application. D. Integration Clause. This Agreement, with attachments, as written, is the full and complete agreement between the parties and there are no oral agreements or understandings between the parties other than what has been reduced to writing herein. E. Comptroller Filing Notice. The Grantee expressly understands that whenever applicable, a copy of this Agreement and any modification, cancellation or renewal is required to be filed by the Department with the State Comptroller. F. Subcontract and Grants. The Grantee's services, duties and responsibilities specified herein shall not be subcontracted or subgranted by the Grantee without prior written approval of the Department, unless such subcontracts or subgrants are provided for elsewhere in this Agreement. Any subcontracts or subgrants shall be subject to, and conform with, all applicable State and Federal laws, and shall specifically provide that subcontractors or subgrantees are subject to all of the terms and conditions of this Agreement. PART VI STATE OF ILLINOIS REQUIRED CERTIFICATIONS The Grantee makes the following certifications as a condition of this Agreement. These certifications are required by State statute and are in addition to any certifications required by any Federal funding source as set forth in this Agreement. Grantee's execution of this Agreement shall serve as its attestation that the certifications made herein are true and correct. 6.1 COMPLIANCE WITH APPLICABLE LAW. The Grantee certifies that it shall comply with all applicable provisions of Federal, State and local law in the performance of its obligations pursuant to this Agreement. 6.2 CONFLICT OF INTEREST. The Grantee certifies that it has no public or private interest, direct or indirect, and shall not acquire directly or indirectly any such interest which does or may conflict in any manner with the performance of Grantee's services and obligations under this Agreement. 6.3 BID-RIGGING/BID-ROTATING. The Grantee certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5/33 E-3 and 5/33 E-4). 6.4 DEFAULT ON EDUCATIONAL LOAN. The Grantee certifies that this Agreement is not in violation of the Educational Loan Default Act (5 ILCS 385/3) prohibiting certain contracts to individuals who are in default on an educational loan. 6.5 AMERICANS WITH DISABILITIES ACT. The Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et. seq.) and the regulations thereunder (28 CFR 35.130) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this grant, the Grantee certifies that services, programs and activities provided under this Agreement are, and will continue to be, in compliance with the ADA. 6.6 DRUGFREE WORKPLACE ACT. The Grantee certifies that: A) It is a Corporation, Partnership, or other entity (other than an individual) with 24 or fewer employees at the time of execution of this Agreement. B) That the purpose of this grant is to fund solid waste reduction. C) X It is a Corporation, Partnership, or other entity (other than an individual) with 25 or more employees at the time of execution of this Agreement, or D) That it is an individual. If Option "A" or "B" is checked this Agreement is not subject to the requirements of the Act. If Option "C" or T" is checked and the amount of this grant is five thousand dollars ($5,000.00) or more, the Grantee is notified that the Drugfree Workplace Act (30 ILCS 580/1 et seq.) is applicable to this Agreement, and the Grantee must comply with the terms of said Act, as set forth below: Grantee will provide a drugfree workplace by: (a) Publishing a statement: (i) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Grantee's workplace. (ii) Specifying the actions that will be taken against employees for violations of such prohibition. (iii)Notifying the employee that, as a condition of employment on such grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (i) the dangers of drug abuse in the workplace; (ii) the Grantee's policy of maintaining a drug free workplace; (iii)any available drug counseling, rehabilitation and employee assistance programs; and (iv)the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the grant and to post the statement in a prominent place in the workplace. (d) Notifying the granting agency within ten (10) days after receiving notice, under part (B) of paragraph (iii) of subsection (a) above; from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in, a drug abuse assistance or rehabilitation program by any employee who is so convicted, as required by Section 5 of the Drugfree Workplace Act, 30 ILCS 580/5. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation are required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drugfree workplace through implementation of the Drugfree Workplace Act, 30 ILCS 580/5. If Grantee is an individual, it certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this Agreement. 6.7 ANTI-BRIBERY. The Grantee certifies that neither it nor its employees have been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois, nor has Grantee or any of its employees made an admission of guilt of such conduct which is a matter of record as defined in the Illinois Procurement Code (30 ILCS 500/50.5). 6.8 DISCRIMINATION/ILLINOIS HUMAN RIGHTS ACT. The Grantee certifies (i) that it will not commit unlawful discrimination in employment in Illinois as that term is defined in Article 2 of said Act; (ii) that it will comply with the provisions of Article 5 of the Act regarding equal employment opportunities and affirmative action; and, (iii) that it will comply with policies and procedures established by the Department of Human Rights under Article 7 of the Act regarding equal employment opportunities and affirmative action. The Grantee further certifies that, if applicable, it will comply with "An Act to prohibit discrimination and intimidation on account of race, creed, color, sex, religion, physical or mental handicap unrelated to ability or national origin in employment under contracts for public buildings or public works." (775 ILCS 10/0.01 et. seq.) 6.9 SEXUAL HARASSMENT. The Grantee certifies that it has written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Grantee's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act (775 ILCS 5/2-105 (13)(5). A copy of the policies shall be provided to the Department upon request. 6.10 INTERNATIONAL ANTI-BOYCOTT CERTIFICATION. The Grantee hereby certifies that neither the Grantee nor any substantially owned affiliate company of the Grantee is participating or will participate in an international boycott, as defined by the provisions of the U.S. Export Administration Act of 1979, or as defined by the regulations of the U.S. Department of Commerce, promulgated pursuant to that Act (30 ILCS 582/1 et seq.). Board Agenda Item Submittal xII-A Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Ordinance 2000-_Approving an amendment to the annexation agreement for the Cotey property concerning construction of a wireless communications tower by Voice Stream Wireless, northeast corner of Milwaukee Avenue/Estonian Lane Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The ordinance concerning the amendment to the annexation agreement to allow construction of the 100-foot communications tower by VoiceStream Wireless is attached. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files AMENDORD.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: 11/15/2000 ORDINANCE NO. 2000 - AN ORDINANCE APPROVING AN AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE COTEY PROPERTY VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS VoiceStream Wireless Wireless monopole communications tower Northeast corner of Milwaukee Avenue/Estonian Lane WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS,the Corporate Authorities of the Village of Buffalo Grove passed Ordinance 87- 18 approving an Annexation Agreement dated February 23, 1987 and passed Ordinance 87-19 annexing the Property legally described in EXHIBIT A attached hereto; and, WHEREAS,proper and due notice of the public hearing concerning said amendment to the Annexation Agreement and requested special use and variations of the Zoning Ordinance has been given and a public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said amendment of the Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The preceding Whereas clauses are hereby made a part of this Ordinance. 2 Section 2. The amended Annexation Agreement dated November 20, 2000, a copy of which is attached hereto and made a part hereof, is approved. Section 3. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: APPROVED: ELLIOTT HARTSTEIN, Village President ATTEST: Village Clerk This document was prepared by: Robert E.Pfeil,Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Board Agenda Item Submittal xII-B Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Ordinance 2000- Approving the 17th Amendment to the Buffalo Grove Town Center Planned Unit Development concerning Culver's Restaurant and the Belmont Village assisted living facility Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: ❑ Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda Planning ❑ None Does this item Does this item include Specify Other: Will AV equipment be Type ofAV Needed: relate to another additional reference ❑ Hardcopy Distribution required to present item on the info separate from the this item to the agenda? Board packet? ❑ Trustee Lounge El Clerk's El Video Clerk's Office ❑ Computer El Other ❑ Doc Camera ❑ Yes 0 No 0 Yes ❑ No 0 Yes ❑ No ❑ Easel Exhibits can be accessed in: ❑ Other Belmont floor plans showing phasing are in the Trustee lounge. Item Description Will this action involve an expenditure in ❑ Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Michael Werchek is the developer of the Culver's restaurant. The site is the 1.61-acre parcel along Route 83 adjoining the Belmont Village assisted living parcel. The restaurant parcel is zoned in the Commercial Sub-district of the B-5 Town Center Planned District. The plan proposes a restaurant of 4,538 square feet with a drive-through facility. The plan provides 71 parking spaces, including three handicapped accessible stalls. A minimum of 46 spaces are required based on the Zoning Ordinance standard of one space per 100 square feet of floor area for a restaurant. The B-5 District requires a landscaped area of 20 feet in width along arterial roads. A variation is requested to allow a portion of the access lane around the restaurant to encroach approximately 5.5 feet into the required landscaped yard. The Plan Commission held a public hearing on September 6, 2000 concerning the P.U.D. amendment, Preliminary Plan and Special Use for a drive-through facility. The Commission voted 7 to 0 to recommend approval. The P.U.D. amendment also includes a phasing plan for the 158-unit Belmont Village facility. Belmont is proposing to construct 122 units in Phase 1 and 36 units in Phase 2. The exhibits, a location map and Plan Commission minutes are attached. The draft ordinance will be distributed separately. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files LI Location Ma .PDF PCMINSEPT6.pdf E�A] BelmontPhasing.PDF El CulversEXH.pdf E�A] TrafficReport.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: LOCATION MAP PROPOSED CULVER'S BUFFALO GROVE TOWN CENTER SITE 1111 1113 1148 1136 1126 112C 1114 1115 1236 ]243 CS ^N 30]- ]200- 4 1 4 ll10 llll 1146 CTW]1381124 1125 1112 W 1113 123z 123�41 24 n N m ^ 3n Qg 1216 1108 110Q 11aa 1140 1122 1123 1110 Q ]226 ]233 4T �4' p 148 ]26 321- 380- 1 LC 5 142 ]120 1121 � 1108 1109 1222 1223^ 53 SC N6s 6J �2� 150-26 J 333 396 11 p3^p0 0,0 0 0]116 lll9 300 6r004 '-cc- -cc ]voz 1166 62"j,j1p`2',Q Ao� ' 1L]tJ NQA1a B t,t'l 6���Ip1 0T ]61e6 6 2912026 6 �Om 16C 1101r5 s 2m7..,am^NO3^9_ �O S 11nnnn� 1 m]]P]00 DEERFIELD PKAI ] Ca 1054- o m E°` C 1064 �'c 148 n o0 119- 36 40 44 48 93 133 135 4 ]09T 32 CC �� ]38 � TI 50 030- OPO- 1a2 " 1051 39 D 1040 1026 152-5 58 1010 -1ou 2 za 414s T3 1068- 168 1Cz- 16 161- 115T 0j0 1 z1009 z0 533 as 89 61 401 O 1082 ]086- 186 '�� ]T1 1008 0111008 100C,022 16 0 66 8T 83 c�i 69 / 1096 op�, �a mN o>P 1005 1006 ]2 0J 1T w 99 84 85 65 / olzd'o1o2- 1006 1005 �J 928 932- N�1?222- o 9 119 1004 10031004 1003 a 8Q,�O�b �Oj G� 995 B0 61 Community Park 946 ti9sa- 238 6V 56 1002 oral laoz oga q 6o ss s' HIDDEN 95 55 101- 919 '6 d 'o4a A'1 0 op 9 981 fTl 921- �A s 22]- ]2]- 11C 918 91T 918 917 1 D00 931 9999�q ke 9T0 235 20is�2 35 914 913914 915 0 e 6 3CH�9,n°'q\� 9p6 �'b q'i 50 49 —� 9981 q _ PoN� 91006 h 9 88 912 911 912 913 mo Z�m P /54 910 909 910 w rAi� 9C0 O 90 958 S 41 w w / 51 9pq °y as 595 ]22 01�e3�ee 909 907 908 w A o sJ 906 9p5 cab N N o 37 953- 9`'9bg 906 905 906 w " 9 _ p 903" 32 33 963 ,N 131- 102-904 903 914 i N N N o 901 4 8]6 20 29 3-�Fj9 MARVINS WAY 413 / 1m 52 134 1or531o2- 1aT 1oa 902 901 902 aelsK o 41s 11T 1028 11T 118 1 5 9 5 ]313 21 2 n TT9 e50 J W m m w o a _ CHERBO RG PARK N N N N N N O W 815 - U EOx HILL HIGHL Z a3T TriED eoT; Q C PARK Q aa3 e4e n4 z TTs T62 T69 332a 81B R 850 W m aae T68�T69 Ts8 m T63 School eos 340� 330 B16 `�322 849 asz T6z 563 Tsz TST 21 4 3 z _ 9O >9$y 100 69 68 843 803 338 332 814 815 320 PARKCHESTER 853 858 T58 T59 T46 T53 2 0 N�LLO T80 > N 92 61 0 60 c� 80]p R BJo gl3 318 321 PARK 859 864 C52 C53 T42 T4T FVi 1 O 53 0 48 0O n9 N a6 IJ 316 319 Bo30 851 865 _ CCO 85 D 84 ^8 F(y., 2 o B9 868 C46 C4C C36 C4] � 22 2 1 _ 760 CC1 T51 � 16 v fl5"I 9 20 N `o�P o N 31T 8T4 C42 T4 T30 T3T _ C50 69 68 33 l IB PAP o�S J6 8 H9 'Sh 8C5 880 C36-'C3C C26 33] yT4 ' T40 741 61 56 29 le,4�� .T51 16 h N 304 3 34T 313 ' O C25 721 5� "> A�T40 14 4 h 3 30N iS o i ER R6. T21 T20 o-b pPo2^ v 731 C] 710 C11 n c'S T30 721 12 301^v u'i 410 425 v a T15 1 - J T00 701 31> 810 12 T20 T11 10 B 6 330? _ 6 1 1 690 691 T12 14 2':' Og CT. 701 3c'0 >3j 2B8 00 a N M M a 6a 5 6eo 681 10 c 16 5gh 6 a 690 6e0�aiNeH a, �c ep ea NEWTOWN DR. C/(E 6C0-671 IB o '62P 6 0 42 ^3j / 600 6 6 6 a 6 0 1 - -66oz 661 e 6 h P 30 6 oc„68 6T1� c'6" N3 15 5 _ ,' `p 6 5 650 651 4 i h 660 01"^-6 Q� 651 e N o B b'C 13 C1 T n AVE. MART 80 9F1�� bpp.Z 605 5Oa50 3 - 3 9 0 �U22ni"' `p.\o-85 1113151C C�9 12 bOpf 605 / / / a / nP 5`1'4 Nj b pp 603 CTN _ _ 1] ^ 2 a h 95 96 9 CTE NOS 10 b 59 / 21"�y 224j Kti 52S 601 5 �T$a 5 CTS S9 ; VU b^b5 N 9B T 3 IBo 3 � 14 590 z 5 22 4 523 " 526 529 600 5 0 596 597 3 1 S> 2 rS '1V in DO ^ 2p�ti 523 ��52° 52T 5 5 ' i?o co 593 9 2N o-No-e o cro ° 102 r� 2 I» a 18 ST� S»�- hp D �522 52 `v 9 589 16 0 0 560 c�Cb P 515 s h c9 jUV(pN 585 550 555 14 \ 2 m 104 B O 2 20 3s>I 514 515 520 S`'J G 51T � � D 162 543 C1W 4 0, FOX NIL S S 6S / 30 ^ o a s4o BIB. 1z / 512 5139 `sib SAS Oam ��15 158 530>531 10B6 510 511 A `3�,2�N 511 Z4�i 01- 153 154 3U�52 ^ •� '� W ¢ / / / 508 So9 �505 `3 U 149 150 510 � N `50 o c o o N Ne 506 s0C 510 So 145 146 503 504 505 506 508 Sas Assisted Living Center 141 142 500490�z 491 499 503 466 59 / 502 503 SOa 1 503 4.50 AC. Jj 138 a80�483 aCs 505 a9a 0 0 o w Sot 50 JS I 91 134 4 0 z 505 496 a6a asp GARDENIA N m 500 LN. 301 /� �63U 6C 460 PAULINE SAVE.1 PAUUNE 12 � O �p6 3 1 42 j03 a4 ]5 153 � � _ _ - 444 445 m � �413 0 CHATEAU N o o mD R. 3 / 400 0 > m a1s " m o s> 446 KK7' 412 m all'° N N 3n 316� W N s1a / 357- z 9 e o ao9 60 61 9 ao9 u a32-362- 369 448 449 m s 322 315 314 313 J V 308 QJ 440 3T0 11 vNmn��, °v o00 405 Yaa / / / 452 RIDGEmu N a0C 30T 306 T 3T1- 19 BUCKIN GHAM W e LNa a03 ppo 'O EPo, w 3]3 312 311 305 304 -n 383 / a /v s a^/, / / 64 N N � 311 310 309 ry�, o r pM 422-382- 350 ]C19NN � 309 � 430 390 89 ��� h 4 ���P 8 CT. w 305 3[)6 30T c� c� O 5-5 6-68 T h� �304 w_303 302 303 2L� a rl 01 63 T y 446 a v 426 312 313 301 300 301 1�5>J Willa e Green E I / 301 0 q2q o 309 631 v 'SO �� 305 b29 4�410 i zz1 z2o 219 z�o 1z 1 164 BUCKTHORN cT. aq o CCaRt7 6 z1a 21T NK �10 'OOD5TONc / N n52a Se a rF,Pq'° o^ oR. JOE e z 213 5 255 BANK LN 0 250� o-UL4U�KEC > 2ll 2 Ell265 240 241 VO o KER RUv 4sa � vp t Office � - _ 1 1 1 z 1 1 � zzo� 1ao Ise 50 2zs �� 2 `�� e zu PUcheH School 151 - 201 m2 6 2T 280o RED BUDJ PL IIS Ilg6 �9 ^-M M1 ^N z cR CTN3s zTo � 11e vz "S Ono �z"C 19s 19T 133->1a3 2 e N n�, l M�� N 455 109 110 10960a CT�616 120 121 N"J�� 37 N RY n EN,p a56 120 loG l08 1pT 606 618 n 119 150 1�605 106 ]OS 604 620 96 O'000� 115 06 108 tp0 150-3 ~ N ' � �N n i]03 104�103 20 602 622 94 1010000 113 � � w� � 101102J 101 93 e9- n1 0 90 050 � N T9 NARMSTR n 'a� v � _ 110 ppp 102- ]03105 116- 91- 461- 41-421- 4 86 61 O' C9 111 n 1 �G 25 104 84 120 101 3-3 4C5 455 435 ° 395 84 CC 102- 101 110- z Oar ago- 280- T 9 loay F v2 TS- &u21 a9s ed� a34 294 00 n T3 s 80 O" l0 65 51 8 3 , O 600- Ce �^ TO Ku. 85 J23T 5015 Ra454 61a 46 5p �o y C QK 0 Ss3s 5650- POI a IC2 t4 15 125 59- 43- Dept ���T' ee P� �/�� 1s 69 53 5sss 56r 5er G �PA\ 55 575 595 6615 621- 635 10 4 3s es REGULAR MEETING BUFFALO GROVE PLAN COMMISSION September 6, 2000 Starbucks Coffee Shop with drive-through facility, Amendment of Planned Unit Development and Preliminary Plan in the B-3 District, the Shops at Aptakisic Creek, Buffalo Grove Road/Aptakisic Road Culver's restaurant with drive-through facility, Buffalo Grove Town Center,Amendment of a Planned Unit Development(P.U.D.) and Preliminary Plan and approval of building elevations and materials, conceptual landscaping plan and a Special Use for a drive- through facility in the Commercial Sub-district of the B-5 Town Center Planned District Chairman Ottenheimer called the meeting to order at 8:05 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Trilling Ms. Dunn Mr. Feldgreber Mr. Panitch Mr. Smith Commissioners absent: None Also present: Mr. Scott Gendell, Terraco, Inc. Mr. Jack Barbaccia, Stewart-Nosky Architects Mr. Michael Werthmann, KLOA, Inc. Mr. Michael Werchek, Werchek Builders Mr. Harold Francke, Piper Marbury Rudnick and Wolfe Ms. DeAnn Glover, Village Trustee Mr. Jeffrey Braiman, Village Trustee Mr. Richard Kuenkler, Village Engineer Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner CULVER' S RESTAURANT WITH DRIVE-THROUGH FACILITY, BUFFALO GROVE TOWN CENTER, 1.6-ACRE SITE NORHTEAST OF TOWN PLACE, ADJACENT TO ILLINOIS ROUTE 83, AMENDMENT OF A PLANNED UNIT DEVELOPMENT (P.U.D.) AND PRELIMINARY PLAN AND APPROVAL OF BUILDING ELEVATIONS AND MATERIALS, CONCEPTUAL LANDSCAPING PLAN AND A SPECIAL USE FOR A DRIVE-THROUGH FACILITY IN THE COMMERCIAL SUB-DISTRICT OF THE B-5 TOWN CENTER PLANNED DISTRICT Buffalo Grove Plan Commission-Regular Meeting-September 6, 2000-Page I Moved by Commissioner Samuels, seconded by Commissioner Trilling, to recommend approval to the Village Board of the petition by Michael Werchek of Werchek Builders for amendment of a Planned Unit Development, approval of a Preliminary Plan and approval of a special use for a drive-through service window to construct a Culver's restaurant with a floor area of approximately 4,500 square feet on a 1.6-acre parcel in the Commercial/Recreational sub-district pursuant to the testimony and exhibits presented by the petitioner at the public hearing, with the following variation: ZONING ORDINANCE — Section 17.44.060.D.1.j. (to allow a paved area to encroach into the required 20-foot landscaped buffer area along Illinois Route 83), subject to compliance with the recommendations of the Village's traffic consultant concerning striping of the traffic lanes at the access to IL Route 83 and construction of the curbing to guide traffic at the south end of the site adjacent to the access to the drive-through facility. Commissioner Samuels noted that although he did not include language in the motion, the Village's expectation is that the business will be a "good neighbor" to the adjacent residential areas and the business will be conducted in compliance with applicable regulations concerning operational issues such as sound and odor. Commissioner Trilling inquired if the motion should specifically cite the proposed building materials and landscape plan. Commissioner Samuels noted that the exhibits presented at the public hearing are part of the record, and the motion refers to the exhibits. Mr. Pfeil commented that the P.U.D. ordinance would include provisions to address impact issues such as sound and odor. Commissioner Samuels commented that the BelmontCorp as the original petitioner did a lot of work to find a high-quality restaurant for this site to comply with the directive of the Village Board. Culver's is the only restaurant operator that has come forward with a specific plan. The petitions to amend the P.U.D. for the Belmont Village Assisted Living facility and the Culver's restaurant is essentially a downzoning from the previous plan that approved a hotel and banquet facility. He said that any cut-through traffic that may be occurring in the adjacent residential areas will not be made any worse by this development. He noted that the proposed building materials are appropriate for the site. The building materials and colors are actually muted in comparison to the standard materials often used on Culver's restaurants. Commissioner Feldgreber inquired if the access lane allowing traffic movement straight across Route 83 to Cherbourg Drive should be eliminated. Mr. Werthmann noted that the Illinois Department of Transportation (IDOT)will review the proposed lane configuration as part of the permitting process. Commissioner Samuels suggested that any restrictions on the access to Route 83 be evaluated by the Village after there is some experience with traffic flows using the new access. At this point there is no evidence to suggest that cut-through traffic will be a problem for the residential area Buffalo Grove Plan Commission-Regular Meeting-September 6, 2000-Page 2 served by Cherbourg Drive. He commented that the traffic lanes should be clearly marked with appropriate arrows to make sure that traffic moves safely in and out of the new access to Route 83. Commissioner Panitch commented that the developer has done a lot to soften the colors of the building materials for the proposed restaurant and the site plan has been improved during the Plan Commission review process. Commissioner Trilling commented that he initially did not see the necessity for a restaurant at this site, but the Village Board directed BelmontCorp to find a commercial use for the property. Based on the Board's interest in having a commercial use, the proposed plan is probably the best layout for a restaurant. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Samuels, Trilling, Dunn, Feldgreber, Panitch, Smith, Ottenheimer NAYES: None ABSENT: None ABSTAIN: None The motion passed 7 to 0. Buffalo Grove Plan Commission-Regular Meeting-September 6, 2000-Page 3 PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION September 6, 2000 Culver's restaurant with drive-through facility, Buffalo Grove Town Center,Amendment of a Planned Unit Development(P.U.D.) and Preliminary Plan and approval of building elevations and materials, conceptual landscaping plan and a Special Use for a drive- through facility in the Commercial Sub-district of the B-5 Town Center Planned District Chairman Ottenheimer called the hearing to order at 8:15 PM in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Ottenheimer Mr. Samuels Mr. Trilling Ms. Dunn Mr. Feldgreber Mr. Panitch Mr. Smith Commissioners absent: None Also present: Mr. Michael Werchek, Werchek Builders Mr. Harold Francke, Piper Marbury Rudnick and Wolfe Mr. Michael Werthmann, KLOA, Inc. Ms. DeAnn Glover, Village Trustee Mr. Jeffrey Braiman, Village Trustee Mr. Richard Kuenkler, Village Engineer Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: EXHIBIT 1 Site plan dated August 16, 2000 by Allen L. Kracower and Associates EXHIBIT 2 Landscape Plan dated August 11, 2000 EXHIBIT 3 Preliminary Traffic Analysis dated August 15, 2000 by Michael A. Werthmann, KLOA, Inc. EXHIBIT 4 Material samples of building roof shingles and building brick EXHIBIT 5 Building elevation sheet of proposed Culver's restaurant EXHIBIT 6 Preliminary Engineering Plan dated August 21, 2000 by Cowhey Gudmundson and Leder, Ltd. Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 1 Mr. Francke stated that Mr. Werchek is the contract purchaser of the site, which is zoned in the Commercial Sub-district of the B-5 Town Center District. He noted that the proposed Culver's restaurant plan has had two workshops with the Plan Commission prior to the present public hearing. In addition, the Culver's restaurant has been presented to the Village Board when the Board approved the P.U.D. amendment for the Belmont Village assisted living facility on an adjacent parcel. He noted that BelmontCorp is the contract purchaser of the entire 6.1-acre tract. The assisted living facility is planned for a 4.5-acre site and the Culver's restaurant site of 1.6 acres will be sold to Mr. Werchek. He noted that the P.U.D. ordinance approved for Belmont Village requires that a Culver's restaurant be developed on the 1.6-acre site. Mr. Francke noted that a restaurant is a permitted use in the Commercial sub-district of the B-5 District, and the drive-through service facility requires a Special Use. He stated that a variation is requested concerning the width of the landscaped buffer yard along Route 83. He commented that the prior approval for the 6.1-acre site was for a five and six-story hotel and banquet facility, which was a more intense use of the site than the proposed three-story assisted living facility and restaurant. Mr. Werchek stated that Culver's currently operates 106 restaurants and plans to expand to 135 locations within the next six months. Culver's is based in Wisconsin, and northern Illinois is the area designated for most of the new locations. He said that Culver's serves cooked to order hamburgers, chicken, and related foods and specializes in custard. He stated that a site of approximately 1.2 to 1.6 acres is needed for a typical Culver's store. The drive-through service window is an important part of the business. The proposed site plan provides 12 stacking spaces for vehicles using the drive-through. Mr. Werchek noted that three stacking spaces are provided beyond the pay window so that customers can wait for their orders to be brought out to their vehicles. He said that a drive-through order is prepared in approximately four minutes. Mr. Werchek stated that pick-up for garbage would be limited to "off hours," and the regular restaurant hours will be 10:00 AM to 10:00 PM. He stated that no breakfast service is planned. Mr. Werchek noted that the trash enclosure area will be located within the building, and the enclosure will be covered with a roof to minimize impacts on adjacent properties. He said that two parking spaces have been added in the area along Route 83 previously planned for the trash enclosure. He noted that the Village traffic consultant recommends a curbed island to direct traffic near the entry to the drive-through lane, and this detail can be added to the plan. Mr. Werchek stated that an extensive landscaping plan has been developed to screen the site along Route 83 and along the west access road. He said that the plan will include rock outcroppings and various shrubbery plantings along Route 83. The site will have a sprinkler system for the plant materials, and the plantings will be well-maintained. He said that the plan would be modified to provide an accessible sidewalk as noted in the Village staff report. He noted that the Village Forester has reviewed the preliminary landscape plan and has said that the plan is acceptable. Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 2 Mr. Francke noted that the site is elongated north/south and there is no direct access to Route 83. The site is bounded on three sides by roads and by a parking lot and access aisle on the south. Based on the configuration of the site a variation is requested to allow an encroachment into the 20-foot landscaped yard along Route 83 for a portion of the by-pass lane that serves the drive- through. The drive-through has been located along the Route 83 side of the building to minimize any impacts on the closest residential properties in Town Place. He noted that other residential areas are separated from the site by Route 83. He stated that the Belmont Village and Culver's developers will create a new access driveway to Route 83, including required turn lanes. Mr. Werthmann stated that the proposed access road to Route 83 will be aligned with Cherbourg Drive. Turn lanes for left turns will be installed on Route 83 at this intersection. The Illinois Department of Transportation (IDOT) has been advised of the plan, and IDOT has issued the letter dated April 19, 2000 included in the Preliminary Traffic Analysis report. He noted that the main driveway to the Culver's site will be located along the new access road between Route 83 and Town Place Parkway. The Belmont Village and Culver's driveways will be offset an appropriate distance. He noted that Culver's has a second access on the south side of the site via a driveway shared with the ENH medical facility. He stated that the Culver's plan provides vehicle stacking for the drive-through and customer parking in excess of the Village's minimum zoning standards. He commented that the curbing near the drive-through lane can be installed pursuant to the Village traffic consultant's recommendation. Mr. Werthmann noted that issues have been raised concerning the access and traffic impact of the Belmont facility and the Culver's restaurant. First, the need for a new access to Route 83 has been questioned. He stated that this access will provide a safe and efficient entry and exit into the Belmont and Culver's sites and minimize the traffic impact on adjacent residential properties in Town Place. This access will provide a more flexible traffic circulation pattern for this portion of Town Center. He noted that the new access to Route 83 was approved for the hotel and banquet facility, which would have had a much more noticeable traffic impact on Town Place and on Route 83 than the proposed assisted living and restaurant uses. Mr. Werthmann said that the second traffic issue is the concern that the new access on Route 83 aligning with Cherbourg Drive will create cut-through traffic for the residential areas on the east side of Route 83. He stated that there will be minimal, if any, traffic impact on the residential areas east of Route 83 attributable to the assisted living facility or the restaurant. He stated that the "cut-through" route does not provide a faster travel path to the proposed developments, so motorists will not use these residential streets to access Belmont or Culver's. He noted that cut- through movements are used typically when traffic on adjacent roads is at peak volume, and it won't be attractive for motorists to try to cross Route 83 to access the new developments from Cherbourg Drive. He said that most motorists would use traffic signals at Pauline and Buffalo Grove Road to access the sites via Route 83. Mr. Werchek reviewed the proposed building materials and colors. He stated that the neon banding noted on the building elevation is part of the Culver's prototype design, but this feature would not be used on the Buffalo Grove Culver's. He stated that the roof would have standard shingles, not a metal material. The roof color would be a dark blue known as "Harbor Blue." The building brick would be muted beige with a tint of gray. The fascia would be aluminum with a Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 3 cream color. Mr. Werchek referred to the proposed building elevation and noted that the HVAC equipment would be screened on the roof. He commented that the trash enclosure area would have the same roof and wall materials as the rest of the building. Mr. Werchek noted that blue and white are the standard colors for Culver's restaurants, and these colors will be used in the interior of the store. He said that the proposed exterior colors are intended to satisfy the Village's appearance goals for the building while still allowing Culver's to use its basic corporate colors. He noted that he would like to have a sign that would allow a custard "flavor of the day" to be posted, but this can be deleted from the sign package if necessary. Mr. Francke stated that the proposed Culver's restaurant will generate sales tax for the Village and will create pedestrian and vehicular traffic that will benefit the commercial and residential areas of Town Center. He stated that the requested variation of the landscaped setback along Route 83 is due to the elongated shape of the site and the extensive frontage along Route 83. He noted that the drive-through lane will be located along Route 83 to minimize impacts on the closest residences to the site, and the variation is needed for only a portion of the Route 83 frontage where the by-pass lane encroaches into the setback. The landscaping plan addresses this encroachment with extensive screening materials. He stated that the drive-through facility is critical to the success of the restaurant. He noted that the developer's traffic expert has testified that the drive-through lanes and overall traffic circulation pattern for the restaurant are well- designed and appropriately located on the site. Commissioner Trilling commented that he prefers that changeable copy not be used in the sign for the restaurant. He inquired if the by-pass lane could be reduced in width. He said that if the by-pass lane will be used for on-site traffic circulation, that might be a reason to maintain it at the proposed width. He suggested that the crosswalk on the access driveway be moved farther west away from the intersection with Route 83. Mr. Werchek said that he could adjust the width of the by-pass lane if the Village determines that it is advisable. He said that reducing the lane to 20 feet in width might make it too narrow for motorists to feel comfortable when using it. He said that although most of the traffic will enter the site from the Route 83 driveway, the by-pass lane will be used for on-site circulation. He commented that the crosswalk could be moved as suggested by Commissioner Trilling. Commissioner Trilling inquired if the building materials are finalized as presented or if modifications are contemplated. Mr. Werchek said that the building materials and colors as presented at the hearing are intended to be "final." He stated that the textured roof shingle is manufactured by Owens-Corning and is identified as "Harbor Blue." The brick is a clay brick, produced by the Pine Paul Brick Company. The fascia is aluminum made by the Rollex Company and identified as "Shell,"which is a beige color. He stated that the garbage enclosure would have a board-on-board cedar fence stained with the "Shell" color of the fascia. Commissioner Dunn asked for confirmation that the roof would be use shingles, not metal. She inquired if awnings will be used on the building. Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 4 Mr. Werchek stated that the roof would be a textured shingle, not metal. Mr. Werchek said that he would like to use awnings with a slate blue color. Commissioner Dunn asked if the columns on the building would be blue and if there will be black and white banding on the building. Mr. Werchek said that the columns would be the "Shell" color. He said that he will not use banding on the building. He indicated that blue trim would be used on the awnings and signs. Commissioner Feldgreber inquired if the requested zoning variation can be handled as part of the P.U.D. amendment. Mr. Pfeil replied affirmatively. Commissioner Panitch inquired where the order screen is located for the drive-through facility. Mr. Werchek said the orders are taken at the corner of the building along Route 83. He noted that orders are walked out to the customers' vehicles, and four stacking spaces are provided after the pay window. Commissioner Panitch asked if the Zoning Ordinance specifies where the stacking spaces for a drive-through are to be located. Mr. Pfeil said that the ordinance does not specify the location of vehicle stacking spaces in relation to the pay window. Commissioner Panitch inquired if stops signs will be provided at the pedestrian walkways and he asked where employees will park. He also asked how many employees will be at the facility. Mr. Werchek said that stop signs will be provided at pedestrian walkways. He commented that the location of employee parking hasn't been designated, but employees will be asked to park away from the building to provide better access to the parking for customers. He said that there will be 15 to 20 employees at the store at one time. He noted that the plan provides 71 parking spaces, while the ordinance requirement is 46 spaces. Jeff Burg, 212 W. Fox Hill Drive, said that he is concerned with possible cut-through traffic and he disagrees with the conclusion of the developer's traffic expert that minimal cut-through traffic will occur. He said that the Plan Commission should look for ways to direct traffic away from Cherbourg Drive. He suggested that right-in, right-out access or left-only and right-only exiting turns be considered for the driveway to Route 83 to discourage traffic from entering the residential area via Cherbourg Drive. He said that Cherbourg now has a lot of children, and additional traffic in the subdivision is a safety concern for parents. Mr. Burg said that he has concerns about noise being created by the restaurant. He noted that customers waiting in the drive-through lane may have the volume on their car stereos turned up loud enough for it to be a nuisance for adjacent residents. He said that sound from cars at the Amoco station and car wash can be heard at homes in Cherbourg. He suggested that signage be used on the restaurant site to Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 5 advise customers that sound from their vehicles should be kept at a low volume. He commented that it is likely that Culver's would start serving breakfast at some point in the future, since competitors provide this service. He questioned if the restaurant would expand the 10:00 PM closing time to a later time, especially in summer months when customers would stop for items such as custard. Mr. Cappas, 503 Cherbourg Drive, stated that he has experience in the fast-food business as an operator of a Burger King restaurant for over 30 years. He noted that there are already a number of restaurant uses in the Route 83/Lake Cook Road corridor near the proposed Culver's site. He questioned the ability of Culver's to stay in business based on the competition in the immediate area. He said that a restaurant needs good visibility and access, and the site proposed for Culver's does not have the visibility needed for a fast-food restaurant. He said that Culver's will have to offer breakfast service and extend its operating hours to compete with other restaurants. He said that he is concerned with traffic safety for pedestrians trying to access the site when crossing Route 83. He commented that the pedestrian link between Culver's and the Belmont Village facility does not appear to have a safe crosswalk location. He inquired if there will be room on the Culver's site for buses and trucks. He noted that people use his driveway 10 to 15 times during the week to back up after coming in from Route 83. He stated that the previous approval for the hotel and banquet facility was wrong, and approving Culver's would also be wrong. Diane Garber, 723 Alsace Court, stated that the proposed Belmont and Culver's facilities will have a significant impact on the Cherbourg neighborhood, and the proposed development harms Buffalo Grove. She noted that at the June 5 and August 7 Village Board meetings the Village President said that the Plan Commission would review a detailed needs analysis of the proposed restaurant. She stated that both the assisted living facility and the restaurant are both uses that are already available in the immediate area. She noted that Town Center has a lot of vacancies. She stated that a taste profile analysis is used to assess the risk/reward ratio of a restaurant, and she believes that Culver's has an unfavorable taste profile at this site in Buffalo Grove. She stated that there will be cut-through traffic in the Cherbourg neighborhood to avoid the traffic signal at Buffalo Grove Road and Route 83. Hope Werking, 505 Cherbourg Drive, inquired why the Plan Commission isn't concerned that high-end user such as Starbucks isn't' locating at this site instead of Culver's. Gary Kahn, 351 Town Place, suggested that the Village take over ownership and maintenance of Town Place Parkway so that Town Place residents won't be burdened by the expense of maintaining a street that is being used by the assisted living facility and the restaurant. Stan Burg, 504 Cherbourg Drive, inquired why the site can't be a park. He said that open space would be a complementary use to the assisted living facility and could be used by residents and employees of the facility. He suggested that traffic exiting the new access driveway at Route 83 be limited to right and left turns, to eliminate possible cut-through into Cherbourg. He said that signs should be posted on the restaurant site advising customers of the Village's regulations concerning noise. He noted that he can hear the stereos from vehicles at the Amoco station. Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 6 Sabrina Stern, 142 Toulon Drive, said that she is disappointed that the Village is considering approval of a restaurant so close to her home. She said that she does not want to look at a restaurant or be affected by the noise and odor it will create. Lawrence Levine, 1368 Larchmont Drive, stated that Culver's is more than a fast-food restaurant. He said that Culver's prepares its food "made to order," rather than using standard items such as Burger King and McDonald's. He said that Culver's is a family restaurant, and its business is growing because it has a family atmosphere. He said that Culver's belongs in Buffalo Grove because the restaurant is family-oriented. Jeff Burg reiterated his comment that the important issues to consider about the proposed restaurant are traffic impact, noise and operational issues such as control of garbage, litter and odor. He said that it is very important the impacts on adjacent residents be fully considered. Ms. Garber inquired if a taste profile analysis and market demand study for Culver's had been submitted to the Plan Commission. Chairman Ottenheimer said that this information was not presented to the Commission. Mr. Francke commented that the purpose of the public hearing is to review the site plan and related items such as the drive-through facility. He noted that a restaurant is a permitted use in the B-5 District, and the Village Board has specifically identified the Culver's restaurant as a preferred use for this site. He noted that a hotel and banquet facility was previously approved for the 6.1-acre tract, and these uses would have later hours and more traffic impact than the assisted living and restaurant uses. He said that the Belmont Village and Culver's uses are a "down zoning" compared to the previous hotel and banquet uses. Mr. Francke stated that the issues raised by Jeff Burg should be addressed, and the developer will work with the Village to develop reasonable standards and conditions for operation of the restaurant. He noted in response to a previous inquiry that there is no provision for buses and trucks to park on the restaurant property. He pointed out that both the developer's traffic expert and the Village's traffic consultant indicate that the Belmont and Culver's facilities will not create cut-through traffic problem for adjacent residential areas. Mr. Werchek said that Culver's requires the owner or franchise operator of each restaurant to be on the premises at least 25 percent of the day. He said that his wife has received extensive training from Culver's concerning operation of the restaurant. He commented that many Culver's stores are in towns with populations of 3,000 to 6,000. He noted that the Buffalo Grove store will have a much larger population base, and he is confident that the restaurant will be successful. He commented that Culver's is a "destination" type of restaurant that does not rely just on drive-by traffic. He said that the hours of 10:00 AM to 10:00 PM are sufficient, and he has no interest in providing breakfast service. Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 7 There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 10:00 PM. Respectfully submitted, Robert E. Pfeil, Village Planner APPROVED BY: LESTER OTTENHEIMER, Chair Buffalo Grove Plan Commission-Public Hearing-September 6, 2000-Page 8 FXHIBIT BI Belmont Village Assisted Living Center 'Phasing Plan Mime I Pease xv RV � r 9 gg k w � r Illllll�j uuuiiiiiiiiuquu ti IIIIIIIIIII a � c r r r r r � r rr a a r �^ 00'9Z i cn V d a� vi .Os I Q Z 6s Q LU ILJ 3 'JJ Ln N � �O a .osei l� � � zz' ZG� or.BI N gC; N 3 co cc: � z o C�9 b '2O 00 9z 1 OR \ LU 109 �. C 9 'OsID, / �J 4 !r \ �b ui w OW w W 9 Z IN ir •� i�r i h I II jl l�', Zp JQ O�LUM 2Z hi ILI ®R n. zar I - 71 G I T-- Fz T16 > A I < z Ll cc 41 :o W! H 0 R SR G) C- g§ gil- W-7,- Z-zr- UT a Z 0 F- ......... ... .. .. ......... ... .. .. .. . ... .. .. Ull If a ... . ... .. .. J W W ff 1 2 3 ❑ O � Q um o � z z LU z W Q W Q � r 1 tilN r, i J y i i t; (r r �ir �ri/f r „rrrr, i I i I II �, KENIG, LINDGREN, O'HARA, ABOONA, INC. �� 9575 W. Higgins Road • Suite 400 (847) 518-9990 • Fax (847) 518-9987 Rosemont, Illinois 60018 email: kloaakloainc.coin MEMORANDUM TO: Mike Werchek FROM: Michael A. Werthmann, P.E. DATE: August 15,2000 SUBJECT: Preliminary Traffic Analysis Culver's Restaurant Buffalo Grove, Illinois This memorandum summarizes the results of a preliminary traffic analysis conducted by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for a proposed Culver's restaurant to be located in Buffalo Grove,Illinois. The site,which is 6.11 acres in size,is located on the north and east sides of Town Place Parkway bounded by IL 83 on the east and Buffalo Grove Road on the west within the Buffalo Grove Town Center.As proposed,the site will be subdivided into two parcels.The southern 1.61 acre site is proposed to contain a 4,538-square-foot Culver's restaurant and the northern 4.5 acre site has recently been approved to contain the Belmont Village 158-unit assisted living facility.A new access road is proposed to be developed between the two developments and will extend from IL 83 to Town Place Parkway. Traffic Generation The traffic generation characteristics of any development are based on the magnitude and character of its land-use. As proposed, the site is to be subdivided with a 158-unit assisted living facility and a 4,538-square-foot Culver's restaurant. The estimate of the peak-hour traffic that will be generated by the developments was based on(1)rates published by the American Seniors Housing Association and (2)transaction data from two existing Culver's restaurants.It should be noted that Culver's are typically only open from 10:00 A.M.to 10:00 P.M. Therefore,these restaurants generate very minimal,if any, traffic during the morning peak hour as they are not open. Table 1 shows the peak-hour traffic estimated to be generated by the proposed developments. Table 1 PROJECTED SITE-GENERATED TRAFFIC VOLUMES Weekday Morning Weekday Evening Peak-Hour Peak-Hour Land-Use Inbound Outbound Inbound Outbound Culver's Restaurant(4,538 square feet) 0 0 80 80 Assisted Living Community(158 units) 15 20 20 15 Total 15 20 100 95 KLOA, InC. Transportation and Parking Planning Consultants Proposed New Access Road As part of the development of the total parcel, a new north-south access road will be developed between the Belmont Village parcel and the restaurant parcel.The proposed access road would extend from IL 83 to Town Place Parkway and would intersect IL 83 opposite Cherbourg Place.As proposed, the new access road would provide a wide two-lane cross section and would be controlled by stop signs at its respective intersections with IL 83 and Town Place Parkway.At its intersection with IL 83,the access road would be widened to provide a three-lane cross section,with one southbound(inbound) lane and two northbound (outbound) lanes. The northbound (outbound) lanes should be striped to provide a separate left-turn lane and a shared through/right-turn lane. Lastly,a separate left-turn lane -will be-required on IL 83 serving the,proposed access road.Enclosed in the Appendix is a letter from the Illinois Department of Transportation(IDOT)preliminarily approving the design and location of the access road. The following outlines several reasons why the new access road has been proposed as part of the two developments. l. The access road will provide direct access between IL 83 and each development(Belmont Village and the Culver's restaurant). Direct access from IL 83 is essential for the viability of both commercial developments,particularly the Culver's restaurant that relies heavily on traffic passing the restaurant(pass-by or divert traffic). 2. By providing direct access to/from IL 83,the proposed access road will minimize the impact of the developments on Town Place Parkway and the residential development located directly west and south of the developments. Without direct access to IL 83,all of the traffic generated by the two developments would be forced to traverse Town Place Parkway to access either of the two developments. 3. The access road will provide secondary access to the Buffalo Grove Town Center,which will only improve the flexibility of the Town Center access system.This will further help distribute the Town Center traffic throughout the development and reduce its impact on the external roadway system. 4. Lastly,the banquet facility and hotel development previously approved for the subject parcel was approved for an access drive/road on IL 83 opposite Cherbourg Place.Therefore,this access road has been planned for the Town Center for several years.Lastly,it should be noted that the approved banquet facility and hotel development would have a much greater traffic impact on the proposed new access road as well as the entire roadway system than the current proposal(Belmont Village and the Culver's restaurant). As we have indicated,the proposed new access road would intersect IL 83 opposite Cherbourg Place. Based on the review of the roadway system, it is our opinion that the location of the access road opposite Cherbourg Place will not result in traffic utilizing the Cherbourg neighborhood as a cut- through route.This opinion is based on the fact that Cherbourg Place is a very meandering residential 2 road with a very low speed limit.Further,the roadway does not provide direct access to any other major collector or arterial roadway.It only provides access to other meandering residential roadways serving the Cherbourg neighborhood and other residential areas north and east of the site. Motorist typically cut through neighborhoods only ifthey perceive they will save time by doing so.Since Cherbourg Place does not provide direct access to any major roadways and given the design of the residential roads in the neighborhood, it is our opinion motorists will not find Cherbourg Place or any of the other residential roads as an attractive alternative route.Lastly,most of the visitors and/or patrons to the two developments will not be familiar with the Cherbourg neighborhood and the residential roadways and, as such,will avoid traversing these roadways. Site Access System Culver's Restaurant Access to the Culver's restaurant is proposed to be provided via an access drive on the new access road and an access drive on Town Place Parkway.The following describes the design and location of each access drive. • The access drive proposed for the new access road will be located just north of Town Place Parkway. Due to the very minimal traffic generated by the assisted living development and the limited volume of traffic projected to use the new access road,it is our opinion that the proximity of the access drive to Town Place Parkway should not pose any operational or safety problems. • Access to Town Place Parkway will be provided via the existing access drive serving the medical building located directly south of the restaurant.Per an access easement,this will be a shared access .drive providing access to both the Culver's restaurant and the medical building. Belmont Village Access to the Belmont Village development is proposed to be provided via an access drive on the new access road and an access drive on Town Place Parkway. The following describes the design and location of each access drive. • The main access drive will be located on the new access road approximately halfway between IL 83 and Town Place Parkway. This access drive will provide access to the main entrance of the facility and the resident/visitor parking lot. • Access to the employee parking lot and the service/delivery loading area will be provided via an access drive located on Town Place Parkway approximately 125 feet west of the access drive to the condominiums located south of Town Place Parkway. 3 The access drives to both of the developments should provide a minimum cross section of 24 feet with one inbound lane and one outbound lane.The outbound lanes at all four access drives should be under stop sign control. Lastly, due to the minimal traffic generated by either development and the limited volume of traffic projected to use the new access road or Town Place Parkway, it is our opinion that separate left-turns lane are not required on either the access road or Town Place Parkway serving any of the access drives. Conclusions The proposed 6.11 acre parcel is well situated with respect to the local road system.The traffic that will be generated by the Belmont Village assisted living facility and the Culver's restaurant will have no significant impact on area land-uses or the road network.The proposed site access system will be more than adequate to serve the facility with minimal interruption to through traffic on existing roads in the area. 4 Illinois Department of Transportation Division of Highways/District 1 201 West Center Court/Schaum burg,Illinois 60196-1096 PERAMS File Number: Preliminary Location: IL 83 E/O Buffalo Grove Rd. April 19,2000 Michael A.Werthmann,P.E. KLOA,Inc. 9575 W.Higgins Rd.—Suite 400 Rosemont,IL 60018 Dear Mr. Werthmann: We have reviewed the Preliminary Traffic and Parking Analysis and Site Plan and have the following remarks: -0 Access aligned with Cherbourg Drive is acceptable, but should match the geometry existing at Cherbourg Drive as nearly as possible. A Left Turn Lane to serve the new access should be provided on IL 83 and should match taper and storage for Left Turn Lane which exists for Cherbourg Drive. Every effort should be made to move access for Belmont Village as far from the edge of IL 83 (100 ft.)as is possible. Future restaurant access must be at least 100 ft.from IL 83. The preceding comments are preliminary in nature and subject to review and approval of engineering plans for proposed work in the right of way. Please submit 3 sets of engineering plans along with drainage and detention submittal for the site as it effects the IL 83 right of way. (See the enclosed checklist). If you have any questions regarding this matter, please contact Mr. George Guderley of my staff at(847)705-4131. Very truly yours, John P.Kos,F.E. District Engineer c By: y Arthur Klinicki,P.E. Traffic Permit Engineer GG/mck enclosure JAMES J. BENES AND ASSOCIATES, INC. 1755 Park Street■ Suite 100 - Naperville, Illinois ■ 60563 Tel. (630)369-7800 ■ Fax(630)369-7819 MEMORANDUM Date: August 31,2000 To: Mr. Robert E. Pfeil Village Planner Village of Buffalo Grove From: Thomas Adomshick, P.E. - q'- Vice President ' Re: Culver's Restaurant Job No. 638.043 At your request, we have reviewed the Preliminary Traffic Analysis, dated August 15, 2000, prepared by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) for a proposed 4,538 square foot Culver's Restaurant with a drive-through service window. In addition, we reviewed the Preliminary Site Plan "CSP-1" revised August 16, 2000, prepared by Allen L. Kracower & Associates, Inc., and the Preliminary Engineering Plan dated August 21, 2000, prepared by Cowhey Gudmendson Leder, Ltd. Preliminary Traffic Analysis Traffic Generation Site traffic for the restaurant was estimated based upon transaction data from two existing Culver's restaurants. In addition, traffic generated by the approved Belmont Village assisted living facility just north of the restaurant was estimated based upon rates published by the American Seniors Housing Association. These are reasonable methods of estimating site-generated traffic. However, we are unable to verify the estimated traffic because the traffic analysis does not include the transaction data and trip generation rates upon which the site trips are based. Supporting data for the site estimated traffic should be provided. Proposed New Access Road The proposed new access road aligned with Cherbourg Drive to the east, and extending from Town Place Parkway to Route 83 has received conceptual approval by the Illinois Department of Transportation (IDOT) with the conditions that a left-turn lane to service the new road be provided on Route 83, and the restaurant access be located at least 100 feet from Route 83. Final plans should be submitted to IDOT for review and permitting. It is concurred that the Cherbourg neighborhood is not likely to experience cut-through traffic as a result of construction of the new access road. Drivers unfamiliar with the Cherbourg neighborhood streets will have a difficult time finding their way through the neighborhood due to the layout of the streets. In addition to the other reasons discussed in the traffic analysis, it will be difficult for cut-thru trips to cross five lanes of traffic on Route 83 when traveling between Cherbourg and the new access road during the morning and evening peak hour periods. This will discourage cut-thru trips to/from the site and Town Center during periods of congestion on the arterials, when motorists are more likely to seek alternate routes. August 31,2000 Culver's Restaurant Culver's Restaurant Site Access Ideally, the best location for the Culver's driveway to the new access road would be to align it opposite the Belmont Village driveway, rather than just to the north of Town Place Parkway as shown on the Engineering Plan. However, the driveway location shown on the plan is expected to operate satisfactorily since there is expected to be little traffic turning right from Town Place Parkway onto the new access road. Traffic from the southeast on Town Place Parkway is expected to be minimal because it will be easier for those vehicles to access Route 83 at the signalized intersection at Pauline Avenue rather than at the Stop sign controlled new access road intersection with Route 83. Preliminary Engineering and Site Plans It is recommended that proposed pavement markings on the new access road be shown on the plans. The geometry of the left turn lanes and tapers on the new access road and also on Route 83 should be provided. It is recommended that the mid-block crosswalk across the new access road, adjacent to the Belmont Village driveway, be eliminated. Pedestrians should be encouraged to cross at the intersections at either end of the access road. At the currently shown entry to the drive-through lane, vehicles can enter the lane either from on-site or from the shared driveway with the medical office to the south. The intended approach to the drive- through lane is from on the restaurant site. It is recommended that a triangular island be constructed as shown on the attached sheet to better define traffic circulation at the drive-through lane entrance and the shared driveway. The channelization will prevent vehicle queues from extending into the shared driveway during peak drive-through usage periods. Directional signage at the shared driveway could direct drive-through patrons approaching from the south on Town Place Parkway to use the north entrance. --END-- •Page 2 r6% ir 9 SAN 9 MH No. �a Bey ,')-.� �1•�y..� :jJtt /)�) ',n l . r \ O rco6 ' 2 — 3/4"X1 8" S GREASED AND C o rc+ ?O �• EXPANSION JOIN TGi6g �S rc! sBJ 12 CC 9sO ,o- .61 � S r \ s R1Mp 1 966e rC rci69 \seS rr�6B EX. SAN MH 4 50 0 6 + 6 `t9 s JO RIMa684,84 68 ao„ OS to �� t EX INV-666.27(W) 'M.. EX INV-666:46(E) ?p EX INV-666.30(N) va r f EX INV-676.72 (PLUGGED) \�'�, rCa6g6 rC`sBs\ C'68S,Sy �\"'• LUG AT 0ReP CONNECTION PROPOSED NV-66 4• �' r� 9e \\J .95 L.F. r 12" PVC SAN ®' a ?o O�� SAN MH No. 1 AZ 4��' ,� e�w�� } r 9 \ INV= 66 5.34 � O� X. �5,�9 r .c,�q "� �a `b3 ��`1�� ` 7�Oss� sBJ ;•�� R 6 Vn SAN 51 S 'gyp es eon Cos �� ses s� �. WITH 13' rc �q 6651J �e,��s� 68s qrr Qp 6 �.+ s6�'�9� ��� rCaEB�6B6 1 ��°1G�6�► B�y \ AN"® 0`14% � , ham.,5� / e !- �•' � \ \\ REMOVL�EX.V* SANI Y +sB ( J `t�'BS \ 2" SERVICE TAP \ SE*ER AND f�1C(�DITCH �! ; , S !o ''o�'I' T =�,� e�-�t� ' ;,tWITH,$ELECTG ULAR % \\ �• ! �'.7�NMD rI TRENCH.13ACKFT4L K OVE EX. PAVEMENT.I y it �;•Nl ! \ + I' WITHIN THIS AREA ANQ / REPLACE AT INpt6h°Ef�'� A \� \\ "' r' \. GRADES. �.1 '� 7 •\•\ \ •'� \\ ,,� ,•,n ',�\ •( INV«•ts75.2o(N.S) . .,y, r l FX. SAN MH._._ 1 \\ \ \\ EX. SAN MH RIM-686.19 INV=674.97(N W) INV-674.99(SE) INV-666.51(E) INV-666.70(S,NW) 1 PROP. IN Vn 666.51 `' Board Agenda Item Submittal xII-C Requested By: William H Brimm Entered By: William H Brimm Agenda Item Title: Ordinance No.2000- An Ordinance Approving an Agreement with Edward Hines Lumber Co. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/09/2000 11/20/2000 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No 0 Yes No funds? Is this a budgeted item.? Projected total budget impact: Additional Notes regarding Expenditures: Expenditure will be based upon levels of sales tax income received times the distribution factor within the Agreement Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The Ordinance authorizes the Village President and Village Clerk to execute an Agreement between the Village and Edward Hines Lumber Co.to implement certain incentives for Hines as stated in the document. The effective date of the Agreement will be November 1, 2000. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files LJ hinesord.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: ORDIIUMCE NO. 2000- AN ORDINANCE APPROVING AN AGRZOENT WITH EDMWW HINES LEER CO. WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS;, Edward Hines Lumber Co ("Hines") has located its single order- acceptance for credit sales at its corporate headquarters in the Village of Buffalo Grove; and WHEREAS, as a result, the efficient and effective use of commercial property will occur which will increase the Village's tax base and increase employment opportunities in the Village, and in furtherance of this, the Village is willing to grant certain incentives to Hines. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The foregoing Whereas clauses are hereby incorporated herein. Section 2. The Village 'President and Village Clerk are hereby authorized to execute the Agreement between the Village of Buffalo Grove and Edward Hines Lumber Co., a copy of which is attached hereto as Exhibit "A". Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: 2000. APPROVED: , 2000. APPROVED: Village President ATTEST: Village Clerk AGREEMENT THIS AGREEMENT is made and entered into on this day of ,2000,by and between the VILLAGE OF BUFFALO GROVE,an Illinois Municipal Corporation(hereinafter referred to as the"Village"), and EDWARD HINES LUMBER CO.,an Illinois corporation(hereinafter referred to as"Hines"). Recitals WHEREAS,Hines sells lumber and other building materials in Illinois primarily on a credit basis; WHEREAS,Hines has several warehousing facilities and other business locations in cities throughout Northern Illinois; WHEREAS,Hines recently moved its Corporate Headquarters to Buffalo Grove,Lake County, Illinois; WHEREAS,Hines could increase its competitiveness in the marketplace by establishing a single order-acceptance point for all Credit Sales if Hines and the municipality,where the single order- acceptance point is located,enter into a municipal sales tax incentive agreement; WHEREAS, in order to induce Hines to make its Corporate Headquarters its single order- acceptance point for Credit Sales,the Village will make payment to Hines of a portion of the municipal component of the sales tax revenue generated by Hines from credit sales as provided in this Agreement; WHEREAS,the entire sales tax rate applicable to credit sales within the Village is 7%,the Village's total portion of which is 1.5%;the home-rule portion of the Village's portion of the sales tax rate is 0.5%; WHEREAS,the Village desires to foster an efficient and effective use of the Corporate Headquarters that will increase the Village's sales tax base and increase employment opportunities in the Village,and in furtherance thereof,the Village is willing to grant certain incentives to Hines subject to the terms and conditions set forth herein; WHEREAS,Hines believes that this Agreement is in its best interest as it will achieve cost efficiencies by centralizing sales and credit functions,which will improve its competitiveness in the marketplace; WHEREAS,the parties hereto acknowledge,and Hines represents and warrants that Hines would not maintain its single order-acceptance point in the Village but for the economic incentives to be given by the Village pursuant to this Agreement; WHEREAS,the Village,as a Home Rule unit of government,may exercise any power and perform any function pertaining to its government and affairs pursuant to Section 6 of Article VII of the 1970 Constitution of the State of Illinois,and pursuant to Section 10 of Article VII, is authorized to 1 contract or otherwise associate with individuals in any manner not prohibited by law or ordinance; NOW,THEREFORE, in consideration of the mutual covenants and promises set forth herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties,the Village and Hines agree as follows: 1. Incorporation of Recitals: The Recitals heretofore set forth are incorporated herein and made a part of hereof and shall constitute findings of fact made by the Village with respect to the designation of Hines' Corporate Headquarters as its single order-acceptance point for Credit Sales. 2. Definitions: Whenever used in this Agreement,the following terms shall have the following meanings unless a different meaning is required by the context: A. "Commencement Date":November 1,2000,which represents the date upon which Hines established its Corporate Headquarters as the single order-acceptance point for all credit sales with shipping locations within the State of Illinois. B. "Corporate Headquarters": 1000 Corporate Grove Drive,Buffalo Grove,Illinois C. "Credit Sales": Disposition of lumber or other building materials or products sold by Hines to customers on a deferred-payment basis. D. "Edward Hines Lumber Co.": The Illinois corporation, its wholly-owned subsidiaries and joint ventures where Hines performs billing functions. E. "First Sales Tax Year": 2001 F. "Gross Receipts": The term"Gross Receipts"shall have the same meaning as that which is ascribed to it in the Illinois Retailers' Occupation Tax Act,35 ILCS 120/1. G. "Municipal Sales Tax": That portion or component of the Sales Tax generated from the Property that the Village actually receives from the State of Illinois pursuant to the Retailers' Occupation Tax Act,the Service Occupation Tax Act,the Service Use Tax Act,the Use Tax Act, and the Village's Home Rule Sales Tax Ordinance. H. "Payment Period": Taxable year as defined by the State of Illinois Department of Revenue (hereinafter referred to as"IDOR"),unless otherwise provided. I. "Property": The Corporate Headquarters currently located in the Village of Buffalo Grove J. "Sales Tax": Any and all taxes imposed and collected by the State of Illinois pursuant to the Retailers' Occupation Tax Act,the Service Occupation Tax Act, Service Use Tax Act,the Use Tax Act,and the Village's Home Rule Sales Tax Ordinance. K. "Sales Tax Payment": The payment to Hines of a portion of the Municipal Sales Tax that the Village as required pursuant to Paragraph 3 of this Agreement. 2 L. "Sales Tax Year": The period of time from January 1st of one year to and including December 31"of the same year. 3. Sales Tax Payment: The Village agrees,warrants and guarantees to pay Hines Municipal Sales Tax generated by Hines to be calculated as follows: Beginning with the first month of the First Sales Tax Year,which represents Sales Tax generated during November,2000 and throughout the Term,as defined herein,the Village and Hines shall share on a monthly basis the Municipal Sales Tax resulting from taxable Credit Sales with single order-acceptance at the Property and received by the Village in the following amounts: 80%of the total Municipal Sales Tax to Hines;and 20%of the total Municipal Sales Tax to the Village. 4. Forms and Reporting_Requirements: Throughout the Term,as defined herein,Hines shall cause to be timely delivered to IDOR Forms ST-1 and ST-2(the"Forms"),or any form that replace or supplement same and shall deliver copies of same to the Village. The forms provided shall detail the amount of Sales Tax collected and paid to IDOR as well as taxable gross receipts for the Property. Hines and the Village shall keep all Sales Tax information confidential except where disclosure of such information is required by law. 5. Calculation and Payment of Sales Tax Payment: The calculation and payment of the Sales Tax Payment shall be as follows: A. The Village shall calculate in good faith the amount of the Sales Tax Payment applicable for each month during the Initial Term and any Renewal Terms,as defined herein,and shall submit those calculations to Hines within ten(10)business days after the Village's receipt of the Forms. B. Payment of the Sales Tax Payment shall be monthly. 1. Within thirty(30)calendar days after the Village has received the latter of. (a)payments of Municipal Sales Tax from the State of Illinois or(b)the Forms,the Village shall forward to Hines the Sales Tax Payment for the given month. 2. The Sales Tax Payment shall be payable solely from the Municipal Sales Tax amounts actually received by the Village from the State of Illinois. 3. If for any reason the State of Illinois fails to distribute all of the Municipal Sales Tax to the Village within thirty(30)calendar days of the close of any monthly period,the Village shall provide written notification of same to Hines and the Village shall make the required monthly Sales Tax Payment to Hines within thirty(30)calendar days after all required amounts have been received by the Village. 6. Creation and Approval of Single Order-Acceptance Point: A. As of the Commencement Date,Hines has taken the internal corporate measures necessary to establish its Corporate Headquarters as the single order-acceptance point for all Credit Sales with shipping locations within the State of Illinois and has requested a General Information Letter(the"GIL") from IDOR seeking its concurrence with Hines' analysis that single order-acceptance takes place within the Village. 3 B. The parties agree that all Municipal Sales Tax amounts shall be held by the Village in an interest-bearing escrow account,with 80%of all interest accrued to belong to Hines and 20%to the Village,until IDOR's issuance of the GIL and a Private Letter Ruling("PLR"),each substantially concurring with Hines' analysis that order-acceptance takes place within the Village. C. Upon receipt of the GIL,Hines will request a Private Letter Ruling from IDOR which confirms that under the facts as stated in the GIL,the order-acceptance point is the Corporate Headquarters. D. As long as the single order-acceptance point is within the Village,as determined by IDOR, then the Village's Home Rule Municipal Sales Tax rate shall apply to all Credit Sales generated by Hines with delivery locations within the State of Illinois. 7. Increase in Sales Tax Rate: A. This Agreement is conditioned upon existing law which currently provides for,and allows the Village to collect,Municipal Sales Tax and allows the Village to impose a Home Rule Sales Tax. B. This Agreement shall in no way restrict or prohibit the Village from eliminating or amending its Home Rule Sales Tax Ordinance. C. In the event that the Village increases its current Home Rule Sales Tax of 0.5%,during the Term,by 0.25%or less,then Hines shall receive the entire incremental increase in the Home Rule Sales Tax. D. In the event that the Village increases its current Home Rule Sales Tax of 0.5%,during the Term,by more than 0.25%,including increases that combined are more than 0.25%,Hines shall have the right to select one of the following at its sole discretion: i. Terminate this Agreement by written notice to the Village within one-hundred and eighty(180) days after implementation of said increase; or ii. Receive 80%of the incremental increase in the Home Rule Sales Tax. E. In the event that Lake County's current Sales Tax of 0.25%is increased during the Term, Hines shall have the right to terminate this Agreement by written notice to the Village within one-hundred and eighty(180)days after implementation of said increase; F. In the event that the Regional Transportation Agency's("RTA")current Sales Tax of .25%is increased during the Term,and said increase applies exclusively to Lake County,Hines shall have the right to terminate this Agreement by written notice to the Village within one hundred and eighty (180)days after the implementation of said increase. 8. Term of Agreement: 4 A. This Agreement shall be in full force and effect for a term of ten(10)years, starting on the Commencement Date(the"Initial Term"),provided the Village's obligation to make any payments pursuant to this Agreement,that accrued during the Initial Term and any Renewal Terms,as defined in Paragraph 8.B.but remain unpaid at the termination date, shall survive until fully discharged. B. This Agreement will be automatically renewed for two(2)additional terms of five(5)years each(each a"Renewal Term")(the Initial Term and any Renewal Terms shall be referred to collectively as the"Term"),unless either party provides the other party written notice not to renew not less than one hundred and eighty(180)days prior to the expiration of the Initial Term or any Renewal Term. C. During the Term,Hines shall not relocate its single order-acceptance point to outside the Village,unless maintaining its single order-acceptance point within the Village would be a violation or contravention of any case, decision or determination of any state or federal court, agency or entity,or maintaining its order-acceptance point in the Village would subject Hines to penalties or fines of any kind levied or rendered by any state or federal court, agency or entity,or unless required to do so pursuant to any state or federal court,agency or entity, in which case Hines shall have the unilateral right,upon prior written notice to the Village,to terminate this Agreement. 9. Exclusive Agreement: During the Term,Hines agrees not to enter into any other municipal sales tax revenue sharing agreements with other municipalities. 10. Default: The occurrence of any one of the following shall constitute a default by the respective parties: A. Hines shall be considered in default of this Agreement for: 1. Failure to comply with any material term,provision or condition of this Agreement;or 2. Materially misrepresenting or warranting in bad faith any information contained in this Agreement;or 3. Filing a petition for a Chapter 7 bankruptcy or be adjudicated as bankrupt under Chapter 7 of the U.S.Bankruptcy Code;or 4. Making a general assignment for the benefit of creditors or to an agent authorized to liquidate its improvements on the Subject Property,provided that,as a result of such acts,Hines ceases operations and closes its operations for more than sixty(60)consecutive days. B. The Village shall be considered in default of this Agreement for: 1. Failure to make complete and timely payment to Hines on the terms herein provided; or 2. Failure to comply with any material term,provision or condition of this Agreement. 11. Notice and Cure: Before taking any action pursuant to Paragraph 10 of this Agreement,a party shall first provide written notice to the other party of the breach or alleged breach of this Agreement which 5 would be the basis for same,and allow a period of thirty(30)days for the curing of said breach or alleged breach. 12. Remedies: Subject to the requirements of Paragraph 11 of this Agreement,the non-defaulting party may,at its option,terminate this Agreement by written notice forwarded to the defaulting party after any applicable cure period shall have expired; or may continue to respect and abide by the terms of this Agreement, and may by suit, action,mandamus or any other proceeding,in law or in equity, including specific performance, elect to enforce or compel the performance of this Agreement. The exercise of one or more of said rights or remedies shall not impair a parry's right to exercise any other right or remedy provided for in this Agreement,or by law. 13. Notices: All notices required or desired to be given hereunder shall be deemed given if and when delivered personally,or on the next business day after being deposited with a national overnight courier service, or on the next business day after being deposited in the United States certified or registered mail, return receipt requested,postage pre-paid,or upon receipt of a facsimile transmission with a confirmation delivered by regular mail, addressed to the party at its address set forth below,or to such other address as the party to receive such notice may have designated to all other parties by notice in accordance herewith: MRIMMOMMIENWAS, ,,,,. .. .OM ,,. M._ . Village of Buffalo Grove Steven T. Svendsen,CFO John L.Eisel,Esq. Attn: Director of Finance Edward Hines Lumber Co. Wildman,Harrold,Allen& 50 Raupp Blvd. 1000 Corporate Grove Drive Dixon Buffalo Grove,IL 60089 Buffalo Grove,IL 60089-4550 225 W.Wacker Drive Chicago,IL 60606-1229 William G. Raysa Raysa& Skelton,P.C. 1140 Lake Street, Ste. 400 Oak Park,IL 60301 14. Indemnity: Hines shall and hereby agrees to defend,hold harmless and indemnify the Village, its President,Trustees, employees,agents and attorneys from and against any and all claims,demands, suits, damages, liabilities, losses,expenses,and judgments which may arise out of the establishment of a single order-acceptance point within the Village or this Agreement. The obligation of Hines in this regard shall include but shall not be limited to all costs and expenses, including reasonable attorneys' fees, incurred by the Village in responding to,defending against,or settling any such claims,demands, suits,damages, liabilities, losses,expenses or judgments. Hines covenants that it will reimburse the Village,or pay over to the Village,all sums of money the Village pays,or becomes liable to pay,by reason of any of the foregoing,and will make payment to the Village as soon as the Village becomes liable therefor. In any suit or proceeding brought hereunder,the Village shall have the right to appoint counsel of its own choosing to represent it. 15. Assignment: Hines may not assign this Agreement or the amounts,in whole or part,to be reimbursed hereunder without the Village's prior written consent,which consent shall not be unreasonably withheld. The Village acknowledges that this Agreement is an obligation which runs to Hines and is not a covenant running with the land. 6 16. Third Party Beneficiaries: The Village and Hines agree that this Agreement is for the benefit of the parties hereto and not for the benefit of any third party beneficiaries. No third parties shall have any rights or claims against the Village arising from this Agreement. 17. Inspection of Books and Records: Upon prior written notice to Hines,and at a place and time that is mutually beneficial to both parties,the Village shall have the right to inspect and review those books and records which are directly related to establishing Credit Sales for any Sales Tax Year or portion thereof. 18. Severability: The invalidity of any paragraph or subparagraph of this Agreement shall not impair the validity of any other paragraph or subparagraph. If any provision of this Agreement is determined to be unenforceable, such provision shall be determined severable and the Agreement may be enforced with such provision severed or as modified by such court. 19. Governing Law: This Agreement shall be deemed to have been executed,delivered and accepted in the State of Illinois and shall be construed pursuant to and in accordance with the laws of the State of Illinois. 20. Entirety of Agreement: This Agreement embodies the entire agreement and understanding between the parties and there are no other agreements,representations,warranties or understanding,oral or written,between the parties with respect to the subject matter of this Agreement. No alteration, modification, amendment or change of this Agreement shall be valid unless by like instrument. 21. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 22. Counterparts: This Agreement may be executed in two(2)or more counterparts,each of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. VILLAGE OF BUFFALO GROVE By: Village President ATTEST: Village Clerk 7 EDWARD HIKES LUMBE CO. CFO ATTEST: Title: ACKNOWLEDGEMENT STATE OF ILLINOIS ) SS COUNTY OF LAKE ) This instrument was acknowledged before me on the_day of 2000,by ,the President of the EDWARD HINES LUMBER CO.,an Illinois corporation and by of said corporation. Notary Public SEAL: My Commission expires: ACKNOWLEDGEMENT STATE OF ILLINOIS ) SS COUNTY OF LAKE ) This instrument was acknowledged before me on the_day of 2000,by ,the Village President of the VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation and by of said Municipal Corporation. Notary Public SEAL: My Commission expires: 8 Board Agenda Item Submittal xIV A Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Pre-application Conference:Giametta property,22953-22981 Prairie Road, Prairie View-Request for annexation in he Residential Estate District Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 11/15/2000 11/20/2000 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Filippo and Salvatrice Giametta have submitted the attached petition for annexation. The property is a 2.66-acre tract on the east side of Prairie Road north of Route 22. The property is zoned R-1 by Lake County. The area is not given a land use designation in Buffalo Grove's Comprehensive Plan, but it adjoins property to the south in Buffalo Grove designated for single-family development and zoned Residential Estate. The Giametta property also adjoins the Calvin Nelson property discussed by the Village Board on November 6. The property is currently occupied by a residential structure, a garage, a shed and a barn. The property is also used for the Giamettas' landscaping business. The Giamettas' are interested in annexing to Buffalo Grove, and they indicate that Residential Estate zoning is acceptable. The Giamettas, however, request that they be allowed to continue non-residential use of the property until they can find a new location for their landscaping business.Village staff has conceptually discussed a one to two year time limit for non-residential use of the property. Connection to Village water and sewer service would be deferred until a plan for redevelopment is proposed. I recommend that the Village Board conduct a public hearing concerning the annexation agreement without a review by the Plan Commission since there are no immediate plans to develop the property. When redevelopment is proposed for the property, specific plans would be presented for review and hearing by the Plan Commission. As noted when the Nelson property was discussed by the Village Board, the Giametta and Nelson tracts and the adjacent lots zoned R-E in Buffalo Grove could be assembled into a single development tract of approximately 8.7 acres. Staff suggests that a townhome development with a density of approximately 6.5 units per acre would be an appropriate use for the combined development tract. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Giametma .pdf Giampeti.pdf Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: STATE OF ILLINOIS ) )ss. COUNTY OF LAKE ) BEFORE THE CORPORATE AUTHORITIES OF 2 THE VILLAGE OF BUFFALO GROVE, ILLINOIS IN THE MATTER OF: ) FILED THE ANNEXATION OF CERTAIN ) — MAY 10 20M TERRITORY TO THE VILLAGE OF ) vtltage clerk 1 euffa BUFFALO GROVE, LAKE COUNTY ) o� IL cry. % ILLINOIS ) 6 � PETITION FOR ANNEXATION NOW COMES the undersigned petitioners,Filippo F.Giametta and Salvatrice Giametta,his wife, and request the annexation of the territory hereinafter described to the Village of Buffalo Grove,Lake county,Illinois. In support of this Petition,the Petitioners respectfully state as follows: 1. The Petitioners are the owners of record of all of the land legally described on Exhibit A, attached hereto and specifically incorporated by this reference. 2. That the property consists of approximately 2.66 acres of land,partially improved with a residence, a garage, a frame barn and related improvements. The property is situated approximately 250 feet northwesterly on Prairie Road,near the northeast corner of the intersection of Half Day Road (IL Route 22) and Prairie Road. The property has approximately 367.5 feet of frontage on Prairie Road. 3. That there are no electors residing on the property. 4. The Petitioners desire the property be annexed to the Village of Buffalo Grove,Illinois. 5. The property is not within the corporate limits of any municipality,but is contiguous to the Village of Buffalo Grove, Illinois. 6. This Petition is contingent upon the approval by the corporate authorities of the Village of Buffalo Grove,Illinois of an Annexation Agreement mutually acceptable to the Petitioners and the village of Buffalo Grove, Illinois. IN WITNESS WHEREOF,the Petitioners have hereunto set their hands and seals this 101 day of May, 2000. Filippo . Giam a 3ep-&'O�r—� � Salvatrice Giametta STATE OF ILLINOIS ) )ss COUNTY OF LAKE ) I, Steven B.Nagler,a Notary Public in and for said County in the State aforesaid,do hereby certify that Filippo F. Giametta and Salvatrice Giametta, personally known to me to be the same j persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as their respective own free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this 10`'Day of May, 2000. 'IN �c.:Stsoe�f Illin,.�►+s> f nss�on ExQ.Ol118/2p111 < ,1u�Y N lic '«ttt�[K�ur««ucf�ra�ct�u� , My Commission Expires: LOCAT 02 MAP ROUTE 22 / PRA 0 E RD ARREXAT 02 PARCELS S TE g�5 � T 2N 3 LE LN. �2 2 0 0 20 L Cu R LLI EL Q J Eo w M NA LN. a z � N �sno E o 3 CT co 0 36 530 CTN � 3 8 T 01 Z��� C-) T4gE Q3 LEI �� 0 �� 246 �E0� 8-34 10_ 6 34401441 N t6q � �0 3430 P 3431 2 � 3430 ��� 3431 3410 3431 3440 / 3411 411 3430 3