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
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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
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relate to another additional reference required to present
item on the info separate from the this item to the
agenda? Board packet? board?
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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
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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
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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.
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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
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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.
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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.
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F-7
Annexord.wpd
Approval Section:
Name: Date and Time:
Submitted By:
Pre-Approved By:
Approved By:
Published to Web:
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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.
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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
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Exhibits can be accessed
in:
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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.
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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
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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
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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.
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Approval Section:
Name: Date and Time:
Submitted By:
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Approved By:
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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
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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.
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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: