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2016-10-17 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 A. Pledge of Allegiance 2. Approval of Minutes A. Village Board - Regular Meeting - Sep 19, 2016 7:30 PM 3. Approval of Warrant A. Approval of Warrant #1268 (Trustee Johnson) 4. Village President's Report A. Monday October 31, 2016 - Trick or Treat Day in Buffalo Grove (President Sussman) B. 2016 National Breast Cancer Awareness Month (President Sussman) 5. Village Manager's Report 6. Special Business A. Public Hearing for an Amendment to the Berenesa Plaza Annexation Agreement to Allow for a New Commercial Development on the 25 Acre Property at the Northwest and Southwest Corners of Milwaukee Avenue (Request to Continue to December 5, 2016 Village Board Meeting) (Trustee Berman) B. Public Hearing for an Amendment to the Annexation Agreement for Speedway at 201 Milwaukee Avenue to Allow for a 350 Square Foot Building Addition (Trustee Weidenfeld) 7. Reports from Trustees 8. 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 items of business on the Regular Agenda under New Business. (Attached). A. Proclamation Declaring November as Native American Heritage Month (President Sussman) SUMMARY: The Village recognizes November as Native American Heritage Month. B. Security Camera Enhancements at the Police Department (Trustee Trilling) SUMMARY: Staff has followed the Request for Proposal formal procurement process in selecting Esscoe as the contractor for this project. As not all of the elements of this project can be considered to be Professional Services, staff recommends that the Village Board waive bids and authorize the award of a contract to Esscoe, LLC for the Security Camera Enhancement project in an amount not to exceed $69,786.00. C. R-2016-23 Resolution Relating to an Emergency Management Mutual Aid Agreement (Trustee Trilling) SUMMARY: The resolution and agreement allows the use of Emergency Management Mutual Aid with other jurisdictions in the Northwest Central Dispatch System. D. 0-2016-46 Ordinance Amending Chapter 5.20 Liquor Controls (President Sussman) SUMMARY: The Class E Liquor License issued to Grill on the Rock, Inc. at 301 Milwaukee Avenue is hereby rescinded. Grill on the Rock, Inc. is no longer in business. E. 0-2016-47 Ordinance Amending Chapter 15.36.060 - Inspection Requirements (Trustee Berman) SUMMARY: The purpose of the Ordinance is to require the annual inspection to be performed within the first three months of license application or renewal and to remove the issuance of a temporary certificate. F. 0-2016-48 Approval of an Amendment to Ordinance 2015-56 for Sky Fitness at 1501 Busch Parkway (Trustee Weidenfeld) SUMMARY: Sky Fitness is proposing changes to the approved building plans as part of Ordinance 2015-56, which granted approval of a building addition in 2015. The proposed new plans reduce the size and height of the building addition. The Planning & Zoning Commission voted 7-0 recommending approval of the amendment. G. 0-2016-49 Ordinance Amending Section 5.24.100, Hours, and Section 9.38.037, Construction Regulations -Hours of Work, of the Buffalo Grove Municipal Code (Trustee Trilling) SUMMARY: This ordinance amends Section 5.24.100 to limit hours of solicitation to prior to nine a.m. or after eight p.m. of any weekday or any Saturday, or at any time on a Sunday or on a state or national holiday. It likewise amends the hours of work permitted for construction on weekends. 9. Ordinances and Resolutions A. R-2016-24 Resolution Supporting the Transportation Lockbox Constitutional Amendment (Trustee Berman) B. R-2016-25 A Resolution Authorizing Negotiation of Lease for the Buffalo Grove Golf Course Restaurant (Trustee Johnson) C. 0-2016-50 Ordinance Approving an Amendment to the Annexation Agreement to Allow for a 350 Square Foot Building Addition for Speedway at 201 Milwaukee Avenue (Trustee Weidenfeld) D. 0-2016-51 Ordinance Amending Chapter 5.20 - Liquor Controls, of the Buffalo Grove Municipal Code (President Sussman) E. 0-2016-52 Ordinance Amending Chapter 5.20, Liquor Controls, of the Buffalo Grove Municipal Code (President Sussman) 10. Unfinished Business 11. New Business A. Refer Woodman's and Shorewood Development Group's Petition to the November 2, 2016 Planning & Zoning Commission Meeting (Trustee Berman) 12. Questions From the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 13. Adjournment 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 459-2525 to allow the Village to make reasonable accommodations for those persons. 2.A MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, SEPTEMBER 19, 2016 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Weidenfeld and Johnson. Trustee Ottenheimer was absent. U) d Also present were: Deputy Village Manager Jennifer Maltas; William Raysa, Village Attorney; Jeff Stein, 3 Assistant Village Attorney; Scott Anderson, Director of Finance; Art Malinowski, Human Resource Director; Evan Michel, Management Analyst; Christopher Stilling, Director of Community Development; Brett Robinson, Director of Purchasing; Mike Reynolds, Director of Public Works; Darren Monico, Village C Engineer; Geoff Tollefson, Director of Golf Operations; Police Chief Casstevens; Deputy Police Chief j Bethge; Deputy Police Chief Szos; and Fire Chief Baker. a a APPROVAL OF MINUTES Q Moved by Bennan, seconded by Stein, to approve the minutes of the August 15, 2016 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 — Berman, Trilling, Stein, Johnson NAYS: 0 — None ABSTAIN: 1 — Weidenfeld ABSENT: 1 — Ottenheimer Motion declared carried. Moved by Johnson, seconded by Stein, to approve the minutes of the September 12, 2016 Committee of the Whole Meeting. Upon roll call, Trustees voted as follows: AYES: 4 — Berman, Trilling, Stein, Johnson NAYS: 0 — None ABSTAIN: 1 — Weidenfeld ABSENT: 1 — Ottenheimer Motion declared carried. WARRANT #1267 Mr. Anderson read Warrant #1267. Moved by Berman, seconded by Johnson, to approve Warrant #1267 in the amount of $6,674,147.35, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Trilling, Stein, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1 — Ottenheimer Motion declared carried. VILLAGE PRESIDENT'S REPORT Chief Baker reviewed the decisions to no longer have commissioners as part of the Emergency Management Agency. The Chief noted that every one of the current EMA Commissioners has at least 30 years of service, and he believes they need to be recognized. Those honored for their long-standing service Packet Pg. 4 2.A to the Village of Buffalo Grove are: David Morton, Paul Zucker, Bruce Diamond and Roger Remblake. Chief Baker then read the plaques as he and Trustee Johnson presented the plaques to the Commissioners as they, as well as all the members of the EMA, were congratulated and thanked by the audience and the Board, Paulette Greenberg and J. V. Springman, co-chairs of the Buffalo Grove Days Committee, reported on the 2016 festival, noting that the move to the new location proved to be very successful. They thanked everyone who contributed to that success and to everyone associated with the Village and the Park District for their support. President Sussman thanked the committee and everyone for all of their hard work and dedication to making a fun event for our residents. President Sussman read a Proclamation declaring the week of September 19-23, 2016 as Employee Appreciation Week in the Village of Buffalo Grove, and recognized the dedication and talents of our public employees, as well as the value of the services they render at all levels. President Sussman noted that she recently attended a dinner welcoming a Mayor and her delegation from Korea. VILLAGE MANAGER'S REPORT Lieutenant Eisenmenger introduced the new social worker for the Buffalo Grove Police Department, Brittany Wilson. Lieutenant Eisenmenger reviewed Ms. Wilson's credentials and explained how she will be an asset to our Crisis Intervention Team. Ms. Wilson noted how honored she is to have been chosen for this position. Bruce Kahn, Chairman of the Fire & Police Commission, reviewed the credentials of the two new members of the Buffalo Grove Police Department, Officer Andrew Rygiel and Officer Nicole Gaborek, after which he administered the Oath of Office to them as they were congratulated by the audience and the Board. TRUSTEE REPORTS Trustee Weidenfeld reported on the Electronics Recycling and Document Destruction event held on September 10, 2016 and thanked everyone involved in making the event a success. Trustee Berman commented on the Lake Cook Road construction project currently taking place, and he asked staff to contact the Cook County Highway Department for an update on the project. The Village Clerk noted that the last day to register to vote in the November 8, 2016 General Election is Tuesday, October 11, 2016, and also noted that election judges are needed in both counties. The Village Clerk also noted that, beginning tomorrow, petitions will be circulated for three Trustee positions that will be filled in the April 4, 2017 Consolidated Election. CONSENT AGENDA President Sussman explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Ordinance No. 2016-43 — Liquor Controls Motion to pass Ordinance No. 2016-43, amending Chapter 5.20 Liquor Controls, to reserve a Class A Liquor License for La Presa Restaurant, Inc. and to rescind the Class A Liquor License for Rito's Mexican Grille and Cantina, Inc. U) d c 0 �a 0 i Q a Q Packet Pg. 5 2.A Resolution No. 2016-21— Closed Session Minutes Motion to pass Resolution No. 2016-21, relating to the Semi -Annual Review of Closed Session Minutes. Gewalt Hamilton Associates, Inc. Motion to execute an Agreement with Gewalt Hamilton Associates, Inc. for the 2017 Street Improvement Project Design. Bid Various Proiects Motion to authorize bid or seek competitive proposals for the various Fiscal Year 2017 projects as further detailed in Mr. Robinson's memo to Mr. Bragg of September 9, 2016. U) d Arrow Road Construction 3 c Motion to approve a $210,971.82 Change Order in additional quantities to a new contract amount of $4,678,554.11 for Arrow Road Construction. C �a Proclamation — Canavan Disease Awareness o a a Motion to approve Proclamation recognizing October as Canavan Disease Awareness Month. Q Leon Gopon, 737 Bernard Drive, commented on his experience with Gewalt Hamilton and their communication during sidewalk work on Estate Drive. Trustee Trilling noted that he greatly objected to the procedure that was just followed. This is the Consent Agenda and it is made for the normal course of business. if an item requires further discussion, it should be removed from the Consent Agenda. Moved by Weidenfeld, seconded by Berman, to approve the Consent Agenda. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Trilling, Stein, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1 — Ottenheimer Motion declared carried. RESOLUTION NO. 2016-22 — HOK, INC. Moved by Berman, seconded by Weidenfeld, to pass Resolution No 2016-22, approving an Agreement with HOK, Inc for Professional Planning Services in an amount not to exceed $249,990.00 for the Lake Cook Corridor Market Study and Plan, in accordance with materials contained in Board packets. Mr. Stilling reviewed the proposed resolution, details of which are contained in the memo from him and Mr. Robinson to Mr. Bragg of September 19, 2016. Domenic Salpietra, Regional Practice Leader for Planning and Urban Design for HOK, presented further background on their team and their scope of services. Mr. Salpietra first thanked the Board for the chance to introduce the team and to show their approach to this exciting opportunity, and he thanked Mr. Stilling, Mr. Robinson and Mrs. Woods for working with them to arrive at what they believe is a great outcome. Members of the team are Christian Beaudoin, Director of Research for JLL; Janet Henderson, Images, Inc.; Michael Mondus, Executive Vice President of SPACECO; and Eric Russell, KLOA, Traffic Engineering Transportation Planning Firm. Members of the team then elaborated on their particular portion of the proposal, after which they answered questions from the Board. Packet Pg. 6 2.A Mr. Raysa confirmed that he has reviewed the draft agreement and it has his approval. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Trilling, Stein, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1 — Ottenheimer Motion declared carried. PLAT OF SUBDIVISION APPROVAL - MJK Mr. Monico reviewed the proposed approval for Plat of Subdivision for the subject property. Moved by Trilling, seconded by Berman, to approve Plat of Subdivision for the MJK Development located at 800-808 S. Milwaukee Avenue. Mr. Raysa noted that the motion should include "subject to Village Attorney approval". Trustees Trilling and Berman amended the motion to include "subject to Village Attorney approval". Upon roll call, Trustees voted on the amended motion as follows: AYES: 5 — Berman, Trilling, Stein, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1 — Ottenheimer Motion declared carried. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers, and asked if there were any questions from the audience on items not on tonight's agenda. Mr. Raysa acknowledged the departure of his friend and associate, Jeff Stein, noting what an asset Mr. Stein has been to him and noted that he will be missed. EXECUTIVE MEETING Moved by Weidenfeld, seconded by Stein, to move to Executive Session for the purpose of discussion on Collective Negotiating Matters Between the Public Body and its Employees or their Representatives, or Deliberations concerning Salary Schedules for one or more classes of employees, pursuant to Section 2(c)(2) of the Illinois Open Meetings Act, and Litigation, when an action against, affecting or on behalf of the Particular Public Body has been filed and is Pending before a Court or Administrative Tribunal, or when the Public Body finds that an action is Probable or Imminent, in which case the Basis for the Finding shall be Recorded and Entered into the Minutes of the Closed Meeting, pursuant to Section 2(c)(I1) of the Illinois Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Trilling, Stein, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1 — Ottenheimer Motion declared carried. The Board moved to Executive Session from 8:58 P.M. until 9:12 P.M. ADJOURNMENT d c 0 �a 0 i Q a Q Packet Pg. 7 2.A Moved by Trilling, seconded by Ottenheimer, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:14 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 17"h DAY OF October 2016 Village President U) d c 0 �a 0 i Q Q Q Packet Pg. 8 3.A Action Item : Approval of Warrant #1268 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends approval of Warrant #1268 which totals $4,525,702.31. ATTACHMENTS: • W#1268 Summary (PDF) Trustee Liaison Johnson Monday, October 17, 2016 Staff Contact Scott Anderson, Finance Updated: 10/12/2016 5:32 PM Page 1 Packet Pg. 9 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1268 17-Oct-16 General Fund: 640,787.20 Parking Lot Fund: 125,347.97 Motor Fuel Tax Fund: 1,071,319.81 Debt Service Fund: 671.25 School & Park Donations 0.00 Capital Projects -Facilities: 12,364.12 Capital Projects -Streets: 0.00 Health Insurance Fund: 0.00 w N *k Facilities Development Debt Service Fund: 0.00 �a L Retiree Health Savings (RHS): 33,799.59 L Water Fund: 283,447.92 ~ Buffalo Grove Golf Fund: 62,718.69 �a E Arboretum Golf Fund: 135,819.96 E Refuse Service Fund: 56,623.09 co N Information Technology Internal Service Fund: 99,730.17 Central Garage Internal Service Fund: 31,190.18 c E s U Building Maintenance Internal Service Fund: 64,422.40 2,618,242.35 a PAYROLL PERIOD ENDING 09/22/16 986,290.16 PAYROLL PERIOD ENDING 10/06/16 921,169.80 1,907,459.96 TOTAL WARRANT #1268 4,525,702.31 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 10 4.A Information Item : Monday October 31, 2016 - Trick or Treat Day in Buffalo Grove ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Monday, October 31, 2016 from the hours of 2:00 PM to 8:00 PM is established as Trick or Treat Day in Buffalo Grove. ATTACHMENTS: • TorT Proc16 (DOC) Trustee Liaison Sussman Monday, October 17, 2016 Staff Contact Steven Casstevens, Police Updated: 10/11/2016 10:55 AM Page 1 Packet Pg. 11 4.A.a r 11111". Ur n�f";°t" ItBit�laaI611` "I '4 l,y r f !t , .i )"Itl Village of Buffalo Grove Monday, October 31, 2016 - Trick or Treat Day in Buffalo Grove WHEREAS, the children of Buffalo Grove are entitled to the fun and festivity associated with the observance of the Halloween "Trick or Treat" custom - going from door to door in the immediate neighborhood, displaying their costumes and requesting "treats", and WHEREAS, there is increased possibility of accidents due to the general carefree spirit of children at this particular time and when costumes and masks may make them indistinguishable in the darkness; and, WHEREAS, the late afternoon and early evening schedule is more conducive to the participation to the younger children, for whom the observance was originally intended, NOW, THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove do hereby proclaim that Monday, October 31, 2016 shall be known as TRICK -OR TREAT DAY in Buffalo Grove between the hours of 2:00 pm and 8:00 pm. I also ask that young children be accompanied by parents or other responsible adults. I further request that householders indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted. Because there have been incidents of children receiving and consuming articles of food or candy that have been tampered with, it is the recommendation of this office that parents supervise closely so that children do not consume any "treats" until closely examined. It is further advised that everyone follow the rule "if in doubt — throw it out" where any evidence of tampering with packaging or surfaces of consumable products exists. I encourage the cooperation of all citizens, young and old, in making this a happy and safe occasion for children. Dated this 17th Day of October, 2016 Beverly Sussman, Village President T r ti 0 L a FZ L 0 c d E s U ca El Packet Pg. 12 4.B Information Item : 2016 National Breast Cancer Awareness Month ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. October is National Breast Cancer Awareness Month. ATTACHMENTS: BC Proc (DOC) Trustee Liaison Sussman Monday, October 17, 2016 Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/13/2016 12:33 PM Page 1 Packet Pg. 13 4.B.a �r '4 l,y r f !t (, .i )"I l Village of Buffalo Grove 2016 National Breast Cancer Awareness Month WHEREAS, October is National Breast Cancer Awareness Month; and WHEREAS, breast cancer is the second most common cancer among women; and WHEREAS, breast cancer is the second leading cause of cancer death in women, after lung cancer; and WHEREAS, the chance of developing invasive breast cancer at some time in a woman's life is about 1 in 8; and WHEREAS, more than 200,000 new cases of female breast cancer will be diagnosed in 2016; and WHEREAS, nearly 1 of every 2 women newly diagnosed with breast cancer reaches out to the American Cancer Society for help and support; and WHEREAS, death rates from breast cancer have been declining, and this change is c believed to be the result of earlier detection and improved treatment; and a U m NOW, THEREFORE, I Beverly Sussman, President of the Village of Buffalo Grove, Illinois, do hereby proclaim the month of October 2016 as BREAST CANCER £ AWARENESS MONTH and encourage Village residents to support fund-raising efforts for enhanced research and support programs. a Beverly Sussman, Village President DATED THIS 17th DAY OF OCTOBER 2016 Packet Pg. 14 6.A Action Item : Public Hearing for an Amendment to the Berenesa Plaza Annexation Agreement to Allow for a New Commercial Development on the 25 Acre Property at the Northwest and Southwest Corners of Milwaukee Avenue (Request to Continue to December 5, 2016 Village Board Meeting) ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends that the Village Board open the public hearing. The Public hearing shall then be continued to the December 5, 2016 Village Board Meeting. Shorewood Development Group (SDG) is the contract purchaser of the 25 acre property located at the northwest corner and the southwest corner of Milwaukee Avenue and Deerfield Parkway commonly referred to as the Berenesa Plaza Property. SDG currently has an agreement with Woodman's Food Markets (Woodman's) allowing them to acquire approximately 20 acres of the parcel to develop a 242,000 square foot Grocery Store located on the northwest corner of the intersection. Subsequent to the PZC public hearing and recommendation, the petitioners have requested changes to the site plan requiring additional review by the PZC. ATTACHMENTS: • BOT Memo (DOCX) Trustee Liaison Berman Monday, October 17, 2016 Staff Contact Chris Stilling, Community Development Updated: 10/13/2016 12:37 PM Page 1 Packet Pg. 15 6.A.a VILLACE",, OF DATE: October 13, 2016 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Public Hearing: Request to Continue the Public Hearing for an Amendment to the Berenesa Plaza Annexation Agreement to the December 5, 2016 Village Board Meeting BACKGROUND Shorewood Development Group (SDG) is the contract purchaser of the 25 acre property located at the northwest corner and the southwest corner of Milwaukee Avenue and Deerfield Parkway commonly referred to as the Berenesa Plaza Property. SDG currently has an agreement with Woodman's Food Markets (Woodman's) allowing them to acquire approximately 20 acres of the parcel to develop a 242,000 square foot Grocery Store located on the northwest corner of the intersection. On September 21, 2016, the Planning & Zoning Commission held a public hearing to consider the necessary zoning approvals for the project. Ultimately, the PZC unanimously recommended approval of the proposed project. Subsequent to the PZC public hearing and recommendation, the petitioners have requested changes to the site plan by relocating the carwash, quick lube and gas station to the parcel on the north side of Deerfield Parkway. Due to the substantial change in the plans, the project requires a referral back to the PZC for further review and consideration. As a result, the public hearing for the amendment to the annexation agreement requires a continuance to the December 5, 2016 Village Board meeting. RECOMMENDATION Staff recommends that the Village Board open the public hearing. The public hearing shall then be continued to the December 5, 2016 Village Board Meeting. Page 1 of 1 Packet Pg. 16 s.6 Action Item : Public Hearing for an Amendment to the Annexation Agreement for Speedway at 201 Milwaukee Avenue to Allow for a 350 Square Foot Building Addition ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action The Village Board should open the public hearing and take testimony concerning the amendment to the annexation agreement. Once all testimony has been received and the Village Board has discussed the terms of the amended agreement, the public hearing can be continued until the zoning matters have been discussed. Staff recommends that the Village Board approve the amended agreement. In 1993, the Village approved Ordinance No. 93-43 allowing for the annexation and construction of a new Speedway gas station at 201 N Milwaukee Avenue. The terms of the annexation agreement were for 25 years or until 2018. Staff has recently been approached by Speedway who is seeking approval for a 327 square foot addition to the existing building to allow for additional beer coolers. Since the original annexation agreement did not contemplate the proposed addition, an amendment is required. ATTACHMENTS: • BOT Memo (DOCX) • Final Draft Annex Amend 10.4.15 • Exhibit B Site Plan (PDF) • Exhibit C Elevations (PDF) • Original Agreement 1993-43 (PDF) Trustee Liaison Weidenfeld Monday, October 17, 2016 (DOC) Staff Contact Chris Stilling, Community Development Updated: 10/11/2016 3:52 PM Page 1 Packet Pg. 17 6.B.a DATE: TO: FROM: SUBJECT October 12, 2016 President Beverly Sussman and Trustees Christopher Stilling, Director of Community Development Public Hearing: Consider an Amendment to the Existing Annexation Agreement Ordinance No. 93-43 for Speedway Located at 201 N Milwaukee Avenue BACKGROUND In 1993, the Village approved Ordinance No. 93-43 allowing for the annexation and construction of a new Speedway gas station at 201 N Milwaukee Avenue. The terms of the annexation agreement were for 25 years or until 2018. Staff has recently been approached by Speedway who is seeking approval for an approximately 350 square foot addition to the existing building to allow for additional beer coolers. Since the original annexation agreement did not contemplate the proposed addition, an amendment is required. STAFF ANALYSIS The existing Speedway is approximately 3,335 square feet in area. The owners are proposing to construct an approximately 350 square foot addition to the east side of the existing building to accommodate additional coolers for the sale of beer. The proposed addition would meet all zoning requirements however since the original annexation agreement did not contemplate the proposed addition, the amendment is required. RECOMMENDATION The Village Board should open the public hearing and take testimony concerning the amendment to the annexation agreement. Once all testimony has been received and the Village Board has discussed the terms of the amended agreement, the public hearing can be continued until the zoning matters have been discussed. Staff recommends that the Village Board approve the amended agreement. Page 1 of 1 Packet Pg. 18 6.B.b FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, ILLINOIS This agreement ("First Amendment") is made and entered into as of this 17th day of October, 2016 by and between the Village of Buffalo Grove ("Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and Speedway LLC, a Delaware limited liability company and successor -by -merger to Emro Marketing Company ("Owner") WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, the Village entered into an Annexation Agreement approved June 7, 1993 with Emro Marketing Company which was approved by Village Ordinance No. 93-43 (hereinafter referred to as the "Original Agreement") for the real property ("Property") legally described in EXHIBIT A hereto; and, WHEREAS, Owner is the owner of a certain tract of property ("Property") comprising 1.9 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, known as 201 N Milwaukee Avenue; and, WHEREAS, Owner has requested approval of an amendment to the original Preliminary Plan to build a 350 square foot addition as depicted on EXHIBIT B and EXHIBIT C and made a part hereof, and, WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 IL,CS 5111-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule Powers, a proposed First Amendment to the Original Agreement for a revised Preliminary Plan was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that an amendment to the Original Agreement ("First Amendment") approving the preliminary plan request for the Property would serve the best interests of the Village; and, Packet Pg. 19 6.B.b WHEREAS, the following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the President and Board of Trustees prior to the execution of this First Amendment, are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBIT A Legal Description EXHIBIT B Site Plan (1 page) EXHIBIT C Building Elevations (1 page) NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. The preceding Whereas clauses are incorporated herein. 2. That certain Annexation Agreement dated June 7, 1993 approved by Ordinance No. 93-43 is hereby amended to allow the construction on the Property of an addition to the existing building as depicted in EXHIBIT B and EXHIBIT C. 3. All references, conditions and obligations to the Property in the Original Agreement not otherwise amended by this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Corporate Authorities and Owner 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. ATTEST: 13 VILLAGE CLERK VILLAGE OF BUFFALO GROVE By BEVERLY SUSSMAN, Village President 2 Packet Pg. 20 6.B.b This document prepared by: Christopher Stilling Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, Illinois 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 SPEEDWAY LLC, A DELAWARE LIMITED LIABILITY COMPANY LM Gregory S. Whitman, Director of Real Estate and Operations Planning #675890 3 Packet Pg. 21 6.B.b Parcel 1 Parcel 2 Parcel 3 Parcel 4 EXHIBIT A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS Legal Description Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens, being a Subdivision of Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof, recorded July 10, 1926 as Document 282352, in Book "P" of Plats, page 92 in Lake County, Illinois. The Westerly '/z of the alley Easterly and adjoining Lot 21 in Block 3, and the Easterly half of the Alley Westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian Gardens aforesaid, vacated by the instrument recorded April 3, 1978 as Document 1907357 in Lake County, Illinois. Lots 14, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 in Block 3 in Unit 2 of Columbian Gardens, being a Subdivision in Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof, recorded July 10, 1926, as Document 282352, in Book "P" of Plats, page 92, in Lake County, Illinois. The South Westerly half of vacated alley lying North Easterly and adjoining Lots 14 to 20, both inclusive, in Parcel 1, and the North Easterly half of the vacated alley lying South Westerly and adjoining Lots 23 and 24, and that part lying South Westerly and adjoining and accruing Lot 25, Parcel 1, vacated by the Instrument recorded April 28, 1978, as Document 1913494, in Lake County, Illinois; and to the far side of any adjacent unincorporated highway. PARCEL INDEX NUMBER: 15-35-402-111 SUBJECT PROPERTY COMMON ADDRESS: 201 N Milwaukee Avenue Buffalo Grove, IL 60089 E Packet Pg. 22 6.B.b EXHIBIT B FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS Site Plan 5 Packet Pg. 23 6.B.b EXHIBIT C FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS Building Elevations I Packet Pg. 24 I■I1+1J R I '3AOb0 OIV�JA9 A1Nf100 DVtl 3AN 33NnymiiI'j N 10Z 1D3f Hd 13001NAH NVId iMd UJ U !' �� € as e an MI 0111 H,$ r� 's e a pgo $ J a� a" "ga� $ c a J le m m 31 '3AOb0 OIV3JAO A1Nf10O3NVl rn rn e e e Q Mmp �� sfV 3AH 33Nf1NMlllPl N IUZ 1�3f 021d 130011'321 NOUVA3l3 bONKX3 coo � rn N rn � � _ coo a s g o lil � li ❑ ER s� s� Ea II I II a` �; ap � e R MR R n d sI $ se I 'g I v' II � 8� ❑ V I -7 �R _ xz� III III v g8 oil _€7 = NNI � ZO b w n II II p � w II II II z ' -------------- O yy K +Y 3pR yy 0)1 0 STATE OF ILLINOIS ) COUNTY OF COOK & LAKE ) SS. I, JANET M. SIRABIAN, herebv certify that I am the duly elected, qualified and acting VILLAGE CLERK of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I herebv further certify that the attached is the original of,Ordinance No. 93-43 adopted on the 7th day of June 19 93 , by the Village Board of the Village of Buffalo Grove as shown by the records in my custody. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at said Village, in the County and State aforesaid, this 23rd day of July , 19 93 . Vi11a-�-e C1exk t U . . "�"—�" .. �i� ..ta. •Ise t rTri.� By— A6puty„ ViT1a,Clerk " VILLAGE OF gUFMC 50 jj.. + e.A: 04JfFAL-0 GROvE 1i'Lltir�i , /;, Packet Pg. 27 0 N 3 a� a c d d L a� Q c 0 x m c c Q a� s 0 c m E c m Q a M L W aM r- d 2 0 a. ca 0 ti M M rn rn c d Q �a c T i 0 C G1 E t V a 6/4/93 ORDINANCE NO. 93- 43 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT Speedway Service Station, 923 N. Milwaukee Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning 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 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 Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. 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:- _S - Marienthal, Kahn, Braiman Hendricks President Mathias NAYES : 0 - None ABSENT: 2 - Reid, Rubin PASSED: June 7, 1993 APPROVED: June 7. 1993 ATTEST: APPROWD: President 3372021 Packet Pg. 28 E Q c ,617/9':3 SPEEDWAY SERVICE STATION 923 N. Milwaukee Avenue TABLE OF CONTENTS 1. Applicable Law ................................................... 2 2. Agreement: Compliance and Validity ............................... 2 3. Enactment of Annexation Ordinance ................................ 2 4. Enactment of Zoning Ordinance .................................... 3 5. Approval of Plans ................................................ 3 6. Compliance with Applicable Ordinances ............................ 3 7. Amendment of Plan ................................................ 3 8. Building Permit Fees ............................................. 4 9. Water Provision .................................................. 4 10. Storm and Sanitary Sewer Provisions .............................. 4 11. Drainage Provisions .............................................. 5 `j 12. Security for Public and Private Site Improvements ................ 5 13. Exhibits......................................................... 6 14. Annexation Fee ................................................... 6 15. Building, Landscaping and Aesthetics Plans ....................... 6 16. Facilitation of Development ...................................... 6 17. Enforceability of the Agreement .................................. 6 18. Term of Agreement ................................................ 7 19. Binding Effect of Agreement ...................................... 7 20. Corporate Capacities ............................................. 7 21. Notices.......................................................... 7 22. Default.......................................................... 7 23. Litigation....................................................... 8 24. Special Conditions ............................................... 8 33'72021 Packet Pg. 29 SPEEDWAY SERVICE STATION 923 N. Milwaukee Avenue ANNEXATION AGREEMENT Location Map 33'72021 Packet Pg. 30 U 6/7/93 SPEEDWAY SERVICE STATION 923 Milwaukee Avenue Annexation Agreement This agreement (hereinafter referred to as the "Agreement") made and entered into this 7th day of June, 1993, 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 Emro Marketing Company, a Delaware Corporation, (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 1.9 acres legally described and identified in the Legal Description, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof and which real estate is contiguous to the �.J corporate limits of the Village; and, WHEREAS, Speedway/ Starvin Marvin is the lessee of the Property under a lease expiring December 10, 2017; and, WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a total area of 3.2 acres to be annexed; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the B-3 Planned Business Center District of the Village Zoning Ordinance to maintain the existing use of the Property in accordance with and pursuant to a certain Preliminary Plan including engineering prepared by Emro Marketing Company and dated as last revised April 13, 1993, (hereinafter referred to as the "Preliminary Plan") a copy of which Preliminary Plan is attached hereto as EXHIBIT C incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said use of the Property shall consist of an automobile service station including a mini -mart for retail sales and food service. WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's Home Rule Powers, a proposed 1 33'72021 Packet Pg. 31 " Annexation Agreement was submitted to the Corporate Authorities and a public c hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission 3 of the Village has held a public hearing and made their recommendations with respect to the requested zoning classification of B-3 District; and, a 0 WHEREAS, the President and Board of Trustees after due and careful L consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth L would further enable the Village to control the development of the area and a� Q would serve the best interests of the Village. c ° NOW, THEREFORE, in consideration of the premises, mutual covenants and c agreements herein set forth, the parties hereto agree as follows: a 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/11-15.1-1 et. seq., of the Illinois 0 Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may 0 have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. a 2. Agreement: Compliance and Validity. The Owner has filed with the L Village Clerk of the Village a proper petition pursuant to and in accordance with provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois � Compiled Statutes 1992) and as the same may have been modified by the Village's = Home Rule powers, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex the a. Property to the Village. It is understood and agreed that this Agreement in its CD entirety, together with the aforesaid petition for annexation, shall be null, void v and of no force and effect unless the Property is validly annexed to the Village M M and is validly zoned and classified in the B-3 District, all as contemplated in this Agreement. E 3. Enactment of Annexation Ordinance. The Corporate Authorities within L twenty-one (21) days of the execution of this Agreement by the Village will a enact a valid and binding ordinance (hereinafter referred to as the "Annexation c Ordinance") annexing the Property to the Village. Said Annexation Ordinance O shall be recorded with the Lake County Recorder's Office along ti ith the Plat of Annexation (attached hereto as EXHIBIT B). Recording shall take place no more E than thirty (30) days after enactment of Annexation Ordinance. t U a 2 ,71 3372021 Packet Pg. 32 4. Enactment of Zoning Ordinance. Within twenty-one (21 ) days after the c passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning the Property in the B-3 District 3 subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall cn L be further conditioned on the use of the Property in accordance with the ° Preliminary Plan (EXHIBIT C) and other exhibits attached hereto or incorporated c ° E by reference herein. L 5. Approval of Plans. The Corporate Authorities hereby approve the Q Preliminary Plan (EXHIBIT C) pursuant to the provisions of the Development ° Ordinance. The Corporate Authorities agree to approve a Development Plan based on final versions of the plans and drawings of the development of the c a Property as submitted by the Owner provided that the Development Plan shall: (a) conform to the approved Preliminary Plan, and ° (b) conform to the terms of this Agreement and all applicable Village E Ordinances as amended from time to time. c 6. Compliance with Applicable Ordinances. The Owner agrees to comply ° E Q with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, ° amendments, rules and regulations relating to zoning, building and subdivision a� L of land adopted after the date of this Agreement shall not be arbitrarily or = discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Owner, in the a development of the Property, shall comply with the standards set forth in the c Village of Buffalo Grove Development Ordinance as amended from time to time. 7. Amendment of Plan. If the Owner desires to make changes in the Preliminary Plan, as herein approved, the parties agree that such changes in the M Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to m a the Preliminary Plan. The Corporate Authorities may, at their sole discretion, Ta c require additional public hearings and may review the commitments of record T i contained in this Agreement, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is c d E hereby authorized to approve such minor changes as he deems appropriate, U a 3 3372021. Packet Pg. 33 6.B.e provided that no such changes --(a) involves a reduction of the area set aside c for common open space; nor (b) increases by more than two percent (2%) the floor area proposed for nonresidential use; nor (c) increases by more than two 3 percent (2%) the total ground area covered by buildings. 8. Building Permit Fees. The building permit fees may be increased from cW time to time so long as said permit fees are applied consistently to all other L ° developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters L subject to this Agreement, the Village reserves the right to pass along any and Q all additional expenses incurred by the use of consultants in the review and c ° inspection of the development from time to time. Owner shall pay any CD non-discriminatory new or additional fees hereinafter charged by the Village to c a Owner or property within the Village. 9. Water Provision. The Owner shall be permitted and agrees to tap on ° to the Village water system at points recommended by the Village Engineer which E points to the extent shown on EXHIBIT C are hereby approved by the Village. It is understood, however, that changes to the Preliminary Engineering Plan may E be required at the time of Final Engineering. The Owner further agrees to pay 'e o to the Village such fees in accordance with the applicable Village Ordinances at L the time of the issuance of the water and sewer permits. The Owner agrees to L accept any increase in water rates and tap on fees provided such rates and fees = apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability a and in a non-discriminatory manner water service to all users on the Property in CD accordance with the Preliminary Plan. Watermains serving the Property and v those approved as part of the development shall be installed by the Owner and, M except for service connections to the buildings shall, upon installation and M acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water m L system maintained by the Village. a 10. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Owner and to O use their best efforts to aid Owner in obtaining such permits from Governmental agencies having jurisdiction as may he necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the t U collection of sewage as may be appropriate. The Owner shall construct on -site Q 4 33 72021 1 Packet Pg. 34 and off -site sanitary sewers as may be necessary to service the Property, as per ( EXHIBIT C. It is understood, however, that changes to the Preliminary �✓ Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible B. The Owner shall also construct on the Property in question any storm sewers which may be necessary to service the Property in the future. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 11. Drainage Provisions. The Owner shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Owner shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 5 33T2021 Packet Pg. 35 6.B.e 13. Exhibits. The following EXHIBITS, some of which were presented in c testimony given by the Owner or the witnesses during the hearings held before N the Plan Commission and the Corporate Authorities prior to the execution of this 3 Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, a 0 together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description L EXHIBIT B Plat of Annexation dated March 10, 1993 EXHIBIT C Preliminary Plan dated April 13, 1993 by Emro c Marketing Co. ., EXHIBIT D Landscaping Plan dated March 20, 1993 by Emro X Marketing Co, EXHIBIT E Sign Package a 14. Annexation Fee. Owner agrees to pay an annexation fee of $3,040.00 a� s c 0 which shall be payable at the time that permits are issued for water and sewer c connections. m E 15. Building, Landscaping and Aesthetics Plans. Owner will submit c E landscaping plans (which landscaping plans shall conform to the requirements of a Village Ordinances) for approval by the Appearance Commission and the c o Corporate Authorities. Any modifications to existing signage and outdoor lighting on the Property are subject to Village approval. 16. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of a this Agreement and the development of the Property in the best interests of all CD the parties requires their continued cooperation. The Owner does hereby evidence its intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual interest that may arise, and its rn willingness to assist the Village to the fullest extent possible. The Village does c E hereby evidence its intent to always cooperate in the resolution of mutual CD problems and its willingness to facilitate the development of the Property, as a� a contemplated by the provisions of this Agreement. Ta T 17. Enforceability of the Agreement. This Agreement shall be enforceable O in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provisions Q b 3372021 Packet Pg. 36 6.B.e U shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. �J 18. Term of Agreement. This Agreement will be binding on all parties and the Property until December 31, 2018. This Agreement shall not be assigned without prior written consent of the Village. 19. Binding Effect of Agreement. This Agreement shall be binding upon the Property, the parties hereto and their respective successors and assigns. 20. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 21. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Emro Marketing Company 500 Speedway Drive Enon, Ohio 45323 Copy to: John C. Broihier, Esq. DiLeonardi and Broihier, Ltd. 2700 River Road, Suite 211 Des Plaines, IL 60018 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa 8 Skelton 1140 Lake Street Suite 400 Oak Park, IL 60301 22. Default. In the event Owner defaults, in his performance of his obligations set forth in this Agreement, then the Village, may, upon notice to Owner allow Owner sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said C-11 period. If Owner fails to cure such default or provide such evidence as 7 3372021 Packet Pg. 37 provided above, then, with notice to Owner, the Village may begin proceedings c to disconnect the Property from the Village or at the option of the Village, to rezone the Property to the R-E District classification. In such event, this 3 Agreement shall be considered to be the petition of the Owner to disconnect the Property, or at the option of the Village to rezone such Property to the R-E CL 0 District classification. .° 23. Litigation. A. The Owner, at its cost, shall be responsible for any litigation L which may arise relating to the annexation, zoning and development of the Q Property. Owner shall cooperate with the Village in said litigation but Owner's counsel will have principal responsibility for such litigation. CD B. The Owner shall reimburse the Village for reasonable attorney's c a 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 E the Owner. C C. Owner hereby indemnifies and holds the Village harmless from any 0 a actions or causes of action which may arise as a result of development activities for which the Owner is responsible, w 24. Special Conditions. L A. Owner shall pay a fire protection impact fee of $2,530.00 based on = the rate of $0.75 per gross square foot of the principal building on the Property. Said fee shall be paid at the time that permits are issued for water a and sewer connections. t° 0 ti B. Owner shall provide a six-foot wide easement along the north side of Riverwalk Drive for the construction, maintenance and use of a public M sidewalk/bikepath. Said easement is subject to Village approval, and shall be provided at the time permits are issued for water and sewer connections. The Village of Buffalo Grove shall be responsible for the design, E construction, installation and continuing maintenance of said ;public Q sidewalk/bikepath, E C. Merchandise may be displayed for immediate saie outsicle the O principal building on the Property but said merchandise shall I e kept and displayed only on the existing sidewalk immediateiy surrour,dinq the princ:ioal a� E building and on the existing raised gas pump islands under -Ihl� canopies. Said t displays shall be kept neat and orderly, and shall not cause ar y visual Q B � 3372021 Packet Pg. 38 6.B.e (.1 obstructions or safety hazards on the Property. Merchandise shall not be displayed in c � other locations on the Property outside of the principal building. D. All water wells and septic sewer facilities on the Property shall be 3 properly sealed or filled as required by the Illinois Department of Public Health and as approved by the Village Health Officer. cn E. Signs on the Property shall be permitted to remain in use except L ° that all reader board signs and temporary signs shall be removed within thirty (30) days of the date of this Annexation Agreement, and window signage shall L comply immediately to the Buffalo Grove Sign Code. Q Existing signs that do not comply with the Buffalo Grove Sign Code c shall be brought into compliance by December 10, 2017. If said existing signs m are damaged, said signs may be repaired if damage does not exceed 95 percent c Q of the value of said signs. s No additional signs will be permitted until all existing signs are in ° compliance with the Buffalo Grove Sign Code. If use of the Property changes to any entity other than the current c Speedway/ Starvin Marvin business, all signs on the Property shall be brought m E Q into compliance with the Buffalo Grove Sign Code upon said change. F. Owner shall apply for a Village business license and certificate of ° occupancy within thirty (30) days of the date of this Agreement. The Property a� 'L is subject to inspection by the Village prior to the issuance of said license and x said certificate of occupancy. 2 G. Owner shall restrict access on the southerly driveway from the a. Property to Milwaukee Avenue to right -in, right -out turns. c H. Within seven (7) days of the date of this Agreement Owner shall file the appropriate registration with the Illinois Department of Revenue to M reflect that the Property is within the Village of Buffalo Grove for sales tax M rn purposes. A copy of said registration shall be forwarded to the Village within said seven day period. aEi m L Q IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused Ta c this instrument to be executed by their respective proper officials duly T 'i authorized to execute the same on the day and the year first above writ.en. O c a� E t U a 9 Packet Pg. 39 �J 0 N VILLAGE F OF GRlDVE By 3 d a L E OWNER L Q By �*�,�pfCRRt CD CD rs+ O ^C W CD Q W �L d u a m M Z C G) E G1 d L tm El T i O r� C G1 E t V a ° VIM- , 33�2�� Packet Pg. 40 1. 6.B.e SPEEDWAY SERVICE STATION EMIBIT A LEGAL DESCR122I0N Emro Marketing Company Buffalo Grove Annexation Parcel 1 Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens, being a Subdivision of Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof, recorded July 10, 1926 as Document 282352, in Book "P" of Plats, page 92 in Lake County, Illinois. Parcel 2 The Westerly 1/2 of the alley Easterly and adjoining Lot 21 in Block 3, and the Easterly half of the Alley Westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian Gardens aforesaid, vacated by the instrument recorded April 3, 1978 as Document 1907357 in Lake County, Illinois. Parcel 3 Lots 14, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 in Block 3 in Unit 2 of Columbian Gardens, being a Subdivision in Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof, recorded July 10, 1926, as Document 282352, in Book "P" of Plats, page 92,-in Lake -County, Illinois. Parcel 4 The South Westerly half of vacated allev lying North Easterly and adjoining Lots 14 to 20, both inclusive, in Parcel 1, and the North Easterly half of the vacated alley lying South Westerly and adjoining Lots 23 and 24, and that part lying South Westerly and adjoining and accruing Lot 25, Parcel 1, yacated by the Instrument recorded April 28, 1978, as Document 1913494, in Lake County, Illinois; and to the far side of any adjacent unincorporated highway. 3372021 Packet Pg. 41 8.A Information Item : Proclamation Declaring November as Native American Heritage Month ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends proclamation. SUMMARY: The Village recognizes November as Native American Heritage Month. ATTACHMENTS: • Native American Heritage Month Trustee Liaison Sussman Monday, October 17, 2016 (DOCX) Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/12/2016 2:23 PM Page 1 Packet Pg. 42 8.A.a 7 Native American Heritage Month November 2016 WHEREAS, the history and culture of our great nation have been significantly influenced by the indigenous peoples — the first Americans — of North America; and WHEREAS, we recognize their many accomplishments, contributions, and sacrifices, and we pay tribute to their participation in all aspects of American society; and WHEREAS, we celebrate the ancestry and time-honored traditions of American Indians and Alaska Natives in North America; and WHEREAS, they have guided our land stewardship policies, added immeasurably to our cultural heritage, and demonstrated courage in the face of adversity; and WHEREAS, their native languages have also played a pivotal role on the battlefield when, during World Wars I and II, Native American code talkers developed unbreakable codes to communicate military messages that saved countless lives; NOW, THEREFORE, I, Village President of the Village of Buffalo Grove, do hereby proclaim the month of November 2016 as Native American Heritage Month in the Village of Buffalo Grove. Proclaimed this 17th day of October 2016. Village President Packet Pg. 43 8.B Action Item : Security Camera Enhancements at the Police Department ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff has followed the Request for Proposal formal procurement process in selecting Esscoe as the contractor for this project. As not all of the elements of this project can be considered to be Professional Services, staff recommends that the Village Board waive bids and authorize the award of a contract to Esscoe, LLC for the Security Camera Enhancement project in an amount not to exceed $69,786.00. ATTACHMENTS: • Memo - Police Security Cam (DOCX) • SecCam Scoring (PDF) • BG Police Equipment List (PDF) Trustee Liaison Trilling Monday, October 17, 2016 Staff Contact Brett Robinson, Finance Updated: 10/12/2016 3:22 PM Page 1 Packet Pg. 44 8.B.a VILLAGE OF BUFFALO 101j," DATE: October 7, 2016 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Tom Nugent, Lieutenant SUBJECT: Police Department Security Camera Enhancements BACKGROUND is The current security camera system was originally installed in 2002. The existing system consists primarily of 22 cameras and a RapidEye digital recording system. The Village has had a need to replace the Honeywell system due to the age of the system and the difficulty with maintaining, repairing and integrating with newer systems. In 2012, the Village invested substantial funds in making enhancements to security cameras in other locations. At that time the Village selected Genetec as our security platform and has opted to expand that system to include the aforementioned security camera enhancements. Staff sought proposals for security camera enhancements in August and received five responses. Those responses were evaluated by staff and two companies were brought in to provide further information on their respective proposals. Staff negotiated with both companies in an effort to receive the best possible pricing for the proposed work. Esscoe stood out as having an excellent grasp on the project overall, understanding of the current system structure, as well as having the ability integrate with, and upgrade the existing camera system to a single version. Esscoe will replace the existing cabling, cameras, software, and computer hardware at the police station with an entirely new system as well as integrating all of the new hardware with our existing security cameras at pump station facilities that were replaced in 2012. RECOMMENDATION Staff has followed the Request for Proposal formal procurement process in selecting Esscoe as the contractor for this project. As not all of the elements of this project can be considered to be Professional Services as defined by section 2.08.040 section I. of the Buffalo Grove Municipal code, staff recommends that the Village Board waive bids and authorize the award of a contract to Esscoe, LLC for the Security Camera Enhancement project in an amount not to exceed $69,786.00. ATTACHMENTS RFP Evaluation Summary including negotiated pricing New Equipment List Packet Pg. 45 8.B.b RFP Evaluation 1-5 Computer Power Systems IPVm- Pe tegra JJ Ativantage Security Camera Enhancements RFP Response Evaluation. Weight Reviewer 1 Reviewer 2 Reviewer 3 Weighted Average Average Avg Combined Score Possible Total Percent of Total Total Points 1 4 3 4 3.67 Experience/Reference 23.00 30.00 0.77 23.00 1 4 3 5 4.00 10.33 15.00 0.69 10.33 1 2 4 4 3.33 77M, rlllllf� 1 4 2 0 2.00 18.33 30.00 0.61 1833 2 5 5 5 10.00 3 4 4 3.67 Interview Selection Based upon RFP Evaluation Subtotal 5 3 4 4.00 Proposed Cost $76,303.83 23.00 25.00 1.00 25.00 3 2 3 2.67 Rev Cost $70,890.00 ITotal 11s 3 3 5 3,67 4 3 5 4.00 3 4 3 3.33 3 3 4 3.33 0 2 4 2.00 0 3 3 2.00 51.67 3 4 4 3.67 Experience/Reference 4 4 5 4.33 4 3 3 3.67MMM4 4 0 2.67 5 5 5 10.00 3 4 4 3.67 5 4 4 4.33 Proposed Cost $73,176.00 3 4 5 4.00 Rev Cost $69,786.00 3 4 5 4.00 4 4 5 4.33 3 4 4 3.67 3 4 5 4.00 0 4 5 3.00 0 4 4 2.67 57.67 0 4 0 1.33 Experience/Reference 0 3 0 1.00 Mmrlml 0 4 0 1.33 5 5 5 10.00 0 4 0 1.33 0 4 0 1.33 Proposed Cost $ 56,448.17 0 4 0 1.33 Proposal did not take into 0 4 0 1.33 account Prevailing Wage Rates 1 0 4 0 1.33 0 4 0 1.33 0 4 0 1.33 0 4 0 1.33 0 4 0 1.33 26.67 3 0 3 2.00 Experience/Reference 4 0 5 3.00 5 0 5 3.33M MMIRM1111 4 0 0 1.33 5 5 0 6.67 3 0 4 2.33 5 0 4 3.00 Proposed Cost $58,665.82 5 0 5 3.33 Proposed Hardware did not meet 3 0 5 2.67 minimum specifications 4 0 5 3.00 3 0 5 2.67 5 0 5 3.33 0 0 5 1.67 0 0 4 1.33 39.67 0 0 0 0.00 Experience/Reference 0 0 0 0.00 0 0 0 0.000 TIM,Mel! 0 0 0.0o 0 0 0 0.00 0 0 0 0.00 0 0 0 0.00 Proposed Cost $ 63,411.13 0 0 0 0.00 Proposal was received 2 days late 0 0 0 0.00 and was subtaintialy non -compliant 0 0 0 0.00 0 0 0 0.00 0 0 0 0.00 0 0 0 0.00 0 0 0 0.00 0.00 24.00 30.00 0.80 24.00 12.00 15.00 0.80 12.00 r;IM Interview Selection Based upon RFP Evaluation - Subtotal 25.00 25.00 1.00 25.00 Total 14.67 30.00 0.49 14.67 4.00 15.00 0.27 4.00 8.00 30.00 0.27 8.00 Interview Selection Based upon RFP Evaluation Subtotal 26.67 25.00 25.00 1.00 25.00 Total I.51.671 16.33 30.00 0.54 16.33 8.67 15.00 0.58 8.67 14.67 30.00 0.49 1467 Interview Selection Based upon RFP Evaluation - Subtotal 39.67 25.00 25.00 1.00 25.00 Total I64.67 0.00 30.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 30.00 0.00 0.00 Interview Selection Based upon RFP Evaluation - Subtotal 25.00 25.00 1.00 25.00 Total C �L O U Cn E U Cn i E s ~J Q Packet Pg. 46 8.B.c ILLINOIS LIC. NO.: 127.001301 e s sco ; o�e.. the engineered systems company SECURITY • LIFE SAFETY fA Village of Buffalo Grove Project: Buffalo Grove Police Department C 46 Raupp Blvd Buffalo Grove 0) 60089 Buffalo Grove r_ United States of America s QUOTE # TWMKQ4318-01 w Brett Robinson DATE: Oct 6, 2016 (847) 459-2578 SALESPERSON: Todd Keppy �a v •L ri Systems Proposal O L a This Quote ("Quote") is based on the requirements of Customer as provided in a request for proposal or bid offer ("RFP") and -.is. subject --to-ESSCOE- Terms --ar----� Conditions (4eMs and.. Conditiorrry''-)--attached hereto. Any changes to or deviations from the RFP requested by Customer shall be quoted separately. This M Quote is valid for sixty (60) days from the date issued above, unless the Customer and ESSCOE both execute this document creating a contract ("Agreement 0) m Model . , . CDQTY > 1 GSC-Om-S GSC Omnicast Standard Package which includes: Archiving support, Media Router, Audio, Camera Sequences, Camera M Dewarping, Time Zone, Edge recording, trickling and archive transfer, Keyboard and Joystick Support, Max. 50 cameras, IN � 5 clients, Max. 1 Archiver O 22 GSC-Om-S-1C 1 camera connection N 1 SMA-STANDARD-1Y SMA for 1 Omnicast or Synergis Standard system —1 year G 1 GSC-1SCFED 1 Federated Security Center 4.0 (or higher) Directory connection. Must purchase Omnicast or Synergis Enterprise Package t Q 18 QNV-708OR 4MP outdoor vandal dome network camera , Triple Codec H.265/H.264/MJPEG, Wisestream,2.8—12.Omm motorized varifocal lens, IR, IP66, IK10, PoE/12VDC, 120clB True WDR, Defocus Detection, Hallway View, One way audio and SD card c (SD/SDHC/SDXC up to 128GB). 2 SNV-6084R WiseNet III Network IR Vandal Dome Camera, 2MP, Full HD(1080p), Motorized Simple Focus Lens 2.8x (3-8.5mm), H.264/MJPEG, 120dB WDR, True D/N, SD/SDHC/SDXC, 12VDC/24VAC/PoE, IP66, IK10, Built-in -40°F 24VAC Heater N J 2 SNP-5430H Network PTZ Camera, 1.3MP, HD(720p) 60fps, H.264/MJPEG, Optical Zoom Lens 43x (3.5-150.5mm), 120clB WDR, True C HLC, Auto Tracking, 700°/sec Pan, SD/SDHC/SDXC, 24VAC/PoE+, IP66, IK10, Heater on -587 24VAC or -22°F PoE+, Ana lyti 2 SBP-30OKM Corner Mount Adapter Accessory, use with SBP-30OWM, Ivory Q- .3 2 SBP-30OWM1 Wall Mount Accessory, (SCP-3430H/2430H, SCP-3370TH/3370H, SCP-2370TH/2370H, SCP-3250H/2250H, SCP-3120VH, W SNP-5430H/632OH/6320RH,SNP-520OH/3302H, d SNP-6321H/5321H/SNP-L6233H/L5233H/L6233RHH/SNP-3371TH/3371H,SNP-3120VH, SBP-30OHM/HM2/HM3, v SHP-3701H), Ivory O d 1 WS-C2960S-48FPS Cisco Catalyst 2960S-48FPS-L 48-Port Gigabit Ethernet Switch m 1 BCD215-GEN-R-120-10 E5-262OV3-16GB-DUAL POWER SUPPLY -SERVER 2012 R2-5YR ONSITE WTY - 104TB Aurora 4TB-8 d t 1 BCD-GN-2620-KIT E5-262OV3 PROCESSOR KIT v 1 BCD-GN-16GB-RAM 16GB RAM Upgrade Q 1 BCD-SRV-120SSD-35HD 120GB 3.5" SSD Drive ILLINOIS: 25741 HILLVIEW COURT I MUNDELEIN I IL 60060 WISCONSIN: 1621 RENAISSANCE BOULEVARD I STURTEVANT I WI 53177 MAIN 847/847.3200 1 FAX 847/847.3201 1 www.esscoe.com Packet Pg. 47 8.B.c I BCD-SRV-SVR2012 MICROSOFT SERVER 2012 R2 OPERATING SYSTEM 1 5040SFF Dell 2TB Viewing Workstation 2 XW475A8 HPZR2240W-LCD Display-TFT -WLED-21.5'Widescreen 1 CAD System Design/Drafting Services 1 PM Project Management 1 Technical Service Technical System Service Charge 1 Labor Pull and Trim instalaltion The above pricing includes: Revised changing from Axis to Samsung. For Client: Village of Buffalo Grove Signature of Authorized Representative Brett Robinson PRINTED NAME & TITLE DATE PURCHASE ORDER/CONTRACT NO. SALES TAX: TOTAL: For ESSCOE, L.L.C.: Signature of Sales Representative Todd Keppy PRINTED NAME Thank You For Your Business! $0.00 $69,786.00 J C d E Q W d v O a. C9 m c a� E z U Q ILLINOIS: 25741 HILLVIEW COURT I MUNDELEIN I IL 60060 WISCONSIN: 1621 RENAISSANCE BOULEVARD I STURTEVANT I WI 53177 MAIN 847/847.3200 1 FAX 847/847.3201 1 www.esscoe.com Packet Pg. 48 e�ssOSYS!Rnis�. the engineeu-e company 8.B.c STANDARD TERMS AND CONDITIONS These terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Further, in the event of a conflict between the terms of the Agreement the terms of any Schedule, the terms of this Agreement shall control; provided however, the Parties may mutually agree and expressly or specifically authorize in writing that a particular term or terms of a Schedule shall control m particular term of this Agreement and then only to the extent provided in such Schedule. 1. FEES. Customer shall pay to ESSCOE all billed fees, costs, charges and expenses ("Fees") within thirty (30) days or as detailed in the Quote, these terms and conditions and Schedules with no right of set-off for any claim Customer. Any and all claims shall be addressed separately between the Parties. The Fees set forth herein may be adjusted at any time by mutual written agreement of both Parties. All Fees will be billed and paid in U.S. dollars, or otherwise provided in a Schedule. Customer is responsible for any and all taxes, duties or governmental charges. 2. LATE PAYMENTS. If Customer fails to make payment of the Fees when due, Customer shall pay to ESSCOE a late payment charge at the rate of one and one-half percent (1.5%) per month, or the highest rate allowed by applic law, if lower. The late payment charge shall be calculated from the date that the unpaid Fees become due and shall be compounded monthly for the period during which any such Fees remain unpaid. If Customer's account is tl +y+ (30) days past due and ESSCOE has not terminated under Section 6, upon 14 days notice to Customer, ESSCOE may elect to suspend services governed by this Agreement until Customer's account becomes current. Customer ag (D that suspension of service does not release them from their obligation to pay all monies due to ESSCOE under this Agreement. Customer agrees that ESSCOE will not be liable for any claims of Customer or third party if servi, E suspended due to a past due balance or otherwise. a) 3. PREVAILING WAGE. ESSCOE's services performed shall be based on its understanding through the actions, statements and/or omissions of the Customer that is contemplated in the Schedules and the work to be performed rela i thereto is not subject to federal, state or local prevailing wage requirements. If ESSCOE's understanding is incorrect, Customer agrees and acknowledges that it shall immediately notify ESSCOE in writing within forty-eight (48) h from receiving this notice so that ESSCOE may submit a revised proposal and/or invoice reflecting the additional costs associated with applicable prevailing wage laws. If at anytime it is determined that this project is or was subje� S C prevailing wage requirements under federal, state or local law, then Customer agrees and acknowledges that it shall reimburse and make whole ESSCOE for any back wages, penalties and/or interest owed to its employees or W other third party, including but not limited to any appropriate governmental agency. Customer also agrees that prices, costs and/or applicable fees will also be increased as required by the increase in wage payments to ESSC employees. Customer understands and acknowledges that it shall notify ESSCOE of any prevailing wage requirements or obligations under applicable laws relating to the work or services performed by ESSCOE. Customer also ag L. to indemnify and hold ESSCOE harmless from any error, act or omission on its part with regard to prevailing wage notification that causes any claim, cause of action, harm or loss upon ESSCOE, including but not limited to pro d reimbursement to ESSCOE of any and all reasonable attorneys' fees and costs associated with such claim, cause of action, harm or loss. c c G 4. COLLECTIONS. In the event it is necessary to enforce collection of any amounts due ESSCOE or any rights of ESSCOE under this Agreement, Customer agrees to pay any and all costs, collection fees, expenses, charges incurre () ESSCOE, including reasonable attorney's fees and appellate attorneys fees. Customer authorizes ESSCOE to perform credit searches and/or report payment history to any credit bureau or agency. rt+ 5. SECURITY INTEREST. Customer herein grants ESSCOE a purchase money security interest in any equipment sold, until the total purchase price is paid to ESSCOE. Customer irrevocably appoints ESSCOE as agent to file finan 'L statements with respect to this security interest and agrees to execute any documents necessary to perfect said interest. 7 <.i 6. TERM. The term of this Agreement begins on the Effective Date and continues as long as ESSCOE is providing services to the Customer pursuant to the term of the Agreement or any Schedule. Notwithstanding the foregoing, G1 Agreement may be terminated by ESSCOE as follows: (a) all Schedules have expired or have been terminated in accordance with their terms, or (b) this Agreement is terminated in accordance with its terms, in which case all Sched will also terminate, subject to their respective termination provisions. The Parties may mutually agree in writing to extend this Agreement and any Schedule in accordance with the terms and conditions set forth therein. i 7. DEFAULT. ESSCOE may also terminate this Agreement upon the following events of default ("Default"): (a) any failure of Customer to pay any amounts billed and due hereunder, which failure remains uncured for a period of tl 0 (30) days after notice thereof, (b) Customer breach of any terms of the Agreement, or (c) either party may terminate if the other party (i) ceases to do business in the normal course, (ii) becomes or is declared insolvent or bankrupt U is the subject of any proceeding related to its liquidation or insolvency (whether voluntary or involuntary) which is not dismissed within ninety (90) calendar days or (iv) makes an assignment for the benefit of creditors. L a 8. REMEDIES. In the event of Customer's Default of this Agreement, in addition to termination under Section 6, ESSCOE may pursue any one of the following remedies: 1) declare ninety (90) percent of the balance due for unexpired term of this Agreement immediately due and payable as liquidated damages, not as a penalty, 2) proceed at law or equity to enforce performance of Customer or recover damages for breach of the Agreement and/or 0 Schedule including all costs and expenses including without limitation reasonable attorneys fees, in connection with enforcing or attempting to enforce this Agreement or 3) any other available remedies permitted by law. M 9. LIMITATION OF LIABILITY. CUSTOMER EXPRESSLY ACKNOWLEDGES ESSCOE AND ITS AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS AND ASSIGNS ARE NOT INSURERS AGAINST LOSSES AND THAT INSURANCE AGAINST LO! THE SOLE RESPONSIBILITY OF THE CUSTOMER. THE PAYMENTS AND CHARGES REQUIRED BY THIS AGREEMENT ARE BASED SOLELY ON THE VALUE OF THE SERVICES PROVIDED AND ARE UNRELATED TO THE VALUE OF THE PREMISE: ANY PERSONAL PROPERTY LOCATED ON OR NEAR THE PREMISES. CUSTOMER AGREES THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO ASCERTAIN OR DETERMINE THE AMOUNT OF DAMAGES, IF ANY, WHICH MAY RED m FROM A FAILURE BY ESSCOE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR THE FAILURE OF THE ALARM OR OTHER ELECTRONIC SYSTEMS TO OPERATE PROPERLY. CUSTOMER AGREES THAT, IF ESSCOE SHO 41 BE FOUND LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY AS A RESULT OF THE FAILURE OF THE SERVICES, ALARM OR OTHER ELECTRONIC SYSTEM IN ANY RESPECT, ESSCOE'S LIABILITY WIL LIMI�ED TO NO MORE THAN THE AMOUNT CUSTOMER PAID ESSCOE FOR EQUIPMENT AND/OR SERVICES LESS ANY INSURANCE PROCEEDS RECEIVED BY CUSTOMER, WHICH SUM SHALL BE PAID AND RECEIVED AS LIQUIDP DAMAGES (AND NOT AS A PENALTY), SUCH LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THIS LIMITATION OF LIABILITY APPLIES TO ANY AND ALL LOSS OR DAMAGE RESULTING DIRECTLY OR INDIRECTLY TO PERSONS OR PROPE IRRESPECTIVE OF CAUSE OR ORIGIN, WHETHER AS A RESULT OF THE PERFORMANCE OR NON-PERFORMANCE OR THE NEGLIGENCE OR GROSS NEGLIGENCE BY ESSCOE, ITS AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS , 0 ASSIGNS OF SERVICES PERFORMED UNDER THIS AGREEMENT. ESSCOE SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSI� OPPORTUNITIES, OR CUSTOMER GOODWILL IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER. 0 10. INDEMNIFICATION. Customer agrees to and shall indemnify and hold harmless ESSCOE, its officers, employees, agents and subcontractors, from and against any and all claims, actions and/or lawsuits, including injury, dam -2 expense, costs and reasonable attorney's fees, and losses asserted against and alleged to be caused by ESSCOE's performance or nonperformance of its obligations under the Agreement, strict liability, defects in product, de! (d installation, warranty service, monitoring or operation or non -operation of the system to be serviced. IN�L 11. INSURANCE. Customer acknowledges and represents that it has sufficient insurance coverage. Customer shall look exclusively to its insurer and not ESSCOE to pay Customer or any third party in the event of loss, claim, damag 0 injury. Customer, on its behalf, and on behalf of any insurance carrier, waives any right of subrogation that Customer's insurance carrier may otherwise have against ESSCOE or its subcontractors arising out of this Agreement or relation of the parties hereto. 7 Q 12. FILING SUIT. All suits, actions or proceedings, legal or equitable, against ESSCOE must be commenced in court within one (1) year after the cause of action has accrued or the act, omission or event occurred upon which the action or proceeding arises, whichever is earlier, or the shortest duration permitted under applicable law if such period is greater than one year and if no such claim, action or proceeding is instituted within that time, it is barred. le 13. WARRANTY. ESSCOE DOES NOT REPRESENT OR WARRANT, EXPRESSLY OR IMPLIED, THAT ITS SERVICES, SYSTEMS AND EQUIPMENT WILL ELIMINATE OCCURRENCES OF THE EVENTS THAT THEY ARE INTENDED TO DETECTOR AV ti UNLESS OTHERWISE PROVIDED INASCHEDULE, ESSCOE HAS MADE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE. r 14. DELIVERY/FORCE MAJEURE. If equipment is purchased, ESSCOE shall deliver or have delivered the equipment as projected in the Agreement or Schedules. ESSCOE shall not be liable for delays in delivery or installation. " F Majeure Event" shall mean any event beyond ESSCOE's control, including but not limited to: acts of war, acts of public enemies, terrorist attacks, governmental orders relating to the foregoing, insurrections, riots, sabot �+ earthquakes, floods, acts of God, embargoes, authority of laws, third -party labor disputes (including strikes, lockouts, job actions or boycotts), fires, explosions, or failure in electrical power, heat, light, air conditionin. J communications equipment. In the event ESSCOE is precluded or delayed from performing under this Agreement due to a Force Majeure Event, ESSCOE shall be excused from such performance and may withhold performance witl r.+ liability while such Force Majeure Event exists. ESSCOE shall notify the Customer as soon as reasonably possible regarding the existence and nature of the Force Majeure event and shall promptly give notice of its recommencemei i performance. In the event the Force Majeure Event exists for more than ninety (90) days, ESSCOE, upon written notice, may terminate this Agreement without liability. d E 15. INDEPENDENT CONTRACTOR. ESSCOE is an independent contractor under this Agreement. It shall comply with all payroll tax withholdings, social security, unemployment and related employer obligations applicable to it. Excel Q set forth in a duly authorized Power of Attorney, no Party shall hold itself out as an agent of or in a joint venture with the other, and no Party shall have the authority to act on behalf of the other. '3 16. SUBCONTRACTORS. ESSCOE may subcontract all or portions of the Services to a third party without Customer's consent. The subcontracted third party shall be subject to the terms and conditions of this Agreement or W otherwise agreed to by the parties in writing. d 17. ASSIGNMENT; NO THIRD PARTY BENEFICIARIES. The rights and obligations under this Agreement may not be transferred or assigned to a third party by the Customer without the prior written consent of ESSCOE. ESSCOE shall 1 0 the right to assign this Agreement without prior notice or consent of the Customer. This Agreement is binding upon and shall inure to the benefit of each Party and its respective successors and assigns. Other than Essc .O subcontractors, there are no third party beneficiaries under this Agreement. d 18. AMENDMENTS; WAIVER; SEVERABILITY. This Agreement can only be modified or amended by a written instrument signed by the Parties. A waiver of any right by either Party will not constitute a waiver of such right on (.9 subsequent occasion. Acceptance by ESSCOE of the amounts (or lesser amounts) payable under this Agreement shall not be deemed a waiver of any default. If any provision of this Agreement is determined to be invalid, such inval m will not affect the validity of the remaining portions of this Agreement. 19. SURVIVAL. The rights and obligations of this Agreement which by their nature are intended to survive expiration or termination shall so survive, including but not limited to Sections 1-5, 7-15, 17, and 18-24. i cG1 20. ATTORNEYS FEES. In the event any enforcement of the terms of this Agreement is referred to an attorney by ESSCOE, Customer will be obligated to pay reasonable attorney's fees ,whether suit be brought or not, and all o G costs, expenses and charges. 21. GOVERNING LAW AND VENUE. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. THE CUSTOMER AGREES THAT ESSCOE SHALL HAVE U RIGHT TO ENFORCE ITS RIGHTS UPON THIS AGREEMENT IN THE PROPER COURT OF LAKE COUNTY, ILLINOIS. IF SUIT IS FILED IN LAKE COUNTY, ILLINOIS BY ESSCOE, THEN CUSTOMER AGREES NOT TO SEEK TRANSFER OF THIS MAl 4Z TO ANY OTHER COURT OR JURISDICTION AND CONSENTS TO JURISDICTION IN THE COURTS OF LAKE COUNTY, ILLINOIS. BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM. Q 22. NO BREACH OF OTHER AGREEMENTS. Customer and ESSCOE each respectively represent and warrant that its execution of this Agreement does not violate any applicable law or breach any other agreement to which it is a Part is otherwise bound. 23. NOTICE. Any notice required or permitted to be given shall, except where specifically provided otherwise, be given in writing to the person and at the address listed above by personal delivery, overnight carrier, electronic ma mail), facsimile, or certified mail, return receipt requested. The date of notice shall be as follows: the date upon which such notice is so personally delivered; if by overnight carrier, the date of receipt at the designated address; facsimile transmission, upon electronic confirmation thereof, if by electronic mail (e-mail), upon electronic confirmation thereof or if by certified mail, the date of delivery. 24. ENTIRE AGREEMENT. This Agreement and any Schedules attached and made a part hereto set forth the full and complete understanding of the Parties with respect to the matters herein and supersedes any and all oral or wri, < agreements and representations between the Parties made or dated prior to the Effective Date. Packet Pg. 49 Custo 8.0 Resolution No. R-2016-23 : Resolution Relating to an Emergency Management Mutual Aid Agreement ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The resolution and agreement allows the use of Emergency Management Mutual Aid with other jurisdictions in the Northwest Central Dispatch System. ATTACHMENTS: • IEMMAS Resolution VM Memo (DOCX) • IEMMAS Resolution (DOCX) • IEMMAS Resolution -Appendix A (DOCX) Trustee Liaison Staff Contact Trilling Mike Baker, Fire Monday, October 17, 2016 Updated: 10/3/2016 3:02 PM Page 1 Packet Pg. 50 8.C.a VILLAGE F 11�jUFFAI 0 GROVE MEMORANDUM TO: Dane Bragg, Village Manager FROM: Mike Baker, Fire Chief DATE: September 26, 2016 RE: Illinois Emergency Management Mutual Aid System Resolution Mick Fleming has requested that the Village of Buffalo Grove pass a resolution authorizing the Village to join the Illinois Emergency Management Mutual Aid System (IEMMAS). IEMMAS is a mutual aid network similar to that of MABAS, ILEAS, and IPWMAN. The network spans the entire state of Illinois and has been signed by 87 counties and 58 municipal bodies of government. The agreement is entered into free of charge for the signature communities. The IEMMAS agreement provides the legal framework to request aid in the form of personnel and equipment from other signatory agencies. The agreement creates the ability to provide evidence of formal requests for assistance as well as documenting, tracking, and demobilizing resource, which is a key factor when requesting state or federal reimbursement during or after a disaster. Additionally, these IEMMAS resources can be requested absent a state or federal declaration, which increase the flexibility of where and when the aid can be requested and delivered. Finally, as we move into the regional emergency management model with the Joint Emergency Management System (JEMS), the agreement also allows us to provide a documented framework for the sharing of trained staff, facilities, and resources across municipalities. IEMMAS is an agency -based agreement between local governments and IESMA provides for mutual aid to agencies that may need emergency management support in times of disaster or other emergencies overwhelming local jurisdictions. These services are supported by highly trained members of the Emergency Management Assistance Team (EMAT) comprised of North, Central and Southern teams. These teams are equipped with the necessary inter operable communications, information technology equipment and a mobile Emergency Operations Center to augment or stand as temporary Emergency Operations Center, if necessary. I am seeking your authorization to have the sample resolution reviewed by the Village corporate counsel and submit the resolution as a Board agenda consent item. Packet Pg. 51 8.C.b 9/30/2016 DM#675576 RESOLUTION NO. A RESOLUTION AUTHORIZING PARTICIPATION AS A MEMBER IN THE ILLINOIS EMERGENCY MANAGEMENT MUTUAL AID SYSTEM RESPONSE PURSUANT TO AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE ILLINOIS EMERGENCY SERVICES MANAGEMENT ASSOCIATION FOR THE ESTABLISHMENT OF A MUTUAL AID INTERGOVERNMENTAL SERVICEAGREEMENT WHEREAS, the Village of Buffalo Grove, an Illinois municipal corporation ("Village") has established an Emergency Management Agency/Emergency Services and Disaster Agency of the Village pertaining to appropriate functions in the case of an emergency; and WHEREAS, it is recognized that at any given time emergency situations may occur that are beyond the capacities of the V i 11 a g e Emergency Management Agency/ Emergency Servicesand Disaster Agency to deal effectively with in terms of personnel, equipment and material resources; and WHEREAS, in adopting the Illinois Emergency Management Mutual Aid System Intergovernmental Service Agreement the Village, as one of the Members thereof, hereby expresses its intent to assist a nearby member jurisdiction by assigning as appropriate some of its personnel equipment or material resources to the requesting member jurisdiction as situations allow; and WHEREAS, said Service Agreement is authorized by the Illinois Emergency Management Act, Section 3305/13 which allows for the participation in various mutual aid agreements; and WHEREAS, it is in the best interests of the Village to provide as much as possible for assistance to the residents of the Village and other Members of said Mutual Aid Service Agreement. NOW, THEREFORE, BE IT RESOLVED B Y T H E P R E S I D E N T AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Packet Pg. 52 8.C.b Section 1. That the above and foregoing recitals are incorporated as findings of fact in this Resolution. Section 2. That the Village of Buffalo Grove, a body politic, may participate as a Member of the Illinois Emergency Management Mutual Aid System pursuant to that certain Mutual Aid Intergovernmental Service Agreement ("Agreement") which is attached to this Resolution and incorporated herein and identified as 'Exhibit A". Section 3. That the Village President be and is hereby authorized to execute, on behalf of the Village of Buffalo Grove the Agreement and that the Village Clerk is authorized to attest to said Agreement. AYES: NAYES: ABSENT: PASSED and APPROVED this day of , 2016. APPROVED: Village of Buffalo Grove Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk #675576 a 0 3 0 0 m Q w c CD E t v �a Q Packet Pg. 53 8.C.c 9/30/2016 EXHIBIT A DM#675577 Illinois Emergency Management MUTUAL AID SYSTEM AGREEMENT This Agreement made and entered into the date set forth next to the signature of the respective parties, by and between the units of local government subscribed hereto (hereafter "Unit(s)" that have approved this Agreement and adopted same in manner as provided by law and are hereafter listed at the end of this Agreement. WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit a k of local government may be exercised and enjoyed jointly with any other unit of local as a government; and, Q' a 0 N WHEREAS, Section 5 of the Intergovernmental Cooperation Act, 5 ILCS 220/5, CO provides that any one or more public agencies may contract with any one or more public w agencies to perform any governmental service, activity or undertal-ing which any of the public a� E agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and, Q 1 Packet Pg. 54 8.C.c WHEREAS, the parties hereto have determined that it is in their best interests to enter into this Agreement to secure to each the benefits of mutual aid in emergency management and the protection of life and property from an emergency or disaster; and, WHEREAS, the parties hereto have determined that it is in their best interests to form an association to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster NOW, THEREFORE, in consideration of the foregoing recitals, the Unit's membership in the Illinois Emergency Management Mutual Aid System (IEMMAS) and the covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE Purpose It is recognized and acknowledged that in certain situations, such as, but not limited to, a x emergencies, natural disasters man-made catastrophes and special events, the use of an as a individual Member Unit's personnel and equipment to perform functions outside the territorial Q limits of the Member Unit is desirable and necessary to preserve and protect the health, safety 0 0 and welfare of the public. It is further expressly acknowledged that in certain situations, such as co the aforementioned, the use of other Member Unit's personnel and equipment to perform g w functions within the territorial limits of a Member Unit is desirable and necessary to preserve d and protect the health, safety and welfare of the public. Further, it is acknowledged that coordination of mutual aid through the Illinois Emergency Management Mutual Aid System is Q 2 Packet Pg. 55 8.C.c desirable for the effective and efficient provision of mutual aid. SECTION TWO Definitions For the purpose of this Agreement, the following terms as used in this agreement shall be defined as follows: A. "Illinois Emergency Management Mutual Aid System" (hereinafter referred to as "IEMMAS"): A definite and prearranged plan whereby response and assistance is provided to a affected/stricken Unit by the Aiding Unit(s) in accordance with the system established and maintained by the IEMMAS member Units and amended from time to time; B. "Member Unit": A unit of local government including but not limited to a city or county having an Emergency Management Program accredited/certified by the State of Illinois, or an intergovernmental agency and the units of which the intergovernmental agency is comprised which is a party to the IEMMAS Agreement and has been appropriately authorized by the governing body to enter a into such agreement, and to comply with the rules and regulations of IEMMAS; x C. "Affected/stricken Unit": A Member Unit which requests aid through the Illinois d a Q Emergency Management Agency in the event of an emergency: c D. "Aiding Unit": A Member Unit furnishing equipment, personnel, 0 N co and/or services to an affected/stricken Unit; w E. "Emergency/Disaster": An occurrence or condition in a Member Units territorial d E jurisdiction which results in a situation of such magnitude and/or consequence that it cannot be adequately handled by the affected / stricken Unit and such that Q 3 Packet Pg. 56 8.C.c F V" 1H I J 0 a Member Unit determines the necessity and advisability of requesting aid. "IEMA Regions": The geographically associated Member Units or unit of which have been grouped for operational efficiency and representation of those Member Units. "Training": The regular scheduled practice of emergency procedures during non - emergency drills/exercise to implement the necessary joint operations of IEMMAS "IESMA-MST Committee": The governing body of IEMMAS is comprised of the IEMMAS Team Leaders and Assistant Team Leaders, of whom are members of the Illinois Emergency Services Management Association. "Mobile Support Team": A group of emergency management personnel, who are members of Member Units and who are approved by the IEMMAS Executive Board and operate under guidelines as established by the IEMMAS Executive Board. "Special Event": A non -routine event that places a strain on a Member Unit's resources that may involve a large number of people and that such event requires additional planning, preparation and mitigation for public safety. a x c d a a a 0 SECTION THREE 0 N G1 Authority and Action to Effect Mutual Aid_ W a The Member Units hereby authorize and direct their respective EmergencyManager / w Coordinator or his designee to take necessary and proper action to render and/or E request mutual aid from the other Member Units in accordance with the policies and a procedures established and maintained by the IEMMAS Member Units. The aid rendered 4 Packet Pg. 57 8.C.c IV shall be to the extent of available personnel and equipment not required for adequate protection of the territorial limits of the Aiding Unit. The judgment of the Emergency Manager / Coordinator, or his designee, of the Aiding Unit shall be final as to the personnel and equipment available to render aid. Whenever an emergency / disaster or special event occurs and conditions are such that the Emergency Manager / Coordinator, or his designee, of the affected / stricken Unit determines it advisable to request aid pursuant to this Agreement he shall notify IEMA of the nature and location of the emergency / disaster / special event and the type and amount of equipment and personnel and/or services requested from the IEMMAS, including the activation of Mobile Support Teams. The Emergency Manager / Coordinator, or his designee, of the Aiding Unit shall take the following action immediately upon being requested for aid: 1. Establish the incident command system at the site of the emergency. 2. Determine what equipment, personnel and/or services is requested according to the system maintained by IEMMAS; 3. Determine if the requested equipment, personnel, and/or services can be committed in response to the request from the affected/stricken Unit; 4. Dispatch immediately the requested equipment, personnel and/or services, to the extent available, to the location of the emergency reported by the affected/stricken unit in accordance with the procedures of IEMMAS; 5. Notify the affected / stricken unit if any or all of the requested equipment, personnel and/or services cannot be provided. 5 a x c as a a a r_ M 0 N G1 CO a w c d E s a Packet Pg. 58 8.C.c SECTION FOUR The National Incident Management System shall be the standard under which this Agreement shall function. The purpose of the incident management system shall be to provide structure and coordination to the management of emergency incident operations in order to provide for the safety and health of emergency service organization personnel and other persons involved in those activities. Personnel dispatched to aid a party pursuant to this Agreement shall remain employees of the Aiding Unit. Personnel rendering aid shall report for direction and assignment at the scene of the emergency to the State Incident Commander at the Forward Command Post. The party rendering aid shall at all times have the right to withdraw any and all aid upon the order of its Emergency Manager / Coordinator or his designee; provided, however, that the party withdrawing such aid shall notify the State Incident Commander at the Forward Command Post of the withdrawal of such aid and the extent of such withdrawal. SECTION FIVE Compensation for Aid Equipment, personnel, and/or services provided pursuant to this Agreement shall be at no charge to the party requesting aid; however, any expenses recoverable from third parties shall be equitably distributed among responding parties. Nothing herein shall operate to bar any recovery of funds from any state or federal agency under any existing statutes. 0 Packet Pg. 59 8.C.c SECTION SIX Each party hereto shall procure and maintain, at its sole and exclusive expense, insurance coverage, including: personal injury, property damage. No party hereto shall have any obligation to provide or extend insurance coverage for any of the items enumerated herein to any other party hereto or its personnel. The State of Illinois shall provide workman compensation and comprehensive liability insurance. Upon request, Member Units shall provide such evidence as herein provided to the IEMMAS members. SECTION SEVEN Each party hereto agrees to waive all claims against all other parties hereto for any loss, damage, personal injury or death occurring in consequence of the performance of this Mutual Aid Agreement; provided, however, that such claim is not a result of gross negligence or willful misconduct by a party hereto or its personnel. E a Each party requesting or providing aid pursuant to this Agreement hereby expressly c d a agrees to hold harmless, indemnify and defend the party rendering aid and its personnel from C any and all claims, demands, liability, losses, suits in law or in equity which are made by a third .0, 0 party. This indemnity shall include attorney fees and costs that may arise from providing aid co pursuant to this Agreement. Provided, however, that all employee benefits, wage and disability w payments, pensions, worker's compensation claims, damage to or destruction of equipment and; c d clothing, and medical expenses of the party rendering aid shall be the sole and exclusive s 0 responsibility of the respective party for its employees, provided, however, that such claims Q made by a third party are not the result of gross negligence or willful misconduct on the part of 7 Packet Pg. 60 8.C.c the party rendering aid. The obligations and duties set forth in this Section shall survive the end or termination of this Mutual Aid Agreement. SECTION EIGHT Non -Liability for Failure to Render Aid The rendering of assistance under the terms of this Agreement shall not be mandatory if local conditions of the Aiding Unit prohibit response. It is the responsibility of the Aiding Unit to immediately notify the affected / stricken unit of the Aiding Unit's inability to respond; however, failure to immediately notify the affected / stricken unit of such inability to respond shall not constitute evidence of noncompliance with the terms of this section and no liability may be assigned. No liability of any bind or nature shall be attributed to or be assumed, whether expressly or implied, by a party hereto, its duly authorized agents and personnel, for failure or refusal to render aid. Nor shall there be any liability of a party for withdrawal of aid once provided pursuant to the terms of this Agreement. SECTION NINE Term This Agreement shall be in effect for a term of one year from the date of signature hereof and shall automatically renew for successive one-year terms unless terminated in accordance with this Section. Any party hereto may terminate its participation in this Agreement at any time, provided that the party wishing to terminate its participation in this Agreement shall give written notice to 8 Packet Pg. 61 8.C.c the IEMMAS specifying the date of termination, such notice to be given at least 90 calendar days prior to the specified date of termination of participation. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. SECTION TEN Effectiveness This Agreement shall be in full force and effective upon approval by the parties hereto in the manner provided by law and upon proper execution hereof. SECTION ELEVEN This Agreement shall be binding upon and inure to the benefit of any successor of entity which may assume the obligations of any party hereto. Provided, however, that this Agreement may not be assigned by a Member Unit without prior written consent of the parties hereto; and this Agreement shall not be assigned by IEMMAS without prior written consent of the parties hereto. SECTION TWELVE V li i The invalidity of any provision of this Agreement shall not render invalid any other provision. If, for any reason, any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this Agreement may be enforced with that provision severed or modified by court order. 0 Packet Pg. 62 8.C.c SECTION THIRTEEN All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as may be designated from time to time on the IEMMAS mailing lists or, to other such addresses as shall be agreed upon. SECTION FOURTEEN This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of Illinois. SECTION FIFTEEN Execution in Counterparts This Agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. SECTION SIXTEEN The IESMA-MST Committee is hereby identified as the authority to consider, adopt and amend from time to time, as needed, rules, procedures, by-laws and any other matters deemed necessary. The IESMA-MST Committee shall consist of 3 members appointed from within each IEMMAS region, who shall serve as the voting representative of said region on IEMMAS 10 Packet Pg. 63 8.C.c matters, and may appoint a designee to serve temporarily in his stead. Such designee shall be from within the respective region and shall have all rights and privileges attendant to a representative of that region. The IESMA Executive Board as provided for in the by laws shall coordinate the activities of the IEMMAS. SECTION SEVENTEEN Duties of the IESMA-MST Committee The IESMA-MST Committee shall meet regularly to conduct business and to consider and publish the rules and procedures of the IEMMAS. SECTION EIGHTEEN Rules and Procedures Rules, procedures of the IEMMAS shall be established by the IESMA-MST Committee as deemed necessary from time to time for the purpose of administrative functions, the exchange of information and the common welfare of the IEMMAS. a k_ C d Q SECTION NINETEEN a c Amendments 0 This Agreement may only be amended by written consent of all the parties hereto. This co shall not preclude the amendment of rules, procedures of the IEMMAS as established by the g w_ IESMA-MST Committee to this Agreement. The undersigned unit of local government or; c a� public agency hereby has adopted, and subscribes to, and approves this MUTUAL AID SYSTEM Agreement to which this signature page will be attached, and agrees to be a party Q 11 Packet Pg. 64 8.C.c thereto and be bound by the terms thereof. This Signatory certifies that this Illinois Emergency Management Mutual Aid System Agreement has been adopted and approved by ordinance, resolution, or other manner approved President Illinois Emergency Service Management Association IEMMAS Chairperson Village of Buffalo Grove Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk IEMMAS-ILLINOIS-MUNICIPALITY-AGREEMENT 12 DATE DATE DATE DATE Packet Pg. 65 8.D Ordinance No. 0-2016-46 : Ordinance Amending Chapter 5.20 Liquor Controls ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The Class E Liquor License issued to Grill on the Rock, Inc. at 301 Milwaukee Avenue is hereby rescinded. Grill on the Rock, Inc. is no longer in business. ATTACHMENTS: • Class E - Grill on the Rock Rescinded 9-30-16 (DOCX) Trustee Liaison Sussman Monday, October 17, 2016 Staff Contact Julie Kamka, Community Development Updated: 10/12/2016 11:11 AM Page 1 Packet Pg. 66 09/30/2016 8.D.a ORDINANCE NO.2016 - AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. 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. Subsection E. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in stfikethfaitgh and additions in underline text so that Subsection E. of Section 5.20.072 shall provide as follows: 5.20.072 Licenses authorized. E. Class E. Licensee and d/b/a 1. Hanabi, Inc. d/b/a Hanabi Japanese Restaurant 2. Continental Restaurant, Inc. 3. Best In Town, Inc. d/b/a Giordano's of Buffalo Grove 4. Grande Jakes Fresh Mexican Grill in BG, Inc. 5. The Noodle Shop, Co.- Colorado Inc. d/b/a Noodles & Co. Address 734 S. Buffalo Grove Road 782 S. Buffalo Grove Road 270 N. Me Henry Road 205 Dundee Road 1205 Dundee Road -76. Coffee House Holdings, Inc. d/b/a 1205 W. Dundee Road Starbucks Coffee #17730 Section 2. A. A Class E Liquor License issued to Grill on the Rock, Inc. at 301 Milwaukee Avenue is hereby rescinded. Grill on the Rock, Inc. is no longer in business. B. This Section 2 shall not be codified. Section 3. AYES: This Ordinance shall be in full force and in effect from and after its passage and approval. 1 Packet Pg. 67 NAYS: 8.D.a ABSENT: PASSED: 2016 APPROVED: ATTEST: Janet M. Sirabian, Village Clerk 2016 Beverly Sussman, Village President 2 Packet Pg. 68 8.E Ordinance No. 0-2016-47 : Ordinance Amending Chapter 15.36.060 - Inspection Requirements ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The purpose of the Ordinance is to require the annual inspection to be performed within the first three months of license application or renewal and to remove the issuance of a temporary certificate. ATTACHMENTS: • Board memo 10-5-16 (DOCX) • CHICAGO1-#675405-v1-Ordinance_Residential_Rental_Housing_BPS Revisions (DOC) Trustee Liaison Berman Monday, October 17, 2016 Staff Contact Julie Kamka, Community Development Updated: 10/12/2016 11:20 AM Page 1 Packet Pg. 69 8.E.a VILLAGE OF BUFFALO 101j," DATE: October 5, 2016 TO: Dane Bragg, Village Manager FROM: Julie Kamka, Deputy Village Clerk/Administrative Assistant SUBJECT: Residential Rental Housing Program BACKGROUND is In October 2012, the Village Board approved Ordinance 2012-50, creating the Residential Rental Housing Program to inspect and license all residential rental units within the Village. The intent of the original Ordinance was to have the inspection conducted within the first three months of the year. The original Ordinance did not dictate when the actual inspection was to be performed within the license year and staff has found it to be increasingly difficult to get the property owners to schedule their inspections. Some property owners will wait until it is almost the end of the license year and then try and get the one inspection to cover two license years. The added language in the proposed Ordinance will clarify when the inspection is required to be conducted. In addition, the original Ordinance called for a temporary certificate to be issued until the rental premises has passed the annual inspection and the license issued. Staff has found this to be very cumbersome and unnecessary. The proposed Ordinance will eliminate the temporary certificate. Finally, staff found language corrections necessary to reflect the actual program processes. RECOMMENDATION Staff recommends approval of the Ordinance. ti IT 0 N u Packet Pg. 70 8.E.b Underlined = addition Stfik ett� = deletion 09/29-8/2016 #675405 ORDINANCE NO. 2016 - AN ORDINANCE AMENDING CHAPTER 15.36, RESIDENTIAL RENTAL HOUSING PROGRAM, OF THE BUFFALO GROVE MUNICIPAL CODE 17 WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. N O 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 recital is hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 15.36.060, Inspection requirements -license issuance or denial, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 15.36.060 Inspection requirements — license issuance or denial. A. Upon submission of a completed application for a license or license renewal for any one or two family rental residential property and the payment of all required fees, an inspection of the one or two family rental residential property shall be scheduled and must be performed within the first three (3) monthsotia+te of the license vear. or partial license year - Packet Pg. 71 8.E.b B. Left Upon submission of a completed application for a license or license renewal for any multifamily rental residential property and the payment of all required fees, an inspection of the multifamily rental residential property shall be scheduled and must be performed within the current license year, or partial license year. C. A licensing inspection of rental residential property shall include the premises and, in the case of multi -family rental residential property, a percentage of the individual dwelling units with a minimum of at least one dwelling unit. The Code Official or designee shall determine which dwelling units are to be inspected. D. When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the r 4 0ffie a Village inspector. In establishing a compliance time frame, the Gode Offie aWillage inspector shall determine the reasonable minimal time necessary to correct the violations based o upon the number and severity of the violations. The "-le �'...e. 'Village inspector shall 0 provide c 0 a copy of the written inspection report. Such Vie -inspection report shall be T+ left at the proper with the owner, agent or tenant who was present for the inspection and shall include the following: co A dDescription of the property sufficient for identification; 2. ^^�fttemefftThe inspection report listing the violations of applicable codes; 3. ^ statement offhe inspection report indicating the date upon which the licensing reinspection will occur; and 4. An explanation that if upon completion of the licensing reinspection the requirements of applicable Village codes have not been met, then a .Tfitte ,7,,,�;�' the license may be denied or revoked. E. A licensing reinspection shall be conducted at the end of the compliance time frame. Upon completion of the licensing reinspection of the rental residential property, the Code Official shall; 1. Approve the license if the rental residential property meets the requirements of applicable Village codes; or Packet Pg. 72 8.E.b 2. Approve a conditional license if the property cannot be fully licensed due to special circumstances; or 3. Issue a written denial of the license and Fevoke the tem afaf , eeftifiOate if the requirements of Village codes have not been met. The written denial shall specify the defect(s) that remain and shall be transmitted by regular U.S. mail to the applicant. A conditional license may be issued for a term not exceeding six months to those rental Cn properties which cannot be fully licensed due to special circumstances, (e.g. weather conditions, unavailability of required materials or services, or other circumstances approved by the Code Official). Any property which has not met the requirements of the applicable Village codes by m the end of the conditional licensing term shall be considered unlicensed. N O F. All additional inspections made necessary because of cited violations not being corrected at the time of the initial license reinspection shall be subject to a fee of fifty c dollars per inspection, except that a single additional reinspection will be conducted a the T end of the conditional license term without added fees for the purpose of determining aD W compliance. The conditional license and the full rental residential license shall not be co issued and the property shall not be considered property licensed until all reinspection fees are paid. G. Applications for license renewals shall be made in the same manner as for new applications except that such applications shall state thereon such fact. Section 3. Section 15.36.080, Violations, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 15.36.080 - Violations. The following shall constitute violations of this Chapter: A. Failure of the owner or owners of the rental residential property to license such property with the Village; B. Failure of the occupants of the rental residential property to vacate such property within sixty days after receiving notice from the Code Official that such property is not properly licensed ; C. Failure of the owner or owners of the rental property to vacate all tenants from such property within sixty days after the license has been revoked; Packet Pg. 73 8.E.b D. Failure of the owner or owners of the rental property to maintain the structure and premises in compliance with applicable building, property maintenance and zoning ordinances; E. Any person other than one authorized by the Code Official who removes or defaces any notices which have been posted pursuant to this Chapter shall be liable for the penalties provided for by this Chapter. Section 4. Subsections J. and J.1. of Section 15.36.090, License -Suspension and�as' revocation, of the Buffalo Grove Municipal Code are hereby amended to read as follows 15.36.090 - License —Suspension and revocation. o N 0 J. Whenever a license is revoked, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Such notice shall be sent by certified mail, return receipt requested. The Code Official shall also notify all tenants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following: 1. You are hereby notified that the tempo-F t:y eei4ifieate o license for this structure has been revoked pursuant to Chapter 15.36 of the Buffalo Grove Municipal Code. Section 5. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 6. Any person violating any portion of this Ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 7. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: E Packet Pg. 74 8.E.b PASSED: , 2016 APPROVED: , 2016 PUBLISHED: ATTEST: Janet Sirabian, Village Clerk #675405 2016 APPROVED: Beverly Sussman, Village President 0 Packet Pg. 75 8.F Ordinance No. 0-2016-48 : Approval of an Amendment to Ordinance 2015-56 for Sky Fitness at 1501 Busch Parkway ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action The Planning & Zoning Commission (PZC) voted 7-0 recommending approval of an amendment to Village Ordinance 2015-56. Staff concurs with this recommendation. SUMMARY: Sky Fitness is proposing changes to the approved building plans as part of Ordinance 2015- 56, which granted approval of a building addition in 2015. The proposed new plans reduce the size and height of the building addition. The Planning & Zoning Commission voted 7-0 recommending approval of the amendment. ATTACHMENTS: • Board Referral Memo (DOCX) • Draft Ordinance (DOCX) • Exhibit B- Plan Set (PDF) • Ordinance 2015-56 (PDF) Trustee Liaison Weidenfeld Monday, October 17, 2016 Staff Contact Chris Stilling, Community Development Updated: 10/12/2016 2:22 PM Page 1 Packet Pg. 76 8.F.a "II'Le GE OF BUFFL � _ VI MEMORANDUM DATE: October 11, 2016 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: 1501 Busch Parkway — Sky Fitness Revised Building Addition narI(rRnl Min Is On October 6, 2015, the Village Board approved Ordinance 2015-56 granting an amendment to the Special Use Ordinance 97-4 for an expansion of Sky Fitness's facility at 1501 Busch Parkway. Subsequent to the approvals, the petitioner is proposing changes to the approved Preliminary Plan reducing the size and height of the building addition. The footprint of the addition will remain, and therefore, the original variation to the Zoning Ordinance for a side yard setback reduction, as approved by Village Ordinance 2015-56 is still required. As a result, an amendment to Ordinance 2015-56 is required. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION The PZC voted 7-0 recommending approval of an amendment to Village Ordinance 2015-56 which granted Preliminary Plan approval, with a side yard setback reduction to Sky Fitness located at 1501 Busch Parkway. Staff concurs with the PZC's recommendation. PUBLIC HEARING COMMENTS There were no comments from the public concerning this request. STAFF ANALYSIS Zoning History The facility is currently operating with a special use in the Industrial district. Ordinance 97-4, which was passed in 1997, approved a special use in the industrial district for the Highland Park Hospital Health and Fitness Center. In 2012, Highland Park Hospital Health and Fitness and was sold to 1501 Busch Parkway, LLC for Sky fitness. The special use was not restrictive to the developer and consequently, Sky Fitness has operated the facility under the same special use. In 2015, the Village approved an Ordinance granting an amendment to the Special Use to allow for a 19,050 square foot addition with a first floor swimming pool, second floor basketball court and a third floor mezzanine. At that time, the addition required multiple variations. Proposed Changes to the Approved Plans Ordinance 2015-56, which granted the preliminary plan approval and variations, were subject to an approved set of plans. Sky Fitness is proposing changes to the approved preliminary plan reducing the size and height of the building addition. The footprint of the addition will remain, and therefore, the original variation to the Zoning Ordinance for a side yard setback reduction, as approved by Village Ordinance 2015-56 is still required. The other 2 variations concerning stormwater facilities and floodplain are no longer required. Page 1 of 2 Packet Pg. 77 8.F.a The proposed addition will be maintaining the same footprint as the 2015 proposed plans. The most significant change is that the building addition is lower in height (29 ft. versus 50 ft.). The proposed expanded development fulfills the dimensional requirements in the Industrial District, with the exception of the side setback. District Dimensional Setbacks RequirementsIndustrial I District Requirements 2015 Approved Plan Current Request Front 37 ft. 371 ft. 371 ft. West Side 27 ft. 22 ft. 22 ft. East Side 27 ft. 308 ft. 308 ft. Rear 27 ft. 28 ft. 28 ft. Building Height 4 Stories or 50 ft. 3 stories and 50 ft. 1 story with a roof deck/pool and 29 ft. Building Addition Area 19,050 s.f. 16,980 s.f. Design The proposed addition continues the architectural features and aesthetics of the existing facility. The main design difference between the proposed addition and the existing building is height. Staff finds that the addition fits within the design context of the building and site itself. Parking The municipal code requires a recreation building to offer 1.0 off-street parking spaces per 1,000 square feet of floor area. With the addition, the Sky Fitness facility will have a total of 81,980 square feet of floor area, thus requiring a minimum parking requirement of 82 spaces. Sky Fitness currently has 235 parking spaces, however, they have been recently issued a permit to expand the parking lot to add 31 spaces for a total amount of 266 spaces. The proposed parking lot expansion would meet Village Code. Stormwater Management While the proposed development will meet all current stormwater and floodplain requirements, the 2015 approval included the following 2 variations to the Development Ordinance: 1. A variation from Section 16.50.040 of the Buffalo Grove Development Code concerning stormwater detention facilities, and 2. A variation from Section 18.20.020 of the Buffalo Grove Floodplain Regulations Code concerning floodplain regulation. Subsequent to the approvals, the Village Board approved amendments to the Development Ordinance which aligned Village Code with the Lake County's Watershed Development Ordinance (WDO) and the County's floodplain regulations. As a result, the variations noted above are no longer required. While the variations are no longer required, staff still recommends that the petitioners structurally floodproof the building addition to 3 feet above the base flood elevation. In addition, they shall provide a bioswale along the western edge of their property. These were requirements of the previous addition in 2015. ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance granting an amendment to Village Ordinance 2015-56 for Sky Fitness located at 1501 Busch Parkway. Page 2 of 2 Packet Pg. 78 8.F.b October 7, 2016 ORDINANCE NO. 2016 - XX GRANTING AN AMENDMENT TO SPECIAL USE ORDINANCE NO. 2015-56 TO ALLOW FOR A BUILDING ADDITION Sky Fitness Corporation 1501 Busch Parkway, Buffalo Grove, IL WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ("Property") hereinafter legally described in Exhibit A is zoned in the (1) Industrial District and is located at 1501 Busch Parkway, Buffalo Grove, Illinois; and, WHEREAS, in 1997, the Village Board approved by Ordinance No. 97-4 a special use for a fitness facility; and, WHEREAS, in 2015, the Village Board approved by Ordinance No. 2015-56 amending the original special use to allow for a 19,050 square foot addition with a first floor swimming pool, second floor basketball court and a third floor mezzanine with variations; and, WHEREAS, a request is being made by Sky Fitness Corporation for an amendment to the special use proposing changes to the approved preliminary plan reducing the size and height of the building addition; and, WHEREAS, the Village Plan Commission conducted a public hearing on September 21, 2016 concerning the petition for a special use amendment; and, WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of the amendment to Special Use Ordinance No. 2015-56; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine that the amendment is acceptable based on the Plan Commission public hearing record and recommendation. WHEREAS, the new addition shall be constructed in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Site Plan and Building Elevations Packet Pg. 79 8.F.b 2 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. This Ordinance is made pursuant to and in accordance with the Village's Code of Ordinances and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. All references, conditions and obligations to the Property in Ordinance 2015-56, not otherwise amended by this amendment, shall remain in full force and effect. 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: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President Packet Pg. 80 8.F.b 3 EXHIBIT A LEGAL DESCRIPTION Sky Fitness Corporation 1501 Busch Parkway, Buffalo Grove, IL SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel I: Lot 1, in the Corporate Grove first resubdivision, being a resubdivision of Lots 1 through 7 in the Corporate Grove, in the southwest quarter of Section 26, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded January 31, 1997 as document 3928723, in Lake County, Illinois. Parcel II: Easement for ingress and egress over the westerly 20 feet of Lot 2 in Corporate Grove first resubdivision, aforesaid, for the benefit of Parcel 1, as reserved on the plat of said resubdivision. SUBJECT PROPERTY COMMON DESCRIPTION: 1501 Busch Parkway, Buffalo Grove, IL (PIN 15-26-307-009) �a Y i tC a s U N 7 m Packet Pg. 81 8.F.b 4 EXHIBIT B Site Plan and Building Elevations Sky Fitness Corporation 1501 Busch Parkway, Buffalo Grove, IL Packet Pg. 82 0 �Z w 0 o � a pF YYI 3 H Y�1�i4 a (n III = N co m 0 a � R; Iry hlp -41 -- r' �o IN N ( tom tl, �� T zo o 771T1—I Tfi+ ^ H— NU A�'d- lYI N Il i s \ WN 4 SIN\I�mas —o- 0 ,e { �I fly "ITI rt .as= b7® j ay� lei I �rK a � m it — w'm i = 11 A mA� N `0 �N J S L f= rt (L Z LL E s og o'��F boo LLJ O OT Lu F € g W :'s� -------------------- ------ ----- --- V / W YLL I - co aw 68009 11 'anoaq o181ing AsM��sd yosn8 1091 r uolllppd ssoulld ��IS - _ a c%j V NOIldO 138 M31A38 NJISM G nYm goh�€RR_ m2pF3e go?a_ J �o&➢g ��m§3 G I I I I O w J § LLI LLI I ti? j tpµ I I I I I I I �1 Z O Z i O w w' I w Z I cog Z Q w J w§ F— Z, O� Me m I69�09 11 'GAOJD olsJIng ,lE'o, dlsnn �e �sn �I d U g L09L =_$ d g c> uo!l!ppd ssaul!d AXIS �— : N -- �a w 13S M31A38 NJIS30 A e9 �o�b4 mh fl Jn z =��oa 4 I I I I 0 to I i= ! i - onoom I ssr,� �,aaa I i . . i j i i i i I €� I _ LI Q e�--- �p � I LLB d4 8 cf.� LL O I J LL m € FL O CC I I j I I N m r� 69009 11 'GAOJD olsJIng , �(snn �e �sn l'o, EdlI�I d U g L09L =_$ d g uo1llppd sseulld ��IS � Jzi� w r�_ W . zi�N m �>� % •,i ,2ai VWfb w �.;, tZh�91NINW^AiN1YG� i1NIGWdi ir'/Mn1111�; !71.�NV � (AMAJud gosn8 LOSL le ssaulld R)IS jo; 99-9LUZ aoueuipaO of luawpuawy ue to Ien-ddtl : 979L0Z-O) laS ueld -8 llglgx3 :luawgoelltl ,n H September 25, 2015 ORDINANCE NO. 2015 - 56 GRANTING AN AMENDMENT TO SPECIAL USE ORDINANCE NO.97-4 TO ALLOW FOR A BUILDING ADDITION WITH A VARIATION TO SECTION 16.50.040 OF THE VILLAGE OF BUFFALO GROVE DEVELOPMENT CODE, A VARIATION TO SECTION 17.48.020 OF THE VILLAGE OF BUFFALO GROVE ZONING ORDINANCE AND A VARIATION TO SECTION 18.20.020 OF THE VILLAGE OF BUFFALO GROVE FLOODPLAIN REGULATIONS Sky Fitness Corporation 1501 Busch Parkway, Buffalo Grove, IL WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and WHEREAS, the real property ("Property") hereinafter legally described in Exhibit A is zoned in the (1) Industrial District and is located at 1501 Busch Parkway, Buffalo Grove, Illinois; and WHEREAS, in 1997, the Village Board approved by Ordinance No. 97-4 a special use for a fitness facility; and WHEREAS, a request is being made by Sky Fitness Corporation for an amendment to the special use with a variation to Section 16.50.040 of the Village of Buffalo Grove Development Code, a variation to Section 17.48.020 of the Village of Buffalo Grove Zoning Ordinance and a variation to Section 18.20.020 of the Village of Buffalo Grove Floodplain Regulations to allow for the construction of a new addition; and WHEREAS, the Village of Buffalo Grove's Planning & Zoning Commission ("PZC") conducted a public hearing on September 16, 2015 concerning the petition for a special use amendment and variations; and WHEREAS, the PZC determined that the petition meets the standards for a variation set forth in Section 17.52.070 of the Buffalo Grove Zoning Ordinance; and WHEREAS, the PZC voted 8 to 0 to recommend approval of the variation; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that the standards for variation have been met, as set forth in Section 17.52.070 of the Village of Buffalo Grove Zoning Ordinance, in that the Petitioner has shown: (1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located except in the case of residential zoning districts, (2) the plight of the owner is due to unique circumstances, and (3) the proposed variation will not alter the essential character of the neighborhood Packet Pg. 93 2 WHEREAS, the new addition shall be constructed in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description GROUP EXHIBIT B Site Plan and Building Elevations 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. This Ordinance is made pursuant to and in accordance with the Village's Code of Ordinances and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant an amendment to the special use with a variation to Section 16.50.040 of the Village of Buffalo Grove Development Code, a variation to Section 17.48.020 of the Village of Buffalo Grove Zoning Ordinance and a variation to Section 18.20.020 of the Village of Buffalo Grove Floodplain Regulations to allow for the construction of a new addition as shown on Group Exhibit B, attached and incorporated into this Ordinance. 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: NAYS: ABSENT: PASSED: APPROVED ATTEST: VV ge Clerk f — Berman Trillin Mein Cttenhe mer Weicienfeld Johnson 0 - None 0 - None APPROVED: Beverly Sussm , Village President Packet Pg. 94 3 EXHIBIT A LEGAL DESCRIPTION Sky Fitness Corporation 1501 Busch Parkway, Buffalo Grove, IL 6191 1.1 Vto 111111:1 1101 a 4 13 Ed 4 Parcel 1: Lot 1, in the Corporate Grove first resubdivision, being a resubdivision of Lots 1 through 7 in the Corporate Grove, in the southwest quarter of Section 26, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded January 31, 1997 as document 3928723, in Lake County, Illinois. Parcel Ik Easement for ingress and egress over the westerly 20 feet of Lot 2 in Corporate Grove first resubdivision, aforesaid, for the benefit of Parcel 1, as reserved on the plat of said resubdivision. SUBJECT PROPERTY COMMON DESCRIPTION: 1501 Busch Parkway, Buffalo Grove, IL (PIN 15-26-307-009) I Packet Pg. 95 1 4 GROUP EXHIBIT B Site Plan and BuildinI Elevations Sky Fitness Corporation 1501 Busch Parkway, Buffalo Grove, IL Packet Pg. 96 I T lu i f I X� Qjm:om J LU cl F)y �-.p onru . . . . .... ....... .... . .. z `1U O LL �q z 09 0 LU U) ld ...................... rt MM Mm ml;s I Packet Pg. 97 1 Packet Pg. 98 8.G Ordinance No. 0-2016-49 : Ordinance Amending Section 5.24.100, Hours, and Section 9.38.037, Construction Regulations -Hours of Work, of the Buffalo Grove Municipal Code ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. SUMMARY: This ordinance amends Section 5.24.100 to limit hours of solicitation to prior to nine a.m. or after eight p.m. of any weekday or any Saturday, or at any time on a Sunday or on a state or national holiday. It likewise amends the hours of work permitted for construction on weekends. ATTACHMENTS: • CHICAGO1-#675666-v1-Ordinance_-_Solicitor Times (DOC) Trustee Liaison Trilling Monday, October 17, 2016 Staff Contact Steven Casstevens, Police Updated: 10/12/2016 2:26 PM Page 1 Packet Pg. 99 8.G.a Underlined = addition c*,.� = deletion 10/11/2016 #675666 ORDINANCE NO. 2016 - AN ORDINANCE AMENDING SECTION 5.24.100, HOURS, AND SECTION 9.38.037, CONSTRUCTION REGULATIONS -HOURS OF WORK, OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and 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 recital is hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 5.24.100, Hours, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.24.100 - Hours. It is unlawful and constitutes a nuisance for any person, whether registered under this Chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, prior to nine a.m. or after eight ffiffe p.m. of any weekday or any Saturday, or at any time on a Sunday or on a state or national holiday. Section 3. Section 9.38.037, Construction regulations -hours of work, of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 9.38.037- Construction regulations- Hours of work No work associated with (a) interior construction that makes or causes to be made any noise or sounds of such volume or of such a nature as to cause annoyance to a Packet Pg. 100 8.G.a reasonable person of ordinary sensibilities, (b) the preparation of land for development, or (c) exterior construction or exterior reconstruction of a structure, shall be allowed to occur on any weekday prior to seven a.m. nor after seven p.m. No such activity shall be allowed to occur on either Saturday or Sunday prior to eight a.m. nor after seven p.m. Activities subject to these limitations shall include, but not be limited to, noise generating activities such as the operation of engines, equipment, hammers, power tools and similar equipment. The Village Engineer, or designee, may grant permission for work outside the above stated hours due to unique circumstances. Section 4. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 5. Any person violating any portion of this Ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: 2016 APPROVED: , 2016 PUBLISHED: , 2016 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk #675666 Packet Pg. 101 9.A Resolution No. R-2016-24 : Resolution Supporting the Transportation Lockbox Constitutional Amendment ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. The General Assembly approved HRJCA 36 on May 5, 2016, which submits to ballot an amendment to the Illinois Constitution, creating Section 11 of Article IX. The attached memorandum provides background information on the proposed amendment for Board review and consideration. ATTACHMENTS: • 10-17-16 Lockbox Transportation Amendment (DOCX) • CHICAG01-#676217-v1- Resolution_Supporting_the_Illinois_Transportation_Taxes_and_Fees_Lockbox_Am end ment (DOC) • Legislative - Lockbox Constitutional Amendment - CMAP Board Memo (PDF) Trustee Liaison Berman Monday, October 17, 2016 Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/14/2016 11:29 AM Page 1 Packet Pg. 102 9.A.a MEMORANDUM DATE: October 12, 2016 TO: President Beverly Sussman and Trustees FROM: Dane Bragg, Village Manager," , , SUBJECT: HRJCA 36 — Transportation Lock Box Amendment Is The General Assembly approved HRJCA 36 on May 5, 2016, which submits to ballot an amendment to the Illinois Constitution, creating Section I I of Article IX. As proposed, the constitutional amendment provides that: (a) No moneys, including bond proceeds, derived from taxes, fees, excises, or license taxes relating to registration, title, or operation or use of vehicles, or related to the use of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or to fuels used for propelling vehicles, or derived from taxes, fees, excises, or license taxes relating to any other transportation infrastructure or transportation operation, shall be expended for purposes other than as provided in subsections (b) and (c). (b) Transportation funds may be expended for the following: the costs of administering laws related to vehicles and transportation, including statutory refunds and adjustments provided in those laws; payment of highway obligations; costs for construction, reconstruction, maintenance, repair, and betterment of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or other forms of transportation; and other statutory highway purposes. Transportation funds may also be expended for the State or local share of highway funds to match federal aid highway funds, and expenses of grade separation of highways and railroad crossings, including protection of at -grade highways and railroad crossings, and, with respect to local governments, other transportation purposes as authorized by law. (c) The costs of administering laws related to vehicles and transportation shall be limited to direct program expenses related to the following: the enforcement of traffic, railroad, and motor carrier laws; the safety of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports; and the construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways, under any related provisions of law or any purpose related or incident to, including grade separation of highways and railroad crossings. The limitations to the costs of administering laws related to Page 1 of 3 Packet Pg. 103 9.A.a vehicles and transportation under this subsection (c) shall also include direct program expenses related to workers' compensation claims for death or injury of employees of the State's transportation agency; the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway rights -of -way or for investigations to determine the reasonable anticipated future highway needs; and the making of surveys, plans, specifications, and estimates for the construction and maintenance of flight strips and highways. The expenses related to the construction and maintenance of flight strips and highways under this subsection (c) are for the purpose of providing access to military and naval reservations, defense -industries, defense - industry sites, and sources of raw materials, including the replacement of existing highways and highway connections shut off from general use at military and naval reservations, defense -industries, and defense -industry sites, or the purchase of rights -of -way. (d) None of the revenues described in subsection (a) of this Section shall, by transfer, offset, or otherwise, be diverted to any purpose other than those described in subsections (b) and (c) of this Section. (e) If the General Assembly appropriates funds for a mode of transportation not described in this Section, the General Assembly must provide for a dedicated source of funding. (f) Federal funds may be spent for any purposes authorized by federal law. The following table summarizes how each of our legislators voted on HRJCA 36, and if he/she participated as a sponsor: ................................................................................................................................................................................................................................................................................................................................................................................... Le islator Vote S onsor Senator Mur h� Yes Yes Senator Morrison ................................................................._..................�.�.�.�.�.�.�.�.�.�.�.�.�.�.�. �.�..��ri�k Yes No � Senator Yes N Nekritz ..Representative.Sente.............��.�.�y��.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.� No I .Representative No �.�.N�_�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.� The constitutional amendment will be submitted to voters in the General Election, to be held on November 8. In order to approve the amendment, not less than 60 percent of those casting votes must vote "yes." A guide to the referendum question was published by Illinois Secretary of State Jesse White and mailed to each household with registered voters in Illinois. The proposed constitutional amendment has been reviewed by both the Illinois Municipal League and the Northwest Municipal Conference. The Illinois Municipal League has not taken a osp ition on the amendment. In speaking with NWMC, they have also elected to not take a position. Some concerns noted with the amendment include possible restrictions that could loosely be associated with transportation taxes, such as vehicle stickers, and that it could force legislators to cut other municipal revenue streams such as LGDF and CPPRT if transportation funds were sequestered. Page 2 of 3 Packet Pg. 104 9.A.a The Chicago Metropolitan Agency for Planning (CMAP) issued a memorandum on September 20 with analysis of HRJCA 36, a copy of which is attached for Board review. Staff reviewed HRJCA 36 and noted that the following advantages could be associated with the passage of the lockbox amendment: 1. Dedicated funds for local road, bridge, path and rail crossing projects; 2. Creation of "dedicated funding" language; and 3. Elimination of possible "sweeps" of MFT funds by the General Assembly. Staff also noted the following possible disadvantages: 1. Elimination or reduction of other state shared revenues by virtue of lack of available funds for state operations and obligations; 2. Additional single audit requirements and expense for restricted funds; 3. Unknown future changes concerning the use of funds for certain maintenance operations (e.g. road salt) by the Joint Committee on Administrative Rules (JCAR); and 4. Inability to transfer or reallocate funds from year to year based on financial need. There have been a number of editorials issued about the proposed amendment with mixed reviews. Below are a few links to opinion sources in state and regional media outlets: Capitol Fax, October 5, 2016 Chicago Tribune, September 6, 2016 Daily Herald, Mami Pyke Column, September 12, 2016 Chicago Sun Times, October 5, 2016 As evidenced in the editorials (as well as others written throughout the state), there is no clear consensus on the overall efficacy of the amendment, as proposed. Finally, it should be noted that Section 5-15 of the State Officials and Employees Ethics Act (5 ILCS 430/5-15) limits the corporate authorities' activities relative to the proposed constitutional amendment to those which are "otherwise in furtherance of the person's official State duties or governmental and public service functions (5 ILCS 430/1-5)." This section further defines several "prohibited political activities" in any official capacity pertaining to soliciting votes, circulating petitions, mailing campaign literature, campaign signs or participating in a recount, among others, for or against any referendum question. Accordingly, it is recommended by the Village Attorney that the Village Board limit its discussion of this agenda item to the factual basis of the referendum question and avoid any appearance of advocating for voters to support or oppose the referendum. Page 3 of 3 Packet Pg. 105 9.A.b 10/10/2016 N RESOLUTION NO. 2016 - 0 N A RESOLUTION DECLARING SUPPORT FOR THE W ILLINOIS TRANSPORTATION TAXES AND FEES LOCKBOX AMENDMENT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the Village of Buffalo Grove recognizes the importance of transparency in governmental financing and providing sufficient funds to maintain the existing highway, mass transit and railroad crossing systems; and, WHEREAS, the General Assembly of the State of Illinois has passed House Joint Resolution Constitutional Amendment 36, attached here as Exhibit A and commonly referred to as the Illinois Transportation Taxes and Fees Lockbox Amendment (the "ITTFLA"); and, WHEREAS, the ITTFLA has been put on the general election ballot for November 8, 2016; and, WHEREAS, the ITTFLA will add Section 11 to Article IX of the Illinois Constitution that provides revenue generated from transportation related taxes and fees ("Transportation Funds") shall be used exclusively for transportation related purposes; and, WHEREAS, Transportation Funds include motor fuel taxes, vehicle registration fees, and other taxes and user fees dedicated to public highways, roads, streets, bridges, mass transit (buses and rail), ports, or airports; and, WHEREAS, under ITTFLA, Transportation Funds may be used by the State of Illinois and local governmental units only for: (1) costs related to administering transportation and vehicle laws; (2) the State or local share necessary to secure federal funds or for local government transportation purposes as authorized by law; (3) the construction, reconstruction, improvement, repair, maintenance, and operation of highways, mass transit, and railroad crossings; (4) expenses related to workers' compensation claims for death or injury of transportation agency employees; and (5) to purchase land for building highways or buildings for to be used for highway purposes. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, AS FOLLOWS: SECTION 1: The foregoing findings and recitals, and each of them, are hereby adopted as Section 1 of this Resolution and are incorporated by reference as if set forth verbatim herein. SECTION 2: The President and Board of Trustees do hereby declare their support for the ITTFLA as a mechanism to ensure both transparency in governmental financing and providing sufficient funds to maintain the existing highway, mass transit and railroad crossing systems. Packet Pg. 106 9.A.b SECTION 3: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. All prior resolutions, motions and orders in conflict herewith c are hereby repealed, to the extent of such conflict. AYES: NAYES: ABSENT: ABSTAIN: PASSED: , 2016 APPROVED: , 2016 ATTEST: JANET SIRABIAN, Village Clerk APPROVED: BEVERLY SUSSMAN, Village President 9676217 2 Packet Pg. 107 9.A.b EXHIBIT A ARTICLE IX — REVENUE SECTION 11. TRANSPORTATION FUNDS (a) No moneys, including bond proceeds, derived from taxes, fees, excises, or license taxes relating to registration, title, or operation or use of vehicles, or related to the use of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or to fuels used for propelling vehicles, or derived from taxes, fees, excises, or license taxes relating to any other transportation infrastructure or transportation operation, shall be expended for purposes other than as provided in subsections (b) and (c). (b) Transportation funds may be expended for the following: the costs of administering laws related to vehicles and transportation, including statutory refunds and adjustments provided in those laws; payment of highway obligations; costs for construction, reconstruction, maintenance, repair, and betterment of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, airports, or other forms of transportation; and other statutory highway purposes. Transportation funds may also be expended for the State or local share of highway funds to match federal aid highway funds, and expenses of grade separation of highways and railroad crossings, including protection of at -grade highways and railroad crossings, and, with respect to local governments, other transportation purposes as authorized by law. (c) The costs of administering laws related to vehicles and transportation shall be limited to direct program expenses related to the following: the enforcement of traffic, railroad, and motor carrier laws; the safety of highways, roads, streets, bridges, mass transit, intercity passenger rail, ports, or airports; and the construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways, under any related provisions of law or any purpose related or incident to, including grade separation of highways and railroad crossings. The limitations to the costs of administering laws related to vehicles and transportation under this subsection (c) shall also include direct program expenses related to workers' compensation claims for death or injury of employees of the State's transportation agency; the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway rights -of -way or for investigations to determine the reasonable anticipated future highway needs; and the making of surveys, plans, specifications, and estimates for the construction and maintenance of flight strips and highways. The expenses related to the construction and maintenance of flight strips and highways under this subsection (c) are for the purpose of providing access to military and naval reservations, defense -industries, defense -industry sites, and sources of raw materials, including the replacement of existing highways and highway connections shut off from general use at military and naval reservations, defense -industries, and defense -industry sites, or the purchase of rights -of -way. (d) None of the revenues described in subsection (a) of this Section shall, by transfer, offset, or otherwise, be diverted to any purpose other than those described in subsections (b) and (c) of this Section. 3 a ., N O O N u Packet Pg. 108 9.A.b N (e) If the General Assembly appropriates funds for a mode of transportation not described in this c Section, the General Assembly must provide for a dedicated source of funding. (f) Federal funds may be spent for any purposes authorized by federal law. E Packet Pg. 109 9.A.c Ir III r .r forPlanning MEMORANDUM From: CMAP Staff Date: September 20, 2016 Re: Constitutional Amendment Regarding Transportation Revenues 233 South Wacker Drive Suite 800 Chicago, Illinois 60606 312 454 0400 www.cmap.illinois.gov House Joint Resolution Constitutional Amendment 36 ( RCA36) would amend the Illinois Constitution to restrict the use of transportation -related revenues for transportation purposes only, preventing transfers, offsets, or other diversions to non -transportation purposes. Language approved in House Joint Resolution 154 (1111 .154) will be placed on the November 8, 2016, statewide general election ballot. The measure will require 60 percent of voters approving the question -- more than a majority of those voting in the election -- to become part of the Illinois Constitution. The amendment supports the concept of transportation user fees, which is a core component of GO TO 2040's transportation policies. But the language within the amendment may not support CMAP's planning activities, various transportation support activities, and some modes like bicycle and pedestrian activities. Amending the Constitution is an extraordinary step for the General Assembly and Illinois voters to take, and, if approved, the proposed text would permanently govern how state and local governments support the transportation system. As such, it is important to identify points of clarification and potential unintended consequences of the proposed text. Background In recent years, similar "lockbox" measures have been adopted or considered in states such as in Maryland and Connecticut. While some analyses indicate that non -transportation diversions in Illinois have exceeded $6 billion over the past decade, CMAP analysis finds a smaller total. In fiscal years 2004 and 2015, a total of $519.5 million was diverted from the Road Fund, Motor Fuel Tax Fund, and State Construction Account via fund sweeps and chargebacks benefiting the General Revenue Fund. These sweeps were used to address other budget gaps, and they represent a small fraction of total transportation budgets in these years. Preventing similar Council of State Governments, "Transportation Trust Funds and Lockbox Protections," March 9, 2015, htap.Hknoimledgece nt.� r.csg,r:rg/lcc/content/traanspr i,tation-1trttst-fuun(Ils-a nd ]Vi)ck.l�)o c-protections. Packet Pg. 110 9.A.c transfers in the future would represent a small potential increase to total state transportation revenues. On the other hand, our state's and regions transportation networks do suffer from significant state of good repair needs, while funds to modernize or expand the system are limited. When those funds get swept, it is indeed a direct diversion from transportation revenues that runs contrary to GO TO 2040's support for depending on user fees to fund the transportation system. Key Considerations The following paragraphs summarize initial staff analysis of potential issues caused by ambiguities in the proposed amendment. It is unclear whether the amendment will leave intact the current flow of revenues and eligibility in the state and local transportation programs. The amendment text and the ballot language could be interpreted in ways that would prevent critical support for the transportation network. Lack of explicit support for planning. The proposed amendment does not explicitly define statewide and metropolitan planning as eligible activities, only referring directly to project -level engineering studies, which omits key steps in developing and implementing transportation improvements. If interpreted to allow planning activities, it is unclear whether the text would permit comprehensive regional planning, as required by CMAP's enabling legislation, or simply permit transportation planning. Moreover, the text lacks clarity on whether financial support for important activities including environmental reviews pursuant to the National Environmental Policy Act and other laws are eligible for transportation user fees. Lack of multimodal focus. The text of the proposed amendment is highway -oriented. While some references allow capital expenditures for non -highway modes, there is no explicit approval for the non -safety -related administrative costs for these other modes. The text also permits state and local agencies to use transportation user fees to provide local match to federal highway dollars, but it provides no corresponding language for federal transit dollars. Bicycle and pedestrian modes are not directly mentioned in the text, despite their importance in supporting livable communities and their current eligibility under several federal and state transportation programs. Lack of support for related activities. Federal, state, and local policies have increasingly reflected a broader understanding of transportation facilities over time, including multimodal and livability enhancements, as well as planning for associated land -use and environmental impacts. For instance, some transit projects have complex financing that includes a real estate component supporting the transportation facility, and projects may have negotiated commitments to mitigate environmental and community impacts. It is unclear whether improvements related to these ancillary activities would continue to be eligible under the proposed text. In addition, HJR154 restricts many operational expenses related to transportation to "direct program expenses" that maintain eligibility for program expenses related to enforcement of traffic, railroad, and motor carrier laws and safety of the transportation system. The Board Memo Page 2 of 4 September 2 Packet Pg. 111 9.A.c amendment does not define "direct program expenses," and there is ambiguity as to what may or may not be considered a direct program expense of administering laws related to transportation. It remains unclear whether the amendment would require the State of Illinois, local governments, or transportation implementers to change the way they fund transportation operations. Local option fees and potential limitations to home rule. It is unclear how the proposed amendment would affect municipal and county budgeting for transportation and non - transportation uses. Many local governments in the region raise revenues from the transportation system that are not always directly reinvested in transportation improvements, including vehicle registration stickers and local option motor fuel taxes (MFTs). In northeastern Illinois, 60 home rule municipalities impose local MFTs, while 83 home rule and 75 non -home rule municipalities impose local vehicle license fees.2 The amendment will restrict the use of any transportation revenues generated at the state and local levels to the eligibilities defined by the amendment. For example, it would appear to require non -home rule municipalities with vehicle license stickers to devote that revenue to transportation only. However, this language may be in conflict with Article VII of the Illinois Constitution, granting home rule municipalities and counties taxing authority. While the proposed amendment does not affect local governments' ability to tax, it certainly calls into question their ability to devote local transportation revenues to non -transportation purposes. However, the explanatory documents passed by the General Assembly in 1.I]1.154 states that the amendment "does not, and is not intended to ... alter home rule powers granted under this Constitution." It remains unclear whether home rule governments, including Cook County and many municipalities, could continue to freely use local option MFTs and vehicle license sticker revenues for any general purpose. The constilutional anendinenl does include language granting local governments the ability to use transportation revenues for eligible expenses outside of those enumerated in the amendment to "other transportation purposes authorized by law." This would appear to mean state law, giving the General Assembly and Governor the authority to define what other transportation uses local governments could spend transportation revenues on beyond what is allowed in the amendment. Need for "dedicated source of funding." Section (e) of the amendment requires the General Assembly to "provide for a dedicated source of funding" for any appropriation given to a mode of transportation "not described in [the amendment]." It is unclear if appropriations to bike, pedestrian, freight rail, waterways, or pipelines would need a separate, dedicated source of funding, since they are not specifically mentioned in the text of the amendment. Also unclear is whether general funds would be prohibited from being used by the General Assembly if they wish to appropriate funds for these unnamed modes. 2 Chicago Metropolitan Agency for Planning, "Use of local transportation user fees in northeastern Illinois," July 28, 2016, http:Hcmapais/2amuC C. Board Memo Page 3 of 4 September 2 Packet Pg. 112 9.A.c HJRCA36 includes various elastic clauses like "other statutory highway purposes" and "other transportation purposes authorized by law" that could be interpreted to allow IDOT and local governments to continue supporting multimodal activities, ancillary activities, and critical planning functions. But there is no guarantee that these activities would continue to be eligible, nor is it clear how practical budgeting considerations would be affected for state and local agencies. Next Steps CMAP and the GO TO 2040 plan clearly recommend development of user fees and increasing overall transportation revenues. But if narrowly interpreted, the proposed amendment could in fact limit the ability to expend a wide array of transportation revenues and fees on support services that are critical to maintaining the transportation network. In addition, the goal of limiting sweeps from the Road Fund to non -transportation uses is laudable, but it does not address the region's broader lack of transportation funding resources. If voters approve the amendment, the interpretation of the rules may be governed by rulemakings done by the state. Whether agencies will issue rulemakings, open questions also remain as to which agencies will do so, how they will interpret the amendment, and the role of the Joint Committee on Administrative Rules (JCAR). These ambiguities were discussed in a legislative intent dialogue in the Illinois General Assembly. However, an official record of that discussion is not currently available. It is likely that if questions persist and if there is disagreement over interpretations of the language, lawsuits will be filed to resolve those questions or disagreements, leaving the courts to be the ultimate arbiter of the constitutional language. CMAP staff has solicited input and analysis of the amendment from several stakeholders. That outreach is ongoing, and staff will produce further analysis of the amendment for the joint meeting of the CMAP Board and MPO Policy Committee in October. Board Memo Page 4 of 4 September 2 Packet Pg. 113 9.B Resolution No. R-2016-25 : A Resolution Authorizing Negotiation of Lease for the Buffalo Grove Golf Course Restaurant ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff seeks authorization to negotiate a lease agreement for the Buffalo Grove Golf Course Restaurant. Once negotiations are final, staff will bring the lease agreement back before the Village Board for approval. ATTACHMENTS: • Resolution_Authorizing_Negotiations (DOCX) Trustee Liaison Johnson Monday, October 17, 2016 Staff Contact Brett Robinson, Finance Updated: 10/12/2016 3:27 PM Page 1 Packet Pg. 114 9.B.a Resolution No. 2016 - A RESOLUTION AUTHORIZING NEGOTIATIONS WITH A RESTAURANT OPERATOR FOR A NEW LEASE AT THE BUFFALO GROVE GOLF CLUBHOUSE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the residents of the Village of Buffalo Grove and patrons of the Buffalo Grove Golf Course would be well served to have a restaurant on the Clubhouse premises ; and, WHEREAS, the Village Board has determined that it is in the best interests of the Village to authorize the Village Manager to negotiate terms and develop a lease agreement with a restaurant operator. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby incorporated and made a part of this o N Resolution. W N C O SECTION 2. The Village Manager is hereby authorized and directed to negotiate a O lease agreement between the Village of Buffalo Grove and a restaurant operator. z c SECTION 3. This Resolution shall be in full force and effect from and after its N passage and approval. a c O 0 N G1 r+ C G1 E L V r� a 1 Packet Pg. 115 9.B.a AYES: NAYS: ABSENT: PASSED: 2016 APPROVED: 2016 ATTEST: Village Clerk APPROVED: Village President 2 Packet Pg. 116 9.0 Ordinance No. 0-2016-50 : Ordinance Approving an Amendment to the Annexation Agreement to Allow for a 350 Square Foot Building Addition for Speedway at 201 Milwaukee Avenue ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. In 1993, the Village approved Ordinance No. 93-43 allowing for the annexation and construction of a new Speedway gas station at 201 N Milwaukee Avenue. The terms of the annexation agreement were for 25 years or until 2018. Staff has recently been approached by Speedway who is seeking approval for an approximately 350 square foot addition to the existing building to allow for additional beer coolers. Since the original annexation agreement did not contemplate the proposed addition, an amendment is required. ATTACHMENTS: • BOT Memo (DOCX) • Draft Ordinance (DOCX) • Final Draft Annex Amend 10.4.15 (DOC) • Exhibit B (Site Plan) to Amended Agreement (PDF) • Exhibit C (Elevations) to Amended Agreement (PDF) Trustee Liaison Weidenfeld Monday, October 17, 2016 Staff Contact Chris Stilling, Community Development Updated: 10/13/2016 1:39 PM Page 1 Packet Pg. 117 9.C.a DATE: TO: FROM: SUBJECT October 12, 2016 President Beverly Sussman and Trustees Christopher Stilling, Director of Community Development Consider an Amendment to the Existing Annexation Agreement Ordinance No. 93-43 for Speedway Located at 201 N Milwaukee Avenue BACKGROUND In 1993, the Village approved Ordinance No. 93-43 allowing for the annexation and construction of a new Speedway gas station at 201 N Milwaukee Avenue. The terms of the annexation agreement were for 25 years or until 2018. Staff has recently been approached by Speedway who is seeking approval for an approximately 350 square foot addition to the existing building to allow for additional beer coolers. Since the original annexation agreement did not contemplate the proposed addition, an amendment is required. STAFF ANALYSIS The existing Speedway is approximately 3,335 square feet in area. The owners are proposing to construct an approximately 350 square foot addition to the east side of the existing building to accommodate additional coolers for the sale of beer. The proposed addition would meet all zoning requirements however since the original annexation agreement did not contemplate the proposed addition, the amendment is required. RECOMMENDATION Staff recommends that the Village Board approve the attached ordinance and annexation agreement amendment. Page 1 of 1 Packet Pg. 118 9.C.b October 11, 2016 ORDINANCE NO. 2016 - XX AN ORDINANCE APPROVING THE FIRST AMENDMENT OF THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Village entered into an Annexation Agreement approved June 7, 1993 with Emro Marketing Company which was approved by Village Ordinance No. 93-43 (hereinafter referred to as the "Original Agreement") for the real property ("Property') legally described in EXHIBIT A hereto; and, WHEREAS, Owner is the owner of a certain tract of property ("Property") comprising 1.9 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, known as 201 N Milwaukee Avenue; and, WHEREAS, Owner has requested approval of an amendment to the original Preliminary Plan to build a 350 square foot addition; and, WHEREAS, the Village Board has determined that it is in the best interest of the Village of Buffalo Grove to approve the first 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. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding Whereas clauses are incorporated herein. Section 2. The amended Annexation Agreement, a copy of which is attached hereto and Packet Pg. 119 9.C.b 2 made a part hereof as EXHIBIT B, 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: NAYS: ABSENT: PASSED: ATTEST: Village Clerk This document was prepared by: Christopher Stilling 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 APPROVED: APPROVED: Beverly Sussman, Village President Packet Pg. 120 9.C.b PnrrPI 1 Parral 7 Parral ParrPl 4 m 3 �a 3 EXHIBIT A AN ORDINANCE APPROVING THE FIRST AMENDMENT OF THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS Legal Description Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens, being a Subdivision of Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof, recorded July 10, 1926 as Document 282352, in Book "P" of Plats, page 92 in Lake County, Illinois. The Westerly % of the alley Easterly and adjoining Lot 21 in Block 3, and the Easterly half of the Alley Westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian Gardens aforesaid, vacated by the instrument recorded April 3, 1978 as Document 1907357 in Lake County, Illinois. Lots 14, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 in Block 3 in Unit 2 of Columbian Gardens, being a Subdivision in Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof, recorded July 10, 1926, as Document 282352, in Book "P" of Plats, page 92, in Lake County, Illinois. The South Westerly half of vacated alley lying North Easterly and adjoining Lots 14 to 20, both inclusive, in Parcel 1, and the North Easterly half of the vacated alley lying South Westerly and adjoining Lots 23 and 24, and that part lying South Westerly and adjoining and accruing Lot 25, Parcel 1, vacated by the Instrument recorded April 28, 1978, as Document 1913494, in Lake County, Illinois; and to the far side of any adjacent unincorporated highway. PARCEL INDEX NUMBER: 15-35-402-111 SUBJECT PROPERTY COMMON ADDRESS: 201 N Milwaukee Avenue Buffalo Grove, IL 60089 Packet Pg. 121 9.C.b M EXHIBIT B AN ORDINANCE APPROVING THE FIRST AMENDMENT OF THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS First Amendment to the Annexation Aereement m a� ca Packet Pg. 122 9.C.c FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, ILLINOIS This agreement ("First Amendment") is made and entered into as of this 17th day of October, 2016 by and between the Village of Buffalo Grove ("Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and Speedway LLC, a Delaware limited liability company and successor -by -merger to Emro Marketing Company ("Owner") WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, the Village entered into an Annexation Agreement approved June 7, 1993 with Emro Marketing Company which was approved by Village Ordinance No. 93-43 (hereinafter referred to as the "Original Agreement") for the real property ("Property") legally described in EXHIBIT A hereto; and, WHEREAS, Owner is the owner of a certain tract of property ("Property") comprising 1.9 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, known as 201 N Milwaukee Avenue; and, WHEREAS, Owner has requested approval of an amendment to the original Preliminary Plan to build a 350 square foot addition as depicted on EXHIBIT B and EXHIBIT C and made a part hereof, and, WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 IL,CS 5111-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule Powers, a proposed First Amendment to the Original Agreement for a revised Preliminary Plan was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that an amendment to the Original Agreement ("First Amendment") approving the preliminary plan request for the Property would serve the best interests of the Village; and, Packet Pg. 123 9.C.c WHEREAS, the following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the President and Board of Trustees prior to the execution of this First Amendment, are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBIT A Legal Description EXHIBIT B Site Plan (1 page) EXHIBIT C Building Elevations (1 page) NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. The preceding Whereas clauses are incorporated herein. 2. That certain Annexation Agreement dated June 7, 1993 approved by Ordinance No. 93-43 is hereby amended to allow the construction on the Property of an addition to the existing building as depicted in EXHIBIT B and EXHIBIT C. 3. All references, conditions and obligations to the Property in the Original Agreement not otherwise amended by this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Corporate Authorities and Owner 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. ATTEST: 13 VILLAGE CLERK VILLAGE OF BUFFALO GROVE By BEVERLY SUSSMAN, Village President 2 Packet Pg. 124 9.C.c This document prepared by: Christopher Stilling Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, Illinois 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 SPEEDWAY LLC, A DELAWARE LIMITED LIABILITY COMPANY LM Gregory S. Whitman, Director of Real Estate and Operations Planning #675890 3 Packet Pg. 125 9.C.c Parcel 1 Parcel 2 Parcel 3 Parcel 4 EXHIBIT A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS Legal Description Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens, being a Subdivision of Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof, recorded July 10, 1926 as Document 282352, in Book "P" of Plats, page 92 in Lake County, Illinois. The Westerly '/z of the alley Easterly and adjoining Lot 21 in Block 3, and the Easterly half of the Alley Westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian Gardens aforesaid, vacated by the instrument recorded April 3, 1978 as Document 1907357 in Lake County, Illinois. Lots 14, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 in Block 3 in Unit 2 of Columbian Gardens, being a Subdivision in Section 35, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof, recorded July 10, 1926, as Document 282352, in Book "P" of Plats, page 92, in Lake County, Illinois. The South Westerly half of vacated alley lying North Easterly and adjoining Lots 14 to 20, both inclusive, in Parcel 1, and the North Easterly half of the vacated alley lying South Westerly and adjoining Lots 23 and 24, and that part lying South Westerly and adjoining and accruing Lot 25, Parcel 1, vacated by the Instrument recorded April 28, 1978, as Document 1913494, in Lake County, Illinois; and to the far side of any adjacent unincorporated highway. PARCEL INDEX NUMBER: 15-35-402-111 SUBJECT PROPERTY COMMON ADDRESS: 201 N Milwaukee Avenue Buffalo Grove, IL 60089 E Packet Pg. 126 9.C.c EXHIBIT B FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS Site Plan 5 Packet Pg. 127 9.C.c EXHIBIT C FIRST AMENDMENT TO THE ANNEXATION AGREEMENT FOR SPEEDWAY SERVICE STATION AT 201 N MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS Building Elevations I Packet Pg. 128 a I■I1+1J R I '3AOb0 OIV�JA9 A1Nf100 DVtl 3AN 33NnymiiI'j N 10Z 1D3f Hd 13001NAH NVId iMd UJ U !' �� € as e an MI 0111 H,$ r� 's e a pgo $ J a� a" "ga� $ c a J le m m � ^��d . AV � ° < ] [ ` �M� S } m!!v� e1n7 f \ . m & � � # {, , \7 ` 6 | ! �v @ § § • , © § t -- �E � x x ~ _ . ; >. ) x - B is q } ~ ~ �`■ � � � � oil . - ® •! , " / B ^ I Nq \ \ , t ] ------ � & . /- q § m 9.D Ordinance No. 0-2016-51 : Ordinance Amending Chapter 5.20 - Liquor Controls, of the Buffalo Grove Municipal Code ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. The proposed amendment would allow Class D1 License holders a total display area for beer and wine, including floor sale area and cooler or display case, a maximum of ten percent (10%) of the total square footage of the building. ATTACHMENTS: • D1 Amendment Board Memo 9-30-16 (DOCX) • Ordinance_Amending_Class_D1_Liquor_License (DOC) Trustee Liaison Staff Contact Sussman Julie Kamka, Community Development Monday, October 17, 2016 Updated: 10/13/2016 1:40 PM Page 1 Packet Pg. 131 9.D.a VILLAGE OF BUFFALO 11: ,i DATE: October 10, 2016 TO: Dane Bragg, Village Manager FROM: Julie Kamka, Deputy Village Clerk/Administrative Assistant SUBJECT: Amendment to the Class D1 Liquor License BACKGROUND is Speedway, 201 N. Milwaukee Avenue, has submitted a permit application to construct a 327 square foot cooler addition to their existing 3,335 square foot building to accommodate their growing microbrewery sales. The current Class D1 Liquor License restrictions are as follows: 1. Premises must have a state license for a filling station where gasoline or other fuel is provided for motor vehicles. 2. Two display areas for beer and wine shall be allowed on the premises as follows: a. A display area of not to exceed twenty-five square feet of floor sale area, and b. A display area in a cooler or display case which does not have more than eleven lineal feet of cooler or display door frontage. 3. No sale of beer or wine shall be allowed to any patron who is occupying a motor vehicle at the time of sale. 4. No sale of beer or wine shall be allowed from a drive-in window or other similar opening in the licensed premises to any patron who is occupying a motor vehicle at the time of sale. STAFF ANALYSIS Staff conducted a survey among other municipalities and of those that issue liquor licenses to fueling stations, some imposed restrictions while others did not. In order to accommodate Speedway's proposal, the Class D1 License would need to be modified. As a result, staff is proposing to modify Sub- section 2. of the current D1 license to read as follows: 2. Total display area for beer and wine, including floor sale area and cooler or display case, shall not exceed ten percent (10%) of the total square footage of the building. The proposed amendment would accommodate the 327 square foot walk in cooler and still leave 36 square feet of sales floor area for wine. RECOMMENDATION Staff recommends approval of the Ordinance. J Packet Pg. 132 9.D.b Underlined = addition Stfik ett� = deletion 09/28/2016 #675681 ORDINANCE NO. 2016 - a� U J L O AN ORDINANCE AMENDING CHAPTER 5.20, LIQUOR CONTROLS, a J OF THE BUFFALO GROVE MUNICIPAL CODE N fA !C U C WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and E a 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: N O Section 1. The foregoing recital is hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. a Section 2. Subsection D 1. of Section 5.20.070, Licenses -Classifications -Fees, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.20.070. Licenses -Classifications -Fees. D1. Class D1 licenses, authorizing retail sale of beer and wine on the specified premises, to be sold only in the original packages and then for consumption off the premises only. The annual fee for each license shall be one thousand eight hundred dollars. Class D1 licenses shall be subject to the following conditions and limitations: Premises must have a state license for a filling station where gasoline or other fuel is provided for motor vehicles. 2. Total display area for beer and wine, including floor sale area and cooler or display case, shall not exceed ten percent 10%) of the total square footage of the building. Two display areas for- beer- and wine shall be allowed on the. f6 a. A display afea of not to exeeed t-wenty five sqttafe feet of Poor- sale afea, and Packet Pg. 133 9.D.b 3. No sale of beer or wine shall be allowed to any patron who is occupying a motor vehicle at the time of sale. c 4. No sale of beer or wine shall be allowed from a drive-in window or other as similar opening in the licensed premises to any patron who is occupying a motor o vehicle at the time of sale. a J Section 3. If any section, paragraph, clause or provision of this Ordinance shall be held N invalid, the invalidity thereof shall not affect any other provision of this Ordinance. c.> Section 4. Any person violating any portion of this Ordinance shall be punished a� according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. E Section 5. This Ordinance shall be in full force and effect from and after its passage, Q approval and publication. This Ordinance may be published in pamphlet form. c AYES: N O NAYES: v°', c ABSENT: J PASSED: , 2016 APPROVED: , 2016 PUBLISHED: ATTEST: Janet Sirabian, Village Cleric #675681 2016 APPROVED: Beverly Sussman, Village President Packet Pg. 134 9.E Ordinance No. 0-2016-52 : Ordinance Amending Chapter 5.20, Liquor Controls, of the Buffalo Grove Municipal Code ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. A request has been made to the Village to allow the bringing of alcoholic liquor into a premises that has a Village liquor license; commonly referred to as bring your own bottle or BYOB. Upon review and discussion with the Village's Liquor Commissioner, an Ordinance was drafted to create a BYOB License for Licensees holding a Class A, B, E, F, G1, G2, G3, G4, G5, G7, or K liquor license. Pursuant to discussion at the September 12 Committee of the Whole meeting, staff recommends a license fee of $150 annually to offset administrative processing costs. ATTACHMENTS: • CHICAGO1-#670973-v1-BYOB_Ordinance 10-5-16 (DOC) Trustee Liaison Sussman Monday, October 17, 2016 Staff Contact Chris Stilling, Community Development Updated: 10/13/2016 1:42 PM Page 1 Packet Pg. 135 9.E.a Underlined = addition c*,.� = deletion 10/05/2016 #670973 ORDINANCE NO. 2016 - AN ORDINANCE AMENDING CHAPTER 5.20, LIQUOR CONTROLS, OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, a request has been made to the Village to allow the bringing of alcoholic liquor into a premises that has a Village liquor license; commonly referred to as bring your own bottle or BYOB. NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 5.20.105 of the Buffalo Grove Municipal Code is hereby amended to read as follows: .. .. � s:esenrssersz�n......... .. Packet Pg. 136 9.E.a 5.20.105 Bring Your Own Bottle (BYOB) A. Any person or entity with a Village Class A B E F G1 G2 G3 G4 GS G7 or K liquor license under Section 5.20.070 may apply for a bring your own bottle ("BYOB") License pursuant to this Section 5.20.105. B. A BYOB license allows within the area specifically designated in the license as the premises, the immediate consumption of alcoholic beverages that were not purchased on the premises but were brought to the premises by patrons, subject to the following conditions: 1. Patrons may only consume commercially manufactured beer (as defined by 235 ILCS 5/1-3.04) or wine (as defined by 235 ILCS 5/1-3.03); 2. Any patron who brings alcohol under this license to the premises for consumption must give the alcohol to a BASSET qualified employee of the licensee who shall inspect the alcohol to ensure that it is commercially manufactured beer or wine (as outlined above) and in its original sealed container. The BASSET qualified employee shall open the alcohol for the patrons at their table and patrons may not open their own alcoholic beverages until they are inspected as provided herein; 3. Patrons will not be allowed to leave the premises with open alcohol containers; however, if a patron wishes to cork their wine bottle, the corking must comply with 235 ILCS 5/6-33 and the licensee must place the bottle of wine in a securely sealed, transparent one-time use tamper -proof bag; 4. Any alcohol not consumed by the patron and not corked in accordance with Subsection B.3 above shall be destroyed by the licensee, 5. The annual fee for each license shall be one -hundred and fiftv dollars: 6. Alcohol under this license shall only be consumed with food; 7. The licensee may a corking fee or comparable fee for uncorking or opening bottles under this license. C. A BYOB license shall be automatically revoked if the licensee liquor license under Section 5.20.070 is revoked. D. The BYOB liquor licensee shall comply with all the provisions of Chapter 5.20 of the Buffalo Grove Municipal Code. E. A BYOB license shall onlv be effective for the hours of oaeration of the underlviniz Village liquor license. Section 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 4. Any person violating any portion of this Ordinance shall be punished according to the provisions of Section 5.20.260 of the Buffalo Grove Municipal Code. Section 5. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. Packet Pg. 137 9.E.a AYES: NAYES: ABSENT: PASSED: , 2016 APPROVED: 2016 PUBLISHED: .2016 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk #670973 Packet Pg. 138 Action Item : Refer Woodman's and Shorewood Development Group's Petition to the November 2, 2016 Planning & Zoning Commission Meeting ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends that the Village Board refer this item to the November 2, 2016 Planning & Zoning Commission (PZC) for further review and consideration. Shorewood Development Group (SDG) is the contract purchaser of the 25 acre property located at the northwest corner and the southwest corner of Milwaukee Avenue and Deerfield Parkway commonly referred to as the Berenesa Plaza Property. SDG currently has an agreement with Woodman's Food Markets (Woodman's) allowing them to acquire approximately 20 acres of the parcel to develop a 242,000 square foot Grocery Store located on the northwest corner of the intersection. Subsequent to the PZC public hearing and recommendation on September 21, 2016, the petitioner's have requested changes to the site plan requiring additional review by the PZC. Therefore, staff recommends that the Village Board refer this item back to the PZC for review and consideration of the revised plan. This item will be heard at the November 2, 2016 PZC meeting. ATTACHMENTS: • BOT Memo (DOCX) Trustee Liaison Berman Monday, October 17, 2016 Staff Contact Chris Stilling, Community Development Updated: 10/12/2016 2:30 PM Page 1 Packet Pg. 139 11.A.a VILLACE",, OF DATE: TO: FROM: SUBJECT October 12, 2016 President Beverly Sussman and Trustees Christopher Stilling, Director of Community Development Request to Refer the Amendment to the Berenesa Plaza Annexation Agreement Back to the November 2, 2016 Planning & Zoning Commission Meeting BACKGROUND Shorewood Development Group (SDG) is the contract purchasers of the 25 acre property located at the northwest corner and the southwest corner of Milwaukee Avenue and Deerfield Parkway commonly referred to as the Berenesa Plaza Property. SDG currently has an agreement with Woodman's Food Markets (Woodman's) allowing them to acquire approximately 20 acres of the parcel to develop a 242,000 square foot Grocery Store located on the northwest corner of the intersection. On September 21, 2016, the Planning & Zoning Commission held a public hearing to consider the necessary zoning approvals for the project. Ultimately, the PZC unanimously recommended approval of the proposed project. Subsequent to the PZC public hearing and recommendation, the petitioners have requested changes to the site plan by relocating the carwash, quick lube and gas station to the parcel on the north side of Deerfield Parkway. Due to the substantial change in the plans, the project requires a referral back to the PZC for further review and consideration. The following is a revised (tentative) schedule: Meeting Action October 17th Village Board Meeting Refer zoning item back to the November 2nd PZC meeting. The Public Hearing will also be continued to the December 5th Village Board meeting November 2nd PZC Meeting PZC to reopen the public hearing to hear changes to the plan. PZC will be asked to make a new recommendation to the Village Board November 16th PZC Meeting (If needed) 2nd PZC Meeting in case there are revisions to the plan December 5th Village Board Meeting Village Board to reopen the Public Hearing for the annexation agreement and consider an ordinance on the development. RECOMMENDATION Staff recommends that the Village Board refer this item to the November 2, 2016 Planning & Zoning Commission (PZC) for further review and consideration of the revised plan. Page 1 of 1 Packet Pg. 140