Loading...
1999-10-04 - Village Board Regular Meeting - Agenda Packet VILLAGE OF �/ VILLAGE OF �uffalorouc BUFFALO GROVE G Fifty Raupp Blvd. Buffalo Grove,IL 60089-2196 Phone 847-459-2500 Meeting of the Village of Buffalo Grove Board of Trustees Fax 847-459-0332 Regular Meeting October 4, 1999 8:30 PM REVISED I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Approval of Minutes from 9/27/99 V. Approval of Warrant#895 VI. Village President's Report A. Halloween Trick or Treat Proclamation VII. Reports from the Trustees VIII. Village Manager's Report A. Sanitary Sewer Surcharging-Implementation of Building Inspection Program. IX. Special Business A. Presentation on Officer Report: MDA Golden Boot Award Presentation X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. Xl. Consent Agenda All items listed on the Consent Agenda, which are aavailable in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other Regular Agenda items. (Attached). XII. Ordinances and Resolutions A. ORDINANCE 99 - Fifteenth Amendment to the Town Center P.U.D. - Advocate Medical Group office expansion, 214 McHenry Road. (Trustee Marienthal) XIII. Old Business XIV. New Business A. Other Agenda Item: Review and Discuss the Plan Commission recommendation regarding the Walgreens proposal at Plaza Verde Shopping Center. (President Hartstein) B. Award - other: Authorization to Waive Bids and Award a Construction Management "Owner-Construction Manager Agreement" between the Village of Buffalo Grove and MTI Construction Services for a design/build contract for the Arboretum Golf Course facilities development program. (Trustee Berman) XV. Executive Session XVI. Adjournment: Approximately 10:30 p.m. The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda October 4, 1999 7:30 PM Xl. Ordinances and Resolutions A. Ordinance: Ordinance No. 99-76 - An ordinance approving an annexation agreement for the River Oaks subdivision, Zale Companies, Sislow and Krueger properties, Prairie Road adjacent to Indian Creek (Trustee Glover) RECOMMENDATION: Approve by motion. SUMMARY: An agreement for the annexation of the subject property. B. Ordinance: Ordinance No. 99 - 77 -An ordinance annexing certain territory to the Village of Buffalo Grove, Illinois; River Oaks Subdivision, Zale Companies, Sislow and Krueger properties, Prairie Road adjacent to Indian Creek (Trustee Glover) RECOMMENDATION: Approve by motion. SUMMARY: Annexes the subject property to the Village of Buffalo Grove. C. Ordinance: Ordinance No. 99-78 - An ordinance amending the Zoning Ordinance of the Village concerning the River Oaks subdivision, Zale Companies, Sislow and Krueger properties, Prairie Road adjacent to Indian Creek (Trustee Glover) RECOMMENDATION: Approve by motion. SUMMARY: Amends the Comprehenisve Plan by classifying the subject property into the R-3 One-Family Dwelling District. D. Ordinance: ORDINANCE NO. 99- An Ordinance approving the fire lanes at Aisle 3 retail facility, 1020 Lake Cook Road, Chevy Chase Business Park West. (Trustee Marienthal) RECOMMENDATION: Approve by motion. SUMMARY: Enables the fire lanes on the property as recommended by the Buffalo Grove Fire Department. E. Ordinance: ORDINANCE NO. 99- Second Amendment to the Woodland Commons Shopping Center Planned Unit Development Ordinance, Northwest Suburban Jewish Community Center (JCC). (Trustee Glover) RECOMMENDATION: Approve by motion. SUMMARY: Amends Ordinance 99-18 concerning the sub-leasing of space by the JCC in the Woodland Commons shopping center to stipulate that leasing is subject to approval by the Corporate Authorities. New Business F. Approval of Agreement: Recommendation of approval for Delacourte Condominiums Phase II Development Improvement Agreement (Trustee Glover) RECOMMENDATION: Approve by motion. SUMMARY: Engineering review of the plans and specifications for the subject development has been performed. Approval of this project is recommended subject to the conditions outlined in the agenda item cover sheet. Old Business None Meeting of the Village of Buffalo Grove Board of Trustees Regular Meeting October 4, 1999 8:30 PM I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Approval of Minutes 9/27/99 V. Approval of Warrant 895 VI. Village President Report VII. Reports from the Trustees Vill. Village Manager's Report IX. Special Business X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. XI. Consent Agenda None XII. Ordinances and Resolutions XIII. Old Business XIV. New Business XV. Executive Session XVI. Adjournment: Approximately 10.30 p.m. The Village Board will make every effort to accommodate all items on the agenda by 10.30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10.30 p.m. The Village of Buffalo Grove, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda October 4, 1999 8:30 PM XI. Ordinances and Resolutions None New Business None Old Business None Board Agenda Item Submittal VI-A Requested By: Phillip W Versten Entered By: Phillip W Versten Agenda Item Title: Halloween Trick or Treat Proclamation Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/23/99 10/04/99 0 Consent Agenda OW Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The attached Proclamation designates trick or treat hours on Sunday, October 31, 1999 from 2:00 p.m.to 7:00 p.m. Have a safe and happy Halloween! Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Hallowee.doc Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: i Published to Web: HALLOWEEN 1999 WHEREAS, the children of our community are entitled to the fun and excitement associated with Halloween, including going from door to door in their immediate neighborhoods (subject to parental approval)with their happy challenges of"trick-or-treat"; and, WHEREAS,the increased possibility of accidents due to the general carefree spirit of the children at this particular time when their natural caution is abandoned and when costumes and masks often make them indistinguishable in the darkness on these cold fall evenings is an ever-present threat; and, WHEREAS, it would appear that parents generally favor the late afternoon and early evening schedule since it tends to limit participation to the younger children, for whom the observance was originally intended, and discourages interference and disruption by the very small percentage of older children who, under cover of darkness and with their identities concealed by masks and costumes, might otherwise seek to spoil the fun for the small children. NOW, THEREFORE, I, ELLIOTT HARTSTEIN, President of the Village of Buffalo Grove do hereby proclaim that Sunday, October 31, 1999 shall be known as TRICK-OR- TREAT DAY in Buffalo Grove. I do further ask both children and their parents to cooperate in limiting the time of trick-or-treat activities between the hours of 2:00 P.M. and 7:00 P.M. I also ask that, whenever possible, parents insure that they or other responsible adults accompany children, and I further encourage all householders, wherever they are able to do so, to cooperate in making this a happy occasion for all youngsters by limiting "treats" to non-edible items. Dated this 4th day of October 1999. ELLIOTT HARTSTEIN Village President Board Agenda Item Submittal VIII-A Requested By: Gregory P Boysen Entered By: Linda J Miller Agenda Item Title: Sanitary Sewer Surcharging-Implementation of Building Inspection Program. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/29/99 10/04/99 0 Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. To: Bill Balling,Village Manager From: Greg Boysen,Director of Public Works In follow-up to our meeting on Thursday, September 23, 1999,with Mr. MacIsaac of 754 Golfview Terrace,I recommend that, at the Village Board's October 4, 1999 meeting,bids be waived and the August 6, 1999 letter proposal from Earth Tech Engineering Company,RE: "Implementation of Building Inspection Program for the Village of Buffalo Grove,Illinois," be approved subject to Village Attorney's final review. We will then proceed to initiate the contractual sump pump inspection program with expenditures being initiated within the current fiscal year. In follow-up to our September 23rd meeting,Mr. MacIsaac provided his September 27th letter indicating concurrence with our recommendation of accelerating the sump pump inspection program. If you have any questions concerning this matter,please let me know. Gregory P. Boysen attachments Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal LVA Requested By: Thomas C Allenspach Entered By: Thomas C Allenspach Agenda Item Title: MDA Golden Boot Award Presentation Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/16/99 10/04/99 0 Regular Agenda Fire 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The Muscular Dystrophy Association (MDA)will be awarding the Buffalo Grove Fire Department the Golden Boot Award for the third year straight year as a result of the $15,000 raised at the annual Boot Drive held on Friday,August 27, 1999. Fire Department representatives FF/PM Joe Alexander and FF/PM John Gilleran will make a short presentation about this program. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal XI-A Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Ordinance No.99-76 - An ordinance approving an annexation agreement for the River Oaks subdivision,Zale Companies,Sislow and Krueger properties, Prairie Road adjacent to Indian Creek Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/29/99 10/04/99 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The attached ordinance approves the annexation agreement for the property. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files F-7 An ag ro rd.wpd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: i i i i 9/13/99 ORDINANCE NO. 99-76 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR RIVER OAKS SUBDIVISION ZALE COMPANIES Sislow and Krueger properties, Prairie Road adjacent to Indian Creek WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning has been given and a public hearing was held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village Presiden Board Agenda Item Submittal XI-B Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Ordinance No.99-77 -An ordinance annexing certain territory to the Village of Buffalo Grove, Illinois; River Oaks Subdivision,Zale Companies, Sislow and Krueger properties, Prairie Road adjacent to Indian Creek Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/29/99 10/04/99 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The attached ordinance annexes the property to the Village of Buffalo Grove. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files F-7 Annexord.wpd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: i i i i 9/13/99 ORDINANCE NO. 99-77 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS RIVER OAKS SUBDIVISION ZALE COMPANIES Sislow and Krueger properties, Prairie Road adjacent to Indian Creek WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, a written petition signed by the owners of record of all of the land in the territory hereinafter described, requesting the annexation of such territory to the Village of Buffalo Grove, has been filed with the Village Clerk of the Village of Buffalo Grove; and, WHEREAS, said territory is not within the corporate limits of any municipality, but is contiguous to the Village of Buffalo Grove; and, WHEREAS, notice of the proposed annexation of such territory has been given to the appropriate authorities; and, WHEREAS, it is in the best interests of the Village of Buffalo Grove that such territory be annexed to the Village of Buffalo Grove. 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. That the real property legally described in Exhibit A attached hereto be and hereby is annexed to the Village of Buffalo Grove. A true and correct map of said real property is attached hereto and made a part hereof as Exhibit B. Section 2. The Village Clerk of the Village of Buffalo Grove is hereby directed to cause to be filed in the Office of the Recorder of Deeds of Lake County a copy of this Ordinance with an accurate map of the territory annexed. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove, 50 Raupp Boulevard, Buffalo Grove, I L 60089 Board Agenda Item Submittal XI-c Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Ordinance No.99-78 - An ordinance amending the Zoning Ordinance of the Village concerning the River Oaks subdivision,Zale Companies,Sislow and Krueger properties, Prairie Road adjacent to Indian Creek Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/29/99 10/04/99 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. This ordinance zones the property into the R-3 One-Family Dwelling District. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files FTT Zoneordmpd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: i i i i 9/13/99 ORDINANCE NO. 99-78 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS RIVER OAKS SUBDIVISION ZALE COMPANIES Sislow and Krueger properties, Prairie Road adjacent to Indian Creek WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property legally described in Exhibit A hereto was annexed to the Village of Buffalo Grove by Ordinance No. 99- pursuant to a written Annexation Agreement dated September 13, 1999 and approved by the Village by Ordinance No. 99- ; and, WHEREAS, notice of public hearing for zoning and annexation has been given and a public hearing was held. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Comprehensive Zoning Ordinance of the Village of Buffalo Grove, Cook and Lake Counties, Illinois as amended is hereby further amended by classifying the property described in Exhibit A hereto into the R-3 One-Family Dwelling District. Section 2. Development of the property shall be in compliance with the Annexation Agreement dated September 13, 1999, passed and approved pursuant to Ordinance No. 99- Section 3. This Ordinance shall be in full force and effect on and after its passage and approval according to law. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President Board Agenda Item Submittal XI-D Requested By: Ghida Sahyouni Entered By: Ghida Sahyouni Agenda Item Title: ORDINANCE NO.99-_An Ordinance approving the fire lanes at Aisle 3 retail facility, 1020 Lake Cook Road, Chevy Chase Business Park West. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/30/99 10/04/99 ❑ Consent Agenda OVM ❑ Regular Agenda ❑ None Does this item Does this item include Specify Other: Will AV equipment be relate to another additional reference ❑ Hardcopy Distribution required to present item on the info separate from the this item to the agenda? Board packet? El Trustee Lounge El Clerk's Clerk's Office ❑ Other ❑ Yes 0No 0 Yes ❑ No ❑ Yes 0No Exhibits can be accessed in: Item Description Will this action involve an expenditure in ❑ Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. On May 17, 1999,the Village Board unanimously approved Ordinance 99-47,Approving a Special Use in the Industrial District for Aisle 3 Retail Facility. This request complies with item D- an Ordinance detailing the fire lanes on the property as recommended by the Buffalo Grove Fire Department. "Said fire lanes shall be created and provided by Village ordinance...". All other provisions of the Ordinance have been executed. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal XI-E Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: ORDINANCE NO.99- Second Amendment to the Woodland Commons Shopping Center Planned Unit Development Ordinance, Northwest Suburban Jewish Community Center(JCC). Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/30/99 10/04/99 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The attached ordinance amends Ordinance 99-18 concerning the sub-leasing of space by the JCC in the Woodland Commons shopping center. The amendment stipulates that leasing is subject to approval by the Corporate Authorities. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal XI-F Requested By: Dick K Kuenkler Entered By: Debra J Wisniewski-PW Agenda Item Title: Recommendation of approval for Delacourte Condominiums Phase II Development Improvement Agreement Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/24/99 10/04/99 0 Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. As you requested, an engineering review of the plans and specifications for the subject development has been performed. During the course of this review,we have met with the Developer's engineer to discuss and resolve necessary changes and corrections. As a result of these meetings, agreement has been reached as to what is to be provided in the way of utility systems, street lighting, drainage, and site grading,etc. Engineering approval of this project is recommended subject to the following conditions: 1. Village Board approval of the attached Development Improvement Agreement. 2. Receipt of the project's security in the amount of$334,189.44 in a form acceptable to the Village Attorney. 3. Receipt of the IEPA Water & Sanitary Construction permits. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files U_ 147.doc El DIA- Delacourte Phase Il.d Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: September 23, 1999 SUBJECT: DELACOURTE CONDOMINIUMS PHASE II DEVELOPMENT IMPROVEMENT AGREEMENT As you requested, an engineering review of the plans and specifications for the subject development has been performed. During the course of this review, we have met with the Developer's engineer to discuss and resolve necessary changes and corrections. As a result of these meetings, agreement has been reached as to what is to be provided in the way of utility systems, street lighting, drainage, and site grading, etc. Engineering approval of this project is recommended subject to the following conditions: 1. Village Board approval of the attached Development Improvement Agreement. 2. Receipt of the project's security in the amount of $334,189.44 in a form acceptable to the Village Attorney. 3. Receipt of the IEPA Water& Sanitary Construction permits. Richard K. Kuenkler, P.E. Village Engineer F:AGROUP\ENGINEER\RKK\MEMOS\147.doc Attachment xc: Tim Anderson, Focus Development Form Prepared: 4/10/86 Delacourte - Phase II Revised: 10/17/88 Development Name DEVELOPMENT IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 1999, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and having its office at Village Hall, 50 North Raupp Boulevard, Buffalo Grove, Illinois, (hereinafter called AVillage=) and Weidner Road Residences, L.P. (hereinafter called ADeveloper=) . WITNESSETH: WHEREAS, in compliance with the Village=s Development Ordinance and pursuant to the PUD Ordinance and Amendments (Annexation Agreement or PUD Ordinance or Agreement) Ordinance Nos. 96-31 and 97-39 dated April 15, 1996 and May 5, 1997 Developer has submitted to the Village a Plat of Subdivision designated as Exhibit AA=, attached hereto, which Subdivision Plat has been approved by the Plan Commission of the Village, and, Developer desires to improve the real property described in said Subdivision Plat, and, WHEREAS, the Village is willing to approve said Subdivision Plat, provided that this Agreement is executed to insure the completion of certain site improvements, as a condition precedent to the issuance of building permits for any buildings to be constructed on the property. NOW, THEREFORE, it is mutually agreed as follows: 1. Developer shall furnish, or cause to be furnished, at their own cost and expense, all the necessary material, labor, and equipment to complete the improvements listed on Exhibit AB-- attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements, all in a good and workmanlike manner and in accordance with all pertinent ordinances and regulations of the Village and in accordance with the plans and specifications, dated June 5, 1997 , shown on Exhibit AC—_ attached hereto, including any subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village=s Development Ordinance, which Exhibit has been prepared by Groundwork, Ltd. who are registered professional engineers and Exhibit AD=, attached hereto consisting of the Landscaping Plan and as approved by the Village=s Appearance Control Commission. All utility lines and services to be installed in the street shall be installed prior to paving. 2. Attached hereto as Exhibit AE= is a complete cost estimate for the construction of the improvements described in Exhibit AB—_ hereto. Upon the execution of this Agreement and prior to the recordation of the Plat of Subdivision, the Developer shall deposit a Letter of Credit, bond, or other security, acceptable to and in a form and substance approved by the Village as further described in Paragraph 9 herein. Letter of Credit, bond, or other security shall originally be in the amount of $ 334, 189.44 3. All work shall be subject to inspection by and the approval of the Village Engineer. It is agreed that the contractors who are engaged to construct the improvements described in Paragraph 1 hereof are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. 4. The Developer has paid the Village a Review and Inspection fee, as required by Ordinance. It is understood that said fee is based on the amount of the contracts or cost estimate for those items listed in Exhibit AB--. 2 5. Prior to the time the Developer or any of its contractors begin any of the work provided for herein, the Developer, and/or its contractors shall furnish the Village with evidence of insurance covering their employees in such amounts and coverage as is acceptable to the Village. In addition, by its execution of this Agreement, the Developer agrees to protect, indemnify, save and hold harmless, and defend the Village of Buffalo Grove and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but not limited to attorney=s fees incurred by reason of a lawsuit or claim for damages or compensation arising in favor of any person, corporation or other entity, including the employees or officers or independent contractors or sub-contractors of the Developer or the Village, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly, from the performance of work by the Developer, independent contractors or sub- contractors or their officers, agents, or employees. The Developer shall have no liability or damages for the costs incident thereto caused by the sole negligence of the Village. This hold harmless shall be applicable to any actions of the Developer, independent contractor, or sub-contractor prior to the date of this Agreement if such prior actions were approved by the Village. 6. The Developer shall cause said improvements herein described to be completed within twenty-four (24) months following the approval of the Plat as shown in Exhibit AA-_ by the President and Board of Trustees, except Public Parks and Detention Areas which shall be completed within twelve (12) months, and except any improvements for which specified time limits are noted on the approved plans, Exhibit AC-_ which shall be completed within the specified time limits shown on the plans. If work is 3 not completed within the time prescribed herein, the Village shall have the right to call upon the Letter of Credit, bond, or other security, in accordance with its terms, for the purpose of completing the site improvements. Upon completion of the improvements herein provided for, as evidenced by the certificate or certificates of the Village President and Board of Trustees, the Village shall be deemed to have accepted said improvements, and thereupon, the Letter of Credit, bond, or other security, shall automatically be reduced to serve as security for the obligations of the Developer as set forth in Paragraph 7 hereof. The Developer shall cause its consulting engineers to correct drawings to show work as actually constructed and said engineers shall turn over high quality mylar reproducible copies thereof to the Village to become the Village=s property prior to acceptance of the improvements by the President and Board of Trustees. 7. The Developer for a period of one year beyond formal acceptance by the Village of any improvement described in Exhibit AB-- hereof, shall be responsible for maintenance repairs and corrections to such improvements which may be required due to failures or on account of faulty construction or due to the developers and/or contractors negligence. The obligation of the Developer hereunder shall be secured by the Letter of Credit, bond, or other security as further described in Paragraph 9 hereof. 8. It is agreed that no building permit shall be granted by any official for the construction of any structure until required utility facilities (to include, but not by way of limitation, sanitary sewer, water and storm sewer systems) have been installed and made ready to service the individual lots concerned; and that roadways (to include curbs) providing access to the subject lot or lots have been completely constructed except for the designed surface course. It is understood and 4 agreed that building permits may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadways have been constructed as described above, notwithstanding the fact that all improvements within the Development may not be completed. 9.A. The obligations of the Developer hereunder as to the deposit of security for the completion of improvements (Exhibit AB-- hereof) and the one year maintenance of said improvements after acceptance by the Village (Paragraph 7) shall be satisfied upon delivery to the Village of a Letter of Credit, bond, or other security, issued by LaSalle Bank, N.I. in favor of the Village in a form acceptable to the Village. The Letter of Credit, bond or other form of security shall be made subject to this Agreement. B. In addition to the terms, conditions, and covenants of the Letter of Credit, bond, or other security, the Village hereby agrees to draw funds or to call said performance guarantee under such security solely for the purpose of payment for labor and materials supplied or to be supplied, by engineers, contractors, or subcontractors, to, or for the benefit of Delacourte - Phase II , or the Village, as the case may be, under the provisions of this Agreement and the said improvements for which payment is being made shall have been completed, or will be completed, in substantial accordance with the plans and specifications described herein. C. The Village further hereby agrees that to the extent that the Developer causes the commitments of this Agreement to be completed, the outstanding liability of the issuer of the Letter of Credit, bond, or other security, under said security, shall, during the course of construction of the improvements, approximate the cost of completing all improvements and paying unpaid contract balances for the completion of the 5 improvements referred to in this Agreement. Until all required tests have been submitted and approved by the Village for each of the construction elements including, but not limited to, earthwork, street pavements, parking area pavements, sanitary sewers and watermains, a minimum of that portion of the surety for each element shall be subject to complete retention. All improvements are subject to a minimum fifteen (150) percent retention until final acceptance by the Village. D. In order to guarantee and warranty the obligations of paragraph 7 herein, an amount equal to fifteen (150) percent of the total amount of the Letter of Credit, bond, or other security or an amount equal to fifteen (150) percent of the cost estimate of the individual improvement (s) shall be retained in the Letter of Credit, bond, or other security for a period of one year beyond formal acceptance by the Village of the improvement (s) . E. As a portion of the security amount specified in Paragraph 2, the Developer shall maintain a cash deposit with the Village Clerk in the amount of Five Thousand Dollars ($ 5, 000.00 ) . If roads are not maintained with a smooth and firm surface reasonably adequate for access of emergency vehicles such as fire trucks and ambulances, or if any condition develops which is deemed a danger to public health or safety by the Village of Buffalo Grove due to the actions of the Developer or his failure to act; and after written notice of this condition, the Developer fails to immediately remedy the condition; then the Village may take action to remedy the situation and charge any expenses which results from the action to remedy the situation to the cash deposit. Upon notification that the cash deposit has been drawn upon, the Developer shall immediately deposit sufficient funds to maintain the deposit in the amount of Five Thousand Dollars ($5, 000.00) . If the 6 Developer has not made the additional deposit required to maintain the total cash deposit in the amount of Five Thousand Dollars ($5, 000.00) within three (3) days from the date he received notice that such additional deposit was required, it is agreed that the Village may issue a Stop Work Order or also may revoke all permits which the Developer had been granted. This cash deposit shall continue to be maintained until the maintenance guarantee period has lapsed. The deposit may be drawn upon by the Village if the conditions of this Agreement, except in cases of danger to public health and safety as determined by the Village in which case the deposit may be drawn upon immediately following notice to the Developer and his failure to immediately remedy the situation. After termination of the one year maintenance period and upon receipt by the Village Clerk of a written request for release of the deposit, the Village will either notify the Developer that the improvements are not in a proper condition for final release of the deposit, or shall release the deposit within fifteen (15) days. F. In addition to the terms, covenants, and conditions of the Letter of Credit, bond, or other security, the Developer hereby agrees that no reduction shall occur in the outstanding liability of the issuer thereunder, except on the written approval of the Village; however, in all events, the Village shall permit such Letter of Credit, bond, or other security, to expire, either by its terms, or by return of such Letter of Credit, bond, or other security to the Developer, upon the expiration of one (1) year from the acceptance of the improvements referred to herein by the Village. To the extent that the provisions of Paragraph 9 herein, and of the Letter of Credit, bond, or other security, permit the Village to draw funds under such Letter of Credit, bond, or other security, the Village hereby agrees to reduce the outstanding liability of the issuer of the Letter of Credit, bond, or other security to the extent that funds are 7 disbursed. 10. Any Letter of Credit, bond, or other security shall provide that the issuer thereof shall not cancel or otherwise terminate said security without a written notice being given to the Village between thirty (30) days and forty-five (45) days in advance of termination or cancellation. 11. Developer shall install any additional storm sewers and/or inlets which are required in order to eliminate standing water or conditions of excessive sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. No occupancy permit shall be issued until all exterior lighting specified on Exhibit AC—_ is installed and operational. 13. The Developer acknowledges that until final acceptance, he is responsible for providing snow and ice control along any streets within the Development which are adjacent to occupied properties or necessary to provide access to occupied properties. The Developer agrees to pay the Village an annual fee for providing snow and ice control along these streets. The fee rate shall not exceed the Village=s average budgeted snow and ice control cost per mile of Village streets for which this service is provided with a minimum charge being based upon one-half (2) mile. It is the Developers responsibility to provide a map of the applicable areas and the fee payment within thirty (30) days of notification of the annual fee rate. If not paid, the fee may be withdrawn by the Village from the cash deposit described in Paragraph 9-E. 14. The Developer acknowledges that he is responsible for the proper control of weeds, grass, refuse, and junk on all property which he owns within the Village in accordance with Chapter 8.32 of the Buffalo Grove Municipal Code. It is further agreed that the Developer shall 8 continue to be responsible for the proper maintenance of any parcels of property for which the Developer transfers ownership to the Village until such time as the Development=s improvements are accepted by the Village in writing in accordance with the provisions of this agreement. If the Developer fails to perform his maintenance responsibilities established in either this paragraph or Chapter 8.32, the Village may provide a written notice to the Developer of the improper maintenance condition. If proper maintenance is not completed within ten (10) days after the Developer is provided this notice, the Village may perform the maintenance and deduct the costs of the maintenance from the cash deposit described in Paragraph 9. 15. The Developer agrees that no improvements constructed in conjunction with this project are sized or located in such a way as to warrant any recapture payment to the Developer pursuant to any applicable previous agreements. 16. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the Parties hereto including, without limitation, the PUD Ordinance and Amendments, Ordinance Nos. 96-31 and 97-39 (Annexation Agreement or PUD Ordinance) dated April 15, 1996 and May 5,1997 and the obligations contained therein. 17. Paragraph(s) N/A are attached hereto and made a part hereof. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed as has the Developer, all as of the date first above written. VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation By 9 DEVELOPER - WEIDNER ROAD RESIDENCES, L.P. By 10 Delacourte - Phase II (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A The Plat of Subdivision prepared by Haeger & Associates entitled Delacourte consisting of 2 sheet (s) last revised 7/31/97 11 Delacourte - Phase II (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements, both public and private, including earthwork, streets, driveway and parking area pavements, sidewalks, sanitary and storm sewers, watermain, drainage and storm detention facilities, site grading, street lighting, landscaping, survey monuments and benchmarks. 12 Delacourte - Phase II (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Plans prepared by Groundwork, Ltd. Entitled Delacourte Condominiums consisting of 9 sheet(s) last revised 8/14/97 and specifications prepared by Groundwork, Ltd. entitled (included on plans) consisting of N/A sheet (s) last revised N/A 13 Delacourte - Phase II (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Landscaping Plan prepared by Douglas Hill Associates entitled consisting of 1 sheet (s) last revised 5/29/97 Approved by Appearance Control Commission on: 6/12/97 F:\GROUP\ENGINEER\FORMS\DIA - Delacourte Phase II.doc 14 ALTERNATE PARAGRAPH 8 8. It is agreed that no framing authorization shall be granted by any official for the construction of any structure until required utility facilities (to include but not by way of limitation; watermains, sanitary and storm sewer systems) have been installed and made ready to service the individual lots concerned; and that roadways (or temporary roadways) providing access to the subject lot or lots have been constructed, or are in the course of construction, and are suitable for emergency vehicular traffic as determined by the Village Building Commissioner. It is understood and agreed that framing authorization may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadway access is suitable as determined by the Building Commissioner, for emergency vehicular traffic, notwithstanding the fact that all improvements within the Development may not be completed. It is understood that a building permit authorizing the construction of foundations and supporting subsystems will be issued by the Village upon recording of final plan and completion of proper building permit application including complete payment of all building permit fees and compliance with applicable ordinances and requirements. The type of temporary road proposed and anticipated method of maintenance are described on Exhibit "F", "Temporary Road Construction and Maintenance Specifications". 15 F:\GROUP\ENGINEER\FORMS\DIA - Delacourte Phase II.doc 16 Board Agenda Item Submittal xII-A Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: ORDINANCE 99- Fifteenth Amendment to the Town Center P.U.D.-Advocate Medical Group office expansion, 214 McHenry Road. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/30/99 10/04/99 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The Village Board tabled action on this ordinance to October 4, 1999. Kevin Sims of Simon DeBartolo has indicated that he will be at the meeting to discuss the Advocate Medical Group request and other aspects of planning for Town Center. Advocate is requesting approval to expand its medical office from the current 5,556 square feet by adding an adjoining space of 2,034 square feet. A draft ordinance and exhibits are attached. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files [A Ord92799.wpd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: 9/23/99 ORDINANCE NO. 99- FIFTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE Advocate Medical Group office expansion, 214 McHenry Road, Phase 1 commercial building WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, Buffalo Grove Joint Venture, an Indiana General Partnership, (hereinafter referred to as "Owner"), is the Owner of a certain tract of property legally described in EXHIBIT A attached hereto, which exhibit is made a part hereof, (hereinafter referred to as the "Property") and which real estate is within the corporate limits of the Village; and, WHEREAS, the Property was zoned in the Village of Buffalo Grove by Ordinance 86-61, dated November 3, 1986, which zoned the Property as part of a Planned Unit Development in the B-5 District, with the Property being zoned in the B-5 Commercial/Recreational Sub-District with approval of a Preliminary Plan dated November 1, 1986 and later approved with revisions on April 27, 1987; and, WHEREAS, the Village approved Ordinance 97-33 dated April 7, 1997 (Twelfth Amendment to the Town Center P.U.D.) pursuant to a request by Advocate Medical Group, as lessee, to occupy a space of approximately 5,600 square feet in the Phase 1 commercial building for a medical office; and, WHEREAS, Advocate Medical Group is now requesting expansion of said medical office to allow an additional 2,034 square feet of office space adjoining the existing office pursuant to and in accordance with EXHIBIT B dated September 21, 1999 and EXHIBIT C dated September 23, 1999 attached hereto; and, WHEREAS, the Village has allowed various amendments to the approved and amended P.U.D. to support the Town Center development; and, WHEREAS, the B-5 District allows mixed occupancy uses of commercial and office uses as a Special Use, and said mixed occupancy was contemplated in the plan approved by Ordinance 86-61 for the Phase 2 commercial area; and, WHEREAS, the proposed office use in the Phase 1 commercial building is consistent with the intent of Ordinance 86-61 and the general character of uses in shopping centers in the Village; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance, and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance amending the Town Center Planned Unit Development pursuant to EXHIBITS B and C to allow an expansion of 2,034 square feet to the existing medical office space of approximately 5,566 square feet in the Phase 1 commercial building. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: APPROVED: APPROVED: ELLIOTT HARTSTEIN Village President ATTEST: Village Clerk EXHIBIT A FIFTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE Legal Description Advocate Medical Group office expansion, 214 McHenry Road, Phase 1 commercial building Lot 1 of Buffalo Grove Town Center Unit 1 being a subdivision of part of the Southwest Quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian in Lake County, Illinois. Board Agenda Item Submittal xIv A Requested By: Ghida Sahyouni Entered By: Ghida Sahyouni Agenda Item Title: Review and Discuss the Plan Commission recommendation regarding the Walgreens proposal at Plaza Verde Shopping Center. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 10/01/99 10/04/99 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Review and Discuss the Plan Commission recommendation regarding the Walgreens proposal at Plaza Verde Shopping Center. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal xIv B Requested By: William H Brimm Entered By: William H Brimm Agenda Item Title: Authorization to Waive Bids and Award a Construction Management"Owner-Construction Manager Agreement' between the Village of Buffalo Grove and MTI Construction Services for a design/build contract for the Arboretum Golf Course facilities development program. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/30/99 10/04/99 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No Yes 0 No funds? Is this a budgeted item.? Projected total budget impact: $100,000 Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The submittal of a recommendation to proceed ahead with a design/build service contract between the Village and MTI Construction Services is the culimination of initial planning undertaken by a staff Integrated Management Team for facilities development at the Arboretum Golf Course. A series of recommendations has been prepared for review and discussion purposes to support the work undertaken and that is noted in the support materials for this subject. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: