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2017-08-21 - 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 - Jul 17, 2017 7:30 PM B. Village Board - Committee of the Whole - Aug 7, 2017 6:30 PM 3. Approval of Warrant A. Approval of Warrant #1279 (Trustee Johnson) (Staff Contact: Scott Anderson) 4. Village President's Report A. Special Recognition for David Posner (President Sussman) (Staff Contact: Dane Bragg) B. Recognizing Brenda Field for Receiving the James A. Tidwell Award for Journalism Education (President Sussman) (Staff Contact: Dane Bragg) C. Proclamation Recognizing the Buffalo Grove Park District's BG Singers' Twenty -Fifth Anniversary (President Sussman) (Staff Contact: Dane Bragg) 5. Village Manager's Report 6. Special Business 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 Recognizing Payroll Week (President Sussman) (Staff Contact: Scott Anderson) SUMMARY: The Village of Buffalo Grove supports the efforts of Village staff who work on payroll by proclaiming the first full week of September Payroll Week. B. Request for Qualifications - Engineering Services (Trustee Stein) (Staff Contact: Brett Robinson) SUMMARY: Staff seeks authorization to Request Qualifications (RFQ) to procure professional engineering services from a group of qualified and approved engineers to help design, specify, and provide documentation for the bidding of projects related to utility, drainage, and roadway projects. C. 0-2017-29 An Ordinance Amending Chapter 10 of the Village of Buffalo Grove Municipal Code (Trustee Berman) (Staff Contact: Darren Monico) SUMMARY: The attached ordinance codifies recently installed yield signs into the Village Code. D. 0-2017-30 An Ordinance Amending Chapter 5.20, Liquor Controls (President Sussman) (Staff Contact: Julie Kamka) SUMMARY: The Class D liquor license for Pardeep, Inc. as franchisee for 7-Eleven, Inc. at 1165 Weiland Road is hereby rescinded effective September 26, 2017. Pardeep, Inc. will no longer be the Franchisee. A Class D liquor license is reserved for Malhotra Enterprises, Inc. as franchisee for 7-Eleven, Inc. at 1165 Weiland Road. This reservation is subject to the applicant completing Village requirements for said license on or before September 26, 2017. E. 0-2017-31 An Ordinance Updating Title 12 - Streets, Sidewalks, and Other Public Places (Trustee Stein) (Staff Contact: Darren Monico) SUMMARY: The following statement was added to Section 12.20.070 of the Village Code: "A dead, diseased, or dying tree over eight feet (8') in height on any property in the Village is hereby declared a nuisance and the owner thereof shall remove the same at ground level." F. 0-2017-32 An Ordinance Amending Chapter 5.20 - Liquor Controls (President Sussman) (Staff Contact: Julie Kamka) SUMMARY: Based upon the request of the licensee, the Class E liquor license for The Noodle Shop, Co.- Colorado Inc. d/b/a Noodles & Co. at 1209 W. Dundee Road is hereby rescinded. G. 0-2017-33 An Ordinance Approving a Special Use for a Child Day Care Home at 330 University Drive (Trustee Ottenheimer) (Staff Contact: Chris Stilling) SUMMARY: The petitioners are requesting a Special Use to operate a child day care home at 330 University Drive. The child day care home would provide care for up to 8 children ages 2 to 5 years old. The Planning & Zoning Commission recommended unanimous approval, subject to conditions in the attached Ordinance. Staff concurs with this recommendation. H. 0-2017-34 An Ordinance Approving Variations to the Sign Code for the Four Points by Sheraton on 900 West Lake Cook Road (Trustee Stein) (Staff Contact: Chris Stilling) SUMMARY: The petitioner, Four Points by Sheraton on 900 West Lake Cook Road, is seeking two variations related to signage. The first variation is to move its existing ground sign off premise and the second variation is to replace the existing wall sign with a new sign that would exceed the maximum area allowed by the code. The Planning & Zoning Commission unanimously recommended approval of the request, subject to a condition in the attached Ordinance. 0-2017-35 Ordinance Approving a Special Use and Variation for Aptakisic School at 1231 Weiland Road (Trustee Ottenheimer) (Staff Contact: Chris Stilling) SUMMARY: Aptakisic-Tripp School District 102 is proposing an addition to the existing Aptakisic School located at 1231 Weiland Road. As a result of the changes, a special use is required. Furthermore, to accommodate the existing school, a variation for a side yard setback reduction is also required. The Planning & Zoning Commission unanimously recommended approval of the special use and variation. 0-2017-36 Ordinance Amending Table of Offenses and Fines for Solicitation Violations (Trustee Berman) (Staff Contact: Jenny Maltas) SUMMARY: Due to the increased number of solicitors soliciting without permits, largely energy companies, the attached ordinance makes soliciting without a permit a "must appear" violation. Additionally, the fine has been changed to $100 which is consistent with the recommendation made at the August 7th COW meeting. K. R-2017-23 Resolution Relating to the Semi -Annual Review of Closed Session Minutes (Clerk Sirabian) (Staff Contact: Julie Kamka) SUMMARY: The Corporate Authorities have determined that the following set of closed session minutes no longer require confidential treatment and are available for public inspection. 9. Ordinances and Resolutions A. R-2017-24 Resolution Approving an Amended and Restated Intergovernmental Agreement Between the Villages of Long Grove and Buffalo Grove Concerning Administrative Adjudication and Other Matters (Trustee Weidenfeld) (Staff Contact: Jenny Maltas) B. 0-2017-37 Ordinance Approving a Special Use for a Child Day Care Home at 200 Timber Hill Dr. (Trustee Ottenheimer) (Staff Contact: Chris Stilling) C. 0-2017-38 Amendment to Ordinance 2013-70 for the Replacement of a Sign Panel at 201 N Milwaukee Ave (Trustee Stein) (Staff Contact: Chris Stilling) D. 0-2017-39 An Ordinance Amending Chapter 5.32, Tobacco, of the Buffalo Grove Municipal Code, to Increase the Minimum Age for the Sale and Purchase of Tobacco Products and E-Cigarettes from 18 to 21 Years Old (President Sussman) (Staff Contact: Chris Stilling) 10. Unfinished Business 11. New Business A. Copier Lease and Maintenance (Trustee Weidenfeld) (Staff Contact: Jenny Maltas) B. Pre -Application Discussion- Proposed Townhome Development at 16051 Deerfield Parkway (Trustee Stein) (Staff Contact: Chris Stilling) 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, JULY 17, 2017 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Stein, Ottenheimer, Weidenfeld and Johnson. 3 Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jennifer Maltas, Deputy Village Manager; Scott Anderson, Director of Finance; Art Malinowski, Director of Human Resources; Brett Robinson, Director of Purchasing; Evan Michel, Management Analyst; Christopher G Stilling, Director of Community Development; Mike Reynolds, Director of Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Fire Chief Balker and Deputy Fire Chief o Wagner. a Q APPROVAL OF MINUTES Moved by Berman, seconded by Johnson, to approve the minutes of the June 19, 2017 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 — Berman, Stein, Ottenheimer, Johnson NAYS: 0 — None ABSENT: 1 — Weidenfeld Motion declared carried. WARRANT 91278 Mr. Anderson read Warrant #1278. Moved by Ottenheimer, seconded by Johnson, to approve Warrant #1278 in the amount of $3,144,893.83, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Sussman thanked the staff for their excellent response to the recent severe storms that went through the Village. Trustee Stein also thanked all the volunteers who helped. President Sussman reported that the Village is seeking applicants to fulfill the Trustee vacancy for a term to expire April 30, 2019, and urged interested residents to apply. VILLAGE MANAGER'S REPORT Board of Fire & Police Commission Vice Chair Jane Dibbern reviewed the qualifications of our two new firefighters Cody Kruse and Gary Steadman. Vice Chair Dibbern then administered the oath of office to Firefighter/Paramedic Code Kruse and Firefighter/Paramedic Gary Steadman, after which they were welcomed and congratulated by the audience and the Board. Packet Pg. 5 2.A REPORTS FROM TRUSTEES Trustee Berman commented on the recent ComEd power outages, and requested that staff contact our ComEd representative in an effort to obtain a meaningful explanation for the apparent failure of the ComEd system to reasonably or efficiently recover from a summer rain event without causing substantial effects on our residents. 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. UN d Resolution No. 2017-23 — Closed Session Minutes c Motion to pass Resolution No. 2017-23, relating to the semi-annual review of Closed Session Minutes. 0 Office Supply Contract 0 i Motion to award a one-year contract, with four possible one-year extensions, for office supplies with a Logsdon Office Supply. Q Motion to approve Tree Planting Contract Change Order. Motion to approve ComEd Improvements Pumpstation #7 Project Change Order. Tree Planting Contract ComEd Goddard School Motion to approve Plat of Easement for the proposed Goddard School on Barclay Boulevard. Sidewalk Replacement Motion to approve Sidewalk Replacement Project Change Order to replace 2,700 square feet of sidewalk as a result of a large water main break along Buffalo Grove Road. Motion to authorize staff to seek proposals for Computer Aided Dispatch Software. Software Golf Cart Leasine Motion to authorize staff to waive bids and seek proposals for Golf Cart Leasing Services The Village Clerk requested that Item 8.A., Resolution No. 2017-23, be removed from the Consent Agenda and be considered at the next meeting. Moved by Ottenheimer, seconded by Johnson, to approve the Consent Agenda, minus Item B.A. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Packet Pg. 6 2.A Motion declared carried. ORDINANCE NO.2017-24 — BUFFALO GROVE MUNICIPAL CODE Moved by Berman, seconded by Weidenfeld, to pass Ordinance No. 2017-24, amending Chapter 10 of the Village of Buffalo Grove Municipal Code in accordance with the staff memo dated July 13, 2017, and the draft ordinance contained in Board packets. Mr. Monico reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of June 15, 2017. Trustee Berman noted that he frequently travels this route and he completely agrees with the staff recommendation. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. SURFACE SUPPLIED AIR SYSTEM Moved by Ottenheimer, seconded by Johnson, to authorize bid waiver and purchase of a surface supplied air system for the Fire Department Water Rescue team. Mr. Robinson reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. WEBSITE DESIGN/HOSTING SERVICES Moved by Weidenfeld, seconded by Berman, to authorize staff to seek proposals for website design and hosting services in accordance with materials contained in Board packets. Mr. Robinson reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Trustee Weidenfeld commented that he is very much in favor of this proposal. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. CARTEGRAPH SOFTWARE AGREEMENT Moved by Weidenfeld, seconded by Ottenheimer, to authorize a Cartegraph Software Agreement with Cartegraph Systems Inc. for the additional licensing, continued implementation integration, and training for Cartegraph OMS through the end of June 2019 in accordance with materials contained in Board packets. N d 3 c 0 0 i Q a Q Packet Pg. 7 2.A Mr. Robinson reviewed the agreement, details of which are contained in the memo that he and Mr. Skibbe sent to Mr. Bragg of July 13, 2017, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None 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. Daniel Minaghan, 1078 Shambliss, commented on the condition of the parking lot at the Crossings and N d sought assistance from the Village in rectifying the situation; staff will investigate and contact Mr. 5 Minaghan. 0 Adam Moodhe, 151 Mary Lu, commented on the recent ComEd power outages. Mr. Moodhe also > commented on the outstanding job that the Public Works and Engineering Departments completed several o years ago, noting that if it was not for that project, the flooding in his area would have been much, much a worse, and he complimented and thanked the Village for their efforts on this project. Q ADJOURNMENT Moved by Berman, seconded by Johnson, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 8:23 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 21st DAY OF August 2017 Village President Packet Pg. 8 2.B MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, AUGUST 7, 2017 CALL TO ORDER President Sussman called the meeting to order at 6:32 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Stein, Ottenheimer, Weidenfeld and Johnson. 3 Also present were: Dane Bragg, Village Manager; Kevin Kearney, Assistant Village Attorney; Jennifer Maltas, Deputy Village Manager; Brett Robinson, Director of Purchasing; Scott Anderson, Director of Finance; Andrew 2 Brown, Deputy Director of Finance; Art Malinowski, Human Resource Director; Peter Cahill, Human Resources G Management Analyst; Evan Michel, Management Analyst; Chris Stilling, Director of Community Development; > Nicole Woods, Village Planner; Mike Reynolds, Director of Public Works; Mike Skibbe, Deputy Director of o Public Works; Darren Monico, Village Engineer; Brian Sheehan, Building Commissioner; Geoff Tollefson, a Director of Golf Operations; and Fire Chief Baker. Q The Committee of the Whole Meeting consisted of staff reports and Board discussion on the following issues. 2017 AUDIT MANAGEMENT LETTER Joe Lightcap from Baker Tilly Virchow Krause was present to discuss the findings of the 2017 annual audit of the Village of Buffalo Grove, and the Finance Department's responses. FEE & FINE CHANGES FOR FY 2018 Mr. Anderson reviewed staff recommendations to update current fees and/or fines that will impact the FY 2018 budget, details of which are contained in his memo to the Board of July 27, 2017. SUNSET PROVISION ON HOME RULE & UTILITY USE TAXES Mr. Anderson reviewed the staff recommendation of no changes to Home Rule Electricity or Natural Gas use Taxes, further details of which are contained in the Village Board Meeting Agenda Item Overview. FY 2017 SIX MONTH BUDGET PERFORMANCE Mr. Brown reviewed the FY 2017 Six Month Budget Performance Report, details of which are contained in his memo to Mr. Bragg and Mr. Anderson of July 14, 2017. PRELIMINARY 2017 TAX LEVY Mr. Anderson presented the tax levy, including the full debt service amount, prior to discussion about tax abatement, details of which are contained in his memo to Mr. Bragg of July 27, 2017. 2018 CAPITAL IMPROVEMENT PLAN Mr. Skibbe provided an overview of the Capital Improvement Plan requests that were received leading into the 2018 budget cycle, details of which are contained in the 2018-2022 Capital Improvement Plan that he prepared. WAGE POOL Packet Pg. 9 2.B Mr. Malinowski presented staff recommendation for the 2018 wage pool for employees, details of which are contained in the July 18, 2017 memo that he and Mr. Cahill sent to Mr. Bragg. PROGRAM -BASED BUDGET Mr. Anderson provided the Board with a preview of the FY 2018 Program -Based Budget, as illustrated in the Public Works Department Street Division's budget, organized using the new program -based format. RV PARKING IN RESIDENTIAL DISTRICTS Mr. Sheehan reviewed recent complaints from residents concerned that the Village's parking regulations are too permissive, details of which are contained in Mr. Stilling's memo to the Board of July 27, 2017. LAKE COOK CORRIDOR 3 Mrs. Woods provided the Board with an update on the status of the Lake Cook Corridor Market Study and Plan, details of which are contained in her memo to the Board of August 7, 2017 0 FUTURE COMPREHENSIVE PLAN > 0 L Mrs. Woods provided the Board with the benefits to the Village of an updated Comprehensive Plan, details of a which are contained in her memo to the Board of July 27, 2017. Q DRAFT BOARD PRIORITIES 2 President Sussman reviewed the Draft Board Priorities with the Village Board, after which discussion ensued. 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; there were no such questions. Mr. Raysa introduced Kevin Kearney, a member of the legal team from Tressler. LLP as the Assistant Village Attorney. ADJOURNMENT Moved by Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:08 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 21st DAY OF Au usg t. 2017 Village President Packet Pg. 10 3.A Action Item : Approval of Warrant #1279 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Total of Warrant #1279 is #5,474,205.99. ATTACHMENTS: • W#1279 SUMMARY (PDF) Trustee Liaison Johnson Monday, August 21, 2017 Staff Contact Scott Anderson, Finance Updated: 8/18/2017 3:17 PM Page 1 Packet Pg. 11 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1279 21-Aug-17 General Fund: 714,535.42 Parking Lot Fund: 3,249.33 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 475.00 School & Park Donations 0.00 Capital Projects -Facilities: 43,102.62 Capital Projects -Streets: 87,706.52 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 0.00 Water Fund: 1,351,139.23 Buffalo Grove Golf Fund: 20,905.51 Arboretum Golf Fund: 24,463.87 Refuse Service Fund: 58,634.71 Information Technology Internal Service Fund: 103,838.48 Central Garage Internal Service Fund: 99,162.40 Building Maintenance Internal Service Fund: 192,411.51 2,699,624.60 PAYROLL PERIOD ENDING 07/13/17 933,748.04 PAYROLL PERIOD ENDING 07/27/17 944,641.22 PAYROLL PERIOD ENDING 08/10/17 896,192.13 2,774,581.39 TOTAL WARRANT #1279 5,474,205.99 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 12 4.A Information Item : Special Recognition for David Posner ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends recognition. A Special Recognition for David Posner who reported a car fire before it could spread to damage life and property. Trustee Liaison Sussman Monday, August 21, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 8/17/2017 9:32 AM Page 1 Packet Pg. 13 4.B Information Item : Recognizing Brenda Field for Receiving the James A. Tidwell Award for Journalism Education ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends recognition. Brenda Field, a Buffalo Grove resident, received the James A. Tidwell Award for Journalism Education Excellence from the Illinois Journalism Education Association. The award is given annually to a high school journalism educator for the work they do advising and teaching scholastic media. Trustee Liaison Sussman Monday, August 21, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 8/17/2017 9:19 AM Page 1 Packet Pg. 14 4.0 Information Item : Proclamation Recognizing the Buffalo Grove Park District's BG Singers' Twenty -Fifth Anniversary ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action N/A The Village of Buffalo Grove recognizes the Buffalo Grove Park District's BG Singers for twenty five amazing years of providing music for the community, and guiding light of philanthropy in Buffalo Grove. ATTACHMENTS: • BG Singers 25th Anniversary (DOC) Trustee Liaison Sussman Monday, August 21, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 8/17/2017 9:27 AM Page 1 Packet Pg. 15 4.C.a Village of Buffalo Grove N L RECOGNIZING THE BUFFALO GROVE PARK DISTRICT'S BG SINGERS' 25TH ANNIVERSARY > c WHEREAS, The Buffalo Grove Park District formed the Performing Arts Council 26 years ago to facilitate cultural Q enrichment of the Village of Buffalo Grove. The council's inaugural event was entitled "Broadway Comes to Buffalo Grove", a review of which featured many talented individuals both singing and dancing; and c WHEREAS, The outpouring of community support for this event and the Council's desire to insure that the review would be more than a onetime summer event, lead to the formation of the BG Singers. The group's early shows were performed y at Libertyville High School and Buffalo Grove High School; and CD c WHEREAS, The BG Singers performed at Stevenson High school for the next 20 years until, their dream of a permanent m home came to fruition with creation of the Community Arts Center, which has served as their permanent home for the past m 3 years; and 00 N O WHEREAS, The BG Singers have prided themselves on being the "chorus that cares" by upholding their mission of not IN only promoting the musical enrichment of the village, but serving as a guiding light for philanthropy; and �a N L WHEREAS, The BG Singers have put their mission into action by filling backpacks for Vernon Township children in need of assistance, donating a defibrillator to the Buffalo Grove Park District, sending instruments and music to New York for Hurricane Sandy, donating musical instruments to children that lost theirs in Hurricane Katrina, donating Q musical items to Northwest Community Hospital for their children's wing, and most recently raising over $15,000 for LO Pediatric Children's Cancer that was featured on the Today Show; and N L d WHEREAS, The BG Singers' offshoot group, "Encore" won a national competition in 2011 called "Sing" in which they were presented with a $20,000 check which was generously donated to the Lauri S. Bauer Foundation for Sudden Loss; in and 0 m WHEREAS, The BG Singers are hosting their first benefit, "A Night of Wishes" with all proceeds going to the Make -A - Wish Foundation; and s NOW THEREFORE, BE IT RESOLVED by that I, Beverly Sussman, President of the Village Buffalo Grove Q recognize The Buffalo Grove Park District's BG Singers for 25 amazing years of providing music for the community and serving as a guiding light of philanthropy in Buffalo Grove. Proclaimed this 21s' day of August, 2017. Beverly Sussman Village President Packet Pg. 16 8.A Information Item : Proclamation Recognizing Payroll Week ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action N/A SUMMARY: The Village of Buffalo Grove supports the efforts of Village staff who work on payroll by proclaiming the first full week of September Payroll Week. ATTACHMENTS: • Payroll proc (DOC) Trustee Liaison Sussman Monday, August 21, 2017 Staff Contact Scott Anderson, Finance Updated: 8/17/2017 9:56 AM Page 1 Packet Pg. 17 8.A.a '4 l,y r t ,I Village of Buffalo Grove PROCLAMATION RECOGNIZING NATIONAL PAYROLL WEEK IN THE VILLAGE OF BUFFALO GROVE WHEREAS, the American Payroll Association and its more than 21,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 150 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and WHEREAS, payroll professionals in Buffalo Grove, IL play a key role in maintaining the economic health of Buffalo Grove, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and WHEREAS, payroll departments collectively spend more than $2.2 trillion annually complying with myriad federal and state wage and tax laws; and WHEREAS, payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify noncustodial parents and making sure they comply with their child support mandates; and WHEREAS, payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and WHEREAS, payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses; THEREFORE, I, Beverly Sussman, hereby give additional support to the efforts of the people who work in Buffalo Grove, IL and of the payroll profession by proclaiming the first full week of September Payroll Week in Buffalo Grove. Beverly Sussman, Village President Packet Pg. 18 8.B Action Item : Request for Qualifications - Engineering Services ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff seeks authorization to Request Qualifications (RFQ) to procure professional engineering services from a group of qualified and approved engineers to help design, specify, and provide documentation for the bidding of projects related to utility, drainage, and roadway projects. ATTACHMENTS: • Memo - Authorization Engineer (DOCX) Trustee Liaison Staff Contact Stein Brett Robinson, Finance Monday, August 21, 2017 Updated: 8/17/2017 9:59 AM Page 1 Packet Pg. 19 8.B.a A1, L AGE 0F MEMORANDUM DATE: August 17, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Darren Monico, Village Engineer SUBJECT: Professional Engineering Services Staff seeks authorization to Request Qualifications (RFQ) to procure professional engineering services from a group of qualified and approved engineers to help design, specify, and provide documentation for the bidding of projects related to utility, drainage, and roadway projects ("Engineering Services"). The services to be requested include the following: a. Evaluations, investigations, analysis, recommendations, cost and time estimates, testing, reports, studies, designs, preparation of documents, field inspections and investigation. b. Professional involvement throughout all phases of a project including, but not limited to development of programs; preparation of reports; periodic progress reports/meetings; review of invoices for service; timely processing of project correspondence, Consultants' requests for payment, and material and equipment submittals. It must be noted that the selection of an engineering firm is governed by the Brooks Act, also known as the Selection of Architects and Engineers statute which is a United States federal law passed in 1972 that requires that the U.S. Federal Government select engineering and architecture firms based upon their competency, qualifications and experience rather than by price. As some of the projects listed above use federal funds a qualification based selection (QBS) must be used in this procurement process. Packet Pg. 20 8.0 Ordinance No. 0-2017-29 : An Ordinance Amending Chapter 10 of the Village of Buffalo Grove Municipal Code ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The attached ordinance codifies recently installed yield signs into the Village Code. ATTACHMENTS: • Yield sign update memo 17-0817 (DOCX) • Yield sign update ord 17-0814 (DOCX) Trustee Liaison Berman Monday, August 21, 2017 Staff Contact Darren Monico, Public Works Updated: 8/17/2017 10:06 AM Page 1 Packet Pg. 21 8.C.a BUFFALO GRON't', TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: YIELD SIGN ORDINANCE AMENDMENT DATE: 8/17/2017 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS 11 Staff is updating the Village Traffic Ordinance with recently added yield signs due to new subdivisions or due to engineering traffic management reviews at the following intersections: A B Mill Creek Greenridge Road [Crofton Lane Crofton Lane Greenridge Road Windsor Ridge Vei�on Lane Hawthorne Road Hidden Lake Fabish Drive Hidden Lake Drive Easthaven Jordan Terrace Olive Hill Drive Wright Boulevard Olive Hill Drive Olive Hill Drive Easthaven Drive/Olive Hill Drive Packet Pg. 22 8.C.b ORDINANCE NO. 2017 - AN ORDINANCE AMENDING CHAPTER 10 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and, WHEREAS, the quality of life is enhanced by a high quality arterial street transportation system which operates efficiently and which does not experience extreme congestion so as to induce motorists to "cut through" neighborhood streets in order to reduce travel times; and, WHEREAS, the Village of Buffalo Grove has recently installed several yield signs at various Village intersections and wishes to have them be codified in the Village Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: Section BG-11-1204c - Yield intersections, of the Village of Buffalo Grove Municipal Code is hereby amended by adding thereto the following: BG-11-1204c - Yield intersections. The following streets in Buffalo Grove are "YIELD" sign intersections. All traffic proceeding on streets listed in Column A —yield streets, shall yield before entering in or across the intersections listed in Column Blocation. 1 Packet Pg. 23 8.C.b Hidden Lake Section 2: Any person violating any portion of this Chapter shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. This Ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: , 2017 APPROVED: , 2017 ATTEST: Village Clerk APPROVED: Village President 2 Packet Pg. 24 8.D Ordinance No. 0-2017-30 : An Ordinance Amending Chapter 5.20, Liquor Controls ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The Class D liquor license for Pardeep, Inc. as franchisee for 7-Eleven, Inc. at 1165 Weiland Road is hereby rescinded effective September 26, 2017. Pardeep, Inc. will no longer be the Franchisee. A Class D liquor license is reserved for Malhotra Enterprises, Inc. as franchisee for 7-Eleven, Inc. at 1165 Weiland Road. This reservation is subject to the applicant completing Village requirements for said license on or before September 26, 2017. ATTACHMENTS: • Class D - 7-Eleven, 1165 Weiland Rd 7-18-17 (DOCX) Trustee Liaison Sussman Monday, August 21, 2017 Staff Contact Julie Kamka, Community Development Updated: 8/17/2017 10:08 AM Page 1 Packet Pg. 25 8.D.a Underlined = addition Str-ikethfetigh-s = deletion 07/18/2017 ORDINANCE NO. 2017 - 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 D. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended as follows: 5.20.072 Licenses authorized. D. Class D. Licensee and d/b/a ;� V ., Aldi, Inc. Nino's Pizzaria, Inc. �, BRI Incorporated d/b/a The Wild Buffalo 574, Malhotra Section 2. Inc. d/b/a 7-Eleven Address 1202 Dundee Road 960 S. Buffalo Grove Road 48 Raupp Boulevard 1165 Weiland Road A. The Class D liquor license for Pardeep, Inc. as franchisee for 7-Eleven, Inc. at 1165 Weiland Road is hereby rescinded effective September 26, 2017. Pardeep, Inc. will no longer be the Franchisee. B. A Class D liquor license is reserved for Malhotra Enterprises, Inc. as franchisee for 7-Eleven, Inc. at 1165 Weiland Road. This reservation is subject to the applicant completing Village requirements for said license on or before September 26, 2017. The Village Manager shall have the authority to extend the September 26, 2017 date for good cause shown. If not so extended, this reservation shall cease. C. This Section 2 shall not be codified. Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: 1 Packet Pg. 26 8.D.a PASSED: APPROVED: ATTEST: Janet M. Sirabian, Village Clerk 2017 2017 Beverly Sussman, Village President m N C d V J 0 M a J C d W ti 0 N 0 ti 0 C 0 w 2 Packet Pg. 27 8.E Ordinance No. 0-2017-31 : An Ordinance Updating Title 12 - Streets, Sidewalks, and Other Public Places ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The following statement was added to Section 12.20.070 of the Village Code: "A dead, diseased, or dying tree over eight feet (8') in height on any property in the Village is hereby declared a nuisance and the owner thereof shall remove the same at ground level." ATTACHMENTS: • Tree Ordinance update memo 17-0816 (DOCX) • CHICAGO1-#698340-v1-Ordinance_-_Dead_Tree_On_Private_Property (DOC) Trustee Liaison Stein Monday, August 21, 2017 Staff Contact Darren Monico, Public Works Updated: 8/17/2017 11:46 AM Page 1 Packet Pg. 28 8.E.a BUFFALO GRON't', TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: TITLE 12 - TREE ORDINANCE AMENDMENT DATE: 8/17/2017 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS 11 Upon the recommendations of the Village Attorney and the Village Forester in an effort to improve the enforcement capabilities of the Village in relation to dead, diseased, or dying trees located on private property, staff is updating Title 12 of the Village Ordinance with the following language being added on to Section 12.20.070 which is underlined below. 12.20.070 - Maintenance —Property owner responsibility. The owner or person in control of any lot or parcel of land in the Village upon which any trees are growing shall trim or cause to be trimmed the branches thereof so that the same shall not obstruct the passage of light from any street light in any street, alley or highway in the Village to the adjacent street or sidewalk. Owners shall trim all branches of any tree now or hereafter growing on their premises which overhang any sidewalk, street, alley or public highway so that there shall be a clear height of twenty feet above the surface of the street, alley or highway unobstructed by branches, and a clear height of eight feet over any sidewalk. Such owners shall also remove from such trees all dead, decayed or broken limbs or branches that overhang such street, alley or highway. When any of such trees are dead, such owners shall remove the same so that they shall not fall in the street, alley or public highway. A dead, diseased, or dye tree over eight feet (8') in height on any property in the Village is hereby declared a nuisance and the owner thereof shall remove the same at ground level. Any person who fails to comply with any of the provisions of this section within ten calendar days after notice from the Director of Public Works or designee of the particular things to be done under this section shall be subject to the penalties provided in Section 12.20.140. m Go 0 ti 0 aa) E a� a a n aD _ �a L O L H _ a1 E t V r+ r� Q Packet Pg. 29 8.E.b 07/ 18/2017 #698340 ORDINANCE NO. 2017 - AN ORDINANCE AMENDING SECTION 12.20.070, MAINTENANCE -PROPERTY OWNER RESPONSIBILITY, OF THE BUFFALO GROVE MUNICIPAL CODE 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. 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 12.20.070, Maintenance -Property Owner Responsibility, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 12.20.070 - Maintenance —Property owner responsibility. The owner or person in control of any lot or parcel of land in the Village upon which any trees are growing shall trim or cause to be trimmed the branches thereof so that the same shall not obstruct the passage of light from any street light in any street, alley or highway in the Village to the adjacent street or sidewalk. Owners shall trim all branches of any tree now or hereafter growing on their premises which overhang any sidewalk, street, alley or public highway so that there shall be a clear height of twenty feet above the surface of the street, alley or highway unobstructed by branches, and a clear height of eight feet over any sidewalk. Such owners shall also remove from such trees all dead, decayed or broken limbs or branches that overhang such street, alley or highway. When any of such trees are dead, such owners shall remove the same so that they shall not fall in the street, alley or public highway. A dead, diseased, or dying tree over eight feet (8') in height on any property in the Village is hereby declared a nuisance and the owner thereof shall remove the same at ground level. Any person who fails to comply with any of the provisions of this section within ten calendar days after notice from the Director of Public Works or designee of the particular things to be done under this section shall be subject to the penalties provided in Section 12.20.140. 1 Packet Pg. 30 8.E.b 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 Chapter 1.08 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. AYES: NAYES: ABSENT: PASSED: 2017 APPROVED: , 2017 PUBLISHED: ATTEST: Janet Sirabian, Village Cleric #698340 0) 2017 APPROVED: Beverly Sussman, Village President Packet Pg. 31 8.F Ordinance No. 0-2017-32 : An Ordinance Amending Chapter 5.20 - Liquor Controls ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Based upon the request of the licensee, the Class E liquor license for The Noodle Shop, Co. - Colorado Inc. d/b/a Noodles & Co. at 1209 W. Dundee Road is hereby rescinded. ATTACHMENTS: • Noodles - Request to Rescind 7-26-17 (PDF) • Class E - Noodles & Co, 1209 W Dundee Rd - Rescind (DOCX) Trustee Liaison Sussman Monday, August 21, 2017 Staff Contact Julie Kamka, Community Development Updated: 8/17/2017 10:12 AM Page 1 Packet Pg. 32 M W E- B S E E R o P 0 W E L I P Erica Zuniga Licensing Manager July 26, 2017 Beverly Sussman, Village President Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Re: Noodles & Company — 1209 W Dundee Rd Dear Village President Sussman: As you are aware, we represent The Noodle Shop, CO -Colorado, Inc. ("Noodles" or "Licensee") as to its licensing and regulatory compliance matters in Illinois. At this time, the Licensee would like to cancel the Village of Buffalo Grove Liquor License for Noodles & Company, effective 8/01/2017. If you will need the original liquor license, please let me know. The Retail Food License should remain active and in effect. The ILCC license is also being cancelled. Thank you and the Village for your/its assistance in every facet of this project. It is very much appreciated. Should you have questions or concerns, please do not hesitate to contact me at 312-587-8800 or Sincerely, cr) Erica Zuniga EZ/sf C: The Noodle Shop, CO -Colorado, Inc. Enclosure 3 P 0 W [,--! l I i 10 SUITE 50 1 CHICAC,O, 11 60W,-114 2 58 f BOO() FAX bU/,8008 WWW LAWWP.COM I Packet Pg. 33 1 WEBS11F.R P(WWLI , P'C. 8.F.b Underlined = addition Str-ikethfetigh-s = deletion 08/01/2017 ORDINANCE NO.2017 - 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 as follows: 5.20.72 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. 65. Coffee House Holdings, Inc. d/b/a Starbucks Coffee #17730 -76. Pizza Amore, Inc. Section 2. Address 734 S. Buffalo Grove Road 782 S. Buffalo Grove Road 270 N. Mc Henry Road 205 Dundee Road • 1205 W. Dundee Road 808 Milwaukee Avenue A. The Class E liquor license for The Noodle Shop, Co.- Colorado Inc. d/b/a Noodles & Co. at 1209 W. Dundee Road is hereby rescinded at the request of the licensee. B. This Section 2 shall not be codified. Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval. 1 Packet Pg. 34 AYES: 8.F.b NAYS: I.:`1MM PASSED: 2017 APPROVED: .2017 ATTEST: Janet M. Sirabian, Village Clerk Beverly Sussman, Village President 2 Packet Pg. 35 8.G Ordinance No. 0-2017-33 : An Ordinance Approving a Special Use for a Child Day Care Home at 330 University Drive ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action The Planning & Zoning Commission recommended unanimous approval, subject to conditions in the attached Ordinance. Staff concurs with this recommendation. SUMMARY: The petitioners are requesting a Special Use to operate a child day care home at 330 University Drive. The child day care home would provide care for up to 8 children ages 2 to 5 years old. The Planning & Zoning Commission recommended unanimous approval, subject to conditions in the attached Ordinance. Staff concurs with this recommendation. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOC) • Aerial (PDF) • Petitioners Letter (PDF) • Response to Standards (PDF) Trustee Liaison Ottenheimer Monday, August 21, 2017 Staff Contact Chris Stilling, Community Development Updated: 8/17/2017 10:19 AM Page 1 Packet Pg. 36 8.G.a VILL,AGE OF BUFFALO G110"VE DATE: August 17, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Ordinance Approving a Special Use for a Child Day Care Home at 330 University Dr BACKGROUND The petitioners are proposing to operate a child day care home at 330 University Drive. The child day care home would provide care for up to 8 children ages 2 to 5 years old. Pursuant to the Zoning Ordinance, Child Day Care Homes are allowed as a Special Use within residential districts. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION The PZC recommended approval of the special use, subject to the following conditions: 1. Petitioner shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance. 2. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The Petitioner is required to apply to the Village for re -authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. 3. The petitioner shall obtain a DCFS license. A copy of the DCFS license shall be provided to the Village prior to the issuance of a business license. 4. The special use shall be automatically revoked if the Petitioner fails, for any reason, to have a valid license issued by the Illinois Department of Children and Family Services (IL DCFS). 5. The Petitioner shall obtain a Village business license prior to operation of the child day care home. 6. The special use does not authorize any use in violation of any covenants running with the Property. 7. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. 8. Petitioner shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. 9. This special use is granted to Stefaniya Senyk and Mariya Dytso jointly. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. 10. The petitioner shall comply with the 2 conditions outlined in the Fire Department Inspection Report. Page 1 of 2 Packet Pg. 37 8.G.a 11. The Petitioners shall provide a drop off and pick-up schedule that is acceptable to the Village. Staff concurs with this recommendation. PUBLIC HEARING COMMENTS There was 1 resident who testified at the meeting. The resident was seeking information about the request and wanted to make sure sufficient parking was being provided. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance granting the special use, subject to the conditions in the attached Ordinance. 0 E a� O m c d E z �o Q Page 2 of 2 Packet Pg. 38 8.G.b July 27, 2017 DM#698946 ORDINANCE NO. 2017 - AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-5A RESIDENTIAL ZONING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Stefaniva Snvk and Mariva Dytso 330 University Drive 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 is zoned R-5A, and is occupied by a single—family detached residence commonly known as 330 University Drive; and, WHEREAS, Stefaniya Snyk and Mariya Dytsor are the owners of the Property; and, WHEREAS, Stefaniya Snyk and Mariya Dytsor ("Petitioners") who reside at the Property have petitioned to the Village for a special use to operate a child day care home at the Property; and, WHEREAS, notice of the public hearing concerning the petition for a special use was given, and the public hearing was held on July 19, 2017 by the Buffalo Grove Planning & Zoning Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Planning & Zoning Commission made the following findings: 1. That the child day care use will serve the public convenience and will not be detrimental to, nor endanger the public health, safety, morals comfort or general welfare; 2. That the child day care use will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish and impair other property valuations within the neighborhood; 3. That the Petitioner presented adequate evidence that the child day care use will be properly managed to minimize impacts on adjacent properties; and, 4. That there is adequate parking to serve the child day care use. WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Planning & Zoning Commission determined that the criteria and standards for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village's Zoning Ordinance have been met and use of the Property as proposed would be compatible with adjacent properties; and, Packet Pg. 39 8.G.b WHEREAS, the Planning & Zoning Commission voted 9 to 0, to recommend approval of a special use for the proposed child day care home on the Property; and, WHEREAS, the President and Board of Trustees after due and careful consideration have determined that the requirements for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance have been met and that the use of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, 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 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 adopt a proper, valid and binding ordinance approving a special use for a child day care home for the following legally described property: SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 217 in Cambridge Countryside Unit 6, being a Subdivision in the north Yz of Section 9, Township 42 north, Range 11, east of the Third Principal Meridian, according to the plat thereof registered in the office of the Registrar of titles of Cook Count, Illinois on August 7, 1967 as document number 2339711, Village of Buffalo Grove, Cook County, Illinois. Section 3. The special use is subject to the following conditions: A. Petitioners shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance. B. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The Petitioners are required to apply to the Village for re -authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. C. The special use shall be automatically revoked if the either of the Petitioners fail, for any reason, to have a valid license issued by the Illinois Department of Children and Family Services (IL DCFS). D. The Petitioners shall provide proof of ownership of the homeowners, Stefaniya Snyk and Mariya Dytsor. E. The Petitioners shall obtain a Village business license prior to operation of the child day care home. A copy of the DCFS license State Fire Marshall approval shall be provided to the Village prior to the issuance of a business license. 2 Packet Pg. 40 8.G.b F. The special use does not authorize any use in violation of any covenants running with the Property. G. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioners must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. H. Petitioners shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. 1. This special use is granted to Stefaniya Snyk and Mariya Dytsor as individuals. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. The Petitioners shall provide a drop off and pick up schedule that is acceptable to the Village. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval, subject to the Petitioners' execution of the Acceptance and Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance and Agreement form with the Village. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: , 2017 c co c APPROVED: O c m Beverly Sussman, Village President s co ATTEST: Q Janet M. Sirabian, Village Clerk DM#698946 3 Packet Pg. 41 8.G.b EXHIBIT A Petitioners Acceptance and Agreement Concerning the Special Use for a Child Day Care Home at 330 University Drive Stefaniya Snyk and Mariya Dytsor do hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in the approved Ordinance duly passed and approved by the Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 330 University Drive. The undersigned acknowledge that they have read and understand all of the terms and provisions of said Ordinance, and do hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Stefaniya Snyk 330 University Drive Buffalo Grove, IL 60089 Mariya Sytsor 330 University Drive Buffalo Grove, IL 60089 Subscribed and sworn to before me this , 2017 by Stefaniya Snyk and Mariya Dytsor Notary Public F. Packet Pg. 42 (DAI.ICI Aj!SJ8AlunOCC 40 8LUOH weo Aea pi!qo e joj ash leioadS V : CC-,L40Z-O) leiiev quamloelIv q 0 06 8.G.d Day Care Home Operation The day care home will start accepting children at 7am and will operate until 6pm. Children will start leaving day care home between 5:30pm and 6:OOpm. Children will be picked up and dropped off in the driveway of the house only. There is enough parking space for 2-3 cars at a time. The house is not located on a busy street, therefore there will be no traffic congestions. During the time of day care operation, children will stay within the boundaries of the above mentioned home under the supervision of 2 day care providers. Outdoor play will be only on the backyard that is surrounded with a 5ft tall fence to provide secure play. The two child care providers are both residents of this house (Mariya Dytso and Stefaniya Senyk) and will both be licensed by the state of Illinois and the Village of Buffalo Grove (in progress). The number of children is yet to be determined by Illinois DCFS, but it is usually no more than 8 children per teacher. Children will be of various age from 2 to 5. Both childcare providers obtained training in caring for mixed -ages of children, so will be able to provide adequate care to each and every child. Packet Pg. 44 8.G.e Child Day Care Home Special Use Criteria Please provide/confirm that the child Day care Home meets each of the following criteria. The responses need to affirm each separate item individually and need to be submitted in writing. 1. A special use for a child day care home shall meet the Special Use requirements of Section 17.28.040. a. The home daycare will serve the public convenience and will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. b. The location of home day care will be within the single family detached home and location of the site with respect to the streets giving access to it is such that will not interfere with traffic and orderly development of the district. c. The home day care will not be injurious to the use and enjoyment of other property neighbouring our house. d. Adequate utilities, access roads, drainage and necessary facility has been provided. e. Parking area is of adequate size and includes a driveway and 1-car garage. The entrance and exit to and from a driveway is such that will prevent traffic hazards and will minimize traffic congestion. f. The home day care conforms to the applicable regulations of the zoning district in which it is located. 2. Verification that the day care provider is a full-time resident of the home. The applicants are Mariya Dytso and my mother Stefaniya Senyk. Please see attached copies of our ID cars. 3. Verification that the home is licensed by the Illinois Department of Children and Family Services, and that applicable requirements of the Illinois Department of Public Health will be met. We are currently in the process of obtaining a license from Illinois DCFS. 4. Inspection by the Village Department of Building and Zoning, Health Officer and Fire Department to determine that all life -safety, health and other applicable codes will be met. We can readily provide health forms for all family members. Home inspection can be conducted at any time upon request of Village of Buffalo Grove. 5. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. We confirm that establishment, maintenance and operation of day care home will comply with all standards and will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 6. The following standards shall be met: a. Provision of child care shall be limited each day to the hours of 6:00 a.m. to 8:00 p.m. Outdoor play shall not be allowed before 8:00 a.m. We confirm b. Adequate space shall be provided on the driveway of the property for parking while children are being dropped off or picked up at the home. We confirm that adequate parking space will is available. c. Traffic congestion or safety hazards shall not be created in the adjacent neighborhood We confirm that our home complies with this standard. A play area shall be provided in the rear yard of the property. Said area shall be enclosed by a fence at least four feet in height to ensure the safety of the children. The fenced play area shall be secured with self -closing and self -latching gate(s) as approved by the Packet Pg. 45 8.G.e Village. Said play area shall be screened from adjacent properties with fencing or landscaping. Our home complies with this standard. The day care activities shall not create undue noise or other nuisances for adjacent properties. There shall be no outdoor sound amplification devices which produce distinctly and loudly audible sounds beyond the boundary of the property from which the sound originates. We confirm that there will be no outdoor sound amplification and amount of noise will not interfere with lives of our neighbours. f. Employees who are not residents of the day care home may be employed by the day care provider, if it is determined by the Planning & Zoning Commission that this would not be detrimental to the neighborhood. Parking shall be provided on the property for any employee driving to the home. The two employees are full time residents of this home, that is Mariya Dytso and Stefaniya Senyk. If, at any time, there will be an employee who does not reside in this house, we confirm that it will not be detrimental to the neighborhood. g. An approved day care home shall be subject to periodic inspection by the Village in accordance with Village procedures for inspections concerning health, life -safety and other applicable regulations. We confirm that such inspections can be conducted at any time Village of Buffalo Grove considers it. h. The Planning & Zoning Commission and Corporate Authorities may impose conditions and restrictions as may be necessary or appropriate to comply with the foregoing criteria and standards. The foregoing standards may be modified as deemed reasonable in specific cases. If any restriction or modifications are necessary, we confirm that we will comply with those standards. i. The Planning & Zoning Commission shall consider the number and location of other child day care homes so as to avoid congestion and other negative impacts. We confirm that it is up to Planning & Zoning Commission to consider number oh home day care in the neighborhood. SPECIAL USE CRITERIA A. All special uses shall meet the following criteria: 1. The special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; Agree to comply 2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; Agree to comply 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; Packet Pg. 46 8.G.e Agree to comply 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Agree to comply 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; THis criteria has been met. 6. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. This criteria has been met. Packet Pg. 47 8.H Ordinance No. 0-2017-34 : An Ordinance Approving Variations to the Sign Code for the Four Points by Sheraton on 900 West Lake Cook Road ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action The Planning & Zoning Commission recommended approval (9-0) of both variations subject to a condition. Staff concurs with this recommendation. SUMMARY: The petitioner, Four Points by Sheraton on 900 West Lake Cook Road, is seeking two variations related to signage. The first variation is to move its existing ground sign off premise and the second variation is to replace the existing wall sign with a new sign that would exceed the maximum area allowed by the code. The Planning & Zoning Commission unanimously recommended approval of the request, subject to a condition in the attached Ordinance. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOC) • Sign Drawings(PDF) Trustee Liaison Stein Monday, August 21, 2017 Staff Contact Chris Stilling, Community Development Updated: 8/17/2017 10:22 AM Page 1 Packet Pg. 48 8.H.a VILLAGE OF BUFFALO RO"V . DATE: TO: FROM: SUBJECT: August 17, 2017 President Beverly Sussman and Trustees Christopher Stilling, Director of Community Development IN A variation to allow an off premise ground sign and a variation to allow a wall sign to exceed the maximum size for 900 West Lake Cook Road BACKGROUND The petitioner, Four Points by Sheraton on 900 West Lake Cook Road, is seeking two variations related to signage. The first variation is to move its existing ground sign off premise to the vacant parcel just south of their existing property. The second variation is to replace the existing wall sign with a new sign that would exceed the maximum area allowed by the code. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION The Planning & Zoning Commission recommended approval (9-0) of both variations subject to the following condition: 1. The wall sign shall not exceeding 35% of the wall sign background. Staff concurs with this recommendation. PUBLIC HEARING COMMENTS There were no residents who testified at the meeting. PLANNING & ZONING ANALYSIS Off -Site Ground Sign • As shown on the site plans, the existing sign, which was recently constructed, is located at the southwest corner of the parking lot, right on the edge of the petitioner's property. • Following the construction of this sign, the petitioner noted that the location does not provide adequate visibility to Lake Cook Road, especially those traveling west on Lake Cook. • As a result, the petitioner is seeking to relocate the sign on a vacant outlot owned by Hamilton Partners. Hamilton Partners has provided a letter expressing their consent to relocate the pylon sign to their property. Page 1 of 2 Packet Pg. 49 8.H.a Wall Sign • Currently the Four Points Sheraton has a temporary nylon sign on the porte cochere facing west. • The petitioner woud like to install a new wall sign fabricated from aluminum letters with clear acrylic faces. It would identify the name of the business and be internally lit with LED lighting. • Initially, the petitioner proposed a wall sign that would cover approximately 50% of the wall sign background. Pursuant to Village Code, a maximum of 20% coverage is allowed. The PZC unanimously recommended that the proposed sign not exceed 35% of the wall sign background. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance granting the variations. Page 2 of 2 Packet Pg. 50 8.H.b July 27, 2017 DMH698976 ORDINANCE NO. 2017 - GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BUFFALO GROVE SIGN CODE Four Points by Sheraton 900 West Lake Cook Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property legally described in Exhibit A ("Property") attached hereto is zoned in the B-3, Planned Business Center District; and, WHEREAS, Amin Amdani is the owner of the entity Lake County Hospitality, LLC. , which is the owner ("Owner") of the Property; and, WHEREAS, Lake County Hospitality, LLC. the tenant of the property will operate on the Property under the assumed name Four Points by Sheridan, and, WHEREAS, request is being made by the petitioner, Four Points by Sheraton, for variation to Sign Code, Section 14.20.100 to allow it to move their existing ground sign off -premises to the vacant parcel just south of their existing property and, for variation to Sign Code, Section 14.16.070 to allow the replaced of the existing wall sign with a new sign that would exceed the maximum are allowed by the Sign Code, as shown on Exhibit B (Sign Plans) and; WHEREAS, the Planning & Zoning Commission held a public hearing on July 19, 2017 at which it received testimony on the requested variations; and 1 Packet Pg. 51 8.H.b WHEREAS, the Planning & Zoning Commission made certain findings of fact, made a positive recommendation by a vote of 9 to 0, for the variations, and prepared minutes of the public hearing; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that the requested sign variations are in harmony with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code), and that the Petitioner has shown: 1) That the proposed signage is of particularly good taste; and 2) The entire site has been particularly well landscaped. 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 preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. Variations are hereby granted to Section 14.20.100 and Section 14.16.070 of the Village Sign Code (Title 14 of the Buffalo Grove Municipal Code) for the purpose of allowing the existing ground sign to be moved off -premises to the vacant parcel just south of their existing property and to allow the replacement of the existing wall sign with a new sign that would exceed the maximum allowed by the Sign Code, as shown on Exhibit B (Sign Plans). Not withstanding the plans attached as Exhibit B, the wall sign shall meet the requirements of Section 3 below. Section 3. The wall sign variation is subject to the total wall sign not exceeding 35% of the wall sign background. Section 4: This Ordinance shall be in full force and effect from and after its passage, and approval This Ordinance shall not be codified. AYES: NAYES: ABSENT: 2 Packet Pg. 52 8.H.b PASSED: 2017. APPROVED: 2017. ATTEST: Janet M. Sirabian, Village Clerk DM#698976 APPROVED: Beverly Sussman, Village President Ell 3 Packet Pg. 53 8.H.b EXHIBIT A LEGAL DESCRIPTION Four Points by Sheraton 900 West Lake Cook Road SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 in Buffalo Grove Business Park Crest Hill Resubdivision, being a resubdivision of part of Lot 1 in Buffalo Grove Business Park Unit 7 of part of the northwest quarter of Section 5, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois and part of the southwest quarter of Section 32, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois, according to the plat thereof recorded November 14, 1988 as Document No. 2740318 in Lake County, Illinois and on January 10, 1989 as Document No. 89015785 in Cook County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 900 West Lake Cook Road, Buffalo Grove, Illinois. PIN: 03-05-100-022-0000 PIN: 03-05-100-019-0000 Ell E Packet Pg. 54 8.H.b EXHIBIT B Sign Plans Four Points by Sheraton 900 West Lake Cook Road Insert Plans 5 Packet Pg. 55 $.H,c 5 718" E4 �y 11 141W14 EQ �E.,.,_I.4 G�tl`.. .. s V tea,, tl .,,_.. ........... ......... - .. .....,.,.,........... .. ..,.,...,. ......,..,.,.mow . ... .... .I.,.. I.....n A �{ a 3 $ <z Sol z CD o —� M m cl m ` a o C1� yqoy. y 14 V.1 4 6A a CL b r xW si 40 � U r a co RL � o _ Cv v 0 m � 's in m �o a v uuu TEF o = O O= a w o m .� - �'l m a o r - a• o x _IF1 Packet Pg. 56 "I'li W" 11 1 m3iA 3ais JNI'NNDUVNMI afflus NNW FALAA :0# Aq U A :t# Aq :1# Aq �11'1­ =W s AINO 3sn IS9 �wq I."" PR 0 PaIDNIVPa-ddV 0 P-X4 0 ivAoiwdv 3N3n) a 04v"pww m �11 MS ovmmsml "*,oat ,von "o oww Q& owr m" wvmo,*(m 4" waw l WO swd Oww N Mowwwwo WIL fxK# w w 9wdw11,A Vic Ir A3X VOICO 0001 89l4#smq*w% W.IQLAW PK momm ,Wspv. 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Recommendation of Action The Planning & Zoning Commission recommended approval (9-0) of the special use and variation subject conditions. Staff concurs with this recommendation. SUMMARY: Aptakisic-Tripp School District 102 is proposing an addition to the existing Aptakisic School located at 1231 Weiland Road. As a result of the changes, a special use is required. Furthermore, to accommodate the existing school, a variation for a side yard setback reduction is also required. The Planning & Zoning Commission unanimously recommended approval of the special use and variation. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Engineering Plans (PDF) • Building Elevations (PDF) Trustee Liaison Ottenheimer Monday, August 21, 2017 Staff Contact Chris Stilling, Community Development Updated: 8/17/2017 10:32 AM Page 1 Packet Pg. 60 V I fl G"f E0 BUFFALO GRON/E MEMORANDUM DATE: August 17, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: 1231 Weiland Road — Special Use and Variation for Aptakisic School IN BACKGROUND Aptakisic-Tripp School District 102 (District 102) is proposing an addition, along with other improvements, to the existing Aptakisic School located at 1231 Weiland Road. The school property is currently zoned RE and elementary schools are a special use. As a result of the changes, a special use is required. Furthermore, to accommodate the existing school, a variation for a side yard setback reduction is also required. PLANNING & ZONING COMMISSION (PZQ RECOMMENDATION The Planning & Zoning Commission recommended approval (9-0) of the special use and variation subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. Final engineering shall be revised in a manner acceptable to the Village Engineer. 3. The petitioner shall provide a traffic study prior to the start of construction. Staff concurs with this recommendation. Public Hearing Comments One (1) neighbor attended the meeting and expressed some concerns about overflow parking and the reduction of parking spaces. STAFF ANALYSIS Zoning History • To date, the Village has no record of a special use being approved for the existing school. As a result of the proposed improvements, a new special use is required. • Furthermore, the existing school building currently does not meet the zoning requirements for the side yard setback to the north. The code requires a setback of 10% the lot width. Due to the large width (+/- 618 feet), a 61.8 foot setback is required. The existing school is setback 20.93 feet. Proposed Improvements • The project includes a 15,000 square foot addition to the school to accommodate the addition of 6 graders from Meridian School. • Furthermore, the administrative offices and facilities uses will be relocated to another site. 0 E m O m c m E s ca Q Page 1 of 2 Packet Pg. 61 • District 102 is also proposing improvements to both existing parking lots to improve traffic flow for school buses and emergency vehicles. Parking • The site currently has 142 parking spaces, which was necessary to accommodate the administrative offices and facilities. • To accommodate better traffic flow, District 102 is proposing to reduce the required number of spaces to 92 spaces. • Pursuant to the Zoning Ordinance, elementary schools require parking at a ratio of 1 space per employee. Based on the information provided, the School District indicated at its maximum capacity, there will be 87 employees. Based on this information, the required number of parking spaces are being provided. Drop-Off/Pick-Up • As noted in the petitioner's information, one of the key changes as part of the project includes improving the existing drop-off/pick-up operations. • The petitioner is currently working with Lake County Department of Transportation as part of the pending Weiland Road widening project to possibly relocate the existing light to the southern entrance. As a result, District 102 is providing 2 options: Option 1 o This option works with the existing conditions, however the bus pickup area is now on the west side of the building. o Parents will now pick-up/drop-off on the south side, which allows for more stacking. o In order to prevent overflow stacking at the southern entrance from parents trying to turn left onto Weiland Road, the school is proposing a right in/out. o Once buses have cleared, parents could get access at the northern entrance to turn left at the light. Option 2 o This option would relocate the existing signal to the south. o Parents would still pick-up/drop-off on the south side, as shown on option 1. However, the signal will allow parents and buses to use the new light to turn left onto Weiland. • As of right now, no decisions have been made regarding the light, however as shown with both options, staff believes the proposed improvements will be an enhancement to overall access and circulation. 0 Variations m The following is a summary of the requested variation: O A variation to Section 17.40 of the Village of Buffalo Grove Zoning Ordinance (Table of Area, Height, Bulk m and Placement Regulations) to allow for a side yard setback reduction for an existing building. The existing school building currently does not meet the zoning requirements for the side yard setback to the north. The code requires a setback of 10% the lot width. Due to the large width 618 feet), a 61.8 foot setback is required. The existing school is setback 20.93 feet. The property a impacted by the setback encroachment is an existing industrial/office building. ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance granting a Special Use and variation for the Aptakisic School expansion. Page 2 of 2 Packet Pg. 62 ORDINANCE NO. 2017 - XX AN ORDINANCE APPROVING A SPECIAL USE AND VARIAITION IN THE RE RESIDENTIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Aptakisic School 1231 Weiland Road Special Use and Variation for an Elementary School WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property at 1231 Weiland Road ("Property') legally described in EXHIBIT A attached hereto is zoned in the RE Residential District; and, WHEREAS, Aptakisic-Tripp School District 102 ("Petitioner"), has petitioned the Village for approval of a special use and variation to expand an existing elementary school at the Property; and, WHEREAS, the Village Plan Commission conducted a public hearing on August 2, 2017 concerning the petition for the special use and variation; and, WHEREAS, the Plan Commission determined that the petition meets the criteria of a special use and variation as set forth in the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Plan Commission voted 9 to 0 to recommend approval of the special use and variation; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed expansion of the elementary school is a reasonable use of the Property and will serve the best interests of the Village. WHEREAS, the proposed expansion of the Aptakisic School shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special uses EXHIBIT C Engineering Plans 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: Packet Pg. 63 2 Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance 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 a special use and variations to Aptakisic-Tripp School District 102 for an existing elementary school at the Property subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. Final engineering shall be revised in a manner acceptable to the Village Engineer. 3. The petitioner shall provide a traffic study prior to the start of construction. Section 3. This Ordinance shall be in full force and effect upon the submittal of a signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President Packet Pg. 64 EXHIBIT A LEGAL DESCRIPTION Aptakisic School 1231 Weiland Road Special Use and Variation for an Elementary School SUBJECT PROPERTY LEGAL DESCRIPTION: THAT PAI~T OF THE S0LJTHEAST O(JAITER OF SECTI("M 28�., TOWNSHIP 43 NORTH:, RANGE 11, LYING, EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS, BOUNDED AND DESCRIBED, AS FOLLOWS, TO, IT: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER, OF SECTION 28 AFORESAID, THENCE WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 957,16,7 FEET TO, THE CENTER OF APTAKISIC ROAD, THENCE SOUTHERLY ALONG THE CENTER LINE OF SAID ROAD 1618 FEET, THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SOUTHEAST QUAI�TEF� TO THE EAST LINE (")IF SAID S'O)THEAST QUARTER. THENCE NORTH ALONG THE EAST LINE OF SAID SOUTHEAST OUARTER 616-64 FEET TO THE IPOIINT OF BEGINNING. EXCEPT THAT PART LYING EAST AND SOUTH OF THE CENTER THREAD OF THE CREEK RUNNING IN A 1\101!' THERLY DIRECTION THROUIGH SAID PIOPERTY, .AND ALSO EXCEPT THAT PART PREVIOUSLY DEDICATED FOR PUBLIC ROAD PILIRPOSES RECORDED MARCH 22. 1989 AS DOCUMENT 89244 SUBJECT PROPERTY COMMON DESCRIPTION: 1231 Weiland Road, Buffalo Grove, IL (PIN 15-28-400-058) 0 U ca E ci I Packet Pg. 65 1 E EXHIBIT B Acceptance and Agreement Concerning Special Use Aptakisic School 1231 Weiland Road Special Use and Variation for an Elementary School Aptakisic-Tripp School District 102 acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2017—XX pertaining to the special use and variation, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. 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J F EB c 111 s Y s N [ 1] LU Cl LH LH u; t III f�l u o r O —ca — _ ,,, W W W / •C w N w ca w U) a)w LU ne G I�i � rT. # IQV iQV c[ NQ (Pe^U P�W!aM 4[Zl �e looy�s=!e!4way iol uopeue� pue ae� lepeas: sctloi-OI euop n=131,I!ng wewy=eutl c O eCki z 2 4 0 a6 0 a oo N - ~�ozLLJ yW o.aLL p a=aW 4a oo w _ w Z O J W H W z Z O o O o Q H o 0 Q O O 0� O O CO 0 3U) H 0 m O O H Q 07 w cn a a a 5 8.J Ordinance No. 0-2017-36 : Ordinance Amending Table of Offenses and Fines for Solicitation Violations ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Due to the increased number of solicitors soliciting without permits, largely energy companies, the attached ordinance makes soliciting without a permit a "must appear" violation. Additionally, the fine has been changed to $100 which is consistent with the recommendation made at the August 7th COW meeting. ATTACHMENTS: • Ordinance - Solicitation (DOC) Trustee Liaison Berman Monday, August 21, 2017 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 8/14/2017 4:40 PM Page 1 Packet Pg. 84 8.J.a Underlined = addition Stfikeati = deletion 08/11/2017 #699841663477 ORDINANCE NO. 2017 - AN ORDINANCE AMENDING T ABLE OF OFFENSES AND FINES FOR SOLICITATION VIOLATIONS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village desires to amend Table 2.62.015-1, Table of Offenses and Fines, of the Buffalo Grove Municipal Code to make a solicitation violation a "Must Appear at Hearing" requirement and to provide for an increase in the minimum fine for a solicitation violation. 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 recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Table 2.62.015-1, Table of Offenses and Fines, of the Buffalo Grove Municipal Code is hereby amended by changing the following offenses of Sections 5.24.020, 5.24.080, 5.24.090 and 5.24.100 as follows: Chapter/Section Title/Offenses Minimum Maximum Minimum Fine/Fine Fine* Fine Paid Before Must Hearing Appear At Hearin 5.24.020 Soliciting 9 S100 without a permit 5.24.080 Soliciting -Failure W S100 to leave when Packet Pg. 85 8.J.a requested 5.24.090 Soliciting where $-5-0 S100 posted "No Soliciting" 5.24.100 Soliciting in 9 $100 violation of Soliciting hours/days 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. 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: , 2017 APPROVED: 2017 PUBLISHED: , 2017 ATTEST: Janet Sirabian, Village Cleric #699841 APPROVED: Beverly Sussman, Village President Packet Pg. 86 8.K Resolution No. R-2017-23 : Resolution Relating to the Semi -Annual Review of Closed Session Minutes ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The Corporate Authorities have determined that the following set of closed session minutes no longer require confidential treatment and are available for public inspection. ATTACHMENTS: • RESOLUTION Closed Session 2017 (DOC) Trustee Liaison Ms. Sirabian Monday, August 21, 2017 Staff Contact Julie Kamka, Community Development Updated: 8/15/2017 7:53 AM Page 1 Packet Pg. 87 8.K.a RESOLUTION No. 2017- Resolution Relating to the Semi -Annual Review of Closed Session Minutes BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, pursuant to Section 2.06 of the Open Meetings Act: SECTION ONE: The Corporate Authorities of the Village determine that the following sets of closed session minutes of the Corporate Authorities no longer require confidential treatment and are available for public inspection: August 15, 2016 January 30, 2017 January 9, 2017 March 6, 2017 SECTION TWO: The Corporate Authorities of the Village determine that the need for confidentiality still exists as to all closed session minutes not listed in Section One above or not previously released, and the same shall not be released for public inspection. SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED AND APPROVED this 21St Attest: Village Clerk day of August , 2017 Village President 1 Packet Pg. 88 9.A Resolution No. R-2017-24 : Resolution Approving an Amended and Restated Intergovernmental Agreement Between the Villages of Long Grove and Buffalo Grove Concerning Administrative Adjudication and Other Matters ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. Long Grove approached staff about expanding Buffalo Grove's inspection services in Long Grove. Specifically, their Village Board is concerned about the compliance of the building/fire codes in the downtown. The Village of Long Grove is very happy with the services Buffalo Grove currently provides to Long Grove - which is attributed in large part to the professionalism of Property Maintenance Inspector, Joe Arrizi. Staff proposed an amended agreement to the current IGA with Long Grove for adjudication and inspection services. The most important items being an increase to the hourly rate that Long Grove pays to the Village from $58 to $65 per hour, an annual escalator of the hourly rate of 3% per year, and a maximum of 16 hours per week (currently 8). The agreement also indicates that Long Grove provide the Village $100 per hearing if any tickets written by the inspectors go to adjudication and should a fine or fee be assessed to the offender in adjudication the Village will receive 50% of the revenue. Should Long Grove take advantage of the full 16 hours - the contract equates to an increase of $30,000 in contract value which more than covers the cost of staff time associated with the service. As a part of this agreement, Staff recommends hiring a part-time property maintenance inspector (approximate 19 hours per week - and not IMRF eligible) to assistant the Village's full-time inspector. This position would provide additional resources to the Village for property maintenance inspections not only for Long Grove but for the Village of Buffalo Grove. The cost of the part-time employee would not result in additional costs to the Village based on the value of the contract. It is important to note that the financials do not include revenue from administrative adjudication or any fees and fines collected as it is unknown how many tickets will be written. ATTACHMENTS: • Redline IGA (PDF) • Resolution (DOCX) • Amendment to LG-Buffalo Grove IGA re Administrative Adjudication (DOCX) Trustee Liaison Weidenfeld Monday, August 21, 2017 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 8/11/2017 9:55 AM Page 1 Packet Pg. 89 : 'j) 'r, I A INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG THE VILLAGES OF LONG GROVE AND BUFFALO GROVE CONCERNING ADMINISTRATIVE ADJUDICATION THIS I IIII IIIII''I IIIIIIIIIIIIII l hfl`, S I A I INTERGOVERNMENTAL AGREEMENT .................................................................. ("Agreement') is made and entered into as of the day of ("Execution Date"), by and between the VILLAGE OF LONG GROVE, an Illinois municipal corporation ("Long Grove") and the VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation ("Buffalo Grove') (each a "Party' and collectively, the "Parties"). WITNESSETH: WHEREAS, Buffalo Grove operates an administrative adjudication system ("Buffalo Grove System") through which an administrative hearing officer ("Hearing Officer") conducts administrative hearings to adjudicate certain violations of the Buffalo Grove Village Code pursuant to Chapter 2.62 of the Buffalo Grove Village Code; and WHEREAS, the operation of the Buffalo Grove System is authorized by Division 1-2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2. 1 -1 et seq. and Division 11 -31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et seq. (collectively, the "Requirements of LaW'); and WHEREAS, Long Grove has 2[gyig u§�y adopted" aiic w4l ad(::�pt fffi'19F 1.0the ffeetiv:�, [:)1t ofth�s )4ceein;eint� an ordinance ("Long Grove Ordinance') Iligsii.mint to ll )II'Vilsilloirl 65 ',S segwhich authorizes Long Grove to administratively adjudicate violations of the of the Long Grove Property Maintenance Code, as set forth in Title 4, Chapter 14 of the Long Grove Village Code as amended from time to time, pursuant to the Long Grove Ordinance and the Requirements of Law" and W�II 1I �IEAS, the ll!!!!°aijiiins g,,eyously golered ink) ain Aigreerneirl ll!!3dweein ai,id A,noi,ii C ell �Iag!�� �:d:: [:::01,19 : � 9 �: � 11 Qirol/lic aind ��3uffdo 1111TIVe: 8d�22�n�s�raflve Adj�::��!�cati'011,11 A,iZL22M2!2f],' �:und ............. the ���Iairtes dii:�s�re tii�) ai,neindi:ii,id resta�e the 01,14i,4� Ag[�:�i,nei,it as sd ::oifth I'l flNs Alm�gmgot ig 9Pg�2d �iii`ld the seinjces g,�()yjded IIoy u�:J:dii�) Girulte Deg�`!1!1u"ag g2 I 1 5 11 01 0Ct11:fl-1l(::1, L 2017� InCl�:::: �� : : :: 2 1 �ding pgjggj�ainii� le �fl:: lc(:�rt,�: in a6fifloind� 2u,Opii!:: ��ly wllNi'l �� ng Grove and le)ipgo��elj einfOIT11911111: 11, t ami ��I(.Jii,�dcaflon of: v�dat�oiils d:: the 11D119 I�12Y2 /illIagg Qgdg uii,ii oirdii2ir to Code ccfl,�I[)llluaincia ai,id wllflin the `,JlIagg ai,id E U W�I 2 a im ii:N in d h oing 01ing t)ga, 1� 2�ioll to octo[mil, 1 0171 Orii:fli,iai,i�Xai,ffliciijze �� olil,ig QE,iove tio d: 2f 2ug I o le, as ai,rei,ided 11:� S I f t li,�adcli,is as set: foi1h iri ��t�e g tig g! g �g!Z��agle Q d firlaii flime t(.) flinie ain(i WHEREAS, pursuant to the Buffalo Grove System, and in accordance with the Requirements of Law, at the conclusion of an administrative hearing, the Hearing Officer makes a determination and issues a written ruling on the basis of the evidence presented at the hearing as to whether or not a code violation exists ("Final Judgment'); and WHEREAS, Long Grove desires to adjudicate the Violations via the Buffalo Grove System, and Buffalo Grove desires to facilitate the inspection, documentation, and adjudication 1000126S81 Packet Pg. 90 9.A.a of the Violations in the Buffalo Grove System by providing related services as described in this Agreement and pursuant to the Requirements of Law ("Adjudication Services"); and WHEREAS, to achieve these and other related objectives, the Parties desire to utilize the powers and authority granted to them, individually and collectively, pursuant to Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, this Agreement sets forth the terms and conditions pursuant to which Buffalo Grove will provide Long Grove access to and use of the Buffalo Grove System for processing Violations through the Buffalo Grove System; and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues affecting this matter, each of the Parties has determined that it is in the best interests of its citizens and of the general public welfare that the Parties execute and implement this Agreement; and WHEREAS, the Parties have each approved this Agreement by an ordinance or resolution duly adopted by the Party's corporate authorities; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby mutually acknowledge, and pursuant to all applicable statutes and local ordinances, specifically including, but without limitation, Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and the Requirements of Law, the Parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are, by this reference, incorporated into and made a part of this Agreement. Section 2. Purpose. This Agreement is made for the purpose of inspecting and adjudicating the Violations in the Buffalo Grove System, through and including entry of Final Judgment on the Violations by the Hearing Officer and collection of fees and fines imposed pursuant to such Final Judgment, in accordance with the Requirements of Law. Section 3. Term; Effective Date. A. Term. The term of this Agreement is two (2) years from the effective date of this Agreement ("Term"), provided that either Party may terminate this Agreement without cause during the Term, or any subsequent renewals of the Term, by providing thirty (30) days' written notice of termination to the other Party by certified mail or personal delivery. Either Party may renew this Agreement for additional, consecutive one (1) year terms by providing written notice to the other Party at least sixty (60) calendar days prior to the end of the Term, or any subsequent renewal of the Term, unless the Agreement is terminated by either Party in accordance with this Section 3.A. B. EffectiveDate. i u fo dl uu This Agreement Ilu�..��u�i���u��r,i��pri �:nuµn.ri u�^��i!ui���:�N p�q���usu��gU:u'� ��^���.... shall take effect upon 0 iii pll i u 1, 20 n i'°.204 ("Effective Date")....i II u2 Qp ugh i udll. Agl r ei n ^uitl�� cou,uflnii_ue liuru Il i.ullllll o rce °rind eiir:3ct u,ui nfllll flhe III :II'lle iikte II ))ate ..................................................................................................................................................................................................................................................................................... R, {00012658} Packet Pg. 91 9.A.a Section 4. General Cooperation. The Parties will cooperate with each other in furtherance of the purposes, goals, and objectives of this Agreement. Cooperation required by this Agreement specifically includes, but is not limited to, the mutual establishment of operating procedures and the sharing and joint utilization by and among the Parties of information and other materials necessary to adjudicate the Violations in the Buffalo Grove System, through and including entry of Final Judgment on the Violations by the Hearing Officer, pursuant to the Requirements of Law. Section 5. Inspection and Adjudication of Violations. A. Operating Procedures. Before inspecting or adjudicating any Violations in the Buffalo Grove System, the Parties will establish agreed operating procedures for the adjudication of the Violations that are consistent with the terms of this Agreement and comply with the Requirements of Law ("Operating Procedures"). The Operating Procedures shall be deemed incorporated into this Agreement without further notice upon their approval by both the Long Grove Village Manager and the Buffalo Grove Village Manager or their respective designees, provided that if any conflict exists between the Operating Procedures and this Agreement, the terms and provisions of this Agreement shall control. B. Adjudication Services. The Adjudication Services shall consist of the inspection, S hearing, adjudication, administration, and collection services set forth in this Section 5.13. Inspection services shall be performed by Buffalo Grove building or property inspectors as the authorized designees of the Long Grove Code Official. Inspections of potential Violations shall generally be performed baaweer:ii 1..1 0 a;rru and 'u ,l0 II3 u9n on Tuesdays and Thursdays, or as otherwise agreed by the Parties. Administrative hearings and adjudications to be processed c' through the Buffalo Grove System shall normally proceed at regular intervals on a date and time C to be determined by Buffalo Grove. Buffalo Grove shall provide Long Grove at least forty five -J (45) days notice of any change in a scheduled administrative hearing date. Such Adjudication N Services (other than inspection activities) under this Agreement shall be held at Buffalo Grove Village Hall, 50 Raupp Blvd., Buffalo Grove, IL 60089, unless otherwise designated by Buffalo N Grove. The Adjudication Services Buffalo Grove shall provide to Long Grove pursuant to the Operating Procedures and this Agreement include: Q 0 1. up to Xtili. 11::"Irl i l�e4jh O hours per week of inspection services, including: a. inspection of potential Violations identified by Long Grove; bm preparation of written records identifying the date, time, and location of inspections and appropriate descriptions and documentation of s all Violations observed; U a cm issuance of tickets for Violations; d. attendance at hearings, circuit court proceedings, and meetings as requested by Long Grove; e. provision of weekly updates on the status of inspections scheduled and performed and other outstanding inspection matters as requested by Long Grove; and travel time. {00012658} Packet Pg. 92 9.A.a 2. Adjudication facilities, including a hearing room accessible to the general public and Long Grove personnel and equipped with internet access, screen and projector, computer monitor, and audio recording equipment available to record the adjudication of Violations; 3. Clerical services, including: a. provision of an annual hearing schedule for the Buffalo Grove System, including the times and dates on which Long Grove may schedule hearing calls for the adjudication of the Violations before the Hearing Officer ("Hearing Calls"); b. creation of a hearing docket listing each of the Violations scheduled by Long Grove for a specific Hearing Call that Buffalo Grove will provide to Long Grove and the Hearing Officer in advance of the hearings on the Violations; C. providing copies of any continuances, findings, decisions, and orders of the Hearing Officer as to each Violation, including mailing such copies to defendants who are not present at the hearing; d. preparation of a written record listing the result of each case and the corresponding fines, if any, imposed and collected for each case; e. receipt and delivery of any payments made by cash or check to Long Grove's authorized representative at the end of each hearing N day of all fines imposed and received for the Violations during each Hearing Call, or, if no Long Grove authorized representative is N present at the Hearing Call, holding all such fines for the Violations until collection by Long Grove's authorized representative; Q c� f. assembly and maintenance of a copy of the complete hearing record concerning each Violation, including without limitation copies - of the notices of the Violation, the order(s) of the Hearing Officer, the hearing recording and any documents or other evidence; presented during the hearing ("Administrative Hearing Record'); E s g. such other services as the Parties may mutually agree are U necessary to facilitate the hearing of the violations by the Hearing a Officer; 4. Administrative hearing services, including the provision of a Hearing Officer who is qualified pursuant to the Requirements of Law and who will adjudicate the Violations through and including entry of Final Judgment on each Violation; 5. Receipt and processing of all fines and fees for Violations in accordance with the Requirements of Law; and {00012658} Packet Pg. 93 9.A.a 6. Such other services as the Parties may agree are necessary for the inspection, documentation, and adjudication of the Violations in the Buffalo Grove System in compliance with the Requirements of Law. C. Long Grove Responsibilities. Notwithstanding the provisions of Subsection 5.13 of this Agreement, the Adjudication Services do not include, and Long Grove shall be solely responsible for: (1) the decision to adjudicate any Violation, (2) the preparation and issuance of multiple copy Violation notice forms in compliance with the Long Grove Village Code, (3) the provision of authorized representatives, personnel, exhibits and witnesses (other than Buffalo Grove building and property inspectors) that Long Grove deems necessary to represent Long Grove and prosecute Long Grove's case before the Hearing Officer, and (4) the decision and duty to prosecute or defend any appeal(s) of a Final Judgment and/or subsequent appellate judgments on any Violation and any and all costs, fees and expenses related thereto. D. Appeals of Violations. If Long Grove notifies Buffalo Grove that a defendant or Long Grove has appealed a final judgment on a Violation by filing a complaint for administrative review with the Lake County Circuit Court, Buffalo Grove will provide Long Grove with the complete Administrative Hearing Record for the Violation no later than one week after receipt of such notice. Upon receipt of the Administrative Hearing Record, Long Grove will pay Buffalo Grove an Administrative Hearing Record Fee of $15.00, or such other amount as is agreed to by the Parties to compensate Buffalo Grove for reasonable copying costs and staff time incurred in the preparation of the Administrative Hearing Record for such Violation. Long Grove shall be solely responsible for prosecuting and/or defending any and all appeals through administrative review, or otherwise. E. Proposed Changes in the Operation of the Buffalo Grove System. If the Buffalo Grove Village Board considers any amendments to the Buffalo Grove Village Code that concern or otherwise relate to the authorization for, or operation of, the Buffalo Grove System, Buffalo Grove agrees to provide Long Grove with advance notice of any such proposed amendments prior to their adoption. Section 6. Compensation. Long Grove shall pay, no later than 30 calendar days after invoice, the following compensation to Buffalo Grove for Adjudication Services provided on any hearing date(s) that Violations are scheduled: Inspections, hearing or court attendance, and off -site p g § � .00 per meetings attended by an Inspector, including travel time: hour (with a minimum of 1.5 hours during any day.).:.......�...II ..!I:s ...................................................................................... 01111 he ................................ the f fie ctive ............................................................... Hearing Days, including all hearing calls conducted that $100.00 per day: day, plus 50% of fines or fees R, {00012658} Packet Pg. 94 9.A.a collected at the hearing,, Hourly fees shall be billed in six (6) minute increments. All invoices for hourly fees shall include the date services were provided, the address or other case/project identifier for the matter on which the services were rendered, a description of the services rendered, and the amount of time spent providing the service. Buffalo Grove shall provide invoices for fees and charges to Long Grove on a monthly basis. Long Grove shall be responsible for the prompt payment of fees, charges, and costs incurred in accordance with this Agreement during the Term, including any subsequent renewal terms. Section 7. Insurance. Each Party shall procure and maintain throughout the Term of this Agreement, including any subsequent renewal terms, the following minimum insurance coverages: A. Commercial general liability insurance with a minimum $1,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, and contractual liability. B. Business automobile liability insurance for any vehicle owned, non -owned, or rented by the Party and used in connection with the performance of this Agreement with a minimum $1,000,000 combined single limit per accident for bodily injury, property damage, and vehicle physical damage for property damage to any owned vehicle. C. Workers' compensation with not less than statutory limits and employers' liability coverage with a minimum $1,000,000 combined single limit per occurrence. Each Party shall provide to the other Party on an annual basis certificates of insurance reflecting the minimum coverages and amounts required by this Section 7. Section 8. General provisions. A. Notices. Unless otherwise provided in this Agreement, all notices required or permitted to be given to the Parties under this Agreement shall be given by: (i) personal delivery; (ii) deposit in the United States mail, enclosed in a sealed envelope with first class postage thereon; or (iii) deposit with a nationally recognized overnight delivery service, addressed as stated in this Section 8.A. The address of any Party may be changed by written notice to the other Parties. Any mailed notice shall be deemed to have been given and received within three days after the same has been mailed and any notice given by overnight courier shall be deemed to have been given and received within 24 hours after deposit. Notices and communications to each Party shall be addressed to, and delivered at, the following addresses: Long Grove: Village of Long Grove Buffalo Grove: Village of Buffalo Grove 3110 Old McHenry Road 50 Raupp Blvd. Long Grove, IL 60047 Buffalo Grove, IL 60089 Attn: Village Manager Attn: Village Manager R, {00012658} Packet Pg. 95 9.A.a With a copy to: Victor P. Filippini, Jr. Filippini Law Firm 990 Grove Street, Suite 220 Evanston, IL 60201 With a copy to: William G. Raysa Tressler LLP 22 S. Washington Ave. Park Ridge, Illinois 60068 B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or upon which any of the Parties is relying in entering into this Agreement. This Agreement, and all covenants and provisions herein contained shall bind and inure to the benefit of each respective local governmental entity which is a party hereto and their respective successors and assigns. C. Severability. If any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. D. Interpretation. It is the express intent of the Parties that this Agreement shall be construed and interpreted so as to preserve its validity and enforceability as a whole. In case of any conflict among the provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties shall control. The Parties hereto have been represented by counsel and have had full opportunity to discuss this Agreement prior to execution. This Agreement shall be construed without regard to the identity of the Party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all Parties to this Agreement participated equally in the drafting thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. E. Amendments and Modifications. This Agreement shall not be modified, changed, altered, or amended without the duly authorized and written consent of each of the Parties by their respective corporate authorities and pursuant to ordinance(s) or resolution(s) duly adopted and approved by the Party's corporate authorities. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved by the corporate authorities of each Party and properly executed in accordance with all applicable law. F. Authority to Execute. Each Party hereby warrants and represents to each other Party that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Beneficiaries. Nothing in this Agreement shall create, or shall be construed or interpreted to create, any third party beneficiary rights. This Agreement is entered into for the benefit of each of the Parties, solely, and not for the benefit of any third party. Nothing contained in this Agreement shall constitute a waiver of any privileges, defenses or immunities which either Party may have under the Local Government and Governmental Employees Tort Immunity Act with respect to any claim brought by a third party. H. No Assignments or Transfers. No party to this Agreement shall have the right to assign or transfer this Agreement or rights herein. R, {00012658} Packet Pg. 96 9.A.a I. Indemnification. Each Party (the "Indemnifying Party") hereby agrees to indemnify, hold harmless and defend the other Party (each an "Indemnified Party') from and against any and all losses, claims, expenses and damages (including reasonable attorneys' fees) made against or incurred by the Indemnified Party for any actions taken or failures to act by the Indemnifying Party in connection with the prosecution and/or adjudication of the Violations or the use or operation of the Buffalo Grove System, to the extent that such claims were not caused by actions, or failures to act, of the Indemnified Party. J. Execution. This Agreement shall be executed by all of the Parties in identical original duplicates and each of the duplicates shall, individually and taken together, constitute one and the same Agreement. [Signatures continues on next page.] R, {00012658} Packet Pg. 97 9.A.a IN WITNESS WHEREOF, the Parties have by their (,J.gw:u.11l.yduty authorized officers and representatives set their hands and affixed their seals to III :...., ^IIfeetjve a 7...ef 111 ue....1 ftled:J e Date el: this Agreement. ATTEST: By: Village Clerk ATTEST: By: Village Clerk VILLAGE OF LONG GROVE By: Village Manager VILLAGE OF BUFFALO GROVE By: Village Manager R, {00012658} Packet Pg. 98 9.A.b August 10, 2017 DM#699778 RESOLUTION NO. 2017- A RESOLUTION APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGES OF LONG GROVE AND BUFFALO GROVE CONCERNING ADMINISTRATIVE ADJUDICATION AND OTHER MATTERS WHEREAS, the Village of Buffalo Grove ("Buffalo Grove") operates an administrative adjudication system ("Buffalo Grove System") through which an administrative hearing officer ("Hearing Office,") conducts administrative hearings to adjudicate certain ordinance violations pursuant to Chapter 2.62 of the Buffalo Grove Village Code; and WHEREAS, the operation of the Buffalo Grove System is authorized by Division 1-2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq. and Division 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et seq.; and WHEREAS, the Village of Long Grove ("Long Grove") has established an administrative hearing system and authorized administrative adjudication of certain violations of the Long Grove Village Code pursuant to Division 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11- 31.1-1 et seq. and Title 1, Chapter 18 of the Long Grove Village Code; and WHEREAS, pursuant to Resolution No. 2015-R-23, the Buffalo Grove President and Board of Trustees of the Village approved an intergovernmental agreement with the Village of Long Grove (the "Original IGA") to provide for administrative adjudication of violations of the Long Grove Property Maintenance Code via the Buffalo Grove System; and WHEREAS, the Buffalo Grove Village President and Board of Trustees have determined that it is in the best interests of the Village and its residents to renew and extend the term of the Original IGA and to approve an amendment thereto to expand and enhance the services provided by Buffalo Grove including performance of certain property inspections within Long Grove to promote Code compliance and enforcement; and 1 Packet Pg. 99 9.A.b WHEREAS, the Buffalo Grove Village President and Board of Trustees have further determined that it is in the best interests of the Village of Buffalo Grove and its residents to approve: (i) renewal and extension of the Original IGA until October 1, 2017; and (ii) an amended and restated IGA in substantially the form attached hereto as Exhibit A that will take effect on October 1, 2017 (the "Amended IGA"); NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTY, a) ILLINOIS, as follows: as SECTION ONE: Recitals. The foregoing recitals are hereby incorporated into and a c 0 made a part of this Resolution as if fully set forth herein. 0 Cn SECTION TWO: Approval; Execution. The Buffalo Grove Village President and W a� Board of Trustees hereby: (i) approve the renewal and extension of the term of the Original IGA o 0 until October 1, 2017; (ii) approve the Amended IGA with the Village of Long Grove in o J substantially the form attached hereto as Exhibit A, which Amended IGA shall take effect on N October 1, 2017 and continue in force and effect thereafter as provided in the Amended IGA; o N and (iii) authorize the Buffalo Grove Village President or Village Manager and Village Clerk to c 0 execute and attest the Amended IGA, in a final form approved by the Village President or 3 0 W Village Manager in consultation with the Village Attorney, on behalf of the Village. SECTION THREE: Effective Date. This Resolution shall be in full force and effect a E s from and after its passage and approval in the manner provided by law. a AYES: NAYS: ABSENT: APPROVED: 2017 PASSED: .2017 E Packet Pg. 100 9.A.b Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk Packet Pg. 101 9.A.b EXHIBIT A Amended IGA Packet Pg. 102 9.A.c AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG THE VILLAGES OF LONG GROVE AND BUFFALO GROVE CONCERNING ADMINISTRATIVE ADJUDICATION THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into as of the day of , 2017 ("Execution Date'), by and between the VILLAGE OF LONG GROVE, an Illinois municipal corporation ("Long Grove") and the VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation ("Buffalo Grove') (each a "Party' and collectively, the "Parties"). WITNESSETH: WHEREAS, Buffalo Grove operates an administrative adjudication system ("Buffalo Grove System") through which an administrative hearing officer ("Hearing Office'') conducts administrative hearings to adjudicate certain violations of the Buffalo Grove Village Code pursuant to Chapter 2.62 of the Buffalo Grove Village Code; and WHEREAS, the operation of the Buffalo Grove System is authorized by Division 1-2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq. and Division 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et seq. (collectively, the "Requirements of LaW'); and WHEREAS, Long Grove has previously adopted an ordinance ("Long Grove Ordinance") pursuant to Division 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et seq., which authorizes Long Grove to administratively adjudicate violations of the of the Long Grove Property Maintenance Code, as set forth in Title 4, Chapter 14 of the Long Grove Village Code as amended from time to time, pursuant to the Long Grove Ordinance and the Requirements of Law; and WHEREAS, the Parties previously entered into an Intergovernmental Agreement Between and Among the Villages of Long Grove and Buffalo Grove Concerning Administrative Adjudication ("Original Agreement'); and WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth in this Agreement to expand and enhance the services provided by Buffalo Grove beginning on October 1, 2017, including performance of certain additional property inspections within Long Grove and expanded enforcement and adjudication of violations of the Long Grove Village Code in order to promote Code compliance and enforcement within the Village; and WHEREAS, Long Grove has, or will prior to October 1, 2017, amend the Long Grove Ordinance to authorize Long Grove to administratively adjudicate violations of the Village of Long Grove's Building Regulations as set forth in Title 4 of the Long Grove Village Code, as amended from time to time ("Violations"); and WHEREAS, pursuant to the Buffalo Grove System, and in accordance with the Requirements of Law, at the conclusion of an administrative hearing, the Hearing Officer makes a determination and issues a written ruling on the basis of the evidence presented at the hearing as to whether or not a code violation exists ("Final Judgment'); and WHEREAS, Long Grove desires to adjudicate the Violations via the Buffalo Grove System, and Buffalo Grove desires to facilitate the inspection, documentation, and adjudication {00016464 21 Packet Pg. 103 9.A.c of the Violations in the Buffalo Grove System by providing related services as described in this Agreement and pursuant to the Requirements of Law ("Adjudication Services"); and WHEREAS, to achieve these and other related objectives, the Parties desire to utilize the powers and authority granted to them, individually and collectively, pursuant to Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, this Agreement sets forth the terms and conditions pursuant to which Buffalo Grove will provide Long Grove access to and use of the Buffalo Grove System for processing Violations through the Buffalo Grove System; and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues affecting this matter, each of the Parties has determined that it is in the best interests of its citizens and of the general public welfare that the Parties execute and implement this Agreement; and WHEREAS, the Parties have each approved this Agreement by an ordinance or resolution duly adopted by the Party's corporate authorities; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby mutually acknowledge, and pursuant to all applicable statutes and local ordinances, specifically including, but without limitation, Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and the Requirements of Law, the Parties hereby agree as follows: Section 1. Recitals. The foregoing recitals are, by this reference, incorporated into and made a part of this Agreement. Section 2. Purpose. This Agreement is made for the purpose of inspecting and adjudicating the Violations in the Buffalo Grove System, through and including entry of Final Judgment on the Violations by the Hearing Officer and collection of fees and fines imposed pursuant to such Final Judgment, in accordance with the Requirements of Law. Section 3. Term; Effective Date. A. Term. The term of this Agreement is two (2) years from the Effective Date of this Agreement ("Term"), provided that either Party may terminate this Agreement without cause during the Term, or any subsequent renewals of the Term, by providing thirty (30) days' written notice of termination to the other Party by certified mail or personal delivery. Either Party may renew this Agreement for additional, consecutive one (1) year terms by providing written notice to the other Party at least sixty (60) calendar days prior to the end of the Term, or any subsequent renewal of the Term, unless the Agreement is terminated by either Party in accordance with this Section 3.A. B. Effective Date. The amended and restated provisions set forth in this Agreement shall take effect upon October 1, 2017 ("Effective Date"). The Original Agreement shall continue in full force and effect until the Effective Date. 100016464 2} L Packet Pg. 104 9.A.c Section 4. General Cooperation. The Parties will cooperate with each other in furtherance of the purposes, goals, and objectives of this Agreement. Cooperation required by this Agreement specifically includes, but is not limited to, the mutual establishment of operating procedures and the sharing and joint utilization by and among the Parties of information and other materials necessary to adjudicate the Violations in the Buffalo Grove System, through and including entry of Final Judgment on the Violations by the Hearing Officer, pursuant to the Requirements of Law. Section 5. Inspection and Adjudication of Violations. A. Operating Procedures. Before inspecting or adjudicating any Violations in the Buffalo Grove System, the Parties will establish agreed operating procedures for the adjudication of the Violations that are consistent with the terms of this Agreement and comply with the Requirements of Law ("Operating Procedures"). The Operating Procedures shall be deemed incorporated into this Agreement without further notice upon their approval by both the Long Grove Village Manager and the Buffalo Grove Village Manager or their respective designees, provided that if any conflict exists between the Operating Procedures and this Agreement, the terms and provisions of this Agreement shall control. B. Adiudication Services. The Adjudication Services shall consist of the inspection, hearing, adjudication, administration, and collection services set forth in this Section 5.B. Inspection services shall be performed by Buffalo Grove building or property inspectors as the authorized designees of the Long Grove Code Official. Inspections of potential Violations shall generally be performed on Tuesdays and Thursdays, or as otherwise agreed by the Parties. Administrative hearings and adjudications to be processed through the Buffalo Grove System shall normally proceed at regular intervals on a date and time to be determined by Buffalo Grove. Buffalo Grove shall provide Long Grove at least forty-five (45) days notice of any change in a scheduled administrative hearing date. Such Adjudication Services (other than inspection activities) under this Agreement shall be held at Buffalo Grove Village Hall, 50 Raupp Blvd., Buffalo Grove, IL 60089, unless otherwise designated by Buffalo Grove. The Adjudication Services Buffalo Grove shall provide to Long Grove pursuant to the Operating Procedures and this Agreement include: Up to sixteen (16) hours per week of inspection services, including: a. inspection of potential Violations identified by Long Grove; b. preparation of written records identifying the date, time, and location of inspections and appropriate descriptions and documentation of all Violations observed; C. issuance of tickets for Violations; d. attendance at hearings, circuit court proceedings, and meetings as requested by Long Grove; e. provision of weekly updates on the status of inspections scheduled and performed and other outstanding inspection matters as requested by Long Grove; and travel time. 100016464 2} .5 Packet Pg. 105 9.A.c 2. Adjudication facilities, including a hearing room accessible to the general public and Long Grove personnel and equipped with internet access, screen and projector, computer monitor, and audio recording equipment available to record the adjudication of Violations; 3. Clerical services, including: a. provision of an annual hearing schedule for the Buffalo Grove System, including the times and dates on which Long Grove may schedule hearing calls for the adjudication of the Violations before the Hearing Officer ("Hearing Calls"); b. creation of a hearing docket listing each of the Violations scheduled by Long Grove for a specific Hearing Call that Buffalo Grove will provide to Long Grove and the Hearing Officer in advance of the hearings on the Violations; C. providing copies of any continuances, findings, decisions, and orders of the Hearing Officer as to each Violation, including mailing such copies to defendants who are not present at the hearing; d. preparation of a written record listing the result of each case and the corresponding fines, if any, imposed and collected for each case; e. receipt and delivery of any payments made by cash or check to Long Grove's authorized representative at the end of each hearing day of all fines imposed and received for the Violations during each Hearing Call, or, if no Long Grove authorized representative is present at the Hearing Call, holding all such fines for the Violations until collection by Long Grove's authorized representative; assembly and maintenance of a copy of the complete hearing record concerning each Violation, including without limitation copies of the notices of the Violation, the order(s) of the Hearing Officer, the hearing recording and any documents or other evidence presented during the hearing ("Administrative Hearing Record'); g. such other services as the Parties may mutually agree are necessary to facilitate the hearing of the violations by the Hearing Officer; 4. Administrative hearing services, including the provision of a Hearing Officer who is qualified pursuant to the Requirements of Law and who will adjudicate the Violations through and including entry of Final Judgment on each Violation; 100016464 2} Packet Pg. 106 9.A.c 5. Receipt and processing of all fines and fees for Violations in accordance with the Requirements of Law; and 6. Such other services as the Parties may agree are necessary for the inspection, documentation, and adjudication of the Violations in the Buffalo Grove System in compliance with the Requirements of Law. C. Lonq Grove Responsibilities. Notwithstanding the provisions of Subsection 5.13 of this Agreement, the Adjudication Services do not include, and Long Grove shall be solely responsible for: (1) the decision to adjudicate any Violation, (2) the preparation and issuance of multiple copy Violation notice forms in compliance with the Long Grove Village Code, (3) the provision of authorized representatives, personnel, exhibits and witnesses (other than Buffalo Grove building and property inspectors) that Long Grove deems necessary to represent Long Grove and prosecute Long Grove's case before the Hearing Officer, and (4) the decision and duty to prosecute or defend any appeal(s) of a Final Judgment and/or subsequent appellate judgments on any Violation and any and all costs, fees and expenses related thereto. D. Appeals of Violations. If Long Grove notifies Buffalo Grove that a defendant or Long Grove has appealed a final judgment on a Violation by filing a complaint for administrative review with the Lake County Circuit Court, Buffalo Grove will provide Long Grove with the complete Administrative Hearing Record for the Violation no later than one week after receipt of such notice. Upon receipt of the Administrative Hearing Record, Long Grove will pay Buffalo Grove an Administrative Hearing Record Fee of $15.00, or such other amount as is agreed to by the Parties to compensate Buffalo Grove for reasonable copying costs and staff time incurred in the preparation of the Administrative Hearing Record for such Violation. Long Grove shall be solely responsible for prosecuting and/or defending any and all appeals through administrative review, or otherwise. E. Proposed Changes in the Operation of the Buffalo Grove System. If the Buffalo Grove Village Board considers any amendments to the Buffalo Grove Village Code that concern or otherwise relate to the authorization for, or operation of, the Buffalo Grove System, Buffalo Grove agrees to provide Long Grove with advance notice of any such proposed amendments prior to their adoption. Section 6. Compensation. Long Grove shall pay, no later than 30 calendar days after invoice, the following compensation to Buffalo Grove for Adjudication Services provided on any hearing date(s) that Violations are scheduled: Inspections, hearing or court attendance, and off -site meetings $65.00 per hour attended by an Inspector, including travel time: (with a minimum of 1.5 hours during any day). This rate will increase by 3% each year on the anniversary of the Effective Date. Hearing Days, including all hearing calls conducted that day: $100.00 per day, plus 50% of 100016464 2} 5 Packet Pg. 107 9.A.c fines or fees collected at the hearing. Hourly fees shall be billed in six (6) minute increments. All invoices for hourly fees shall include the date services were provided, the address or other case/project identifier for the matter on which the services were rendered, a description of the services rendered, and the amount of time spent providing the service. Buffalo Grove shall provide invoices for fees and charges to Long Grove on a monthly basis. Long Grove shall be responsible for the prompt payment of fees, charges, and costs incurred in accordance with this Agreement during the Term, including any subsequent renewal terms. Section 7. Insurance. Each Party shall procure and maintain throughout the Term of this Agreement, including any subsequent renewal terms, the following minimum insurance coverages: A. Commercial general liability insurance with a minimum $1,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, and contractual liability. B. Business automobile liability insurance for any vehicle owned, non -owned, or rented by the Party and used in connection with the performance of this Agreement with a minimum $1,000,000 combined single limit per accident for bodily injury, property damage, and vehicle physical damage for property damage to any owned vehicle. C. Workers' compensation with not less than statutory limits and employers' liability coverage with a minimum $1,000,000 combined single limit per occurrence. Each Party shall provide to the other Party on an annual basis certificates of insurance reflecting the minimum coverages and amounts required by this Section 7. Section 8. General provisions. A. Notices. Unless otherwise provided in this Agreement, all notices required or permitted to be given to the Parties under this Agreement shall be given by: (i) personal delivery; (ii) deposit in the United States mail, enclosed in a sealed envelope with first class postage thereon; or (iii) deposit with a nationally recognized overnight delivery service, addressed as stated in this Section 8.A. The address of any Party may be changed by written notice to the other Parties. Any mailed notice shall be deemed to have been given and received within three days after the same has been mailed and any notice given by overnight courier shall be deemed to have been given and received within 24 hours after deposit. Notices and communications to each Party shall be addressed to, and delivered at, the following addresses: Long Grove: Village of Long Grove 3110 Old McHenry Road Long Grove, IL 60047 Buffalo Grove: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 100016464 2} Packet Pg. 108 9.A.c Attn: Village Manager With a copy to: Victor P. Filippini, Jr. Filippini Law Firm 990 Grove Street, Suite 220 Evanston, IL 60201 Attn: Village Manager With a copy to: William G. Raysa Tressler LLP 22 S. Washington Ave. Park Ridge, Illinois 60068 B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or upon which any of the Parties is relying in entering into this Agreement. This Agreement, and all covenants and provisions herein contained shall bind and inure to the benefit of each respective local governmental entity which is a party hereto and their respective successors and assigns. C. Severability. If any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. D. Interpretation. It is the express intent of the Parties that this Agreement shall be construed and interpreted so as to preserve its validity and enforceability as a whole. In case of any conflict among the provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties shall control. The Parties hereto have been represented by counsel and have had full opportunity to discuss this Agreement prior to execution. This Agreement shall be construed without regard to the identity of the Party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all Parties to this Agreement participated equally in the drafting thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. E. Amendments and Modifications. This Agreement shall not be modified, changed, altered, or amended without the duly authorized and written consent of each of the Parties by their respective corporate authorities and pursuant to ordinance(s) or resolution(s) duly adopted and approved by the Party's corporate authorities. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved by the corporate authorities of each Party and properly executed in accordance with all applicable law. F. Authority to Execute. Each Party hereby warrants and represents to each other Party that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G. No Third Party Beneficiaries. Nothing in this Agreement shall create, or shall be construed or interpreted to create, any third party beneficiary rights. This Agreement is entered into for the benefit of each of the Parties, solely, and not for the benefit of any third party. Nothing contained in this Agreement shall constitute a waiver of any privileges, defenses or immunities which either Party may have under the Local Government and Governmental Employees Tort Immunity Act with respect to any claim brought by a third party. 100016464 2} / Packet Pg. 109 9.A.c H. No Assignments or Transfers. No party to this Agreement shall have the right to assign or transfer this Agreement or rights herein. I. Indemnification. Each Party (the "Indemnifying Party' hereby agrees to indemnify, hold harmless and defend the other Party (each an "Indemnified Party') from and against any and all losses, claims, expenses and damages (including reasonable attorneys' fees) made against or incurred by the Indemnified Party for any actions taken or failures to act by the Indemnifying Party in connection with the prosecution and/or adjudication of the Violations or the use or operation of the Buffalo Grove System, to the extent that such claims were not caused by actions, or failures to act, of the Indemnified Party. J. Execution. This Agreement shall be executed by all of the Parties in identical original duplicates and each of the duplicates shall, individually and taken together, constitute one and the same Agreement. [Signatures continues on next page.] 100016464 2} t$ Packet Pg. 110 9.A.c IN WITNESS WHEREOF, the Parties have by their duly authorized officers and representatives set their hands and affixed their seals to this Agreement. ATTEST: VILLAGE OF LONG GROVE By: By: Village Clerk Village Manager ATTEST: VILLAGE OF BUFFALO GROVE By: By: Village Clerk Village Manager 100016464 2} Packet Pg. 111 9.B Ordinance No. 0-2017-37 : Ordinance Approving a Special Use for a Child Day Care Home at 200 Timber Hill Dr. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action The PZC recommended approval (6-2) of the special use, subject to conditions. Staff concurs with this recommendation. The petitioner, Marina Furman would like to open a child day care home at 200 Timber Hill Road. The child day care home would provide care for up to 8 children ages 18 months to 5 years old. Pursuant to the Zoning Ordinance, Child Day Care Homes are allowed as a Special Use within residential districts. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOC) • Aerial (PDF) • Petitioner's Letter & Supporting Documents (PDF) • Child Day Care Home Special Use Criteria (PDF) • Neighbors Letter Regarding Parking (PDF) Trustee Liaison Ottenheimer Monday, August 21, 2017 Staff Contact Chris Stilling, Community Development Updated: 8/17/2017 10:37 AM Page 1 Packet Pg. 112 9.B.a VILL,AGE OF BUFFALO G110"VE DATE: August 17, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Ordinance Approving a Special Use for a Child Day Care Home at 200 Timber Hill Dr BACKGROUND The petitioner, Marina Furman would like to open a child day care home at 200 Timber Hill Road. This is the primary residence of Marina Furman. The child day care home would provide care for up to 8 children ages 18 months to 5 years old. Pursuant to the Zoning Ordinance, Child Day Care Homes are allowed as a Special Use within residential districts. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION The PZC recommended approval (6-2) of the special use, subject to the following conditions: 1. Petitioner shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance. 2. The special use shall be in effect for a period of two (2) years from the date of this Ordinance The Petitioner is required to apply to the Village for re -authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. 3. The petitioner shall obtain a DCFS license. A copy of the DCFS license shall be provided to the Village prior to the issuance of a business license. 4. The special use shall be automatically revoked if the Petitioner fails, for any reason, to have a valid license issued by the Illinois Department of Children and Family Services (IL DCFS). 5. The Petitioner shall obtain a Village business license prior to operation of the child day care home. 6. The special use does not authorize any use in violation of any covenants running with the Property. 7. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. 8. Petitioner shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. 9. This special use is granted to Marina Furman. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. 10. Prior to the issuance of the Village business license, the petitioner shall install a self -closing and latching gate in a manner acceptable to the Village. Page 1 of 2 Packet Pg. 113 9.B.a 11. At least one staff member must be present at all times during the hours of operation at the Child Care Home who is able to effectively communicate with emergency personnel in the event of an emergency. Staff concurs with this recommendation. PUBLIC HEARING COMMENTS During the public hearing, several residents testified expressing concerns about the following: • Parking • Drop-off/pick-up operations • Concern that the petitioner does not live at the residence during weekends. It has been confirmed that Marina Furman is a full-time resident at the home. Ms. Furman did provide evidence that she is a homeowner including proof of ownership and a copy of her driver's license. Furthermore, staff did look at water billing history for the home and determined that the home is using water during the weekends. As for parking and drop-off/pick-up, Ms. Furman owns 1 vehicle which is kept in the existing 2-car garage. At their maximum capacity, the day care home could have 2 additional staff vehicles. It was indicated that 1 staff member would park in the garage. The other staff member would park in the driveway. This would still allow for 2-3 vehicles in the driveway for drop-off/pick-up. The petitioner also requires parents to sign a policy which assigns times for drop-off/pick-up for each parent. Subsequent to the PZC public hearing, the Village received the attached correspondence from a neighbor expressing concerns about the daycare staff and parents parking in the street. Pursuant to the special use criteria for a day care home (attached), staff members shall not park their cars in the street. Therefore, the staff vehicle will not be permitted in the street during operations. Furthermore, the Village has the authority to routine reviews and inspections of each daycare home to ensure that they are meeting the special use criteria and not creating a hazard for neighbors. As part of this process, Village staff will work with the petitioner to minimize parking on the street by parents. RECOMMENDATION O Staff recommends that the Village Board approve an Ordinance granting the special use, subject to 0 the conditions in the attached Ordinance. E a� O m Page 2 of 2 Packet Pg. 114 9.B.b August 10, 2017 ORDINANCE NO. 2017 - AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-5A RESIDENTIAL ZONING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Marina Furman 200 Timber Hill Road 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 is zoned R-5A, and is occupied by a single—family detached residence commonly known as 200 Timber Hill Road; and, WHEREAS, Roman Furman; Jennifer Furinan; Alexander Furman and Marina Furman are the owners of the Property; and, WHEREAS, Marina Furman ("Petitioner") who resides at the Property has petitioned to the Village for a special use to operate a child day care home at the Property; and, WHEREAS, notice of the public hearing concerning the petition for a special use was given, and the public hearing was held on August 2, 2017 by the Buffalo Grove Planning & Zoning Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Planning & Zoning Commission made the following findings: That the child day care use will serve the public convenience and will not be detrimental to, nor endanger the public health, safety, morals comfort or general welfare; That the child day care use will not be injurious to the use and en j oyment of other property in the immediate vicinity, nor substantially diminish and impair other property valuations within the neighborhood; a L O That the Petitioner presented adequate evidence that the child day care use will be properly }; managed to minimize impacts on adjacent properties; and, CD z Based upon the adherence to the submitted Pick up and Drop off Policy, there is adequate parking to serve the child day care use. Q WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Planning & Zoning Commission determined that the criteria and standards for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village's Zoning Ordinance have Packet Pg. 115 9.B.b been met and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Planning & Zoning Commission voted 6 to 2, to recommend approval of a special use for the proposed child day care home on the Property; and, WHEREAS, the President and Board of Trustees after due and careful consideration have determined that the requirements for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance have been met and that the use of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, 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 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 adopt a proper, valid and binding ordinance approving a special use for a child day care home for the following legally described property: SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 136 in Strathmore in Buffalo Grove Unit 1 in Section 5 and 6, Township 42 north, Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded May 3, 1967, as Document 20125932, in Cook County, Illinois. Section 3. The special use is subject to the following conditions: 1. Petitioner shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance. c 2. The special use shall be in effect for a period of two (2) years from the date of this 0 Ordinance. The Petitioner is required to apply to the Village for re -authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. 3. The petitioner shall obtain a DCFS license. A copy of the DCFS license shall be provided to the Village prior to the issuance of a business license. a 4. The special use shall be automatically revoked if the Petitioner fails, for any reason, to p have a valid license issued by the Illinois Department of Children and Family Services (IL DCFS). 5. The Petitioner shall obtain a Village business license prior to operation of the child day care home. 6. The special use does not authorize any use in violation of any covenants running with the Q Property. 7. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time 2 Packet Pg. 116 9.B.b when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. 8. Petitioner shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. 9. This special use is granted to Marina Furman. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. 10. Prior to the issuance of the Village business license, the petitioner shall install a self - closing and latching gate in a manner acceptable to the Village. 11. At least one staff member must be present at all times during the hours of operation at the Child Care Home who is able to effectively communicate with emergency personnel in the event of an emergency. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance and Agreement form with the Village. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: 2017 ATTEST: Janet M. Sirabian, Village Clerk 3 APPROVED: Beverly Sussman, Village President Packet Pg. 117 9.B.b EXHIBIT A Petitioners Acceptance and Agreement Concerning the Special Use for a Child Day Care Home at 200 Timber Hill Road Marina Furman does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in the approved Ordinance duly passed and approved by the Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 200 Timber Hill Road. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Ordinance, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Marina Furman 200 Timber Hill Road Buffalo Grove, 1L 60089 Subscribed and sworn to before me this , 2017 by Marina Furman. Notary Public `i Packet Pg. 118 ('ad IIIH aagujIl OOZ }e awoH OJeO Ae(3pII4o a aoj ash leloadS : L£-L 6OZ-O) lelaad :IUOWLjoeljv 06/19/17 To Whom It May Concern: My name is Roman Furman and I and my mother, Marina Furman, are applying for a special use permit in order to operate a home daycare at 200 Timber Hill Road, in Buffalo Grove, IL. We moved earlier this year from our previous location in Wheeling, IL and currently we are in the process of finalizing the transfer of our DCFS license to the current location. Our daycare should have up to eight children, aged 18 months to 5 years. We plan on operating during the hours of 8 am to 6 pm and the staff should include me, my mother, and two assistants. With respect drop off and pick up, we do have a policy that is communicated to all of our clients and this policy is specifically stating how and where everything should take place so that there will be no traffic or hazard to the surrounding community. With respect to the Child Day Care Home Special Use Criteria, our response is as follows: • Our location fits the requirements of the special use criteria in section 17.28.040. The operation should not create dangers and problems to public health, safety, morale and comfort. The location of the daycare is not adjacent to major roads or other public objects and the size of the property are potentially appropriate. • The special use in our location should not have a negative impact or impairment to the value or conditions of other properties in the area. As well, we do not believe that the special use in our location should create problems with development and use in adjacent buildings. • Our location has adequate utilities, access roads, drainage, and other structures that are required for operation and safety. • The driveway has adequate space to fit up to two cars at one time. We have a pick up and drop off policy that is designed to prevent traffic congestion and safety hazards. Parking should take place on the driveway, along with pick up and drop off. • My mother and I are the property owners of 200 timber Hill RD • We are in the final stage of getting our DCFS license moved to our new location on 200 Timber Hill RD. • We agree that an inspection by the Village Department of Building and Zoning, Health Officer and Fire Department is required and we are ready to be inspected any time. • Our operation should not be detrimental or dangerous to the surroundings and we do have a hazard protection plan in place • Our hours of operation will typically be 8 am to 6 pm, and outdoor play activities will take place in the backyard only and during hours of operation only. • The driveway has adequate space to fit up to two cars at one time. • We have a pick up and drop off policy that is designed to prevent traffic congestion and safety hazards • The play area is in the back yard and it is enclosed by a metallic fence that is higher than 4 feet. There is a self closing and latching gate that secures the play area in the back. • We do not have any sound amplification devices, and we do not need any such devices, that can create noise or other disturbance to the adjacent properties. • We have two additional assistants who will be employed by the daycare • We understand the requirements of the Village and we will accept periodic safety and health inspections. Packet Pg. 120 9.B,d Pick Up/Drop-Off Policy Dear Parent, There has been concern from the neighbors about the increased number of cars and parking situation. In order to keep pleasant relations with them, I have set up a schedule with my other clients so that parents will be coming and going at different times during the day. It is important to me to respect my neighbors and I can do this by creating rules that will respect their property. The following is my pick up and drop off traffic policy: 1. Please use the driveway only when picking up or dropping off your children. Two cars can be in my driveway at one time. If the driveway is full, please drive around the block until a client leaves. 2. Please turn around in my driveway only. 3. It is important not to block any neighbor's driveway with your car. 4. Your child must be walked to the door of the house for drop off and picked up inside the house. 5. No honking of horn for pick up or any other time. 6. Park your car far enough in the driveway so that the sidewalk is clear. Your time to drop off your child in the morning is .......... — - _ ..............-__ Your time to pick up your child in the evening is If there are any changes in your schedule please call to let me know immediately so I can accommodate the other parents also. Thank you for following these policies. I have read the above requested policies and will abide by them. Parent signature Date Packet Pg. 121 9.B,d Hazard Protection Plan By: Marina and Roman Furman Traffic: The traffic on our street is slow during most of the day and it consists from the passenger cars of our neighbors and other people who live nearby. The only busy street that is close is Lake Cook Rd and it can be avoided if going to a local park or playground. On both our street and around the entire neighborhood pedestrian sidewalks are available. Therefore, traffic should not be a serious hazard to children in our area. Water: There are no water bodies, such as lakes or ponds, in our neighborhood. However, we do have a water hose in our backyard. The water hose is in an area not accessible to children. Inside the daycare, all water hoses and sources are not accessible to children. When access to water is needed, the children are always accompanied by an adult. Stairwells: There are no stairs in the house since there is only one floor. Dogs and Pets: There are no dogs or any other type of pets in the facility. Supervision and Travel: Children are always supervised and accompanied by an adult and an assistant and during all types of activities in the daycare. Normally, there are no traveling activities outside the daycare. During outdoor activities, the children are always watched by an adult and playing is allowed only in a certain area of the backyard, which is fenced and have no items other then toys or playing equipment. Fireplace: The fireplace is not in use during all times. It is securely locked and not accessible to children. Fire and Electricity: The daycare has operable smoke and carbon monoxide detectors in areas where children are present. There is also an operable and annually inspected fire extinguisher. All electrical outlets are covered at all times by safety plugs, and electrical appliances are kept in areas inaccessible to children and are operated by adults only. Firearms and Chemicals: There are no firearms of any kind at the daycare. Sharp objects are kept locked away and are not accessible to children at all times. Packet Pg. 122 9.B,d Evacuation Plan Primary evacuation route from your home in case of a fire: An adult member, provider or assistant, takes the children outside via the front door. The outside meeting place for the children is: The daycare entrance and the garage driveway. List an alternative evacuation route in the event the primary one is blocked: An adult member will take the kids to the backyard via the backyard door and will go out of the daycare territory via the open area. The kids can also be brought to the living room and from there they will be taken to the garage and outside to the driveway. List area of shelter in case of a tornado: Adult members and children will go to the corridor that is between the child play area and the children bedroom. Contact with parents and emergency services are kept at all times until the situation is cleared. Description of fire escape plan: An adult member will take the children outside via the nearest exit door and will call the fire department. Another adult will use safety equipment to stop the fire. Cell phones or other equipment are used to communicate between the two adults. (Floor plan with exits and major areas is on the second page) I understand that it is my responsibility as a day care provider to instruct and practice the above fire drill and tornado drill with the day care children on a monthly basis and to keep a written record of such drills for review by the Department of Children and Family Service. Signature: Date: Packet Pg. 123 9.B,d Medical Emergency Plan 1. Call 911 2. Call emergency services and Poison Control (1800-222-1222) in case of poisoning or irritation. 3. Notify the parents. Medications are given to the child only with the permission of the parents who brought the medications and allowed these to be given to their child in times of need. Tornado Plan In the event of a severe tornado, all of the children and the adult members of the daycare are moved to the windowless parts of the daycare, which are the corridor and the adjacent bathroom. Necessary supplies, such as; first aid kit, drinking water, and foods are brought as well. Radio warnings and messages are kept at all times and emergency services are notified in case of need. Parents are contacted and notified about the status of their children. The caregivers and the children are to stay in the corridor until the tornado is cleared. Date: Name of Provider: Signature: Packet Pg. 124 9.B.e Child Day Care Home Special Use Criteria Please provide/confirm that the child Day care Home meets each of the following criteria. The responses need to affirm each separate item individually and need to be submitted in writing. 1. A special use for a child day care home shall meet the Special Use requirements of Section 17.28.040. 2. Verification that the day care provider is a full-time resident of the home. 3. Verification that the home is licensed by the Illinois Department of Children and Family Services, and that applicable requirements of the Illinois Department of Public Health will be met. 4. Inspection by the Village Department of Building and Zoning, Health Officer and Fire Department to determine that all life -safety, health and other applicable codes will be met. 5. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 6. The following standards shall be met: a. Provision of child care shall be limited each day to the hours of 6:00 a.m. to 8:00 p.m. Outdoor play shall not be allowed before 8:00 a.m. b. Adequate space shall be provided on the driveway of the property for parking while children are being dropped off or picked up at the home. c. Traffic congestion or safety hazards shall not be created in the adjacent neighborhood. d. A play area shall be provided in the rear yard of the property. Said area shall be enclosed by a fence at least four feet in height to ensure the safety of the children. The fenced play area shall be secured with self -closing and self -latching gate(s) as approved by the Village. Said play area shall be screened from adjacent properties with fencing or landscaping. e. The day care activities shall not create undue noise or other nuisances for adjacent properties. There shall be no outdoor sound amplification devices which produce distinctly and loudly audible sounds beyond the boundary of the property from which the sound originates. f. Employees who are not residents of the day care home may be employed by the day care provider, if it is determined by the Planning & Zoning Commission that this would not be detrimental to the neighborhood. Parking shall be provided on the property for any employee driving to the home. g. An approved day care home shall be subject to periodic inspection by the Village in accordance with Village procedures for inspections concerning health, life -safety and other applicable regulations. The Planning & Zoning Commission and Corporate Authorities may impose conditions and restrictions as may be necessary or appropriate to comply with the foregoing criteria and standards. The foregoing standards may be modified as deemed reasonable in specific cases. The Planning & Zoning Commission shall consider the number and location of other child day care homes so as to avoid congestion and other negative impacts. SECIAL USE CRITERIA A. All special uses shall meet the following criteria: I It Packet Pg. 125 9.B.e 1. The special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or 4. 5. endanger the public health, safety, morals, comfort, or general welfare; The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. I V Packet Pg. 126 9.B.f August 12, 2017 Village of Buffalo Grove Village Board Zoning Department To Whom It May Concern: This letter is in reference to the proposed zoning variance for a home day care center located at 200 Timber Hill Road, and it should be considered prior to the August 21 Village Board meeting. During the 6 months of operation prior to the hearing, the facility has generated quite a bit of traffic and parking activity as they have conducted business. This has provided ample opportunity for local residents to experience what it will be like to have a home day care facility as a neighbor. From across the street, we have found that the house and yard are well cared for. The noise level is like that of any other home in the vicinity. In addition, one neighbor who lives adjacent to the property has observed that the owner -in -residence seems to be a caring person who appears to handle the children well. This neighbor is a mother, teacher, and utilized home day care for one of her children when he was young. My wife and I recently returned home in the midst of our family vacation in order to attend the zoning hearing for this venture. We wanted to learn more about their operation, and also have a chance to present our concerns to the board. Living directly across the street at 203 Timber Hill Road, we reported our observations regarding the parking of staff and clients. We also expressed our concerns, as well as those of our neighbors, for backing into parked cars while exiting our driveways. Since its inception, the day care home has had both staff and parents consistently park opposite our driveways. In the 32 years we have lived at this address, several of the neighbors, and on occasion their visitors, have had their cars backed into or have backed into other cars parked opposite of driveways. Timber Hill Road is about 24 feet wide. Minivans are about 16 feet long and about 6 feet wide. With 8 feet of clearance when backing out of a driveway, street parked cars present a clear and present hazard. This is especially true when multiple cars are parked in a driveway, or in the winter months when half the width of the driveway apron is obstructed by garbage and recycling cans on trash days. Winter snows also often make the streets narrower, as snow plows work to clear the snow. These situations will require a multipoint turn in order to clear street parked cars. This can be an even bigger challenge when drivers are elderly or have physical issues that make it difficult to execute the tight maneuvers that are required when there are obstacles in the way. Here is a satellite view of the hazards when cars are parked on the street. Page 1 of 3 Packet Pg. 127 Upon conclusion of the zoning meeting, we noticed that part of the public record includes a letter issued by the owners / operators totheir clients regarding parking. This letter requires signature by clients in agreement with its terms. Here is an excerpt of the letter that addresses the parking issue. Pick0pMrop-Off Policy There has been concern from the neighbors about the incrcmmodnumber o[cars and parking situation. In order to keep pleasant relations with them, I have set up a schedule with my other clients authat parents will becoming and going uidifferent times during the day. biwimportant to me to respect my neighbors and I can do this by creating rules that will respect their property. The following is my pick tip and drop offtraffic policy: Z�l Page 2 of 3 Packet Pg. 128 9.B.f 1. Please use the driveway only when picking up or dropping off your children. Two cars can be in my driveway at one time. 1f the driveway is full, please drive around the block until a client leaves. 2. Please turn around in my driveway only. 3. It is important not to block any neighbor's driveway with your car. 4. Your child must be walked to the door of the house for drop off and picked up inside the #, s"—.0 . A, 1wr,i This letter is well written, and it certainly makes it clear that both drop-off / pick-up parking safety and neighbor relations are of major importance. I believe #3 is intended to alleviate the concern of neighbors living directly across the street. However, it is apparently being misinterpreted. The goal is to make sure that clients do not park across the street from neighbors' driveway aprons, thereby creating a hazard. Since our return home from vacation after the zoning hearing, we have observed the same traffic patterns as before the hearing at both drop-off and pick-up times. Some parents use the driveway, while others continue to use the street ... even if space is available in the driveway. Even though client parking may only be up to 15 minutes in duration, this activity still occurs at times of day when neighborhood traffic includes people leaving for work and school. The increased traffic that comes with multiple people dropping off children at the same time presents its own challenge. The parking issue adds to it. Also, since the hearing, it has been observed that staff continues to utilize the street for parking. We appreciate the fact that the one staff car that is there most days now uses the garage for parking in the morning. However, it has consistently been parked across from our neighbor's and our driveways for multi -hour periods in the afternoons. At mid -day, she departs. She returns in mid to late afternoon, and she regularly parks across from our driveways for the remainder of the business day. On Friday, 8/11 around 3:45 pm, my wife approached the staff member who had returned and was sitting in her car. My wife introduced herself. She explained our understanding of the parking regulations as established at the zoning meeting. The staff member responded that she couldn't park in the driveway because of pickup. Upon my wife's explanation again of our understanding, the staff member pulled into the driveway and the garage door opened. My wife departed to run some errands. Upon returning within an hour, she noticed the staff member's car was once again on the street across from our driveways. It remained there for the balance of the business day. On that same day, upon approaching our home after work, I observed that 4 cars were parked on the street across from our driveways. One car was in the day care driveway, and a group of parents was standing in the driveway having a conversation. We are glad to know that parents have the opportunity to have their children cared for in a home environment. However, we remain concerned about the liability, challenges, and inconvenience imposed upon us by the 5 day per week / 50+ weeks per year presence of client and staff vehicles continuing to park on the street. Having the occasional car parked on the street is one thing. It's quite another to have up to 8 cars coming, going, and parking at various times on the street with the current situation. We hope this issue can be addressed, and that change is made to make it a safe situation for everyone. Sincerely, Mark and Pam Morris 203 Timber Hill Road Page 3 of 3 Packet Pg. 129 9.0 Ordinance No. 0-2017-38 : Amendment to Ordinance 2013-70 for the Replacement of a Sign Panel at 201 N Milwaukee Ave ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action The Planning & Zoning Commission recommended approval (7-2) of the amendment for a sign panel replacement. Staff concurs with this recommendation. Speedway, located at 201 North Milwaukee Avenue, is seeking an amendment to the existing Ordinance 2013-70 to allow for the removal of the lowest fuel panel sign and replace it with a graphic insert to read "Beer Cave". Because the original sign was approved as a variation, an amendment to the Ordinance is required. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Speedway Sign Drawing (PDF) Trustee Liaison Stein Monday, August 21, 2017 Staff Contact Chris Stilling, Community Development Updated: 8/9/2017 1:06 PM Page 1 Packet Pg. 130 9.C.a VILL,AGE OF BUFFALO G110"VE DATE: August 17, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development 11 SUBJECT: An amendment of Ordinance 2013-70 allowing the replacement of the third fuel pricing panel with a graphic insert. BACKGROUND Speedway, located at 201 North Milwaukee Avenue, is seeking an amendment to the existing Ordinance 2013-70 to allow for the removal of the lowest fuel panel sign and replace it with a graphic insert to read "Beer Cave". Because the original sign was approved as a variation, an amendment to the Ordinance is required. PLANNING & ZONING COMMISSION (PZQ RECOMMENDATION The Planning & Zoning Commission recommended approval (7-2) of the amendment for a sign panel replacement. Staff concurs with this recommendation. The two (2) Commissioners who opposed the sign expressed concern about the advertisement of alcohol on the sign panel. It should be noted that signage regulations are intended to be content neutral. PUBLIC HEARING COMMENTS There were no residents who testified at the meeting. PLANNING & ZONING ANALYSIS In 2013, the Village Board approved Ordinance 2013-70 granting Speedway multiple variations to allow the current ground sign. Specifically, condition #3 of the Ordinance restricts the panel for "fuel pricing only". Overall, staff does not object to the change in the tenant panel as the overall size and height of the sign remain unchanged. Existing Proposed RECOMMENDATION,amurt- Staff recommends that the Village Board approve an Ordinance granting the amendment. Page 1 of 1 Packet Pg. 131 9.C.b July 27, 2017 DM9698964 ORDINANCE NO. 2017- AN ORDINANCE AMENDING ORDINANCE NO. 2013-70 Sbeedwav at 201 Milwaukee Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property ("Property") hereinafter legally described is zoned in the B-3 Planned Business Center District and is commonly known as 201 Milwaukee Avenue, Buffalo Grove, Illinois; and WHEREAS, Village Ordinance No. 2013-70 approved of the installation of a new ground sign at the Property subject to various requirements as set forth in said Ordinance; and WHEREAS, request has been made by the Petitioner, Chris Kalischefsji, on behalf of Speedway, LLC., to amend Ordinance No, 2013-70 to allow removal of the lowest fuel panel on the sign and replace it with a graphic insert to read "Beer Cave"; and WHEREAS, the Village Planning & Zoning Commission held a public hearing, pursuant to notice, on July 19, 2017 concerning the Petitioner's request; and WHEREAS, the Planning & Zoning Commission made certain findings of fact, made a positive recommendation for the amendment by a vote of 7 to 2 and prepared minutes of the public hearing; and WHEREAS, the Corporate Authorities hereby determine and find that the requested sign change is in harmony with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code), and that (1) the requirements of the Sign Code would cause undue and unnecessary hardship to the sign user due to the unique or unusual conditions pertaining to the property, (2) the granting of the requested amendment will not be materially 1 Packet Pg. 132 9.C.b detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and (4) the granting of the amendment will not be contrary to the general objectives of the Sign Code of moderating the size, number and obtrusive placement of signs and the reduction of clutter. 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 preceding WHEREAS clauses are hereby adopted by the Corporate Authorities and made a part hereof. Section 2. The request to allow removal of the lowest fuel panel on the sign and replace it with a graphic insert to read "Beer Cave" as depicted on the plans submitted to the Planning & Zoning Commission is hereby granted for the Property located at 201 Milwaukee Avenue, Buffalo Grove which is legally defined as follows: Parcel I - Lots 21 and 22 in Block 3 in Unit No. 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 II — The westerly 1/2 of the alley easterly and adjoining Lot 21 in Block 3, and the easterly 1/2 of the alley westerly and adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian Garden aforesaid, vacated by the instrument recorded April 3, 1978 as Document 1907357 in Lake County, Illinois. Section 3. This Ordinance shall be in full force and effect from and after its passage, and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: 12017. APPROVED: , 2017. 2 Packet Pg. 133 9.C.b ATTEST: Janet Siribian, Village Clerk Tressler\Chicago\9698964 APPROVED: Beverly Sussman, Village President 3 Packet Pg. 134 oo)inuml!W N Wle lOued uBiS eloluemooeldaH aqljolOL-Cb0Z aoueulpio olluempuomV SC-LbOZ-O) Buimej(3 uBiS AumpoodS :Iuomqoellv U) tj Wo 0; UNnW 3>Pn U:) 0) M mmp"ft SNOLLVA313 30VNDIS a U> I .Z DNUSIX3 4. 2 z r gE E Z E)NUSIX3 w zm -W zl Ho I & lK zp id M .0-0 9NUSIX3 4A 0 SNUMA mi f [.3 CL I [II0111111111111 ll�jlyjljj 0�0111111' �I� I�W� 9.D Ordinance No. 0-2017-39 : An Ordinance Amending Chapter 5.32, Tobacco, of the Buffalo Grove Municipal Code, to Increase the Minimum Age for the Sale and Purchase of Tobacco Products and E-Cigarettes from 18 to 21 Years Old Recommendation of Action ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. President Sussman requests discussion. The Village regulates the retail sale and purchase of tobacco products, accessories and electronic smoking devices to persons less than eighteen (18) years of age pursuant to Chapter 5.32, Tobacco, of the Buffalo Grove Municipal Code. The Health Commission was asked to review the policy of changing the sale of tobacco products from the age of 18 to the age of 21. On August 9, 2017, the Commission unanimously voted against the change. Additional information can be found in the attached memorandum. ATTACHMENTS: • BOT Memo (DOCX) • CHICAGO1-#698037-v1-Ordinance_Increase_Age_for_Sale_or_Purchase_of_Tobacco_rev2 (PDF) Trustee Liaison Sussman Monday, August 21, 2017 Staff Contact Chris Stilling, Community Development Updated: 8/17/2017 2:00 PM Page 1 Packet Pg. 136 9.D.a VILL,AGE OF BUFFALO G110"VE DATE: August 17, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: An Ordinance Increasing the Minimum Age for the Sale and Purchase of Tobacco Products and E-Cigarettes from 18 to 21 Years Old BACKGROUND The Village regulates the retail sale and purchase of tobacco products, accessories and electronic smoking devices to persons less than eighteen (18) years of age pursuant to Chapter 5.32, Tobacco, of the Buffalo Grove Municipal Code. For the Board's consideration is an Ordinance increasing the minimum age for the sale and purchase of tobacco products and e-cigarettes from 18 to 21 years old. If approved, this Ordinance would not apply to the possession of tobacco. HEALTH COMMISSION RECOMMENDATION On August 9, 2017, the Health Commission recommended against the change (4-0). Commissioners cited the following reasons: • Commissioners expressed concern on the impact to Buffalo Grove businesses since the nearby communities still allow for the purchase of tobacco and other products by those individuals that are 18 years of age or older. • Commissioners felt that this issue should be addressed by the State rather than at the local level. ACTION REQUESTED A draft Ordinance that the Health Commission reviewed is attached for the Board's consideration Page 1 of 1 Packet Pg. 137 9.D.b Underlined = addition c*,.� = deletion 08/17/2017 #698037 ORDINANCE NO. 2017 - AN ORDINANCE AMENDING CHAPTER 5.32, TOBACCO, OF THE BUFFALO GROVE MUNICIPAL CODE, TO INCREASE THE MINIMUM AGE FOR THE SALE AND PURCHASE OF TOBACCO PRODUCTS AND E-CIGARETTES FROM 18 TO 21 YEARS 01,D WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village regulates the retail sale and purchase of tobacco products, accessories and electronic smoking devices to person under eighteen (18) years of age pursuant to Chapter 5.32, Tobacco, of the Buffalo Grove Municipal Code; and WHEREAS, recent studies indicate that 95 percent of all adult smokers started smoking before they turned 21 years old; and WHEREAS, studies also indicate that people who begin smoking at an early age are more likely to develop a severe addiction to nicotine than those who start at a later age; and WHEREAS, rates of tobacco and e-cigarette use have decreased significantly in jurisdictions for which the minimum sales age for tobacco products has been increased to 21 years; and WHEREAS, the Village Board has determined that it will serve and advance the public's health, safety and welfare and be in the best interest of the Village and its residents, to amend the Buffalo Grove Municipal Code to increase the minimum age for the purchase and sale of tobacco products and electronic smoking devices to 21 years of Age. 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 recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Packet Pg. 138 9.D.b Section 2. Section 5.32.090, Prohibited sales, delivery —Signs, Section 5.32.100, Purchase by persons under twenty-one (21) years of age prohibited, and 5.32.110, Vending machines - Locking devices, of the Buffalo Grove Municipal Code are hereby amended to read as follows: 5.32.090 - Prohibited sales, delivery —Signs. A. It is unlawful for any person, including any licensee, to sell, offer for sale, give away or deliver tobacco products to any person under twenty-one 21) years of age ref ghte B. Signs informing the public of the age restrictions provided for in this Chapter shall be posted by every licensee at or near every display of tobacco products and on or upon every vending machine which offers tobacco products for sale. Each sign shall be plainly visible and shall state: THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER TWENTY-ONE (21) EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. The text of such signs shall be in red letters on a white background, said letters to be at least one inch high. 5.32.100 - Purchase by persons under twenty-one (21) years of age fnifter-s prohibited. It is unlawful for any person under twent, -one 21) years of age the age of eighteeli to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products. 5.32.110 - Vending machines —Locking devices. A. It is unlawful for any licensee to sell or offer for sale, give away, deliver or to keep with the intention of selling, giving away or delivering tobacco products by use of a vending machine, unless such vending machine is equipped with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under twenty-one (21) ears of age the age oe-ighteen ye-aiF,. B. Any premises where access by persons under twenty-one (21) years of age the is prohibited by law, or premises where the public is generally not permitted and where vending machines are strictly for the use of employees of business located at such premises, shall be exempt from the requirements of this section. 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 Chapter 1.08 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. 139 9.D.b AYES: NAYES: ABSENT: PASSED: , 2017 APPROVED: , 2017 PUBLISHED: ATTEST: Janet Sirabian, Village Clerk #698037 2017 APPROVED: Beverly Sussman, Village President Packet Pg. 140 Action Item : Copier Lease and Maintenance ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends authorizing the Village Manager to perform all actions necessary to execute a four year equipment lease agreement and maintenance agreement with Imagetec LLP, at an estimated amount of $122,853, pending final review and approval of the agreements by the Village Attorney. Staff would note that the new agreement represents an estimated 60% or $45,000 per year reduction in cost over the existing agreements. ATTACHMENTS: • Multi -Function Printers Lease Agreement (DOCX) Trustee Liaison Staff Contact Weidenfeld Jenny Maltas, Office of the Village Manager Monday, August 21, 2017 Updated: 8/17/2017 1:42 PM A Page 1 Packet Pg. 141 11.A.a A1, L AGE 0F BUFFALO GRAAE MEMORANDUM DATE: August 17, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager SUBJECT: Multi -Function Printers Lease Agreement ca a� Background J Staff sought proposals for multi -function printers as the current lease will terminate in November. Staff a_ received and reviewed proposals from nine different companies representing nine different Q. manufacturers. After review of the proposals by staff, five companies were brought in to provide �j demonstration units (Canon, Xerox, Samsung, Toshiba and Kyocera). After weeks of demonstrating the different units in different departments within the Village, staff met to discuss the performance and c features of each machine. With one exception staff felt that all of the machines performed well and that there was not a considerable difference between each brand. y Background checks on each of the providers as well as the equipment proposed all returned favorable results. With performance, reliability and service all appearing to be relatively equal, staff met with Imagetec LLP(Samsung), the lowest price proposer to finalize costs. As shown in the attached cost tabulation the estimated cost for Imagetec for the entire 4 year lease is estimated at $122,852.18. A reduction in costs from the prior lease was to be expected based upon the steps staff took in consolidating multi -function printers through the previous lease. The prior contract had a total cost of $305,542.56 for a similar 4 year period. While at first this seems to be a significant savings, it should be noted that the prior lease contained several costs associated with the original consolidation of leases, and a block cost of prints/copies based upon prior estimated usage and not actual usage. In addition the Village has made a concerted effort to "go paperless" and as such requires less robust equipment and can reduce cost by moving to a cost per print/copy pricing scheme. The costs shown for the Maintenance Plan, are based upon estimated actuals from the prior 4 year lease. Because staff is recommending a cost per print/copy plan, the costs for the agreement can only be estimated at this time. The Village will only be charged based upon actual prints/copies made. While exact pricing cannot be determined at this time due to the shift to the cost per print/copy plan, it is predicted that the new agreement would represent an estimated 60% or roughly $45,000 per year reduction in cost over the existing agreements. Staff has reviewed the capabilities of the management software (Paper Cut) and does not believe, at this time, it would be advantageous to purchase this item. If advances in features provided by Paper Cut appear to make the procurement cost effective, staff will then re-evaluate the product. Packet Pg. 142 11.A.a Recommendation Staff recommends authorizing the Village Manager to perform all actions necessary to execute a four year equipment lease agreement and maintenance agreement with Imagetec LLP, at an estimated amount of $122,853, pending final review and approval of the agreements by the Village Attorney. Packet Pg. 143 11.A.a Imasetec Proposed Solution Samsung X7600GX (Quantity: 2) r ➢ Color/copy/print/scan/fax OUYERSLAR ➢ Print Speed:60 ppm ➢ Scan Speed: 240 ipm ➢ Single -pass Duplex Document Feeder ➢ Booklet Finisher (w/ 2/3 Hole Punch and C-fold capability) ➢ 10.1" LCD Display ➢ Scan to Email, scan to file, scan to LaserFiche (with LaserFiche Import Agent) Fax Kit Paper handling postcard to ledger ➢ 2 x 520 Sheet Paper Trays ➢ 1 x 2000 Sheet Large Capacity Tray Samsung X7500GX (Quantity: 7) ➢ Color/copy/print/scan/fax ➢ Print Speed:50 ppm ➢ Scan Speed: 240 ipm ➢ Single -pass Duplex Document Feeder a ➢ Internal Finisher �? ➢ Scan to Email, scan to file, scan to LaserFiche (with LaserFiche Import Agent) ➢ Fax Kit ➢ Wireless NFC ➢ 2 x 520 Sheet Paper Trays ➢ 2,000 Sheet Bottom Large Capacity Tray ➢ 3,000 Sheet Side Large Capacity Tray Samsung C4062FX (Quantity: 5) ➢ Color copy/print/scan/fax ➢ Print Speed: 42 ppm ➢ 2 x 520 Sheet Paper Trays ➢ Scan to Email, scan to file, scan to LaserFiche (with LaserFiche Import Agent) Samsung CLP-775ND (Quantity: 3) ➢ Color printer ➢ Print Speed: 35 ppm ➢ 1 x 500 Sheet Paper Tray „ ➢ 4 year Extended Warranty Samsung M402OND (Quantity: 10) ➢ B/W Printer° ➢ Print Speed: 42 ppm ➢ 1 x 500 Sheet Paper Tray ➢ 4 Year Extended Warranty .. Packet Pg. 144 11.A.a Cost Tabulation Item Canon CoTG Genesis Ima etec Impact Interact I Konica* , Marco Toshiba Heavy Use Multifunction Copier/Printer 2 48 Month Lease 48 Month Lease 48 Month Lease 48 Month Lease 48 Month Lease 48 Month Lease 48 iylgin6,Lease 48 Month Lease 48 Month Lease 1. Base machine as detailed in B.1. $3,246.00 $2,556.12 $3,712.44 $1,045.98 $2,590.20 $1,976.22 $80200 $2,856.00 $1,571.76 2. Full sized keyboard (option) $11.22 $76.86 $9.72 Inc $8.55 $24.88 $6,75'.Inc $19.09 3. Ke fob secure printing (option) Inc Drive $39.18 $36.70 extra $60.68 $11,46 $18.00 - 4. Card swipe secure printing (option) $288.00 Inc Drive $39.18 $36.70 extra $65.70 $11,46 $18.00 $28.71 5. Air or mobile printing (option) Inc Inc Inc Inc Inc $0.00 Inc -.Inc Inc Medium Use Multifunction Copier/Printer Q 7 6. Base machine as detailed in B.2. $4,305.00 $4,500.30 $3,638.04 $2,312.03 $3,909.00 $3,228.26 : $441, 00.. $3,150.00 $3,206.42 7. Full sized keyboard (option) $39.27 $269.01 $34.02 Inc $29.91 $87.08 $6,75'. Inc $66.82 8. I(ey fob secure printing (option) Inc Drive $192.57 $128.45 extra $212.38 $11,46. $63.00- 9. Card swipe secure printing (option) $1,008.00 Inc Drive $192.57 $128.45extra $229.95 $11,46.. $63.00 $100.49 10. Air or mobile printing (option) Inc Inc Inc Inc Inc T.00 InG Inc Inc 11, Facsimile expansion kit (option) $231.00 $241.92 $171.29 $51.12 $331.24 $34,48'.. $147.00 $214.45 Item 48 Month Lease 48 Month Lease 48 Month Lease 48 Month Lease 48 Month Lease 48 Month Lease 40 Month,Lease,, 48 Month Lease 48 Month Lease Light Use Multifunction Copier/Printer Q 5 12. Base machine as detailed in B.3. $2,490.00 $2,295.30 $1,762.05 $504.95 $1,848.87 $1,713.65 $305,00. $800.00 $1,521.81 13. Full sized keyboard (option) $28.05 $192.15 $172.80 Inc $11.43 $62.20 $6,75 $185.00 $47.73 14. Key fob secure printing (option) Drive Print $137.55 $91.75 extra $151.70 $11,46'. $45.00- 15. Card swi pe secure printing (option) $720.00 Drive Print $137.55 $91.75 extra $162.25 $11,46'. $45.00 $71.78 16. Air or mobile printing (option) Inc Inc Inc Inc $0.00 Inc Inc Inc 17. Facsimile expansion kit (option) $165.00 Inc $172.80 Inc $36.51 $236.60 $30,48'.. $75.00 $153.18 Work Group Printer Color 3 18. Base machine as detailed in B.4. $144.00 $166.41 $225.00 $265.11 $199.29 $147.21 $45,72 $285.00 $t07.00 Work Group Printer Black & White 10 19. Base machi ne as deta i l ed i n B.5. $480.00 $330.00 $189.30 $427.60 $534.57 $221.25 $1905'. $950.00 $298.22 Total 4 year base equipment (ease $ 57 $79,9& : , ,$7 :464u,$(t� $146 712.96 $125 670.08 $132,208.00 $113 165.44 -. Total yearequipment lease $166,178.40 $1741347 iO4 $147,511.20 $142,579.20 $139,200.00 $118,519.36 1 Maintenance Plan 1. 20, Cost Per Co /Print Color (Qty 720,000 $0.0350 $0.0390 $0.0490 $0.0390 $0.0470 $0.0450 $0.0400 $0.0349 21. Cost Per Copy/Print B&W Qt 2,800,000 $0.0033 $0.0030 $0.0049 $0.0039 $0.0080 $0.0050 $0.0043 $0.0055 IvlaGntananco Plant, (N A 22" 6si Pet Quartfit � � $2,437,60 I ' $4,800,9� ' $2,9b0,00 ' $3,255,06 '� $2,$62,00 23 Cost PetCopylPrintCololO eage -$0,0429 $0.047 $OA45k $0,0400 24 'Cost Per Copy/PrnrtB&W6arardgr' ;$0,004.3 $4.00$6 $0:A06C1 p,41t143 Total year estimated MFP printing costs r"J'-„/�,7,$4$000,,04„i $39,000.00 $46,400.00 $0.00 $40,840.00 $4Q 388.00 Sofrivare License for _ $42,718.08 $35,054.88 $19,275.52 25. Cost Per User (Qty 200) $17,165.12 $2,240.00 26. Cost Per Machine $27,552.00 $35,391.36 $6,006.00 $11,232.00 Software License for_ _ 27, Cost Per User $3,552.00 28, Cost Per Machine $19,712.00 Total 4 year estimated MFP software costs $27,552.00 mile= 7,$4,"tJa512 + $35,391,38 $33,184.00 $19,275,52, Ccrlal 4 year base equipment lease: Inc MI P HFax Total 4 year equipment lease (all items) Total 4 year estimated MFP printing costs otal 4 year estimated MFP software, costs Equipment+ Est. MFP Printing Cost *Konica proposed a B&W only solution. NNCanon Xerox Canon/HP 'Samsung Ricoh/Kyocera Kyocera Konica RNH1���� � $1`17,;i70,08 , `bltz�f7fyG (�j�((((�((r IN1VN'17MI�i $146,712.96 $125,670.08 $$166,178.40i, $174,347'�04i § $147,511.20 $142,579.20 ,/%L�OV ,,,,iip, $39,000.00���1j1V���Y '� $46,490.00'.. $171,1,6,512 $35,391.aii 111LIMMO $202,658.401.,ri�Yi� $203,751.20 $188,979.20 Sharp/HP 'Toshiha/HP $132,208.00 $113,165.44!. $139,200.00 $118,519.36'' $0.00 $40,840.00 $40,388.00 $33,184.00 , 19,2/5.52, $180,040.00 $156,0p7 3i5 Packet Pg. 145 Action Item : Pre -Application Discussion- Proposed Townhome Development at 16051 Deerfield Parkway ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion and referral to the Planning & Zoning Commission. Pulte Homes is the contract purchaser of the unincorporated 9.25 acre Industrial property located at 16051 Deerfield Parkway. Pulte is finalizing their plans for a new residential development on the property and is seeking comments from the Village Board along with a referral to the Planning & Zoning Commission. The developer will provide the Village Board with an overview of their concept plan at the August 21, 2017 Village Board meeting. ATTACHMENTS: • BOT Memo (DOCX) • Project Narrative (PDF) • Rendered Site Plan (PDF) • Site Plan (PDF) • 2 Story Color Rendering (PDF) • 2-Story Elevations (PDF) • 3 Story Color Rendering (PDF) • 3-Story Elevations (PDF) Trustee Liaison Stein Monday, August 21, 2017 Staff Contact Chris Stilling, Community Development Updated: 8/15/2017 7:59 AM Page 1 Packet Pg. 146 11.B.a V1111diNGE OF BUFFALO ME MEMORANDUM DATE: August 17, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development MI SUBJECT: Pre -Application Discussion - Proposed Townhome Development at 16051 Deerfield Parkway (Concrete Erectors) Background Pulte Homes is the contract purchaser of the unincorporated 9.25 acre industrial property located at 16051 Deerfield Parkway. The existing property is improved with an older industrial building with a mix of uses. Pulte is finalizing their plans for a new residential development on the property and is seeking comments from the Village Board along with a referral to the Planning & Zoning Commission. The developer will provide the Village Board with an overview of their concept plan at the August 21, 2017 Village Board meeting. The following memorandum provides a brief summary of their project. Proposed Plan Pulte Homes is proposing a residential development consisting of a mix of 2-story and 3-story single-family attached housing units. The proposed development would be called "North Pointe" and consist of a total of 75 units (8.1 units/acre) as follows: • 43 two-story single-family attached townhomes • 32 three-story single-family attached townhomes Two-story product A total of 43 two-story townhomes are proposed along the new street. These units would be traditional front -loaded townhomes. This unit type well with the existing single family detached lots to the south and west. The two-story units would have a rear yard setback of 45' along the Page 1 of 3 Packet Pg. 147 11.B.a west lot line adjacent to the existing residential and 50' from the south lot lines. Each unit would have a 2-car garage and range in size from 1,850-2,450 square feet. Driveways would also be a minimum of 20' deep allowing for 2 additional cars. Units would be approximately 34' high. Three-story product A total of 32 three-story townhomes are proposed on the northern portion of the site, furthest away from the existing residential. Townhomes would be accessed from the rear via a private alley and each unit would range in size from 1,900-2,500 square feet. Driveways would also be a minimum of 20' deep allowing for 2 additional cars. Staff has expressed some concern that the site plan for the 3-story product does not integrate well with the rest of the development. Therefore, through the PZC process, staff will work with the developer to consider alternative layouts for the 3- story product to provide better street frontage along the east side of the new road. As currently proposed, the three-story product would be approximately 42' high at the peak. Staff is concerned about the height of these units and will work with the developer's architecture and use of materials as part of the PZC process. Furthermore, staff believes the front, side and rear elevations should be revised to help break-up the building mass. 2009 Comprehensive Plan/Zoning The Village's 2009 Comprehensive Plan identifies the entire site to be multiple -family housing with a density of 10-15 units/acre given the proximity to the existing Metra Station. As proposed, the project would be 8.1 units/acre. The comprehensive plan also recommends that units cater to seniors. As a result, staff will work with Pulte Homes to ensure that some units offer a first floor master bedroom. Overall, staff finds that the proposed project would meet the recommendations of the comprehensive plan. As for zoning, the project would require a rezoning to R9 multiple -family zoning district. This zoning classification is currently located to the north for the existing Windbrooke Apartments. Transportation The main access into the development would be from Deerfield Road. The new road would cross through the existing ComEd right-of-way. The proposed new street would meet Village requirements in terms of pavement width and right-of-way. The three-story townhomes would be accessed from the rear via a private alley. This is similar to the Waterbury Development. At the request of both the Village and ComEd, the developer is proposing an emergency access connection to the east. This access drive would only be accessible by emergency personnel. This access drive would connect to the existing access drive for the industrial building to the east. The developer has a tentative agreement with the property owner concerning the access drive and feels Page 2 of 3 Packet Pg. 148 11.B.a confident that a final agreement can be reached. This final agreement will be required prior to final action by the Village Board. Existing Cell Tower The property currently has an existing 108' monopole cell tower with 2 antennas located along the east side of the site. According to the developer, the current property owner has 2 leases (1 for each antenna) on the tower with the last lease expiring in the year 2023. Due to the current leases, the developer has indicated that the tower cannot be removed as part of the development. Therefore, the developer has designed their site around the existing tower. The nearest unit (unit 32) is greater than 60' from the base of the tower. Staff has expressed concerns to the developer about the cell tower remaining on the property and prefers that the cell tower be removed as part of initial site work and before permits are issued. However, staff recognizes that the long term leases may preclude its removal. Therefore, staff recommends that the leases not be renewed and the tower shall be removed no later than the year 2023. As part of a complete application, staff will review the lease provisions pertaining to renewal and removal. Action Requested The Developer is seeking comments from the Village Board related to the concept plan. Should the Board conceptually support the concept; the item can be referred to the Planning and Zoning Commission to discuss more specific details concerning annexation agreement terms, parking, setbacks, school and fiscal impacts and other bulk regulations. Page 3 of 3 Packet Pg. 149 11.B.b PULTE HOMES COMPANY, LLC NORTHPOINTE (CONCRETE ERECTORS) DESCRIPTION OF DEVELOPMENT PROPOSAL The conceptual development plan for NorthPointe (a/k/a Concrete Erectors) identifies an approximately 9.25 acre (gross) parcel of land located south of Deerfield Parkway between Weiland Road and Commerce Court. This property is currently zoned limited industrial (LI) and residential (R1) in unincorporated Lake County. The Buffalo Grove Comprehensive Plan identifies the future land use as multiple family. The current uses consist of a pre -cast concrete manufacturing facility, automotive repair facility and one monopole telecommunications facility. The property is held in a land trust with Concrete Erectors, Ltd. as the beneficiary and Pulte Home Company, LLC (Pulte) the contract purchaser. Pulte proposes to develop this property as a residential community. Pulte's development proposal consists of 75 total multifamily units resulting in a density of 8.1 dwelling units/acre. Two products types are proposed: a) forty-three 2-story front loading townhomes and b) thirty-two 3-story rear loading townhomes with an optional habitable 4th floor attic space and terrace. The primary access point will be to Deerfield Parkway across the Commonwealth Edison right-of- way with secondary access through an easement with the industrial property owner to the east of the proposed development. The primary road from Deerfield Parkway terminating in a cul-de-sac will be public with a 60 foot right-of-way and the 20 foot access drive serving the rear loading units being owned and maintained by a home owner's association. Pulte is seeking Village Board feedback in anticipation that the formal Village approval process can commence subsequent to the meeting. 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