Village of West Dundee - Board Meeting Agenda - 09/12/2016

Village of West Dundee PRESIDENT AND BOARD OF TRUSTEES Regular Meeting Monday, September 12, 2016 07:30 PM

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Approval of Agenda

V. Village President's Report

A. Proclamation Recognizing the 15th Anniversary of the 9/11 Attacks

VI. Reports and Questions from Trustees

VII. Village Staff Reports

VIII. Questions from the audience (not to exceed 30 minutes with a limit of 5 minutes per person requesting to be heard)

IX. Consent Agenda

A. Ratification of Checks: September 6, 2016 B. Approval of Bill List: September 12, 2016 C. Approval of Minutes: August 22, 2016 Regular Board Meeting

X. Resolutions and Ordinances

A. Spring Hill Senior Residences, 939 W. Main St.: Ordinance Approving Final Planned Development and Final Plat of Subdivision (Trustee Price) B. Ordinance Amending Chapter 2 Definitions of Title 10, Zoning Regulations Related to Cemetery (Trustee Price) C. First Congregational Church, 900 S. Eighth St.: Ordinance Modifying a Special Use for a Planned Development to Allow Construction of a Columbarium Garden (Trustee Price)

XI. Unfinished Business

A. Recommendation to Award Downtown Building Demolition Contract and Accept Concept Plan, Phasing and Prioritization for Downtown Plan Implementation (Trustee Price)

XII. New Business

A. Presentation: Fox River Valley Public Library District B. Recommendation to Award Tree Planting Contract and Purchase Trees - 2016 Parkway Tree Replacement Program (Trustee Yuscka) C. Discussion of Draft Rules & Procedures for Public Comments (Truste Hanley)

http://www.wdundee.org/apps/vwide/WDBoardAgendas.nsf/WebMain/0C175273E225F125862580290072767C?OpenDocument[9/9/2016 3:52:30 PM] Village of West Dundee - Board Meeting Agenda - 09/12/2016

XV. Miscellaneous / Future Agenda Items

XVI. Adjournment

http://www.wdundee.org/apps/vwide/WDBoardAgendas.nsf/WebMain/0C175273E225F125862580290072767C?OpenDocument[9/9/2016 3:52:30 PM]

PROCLAMATION Recognizing the 15th Anniversary of the 9/11 Attacks

WHEREAS, on September 11, 2001, the American people endured with courage and heroism the worst terrorist attack on U.S. soil in the nation’s history; and

WHEREAS, in response to this tragedy, Americans across the country came together in a remarkable spirit of patriotism and unity and carried out countless acts of kindness, generosity, and compassion; and

WHEREAS, community organizations and family members of 9/11 victims began observing the anniversary of September 11th as a charitable service day to honor the memory of those who were lost and those who united in response to the tragedy, including first responders and volunteers; and

WHEREAS, the Edward M. Kennedy Serve America Act, approved by Congress and enacted into law on April 21, 2009, requested September 11 th to be observed and recognized as an annual “National Day of Service and Remembrance” and charged the Corporation for National and Community Services with leading this nationwide effort; and

WHEREAS, participating in service and remembrance activities on September 11th is an positive and respectful way to remember the lives of those lost, pay tribute to those who rose in service, and honor those who continue to serve our country today, including veterans, soldiers, military families, and first responders; and

WHEREAS, September 11th National Day of Service and Remembrance activities are being organized by a wide range of nonprofits, faith-based and community groups, public agencies, educational institutions, private businesses, and other organizations across the nation; and

WHEREAS, on September 11th, 2016, and on the days leading up to and following this day, citizens of West Dundee have an opportunity to participate in activities that honor 9/11 victims and heroes by joining together in service projects to meet community needs.

NOW, THEREFORE, I, Christopher Nelson, Village President of the Village of West Dundee, proclaim September 11th a Day of Service and Remembrance in West Dundee, and call upon the people of West Dundee to honor the lives and memories of those lost through participation in community service and remembrance ceremonies on this day and throughout the year.

In witness whereof, I hereunto set my hand and cause the seal of the Village of West Dundee to be affixed this 7th day of September, 2016.

______Christopher Nelson Village President

DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 1 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63931 ACE100 ACE HARDWARE

53169/H 08/19/16 01 MISC SMALL PARTS 1-15-4-0500 43.30 INVOICE TOTAL: 43.30 *

CHECK TOTAL: 43.30

63932 ADV100 ADVANCED TELECOMMUNICATIONS OF

51024 06/23/16 01 CNTRCT MNT CHGS 8/1/16-7/31/17 1-12-3-3001 8,427.00 INVOICE TOTAL: 8,427.00 *

CHECK TOTAL: 8,427.00

63933 BFT100 B & F CONSTRUCTION CODE

44512 08/08/16 01 1100 WESEMANN PRJCT #1115157 1-16-3-3000 1,023.14 INVOICE TOTAL: 1,023.14 *

44621 08/22/16 01 JULY '16 PLUMBING INSPECTIONS 1-16-3-3000 660.80 INVOICE TOTAL: 660.80 *

CHECK TOTAL: 1,683.94

63934 BLU100 BLUE CROSS/BLUE SHIELD

081716 BLU 08/17/16 01 SEPTEMBER 2016 PREMIUMS 1-12-2-0100 4,901.54 02 SEPTEMBER 2016 PREMIUMS 1-14-2-0100 25,052.92 03 SEPTEMBER 2016 PREMIUMS 1-14-2-0100 3,706.09 04 SEPTEMBER 2016 PREMIUMS 1-15-2-0100 13,477.20 05 SEPTEMBER 2016 PREMIUMS 1-15-2-0100 1,901.56 06 SEPTEMBER 2016 PREMIUMS 1-16-2-0100 3,855.77 07 SEPTEMBER 2016 PREMIUMS 1-17-2-0100 3,319.52 08 SEPTEMBER 2016 PREMIUMS 1-18-2-0100 3,342.81 09 SEPTEMBER 2016 PREMIUMS 2-21-2-0100 4,715.45 10 SEPTEMBER 2016 PREMIUMS 2-22-2-0100 1,469.17 INVOICE TOTAL: 65,742.03 *

CHECK TOTAL: 65,742.03 DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 2 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63935 BOB101 JEFF BOBER

090216 BOB 09/02/16 01 SUPPLIES FOR ENGINE 31 1-15-3-0200 145.91 INVOICE TOTAL: 145.91 *

CHECK TOTAL: 145.91

63936 CDW101 CDW GOVERNMENT, INC.

DSV9301 07/23/16 01 SIERRA WIRLSS AVMS MGMT LIC 1Y 1-12-3-3001 499.75 INVOICE TOTAL: 499.75 *

CHECK TOTAL: 499.75

63937 COM117 COMED

081716 06062 08/17/16 01 ACCOUNT 0237106062 2-22-3-1000 111.98 INVOICE TOTAL: 111.98 *

081716 18007 08/17/16 01 ACCOUNT 1501018007 1-17-3-1000 96.00 INVOICE TOTAL: 96.00 *

081716 19060 08/17/16 01 ACCOUNT 2259019060 2-22-3-1000 150.94 INVOICE TOTAL: 150.94 *

081716 54260 08/17/16 01 ACCOUNT 1431054260 1-00-7-0500 39.22 INVOICE TOTAL: 39.22 *

081716 99008 08/17/16 01 ACCOUNT 20770990008 1-17-3-1000 410.06 INVOICE TOTAL: 410.06 *

081816 09051 08/18/16 01 ACCOUNT 0395009051 2-22-3-1000 124.05 INVOICE TOTAL: 124.05 *

081816 28016 08/18/16 01 ACCOUNT 1146028016 1-17-3-1000 58.45 INVOICE TOTAL: 58.45 * DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 3 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63937 COM117 COMED

*** VOID---LEADER CHECK ***

63938 COM117 COMED

081816 97040 08/18/16 01 ACCOUNT 2616097040 1-18-3-1000 88.60 INVOICE TOTAL: 88.60 *

081916 03018 08/19/16 01 ACCOUNT 3759003018 1-17-3-1000 9.22 INVOICE TOTAL: 9.22 *

081916 10026 08/19/16 01 ACCOUNT 3399010026 1-17-3-1000 9.22 INVOICE TOTAL: 9.22 *

081916 11108 08/19/16 01 ACCOUNT 0171011108 1-17-3-1000 9.22 INVOICE TOTAL: 9.22 *

081916 18027 08/19/16 01 ACCOUNT 4023118027 1-17-3-1000 9.22 INVOICE TOTAL: 9.22 *

081916 31084 08/19/16 01 ACCOUNT 1533131084 1-17-3-1000 9.22 INVOICE TOTAL: 9.22 *

081916 37017 08/19/16 01 ACCOUNT 4134037017 1-17-3-1000 31.25 INVOICE TOTAL: 31.25 *

*** VOID---LEADER CHECK ***

63939 COM117 COMED

081916 53029 08/19/16 01 ACCOUNT 5571053029 1-17-3-1000 9.22 INVOICE TOTAL: 9.22 *

081916 79040 08/19/16 01 ACCOUNT 2655079040 1-17-3-1000 9.22 INVOICE TOTAL: 9.22 * DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 4 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63939 COM117 COMED

082416 38080 08/24/16 01 ACCOUNT 1227138080 1-17-3-1000 877.87 INVOICE TOTAL: 877.87 *

082416 86012 08/24/16 01 ACCOUNT 1888086012 2-22-3-1000 33.97 INVOICE TOTAL: 33.97 *

082416 95004 08/24/16 01 ACCOUNT 0623795004 1-17-3-1000 190.61 INVOICE TOTAL: 190.61 *

082416 96060 08/24/16 01 ACCOUNT 1116096060 2-22-3-1000 34.22 INVOICE TOTAL: 34.22 *

CHECK TOTAL: 2,311.76

63940 COM118 COMED

082216 20069 08/22/16 01 ACCOUNT 3495120069 2-22-3-1000 223.75 INVOICE TOTAL: 223.75 *

082416 64037 08/24/16 01 ACCOUNT 765364037 1-17-3-1000 119.88 INVOICE TOTAL: 119.88 *

CHECK TOTAL: 343.63

63941 COM119 COMCAST

081616 29067 08/16/16 01 ACCOUNT 8771100080029067 1-12-3-0510 299.70 INVOICE TOTAL: 299.70 *

082816 16127 08/28/16 01 ACCOUNT 8771100030316127 1-12-3-0510 84.90 INVOICE TOTAL: 84.90 *

CHECK TOTAL: 384.60

63942 CUC100 CUCCI FORD DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 5 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63942 CUC100 CUCCI FORD

603185 08/19/16 01 D27 GASKET, VALVE REPLCMNTS 1-14-4-0500 564.79 INVOICE TOTAL: 564.79 *

CHECK TOTAL: 564.79

63943 DAI107 DAILY HERALD

T4449307 08/13/16 01 PUBLIC NOTICE - CD 1-13-3-7400 151.80 INVOICE TOTAL: 151.80 *

CHECK TOTAL: 151.80

63944 DAI108 DAILY HERALD

081016 DAI 08/10/16 01 SVC 8/10/16-8/8/17 1-14-3-0200 4.64 INVOICE TOTAL: 4.64 *

CHECK TOTAL: 4.64

63945 DEL102 KATIE & JEFF DELAERE

090616 DEL 09/06/16 01 ISSUANCE - FACADE LOAN #2 5-00-2-1338 6,000.00 INVOICE TOTAL: 6,000.00 *

CHECK TOTAL: 6,000.00

63946 DUN103 DUNDEE AUTOMOTIVE SUPPLY CO.

249024 09/02/16 01 EMERGENCY LAMP 1-15-4-0500 19.64 INVOICE TOTAL: 19.64 *

CHECK TOTAL: 19.64

63947 DYN100 DYNEGY ENERGY SERVICES DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 6 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63947 DYN100 DYNEGY ENERGY SERVICES

147027316081 08/25/16 01 ACCOUNT GMCWES1001 2-21-3-1000 15,703.69 INVOICE TOTAL: 15,703.69 *

CHECK TOTAL: 15,703.69

63948 ELG106 ELGIN KEY & LOCK CO. INC.

095148 08/18/16 01 4 DUPLICATE KEYS 1-14-3-0200 13.00 INVOICE TOTAL: 13.00 *

CHECK TOTAL: 13.00

63949 EVI100 EVIDENT CRIME SCENE PRODUCTS

108715A 08/18/16 01 EVIDENCE TUBES, DENTAL STONE 1-14-4-0100 110.96 INVOICE TOTAL: 110.96 *

CHECK TOTAL: 110.96

63950 EXX100 EXXON MOBIL FIRE

7187600000294808608 08/24/16 01 ACCOUNT 7187 6000 0029 4808 1-15-4-0200 684.22 02 ACCOUNT 7187 6000 0029 4808 1-16-4-0200 127.17 INVOICE TOTAL: 811.39 *

CHECK TOTAL: 811.39

63951 GAL101 GALLS, LLC

005849625 08/08/16 01 ANDREWS DUTY BELT KIT 1-14-2-1500 49.99 INVOICE TOTAL: 49.99 *

CHECK TOTAL: 49.99

63952 GLO100 GLOBAL EMERGENCY PRODUCTS,INC. DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 7 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63952 GLO100 GLOBAL EMERGENCY PRODUCTS,INC.

AG51759 08/24/16 01 ENGINE 31 SWITCH PRESS 1-15-4-0500 90.78 INVOICE TOTAL: 90.78 *

CHECK TOTAL: 90.78

63953 GUA100 GUARDIAN

081716 GUA 08/17/16 01 SEPTEMBER 2016 PREMIUMS 1-12-2-0100 509.00 02 SEPTEMBER 2016 PREMIUMS 1-14-2-0100 1,895.07 03 SEPTEMBER 2016 PREMIUMS 1-14-2-0100 38.12 04 SEPTEMBER 2016 PREMIUMS 1-15-2-0100 1,028.50 05 SEPTEMBER 2016 PREMIUMS 1-15-2-0100 38.12 06 SEPTEMBER 2016 PREMIUMS 1-16-2-0100 226.77 07 SEPTEMBER 2016 PREMIUMS 1-17-2-0100 274.92 08 SEPTEMBER 2016 PREMIUMS 1-18-2-0100 281.21 09 SEPTEMBER 2016 PREMIUMS 2-21-2-0100 175.57 10 SEPTEMBER 2016 PREMIUMS 2-22-2-0100 66.84 11 SEPTEMBER 2016 PREMIUMS 1-00-2-2452 406.11 INVOICE TOTAL: 4,940.23 *

CHECK TOTAL: 4,940.23

63954 ILL154 ILL HOMICIDE INVESTIGATORS

082316 ILL 08/23/16 01 FICEK - CONFERENCE 10/10-10/12 1-14-2-2500 195.00 INVOICE TOTAL: 195.00 *

CHECK TOTAL: 195.00

63955 INT105 INTERSTATE ALL BATTERY CENTER

1903701023398 08/17/16 01 AAA, AA, AND 9 VOLT BATTERIES 1-14-3-0200 72.80 INVOICE TOTAL: 72.80 *

CHECK TOTAL: 72.80 DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 8 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63956 LEI100 CHLOE & BRIAN LEITH

082916 LEI 08/29/16 01 REIMBURSE OVRPMT- FACADE LOAN 5-00-2-1331 125.00 INVOICE TOTAL: 125.00 *

CHECK TOTAL: 125.00

63957 MOB101 MOBILE VISION

0244268-IN 08/16/16 01 SW PLATFORM FOR SQUAD VIDEO 1-14-4-0100 1,509.00 INVOICE TOTAL: 1,509.00 *

0244303-IN 08/16/16 01 REPLACEMENT CAMERA FOR D3 1-14-4-0100 709.00 INVOICE TOTAL: 709.00 *

CHECK TOTAL: 2,218.00

63958 NEM100 NORTHEAST MULTI-REGIONAL

209657 08/16/16 01 MCCARTHY 7/25/16-7/29/16 1-14-2-2500 375.00 INVOICE TOTAL: 375.00 *

CHECK TOTAL: 375.00

63959 OFF105 OFFICE DEPOT

856929582001 08/12/16 01 TONER 1-14-3-0100 113.51 INVOICE TOTAL: 113.51 *

856929677001 08/12/16 01 5 LARGE MAGNETIC CLIPS 1-14-3-0100 24.95 INVOICE TOTAL: 24.95 *

858801346001 08/22/16 01 TONER 1-14-3-0100 116.99 INVOICE TOTAL: 116.99 *

CHECK TOTAL: 255.45 DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 9 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63960 OTT100 OTTO

923798 08/22/16 01 HERMAN EAR PHONE KIT 1-14-2-1500 51.94 INVOICE TOTAL: 51.94 *

CHECK TOTAL: 51.94

63961 QUA100 QUAD COM

16-WDFD-9 09/01/16 01 SEPTEMBER '16 DISPATCH SERVICE 1-15-3-2300 6,479.73 INVOICE TOTAL: 6,479.73 *

CHECK TOTAL: 6,479.73

63962 ROA100 ROADWAY TOWING AND SERVICE INC

1012873 08/19/16 01 AMBULANCES 31 &32 1-15-4-0500 60.00 INVOICE TOTAL: 60.00 *

CHECK TOTAL: 60.00

63963 SEL101 SELDEN FOX, LTD

197521-75645 08/09/16 01 PROGRESS BILLING- FY '16 AUDIT 1-12-3-2400 16,500.00 INVOICE TOTAL: 16,500.00 *

CHECK TOTAL: 16,500.00

63964 SPE100 SPEEDWAY SUPERAMERICA LLC

082416 07099 08/24/16 01 ACCOUNT 100 1207 099 1-17-4-0200 749.53 02 ACCOUNT 100 1207 099 1-18-4-0200 374.76 03 ACCOUNT 100 1207 099 2-21-4-0200 374.76 04 ACCOUNT 100 1207 099 2-22-4-0200 374.76 INVOICE TOTAL: 1,873.81 *

082416 84257 08/24/16 01 ACCT 100 1584 257 1-14-4-0200 2,188.52 INVOICE TOTAL: 2,188.52 *

CHECK TOTAL: 4,062.33 DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 10 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63965 STA102 STAN'S LPS MIDWEST

322086 08/29/16 01 VH JUNE-AUG '16 METER READ 1-12-3-3000 84.26 INVOICE TOTAL: 84.26 *

CHECK TOTAL: 84.26

63966 STA107 STAPLES BUSINESS ADVANTAGE

3312269639 08/20/16 01 COPY PAPER, CORRECTION ROLLERS 1-14-3-0100 74.97 INVOICE TOTAL: 74.97 *

CHECK TOTAL: 74.97

63967 STA118 STATE SURPLUS PROPERTY

082416 STA 08/24/16 01 ANN MEM FEE CMS/LESO PROGRAM 1-14-2-3000 400.00 INVOICE TOTAL: 400.00 *

CHECK TOTAL: 400.00

63968 STC100 ST. CHARLES MEMORIAL WORKS

082916 STC 08/29/16 01 LETTER 12 BRICKS @ $12 EACH 4-00-5-0120 144.00 INVOICE TOTAL: 144.00 *

CHECK TOTAL: 144.00

63969 THO100 THOMPSON ELEVATOR INSPECTION

16-2609 08/08/16 01 6 SEMI-ANN ELEV INSP & 3 NEW 1-16-3-3000 558.00 INVOICE TOTAL: 558.00 *

16-2793 08/18/16 01 5 SEMI ANN ELEVATOR INSPCTNS 1-16-3-3000 215.00 INVOICE TOTAL: 215.00 *

16-2825 08/23/16 01 23 SEMI-ANN ELEVATOR INSPCTNS 1-16-3-3000 1,032.00 INVOICE TOTAL: 1,032.00 *

CHECK TOTAL: 1,805.00 DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 11 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63970 UNI104 POSTAL SERVICE

082916 UNI 08/29/16 01 METER ACCT 20475257 1-14-3-2000 1,000.00 INVOICE TOTAL: 1,000.00 *

CHECK TOTAL: 1,000.00

63971 USB102 US BANK EQUIPMENT FINANCE

311201727 08/16/16 01 COPIER CNTRCT S/N E175M161984 1-14-3-3000 174.92 INVOICE TOTAL: 174.92 *

CHECK TOTAL: 174.92

63972 V3C100 V3 COMPANIES

716308 08/12/16 01 PROJ 10221.01 - BLDG DMLTION 5-00-3-4010 975.86 INVOICE TOTAL: 975.86 *

716309 08/12/16 01 PROJ 10221.2 - DT RESTORATION 5-00-3-4010 10,687.77 INVOICE TOTAL: 10,687.77 *

CHECK TOTAL: 11,663.63

63973 VIL100 PETTY CASH

083016 FD/CD 08/30/16 01 STAMPS 1-15-3-2000 47.00 02 STAMPS 1-16-3-2000 47.00 03 EMMETT'S 1-15-3-1500 13.90 04 BATTERIES PLUS 1-15-3-0200 8.64 05 WEED KILLER HOME DEPOT 1-15-3-0200 20.68 06 PAL JOEYS 1-15-3-1500 9.62 07 KEYS 1-16-3-6500 5.35 08 TRACTOR SUPPLY 1-15-3-0200 27.78 09 EMMETTS 1-15-3-1500 19.17 10 STAMPS 1-15-3-2000 58.80 DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 12 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63973 VIL100 PETTY CASH

083016 FD/CD 08/30/16 11 STAMPS 1-16-3-2000 105.80 INVOICE TOTAL: 363.74 *

CHECK TOTAL: 363.74

63974 VIL103 VILLAGE OF EAST DUNDEE

3665 07/31/16 01 WWTP INTERGOV'T AGRMNT-JULY 16 2-22-3-3100 17,774.31 INVOICE TOTAL: 17,774.31 *

CHECK TOTAL: 17,774.31

63975 WAR103 EMILY WARNER

090116 09/01/16 01 REFUND-OVRPMT FOR 1 YR DOG TAG 1-12-3-6500 10.00 INVOICE TOTAL: 10.00 *

CHECK TOTAL: 10.00

63976 WIC100 WICKSTROM FORD

530894 08/19/16 01 NEW PROGRAMMED KEY 1-15-4-0500 24.26 INVOICE TOTAL: 24.26 *

533139 08/26/16 01 LIC 713403 REPAIRS 1-15-4-0600 679.76 INVOICE TOTAL: 679.76 *

CHECK TOTAL: 704.02

63977 WIL105 WBK ENGINEERING

16842 08/08/16 01 SPRING HILL MALL-JULY 16 SVCS 1-16-3-3800 1,850.00 INVOICE TOTAL: 1,850.00 *

16843 08/08/16 01 OAKVIEW CORP PARK-JULY 16 SVCS 1-16-3-3800 5,618.41 INVOICE TOTAL: 5,618.41 *

CHECK TOTAL: 7,468.41 DATE: 09/06/16 VILLAGE OF WEST DUNDEE PAGE: 13 TIME: 14:13:16 PRE-CHECK RUN EDIT ID: AP211001.W0W

INVOICES DUE ON/BEFORE 09/06/2016

CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------

63978 ZOL100 ZOLL MEDICAL CORPORATION

2412248 08/11/16 01 AED PLUS TRAINER2 UNIT 1-15-3-0300 269.09 INVOICE TOTAL: 269.09 *

CHECK TOTAL: 269.09

TOTAL AMOUNT PAID: 180,374.43 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 1 TIME: 08:53:44 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

ADT100 ADT SECURITY SERVICES

596984965 09/02/16 01 SECURITY ALARM SERVICE 11833000 09/12/16 241.32 INVOICE TOTAL: 241.32 VENDOR TOTAL: 241.32

AFR100 A FREEDOM FLAG CO.

20766 08/22/16 01 FLAGS 11830200 09/12/16 187.95 INVOICE TOTAL: 187.95 VENDOR TOTAL: 187.95

ALL105 REPUBLIC SERVICES #933

0551-012838601 08/31/16 01 AUG '16 RESIDENTIAL SVC 11735500 09/12/16 36,758.63 02 AUG '16 RESIDENTIAL SVC 11736000 12,276.49 INVOICE TOTAL: 49,035.12 VENDOR TOTAL: 49,035.12

AME112 AMERICAN MOBILE STAGING, INC.

090816 AME 09/08/16 01 HRTG FEST-AMERICAN MOBILE STG 50033600 09/12/16 2,010.00 INVOICE TOTAL: 2,010.00 VENDOR TOTAL: 2,010.00

ARE101 JEREMY ARENDT

090816 ARE 09/08/16 01 HRTGE FEST - LOST IN THE RYE 50033600 09/12/16 250.00 INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00

ASSO100 ASSOCIATED TECHNICAL SERVICES

27712 08/02/16 01 107 W MAIN SERVICE LEAK 22142750 09/12/16 605.00 INVOICE TOTAL: 605.00 VENDOR TOTAL: 605.00 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 2 TIME: 08:53:44 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

AWW100 AWWA, SECTION

200024647 08/22/16 01 AWWA WATER CLASS - KIRK 22122500 09/12/16 32.00 INVOICE TOTAL: 32.00 VENDOR TOTAL: 32.00

BAX100 BAXTER & WOODMAN, INC.

0187529 08/25/16 01 PHASE II DESIGN 43155000 09/12/16 1,517.03 02 C'VILLE-HUNTLEY RD ENGINEERING 40003380 1,517.02 INVOICE TOTAL: 3,034.05 VENDOR TOTAL: 3,034.05

BIG101 BIG AUDIO, INC.

090816 BIG 09/08/16 01 HERTG FST - BIG AUDIO 50033600 09/12/16 5,600.00 INVOICE TOTAL: 5,600.00 VENDOR TOTAL: 5,600.00

BOU101 BOUND TREE MEDICAL, LLC

82246463 08/22/16 01 MEGAMOVER TRANSPORT W/ GRIPS 11530300 09/12/16 420.16 02 MEGAMOVER TRANSPORT W/ GRIPS 11430300 420.16 INVOICE TOTAL: 840.32

82253113 08/29/16 01 BLOOD PRESSURE CUFFS 11530300 09/12/16 63.93 INVOICE TOTAL: 63.93 VENDOR TOTAL: 904.25

BRO ROBERT BROZ

090816 BRO 09/08/16 01 HERITAGE FEST - SMOKIN GUNZ 50033600 09/12/16 1,500.00 INVOICE TOTAL: 1,500.00 VENDOR TOTAL: 1,500.00

CAM104 FRANCESCA CAMPOBASSO DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 3 TIME: 08:53:44 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

CAM104 FRANCESCA CAMPOBASSO

090816 CAM 09/08/16 01 HERITAGE FEST-THE STUDENT BODY 50033600 09/12/16 1,500.00 INVOICE TOTAL: 1,500.00 VENDOR TOTAL: 1,500.00

CAR103 CARGILL INC.

2902963955 08/23/16 01 SOFTENER SALT 22134300 09/12/16 3,422.92 INVOICE TOTAL: 3,422.92 VENDOR TOTAL: 3,422.92

COM107 COMMUNICATIONS DIRECT INC.

SR110542 08/31/16 01 BROKEN ANTENNA CONNECTION REPR 22140100 09/12/16 43.75 INVOICE TOTAL: 43.75 VENDOR TOTAL: 43.75

CSI100 C. SINGLETON PLUMBING

092963 08/03/16 01 OPUS - REPAIR OF DAMAGED RNTL 22133800 09/12/16 410.00 02 HYDRANT METER/ RP2 REPAIR 22140100 70.00 INVOICE TOTAL: 480.00

092993 08/31/16 01 AUGUST BILLING - RESIDENCE 22133700 09/12/16 2,795.00 INVOICE TOTAL: 2,795.00 VENDOR TOTAL: 3,275.00

CUC100 CUCCI FORD

603583 08/31/16 01 D8 REPAIRS 11440500 09/12/16 1,089.77 INVOICE TOTAL: 1,089.77

603710 09/02/16 01 D7 OIL CHANGE, TIRE ROTATION 11440500 09/12/16 47.91 INVOICE TOTAL: 47.91

603946 09/06/16 01 D1 REPAIRS 11440500 09/12/16 196.81 INVOICE TOTAL: 196.81 VENDOR TOTAL: 1,334.49 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 4 TIME: 08:53:44 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

DAI107 DAILY HERALD

T4450334 & T4450336 08/27/16 01 TREE PROGRAM ADS 11731600 09/12/16 67.85 INVOICE TOTAL: 67.85 VENDOR TOTAL: 67.85

DUN103 DUNDEE AUTOMOTIVE SUPPLY CO.

248264 08/23/16 01 BLOW GUN 22133500 09/12/16 9.62 INVOICE TOTAL: 9.62

248894 08/31/16 01 STOCK/SHOP - GLOVES, BRUSH 11830200 09/12/16 33.52 02 STOCK/SHOP - GLOVES, BRUSH 11730200 33.52 03 STOCK/SHOP - GLOVES, BRUSH 22130200 33.51 04 STOCK/SHOP - GLOVES, BRUSH 22230200 33.51 INVOICE TOTAL: 134.06 VENDOR TOTAL: 143.68

DUN110 DUNDEE MIDDLE SCHOOL

090816 DUN 09/08/16 01 SCHOOLAPALOOZA DONATION BISHOP 50033600 09/12/16 200.00 INVOICE TOTAL: 200.00 VENDOR TOTAL: 200.00

EXT102 EXTREME CLEAN CAR WASH

083116 EXT 08/31/16 01 AUGUST 2016 CAR WASHES 11440500 09/12/16 51.00 INVOICE TOTAL: 51.00 VENDOR TOTAL: 51.00

FAS102 FASTENAL COMPANY

ILEAS19880 08/24/16 01 STREET LIGHT PARTS 11741300 09/12/16 9.42 INVOICE TOTAL: 9.42 VENDOR TOTAL: 9.42

FOR100 JOS. D. FOREMAN CO. INC DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 5 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

FOR100 JOS. D. FOREMAN CO. INC

273550 08/24/16 01 REPAIR CLAMPS FOR MAIN BREAKS 22142700 09/12/16 1,331.25 INVOICE TOTAL: 1,331.25

273590 08/27/16 01 RING CLAMP MAIN BREAK KNOWLTON 22142700 09/12/16 410.64 INVOICE TOTAL: 410.64

273612 08/31/16 01 HYDRANT REPAIR AT RANDALL OAKS 22143000 09/12/16 511.60 INVOICE TOTAL: 511.60 VENDOR TOTAL: 2,253.49

FOX107 FOX VALLEY FIRE & SAFETY CO.

IN00020796 08/06/16 01 PSC #2 EXTINGUISHER RPRS/ TEST 11833000 09/12/16 133.05 INVOICE TOTAL: 133.05 VENDOR TOTAL: 133.05

GAL101 GALLS, LLC

005926168 08/22/16 01 ANDREWS 11421500 09/12/16 89.99 INVOICE TOTAL: 89.99

005963801 08/29/16 01 ANDREWS - CARGO PANTS 11421500 09/12/16 137.98 INVOICE TOTAL: 137.98 VENDOR TOTAL: 227.97

GRA100 GRAINGER INDUSTRIAL SUPPLY

9205531529 08/23/16 01 STREET LIGHT PARTS 11741300 09/12/16 380.43 INVOICE TOTAL: 380.43

9212118690 08/31/16 01 VACUUM HEPA FILTER 11830300 09/12/16 40.91 INVOICE TOTAL: 40.91 VENDOR TOTAL: 421.34

HDS100 HD SUPPLY WATERWORKS, LTD DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 6 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

HDS100 HD SUPPLY WATERWORKS, LTD

F929436 08/05/16 01 2" METER OELHELD 22133600 09/12/16 1,323.63 INVOICE TOTAL: 1,323.63

F969625 08/15/16 01 TOUCH READERS 22133600 09/12/16 488.30 INVOICE TOTAL: 488.30

F969733 08/22/16 01 SEAL PRESS 22133500 09/12/16 216.00 INVOICE TOTAL: 216.00

F973377 08/15/16 01 METER PARTS 22133600 09/12/16 713.52 INVOICE TOTAL: 713.52

F973458 08/15/16 01 METER PARTS 22133600 09/12/16 1,043.68 INVOICE TOTAL: 1,043.68

G029722 08/25/16 01 2" METER SHMALL-CINEMARK 22133600 09/12/16 1,443.86 INVOICE TOTAL: 1,443.86 VENDOR TOTAL: 5,228.99

HEL102 RALPH HELM, INC.

270830 08/26/16 01 CAP - GREASE, STIHL KNIVES 11840100 09/12/16 24.78 INVOICE TOTAL: 24.78 VENDOR TOTAL: 24.78

HIF100 HIFI EVENTS, INC.

090816 09/08/16 01 HERITAGE FEST - HI INFIDELITY 50033600 09/12/16 3,420.00 INVOICE TOTAL: 3,420.00 VENDOR TOTAL: 3,420.00

INL102 INLAND MECHANICAL SERVICE CORP

SI2041680 08/18/16 01 RPLMNT-1.5 TON CONDENSING UNIT 11842000 09/12/16 6,527.00 INVOICE TOTAL: 6,527.00 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 7 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

INL102 INLAND MECHANICAL SERVICE CORP

SI2042010 08/19/16 01 RANDALL RD SPLIT SYSTEM 11842000 09/12/16 953.52 INVOICE TOTAL: 953.52

SI2042244 08/30/16 01 RANDLL RD SEAL LEAK REPAIR 11842000 09/12/16 613.74 INVOICE TOTAL: 613.74 VENDOR TOTAL: 8,094.26

IRM100 IRMA

SALES0015504 08/31/16 01 AUGUST '16 OPTIONAL DEDUCTIBLE 11530600 09/12/16 279.00 02 AUGUST '16 OPTIONAL DEDUCTIBLE 22130600 79.56 INVOICE TOTAL: 358.56 VENDOR TOTAL: 358.56

JEN102 SCOTT JENSEN

090816 JEN 09/08/16 01 HERITAGE FST- SCOTT JENSEN 50033600 09/12/16 250.00 INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00

KAN107 KANE COUNTY

2016-00000014 08/15/16 01 MARCH - MAY 2016 MAINTENANCE 11741300 09/12/16 3.00 INVOICE TOTAL: 3.00 VENDOR TOTAL: 3.00

KAN117 KANE COUNTY RECORDER

WDUN080316 & 081016 08/31/16 01 8/3/16 & 8/10/16 RECORDING FEE 11337500 09/12/16 94.00 INVOICE TOTAL: 94.00 VENDOR TOTAL: 94.00

LEA100 LEACH ENTERPRISES

896179 08/19/16 01 BRAKES 22240550 09/12/16 20.47 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 8 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

LEA100 LEACH ENTERPRISES

896179 08/19/16 02 BRAKES 11740550 09/12/16 20.48 03 BRAKES 11840550 20.48 04 BRAKES 22140550 20.47 INVOICE TOTAL: 81.90 VENDOR TOTAL: 81.90

LEA102 LEADS ONLINE

237920 09/01/16 01 INVEST SYSTEM SVC PCKG RNWL 11423000 09/12/16 2,128.00 INVOICE TOTAL: 2,128.00 VENDOR TOTAL: 2,128.00

LEE100 LEE JENSON SALES CO. INC.

159868 08/19/16 01 BLADES FOR CUT OFF SAW 11740100 09/12/16 320.00 INVOICE TOTAL: 320.00 VENDOR TOTAL: 320.00

LES101 ED LESCHER

090816 LES 09/08/16 01 HRTG FEST - STARLITES 50033600 09/12/16 300.00 INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00

LFC100 LFC ENTERTAINMENT, INC

090816 LFC 09/08/16 01 HERTGE FEST-LIBIDO FUNK CIRCUS 50033600 09/12/16 3,000.00 INVOICE TOTAL: 3,000.00 VENDOR TOTAL: 3,000.00

LIN101 LINDE GAS NORTH AMERICA LLC

54851217 08/30/16 01 OXYGEN 11530300 09/12/16 53.40 INVOICE TOTAL: 53.40 VENDOR TOTAL: 53.40 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 9 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

LOP100 MARTIN LOPEZ ACADEMY

090816 LOP 09/08/16 01 HERITAGE FEST 50033600 09/12/16 200.00 INVOICE TOTAL: 200.00 VENDOR TOTAL: 200.00

MCH103 MCHENRY ANALYTICAL WATER

591435 08/12/16 01 BARIUM & FLOURIDE SAMPLING 22133100 08/12/16 45.00 INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00

MEN100 MENARDS - CARPENTERSVILLE

89022 08/15/16 01 DOWNTOWN PAVERS 11852000 09/12/16 432.00 INVOICE TOTAL: 432.00

89075 08/16/16 01 PAINT BRUSHES 22133500 09/12/16 5.94 02 PAINT BRUSHES 22233500 5.94 INVOICE TOTAL: 11.88

89082 08/16/16 01 TOOLS FOR DIG TRAILER 11733500 09/12/16 161.71 INVOICE TOTAL: 161.71

89091 08/16/16 01 PSC#1 REPAIRS 11842000 09/12/16 34.71 INVOICE TOTAL: 34.71

89150 08/17/16 01 BATTERIES 22133500 09/12/16 33.44 02 BATTERIES 22233500 33.43 INVOICE TOTAL: 66.87

89241 08/19/16 01 PLIERS 11733500 09/12/16 17.97 INVOICE TOTAL: 17.97

89247 08/19/16 01 DOWNTOWN REPAIR SMALL PARTS 11833500 09/12/16 52.62 INVOICE TOTAL: 52.62 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 10 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

MEN100 MENARDS - CARPENTERSVILLE

89389 08/22/16 01 GRAFITTI REMOVER - ACE BLDG 11830200 09/12/16 13.94 INVOICE TOTAL: 13.94

89446 08/23/16 01 SHOP SUPPLIES 11730200 09/12/16 11.85 02 SHOP SUPPLIES 11830200 11.84 03 SHOP SUPPLIES 22130200 11.84 04 SHOP SUPPLIES 22230200 11.84 INVOICE TOTAL: 47.37

89495A 08/24/16 01 BRIM - CARGO SHORTS 11721500 09/12/16 4.00 02 BRIM - CARGO SHORTS 11821500 2.80 03 BRIM - CARGO SHORTS 22121500 0.60 04 BRIM - CARGO SHORTS 22221500 0.59 INVOICE TOTAL: 7.99

89496 08/24/16 01 VINYL TUBING 11730200 09/12/16 7.15 INVOICE TOTAL: 7.15

89535 08/25/16 01 CLEANING SUPPLIES, TRASH BAGS 11830300 09/12/16 120.98 INVOICE TOTAL: 120.98

89589 08/26/16 01 GARBAGE BAGS 50033600 09/12/16 37.66 INVOICE TOTAL: 37.66

89733 08/29/16 01 SOCKETS 22133500 09/12/16 15.45 INVOICE TOTAL: 15.45

89831 08/31/16 01 DEGREASER 22230200 09/12/16 69.98 INVOICE TOTAL: 69.98

89878 09/01/16 01 DOWNTOWN MAINTENANCE TOOLS 11833500 09/12/16 101.88 INVOICE TOTAL: 101.88

89879 09/01/16 01 DIG TRAILER TOOLS 11733500 09/12/16 55.87 INVOICE TOTAL: 55.87 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 11 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

MEN100 MENARDS - CARPENTERSVILLE

89893 09/01/16 01 PAINT THINNER 22230200 09/12/16 17.84 INVOICE TOTAL: 17.84 VENDOR TOTAL: 1,273.87

MEN102 MENARDS - CARPENTERSVILLE

89595 08/26/16 01 PAPER TOWELS, SOAP, FEBREZE 11430200 09/12/16 51.88 INVOICE TOTAL: 51.88 VENDOR TOTAL: 51.88

MIL107 KEN MILLER

090816 MIL 09/08/16 01 HERITAGE FEST- CONTROLLED BURN 50033600 09/12/16 400.00 INVOICE TOTAL: 400.00 VENDOR TOTAL: 400.00

MUN102 MUNICIPAL MARKING DISTRIBUTORS

51693 08/23/16 01 JULIE PAINT 22130200 09/12/16 40.00 02 JULIE PAINT 11730200 40.00 INVOICE TOTAL: 80.00

51698 08/23/16 01 JULIE MARKING WAND 11730200 09/12/16 24.75 INVOICE TOTAL: 24.75 VENDOR TOTAL: 104.75

NAT120 NATIONAL ASSOCIATION OF SCHOOL

M35378IL 08/29/16 01 1 YR MEMB NASRO - MCCARTHY 11423000 09/12/16 40.00 INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00

NEL103 AMANDA NELSON

090816 NEL 09/08/16 01 HERITAGE FEST- ARAGE ORCHESTRA 50033600 09/12/16 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 12 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

NOR126 NORTHWEST POLICE ACADEMY

083016 NOR 08/30/16 01 9/2016-6/2017 DEPT MMBSHP 11423000 09/12/16 50.00 INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00

OFF105 OFFICE DEPOT

860495717001 08/29/16 01 LAPTOP CASE 11430100 09/12/16 59.98 INVOICE TOTAL: 59.98 VENDOR TOTAL: 59.98

ORR100 KATHLEEN FIELD ORR & ASSOC.

15060 09/06/16 01 DOWNTOWN SSA 50034000 09/12/16 50.00 02 TRAVEL & ATTENDANCE @ MEETINGS 11337300 1,040.00 03 SHM PHONE CALLS, DOC REVIEWS 50033681 630.00 04 CONFERENCE ON POTENTIAL TIF 11337300 80.00 INVOICE TOTAL: 1,800.00 VENDOR TOTAL: 1,800.00

PER102 DAVE PERRIN

090816 PER 09/08/16 01 HERTG FST - THE LENNYS! 50033600 09/12/16 800.00 INVOICE TOTAL: 800.00 VENDOR TOTAL: 800.00

PIT101 PITNEY BOWES

3100435021 08/31/16 01 LEASING CHGS 6/30-9/29/16 11433000 09/12/16 201.00 INVOICE TOTAL: 201.00 VENDOR TOTAL: 201.00

QUA100 QUAD COM

16-WDPD-9 09/01/16 01 SEPT '16 DISPATCH SERVICE 11432300 09/12/16 16,333.64 INVOICE TOTAL: 16,333.64 VENDOR TOTAL: 16,333.64 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 13 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

RED101 RED WING SHOE STORE

000000004 08/29/16 01 FAFLIK WORK BOOTS 11821500 09/12/16 93.37 02 FAFLIK WORK BOOTS 11721500 20.01 03 FAFLIK WORK BOOTS 22121500 13.34 04 FAFLIK WORK BOOTS 22121500 6.67 INVOICE TOTAL: 133.39 VENDOR TOTAL: 133.39

ROY101 ROYAL AIRS DRUM & BUGLE CORPS

090816 ROY 09/08/16 01 HRTG FST-ROYAL AIRS DRUM 50033600 09/12/16 150.00 INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00

RUD100 SCOTT RUDICEL

090816 RUD 09/08/16 01 HRTG FST - RUDITOONZ 50033600 09/12/16 350.00 INVOICE TOTAL: 350.00 VENDOR TOTAL: 350.00

SAN102 CARL SANTOS

090816 SAN 09/08/16 01 HRTG FST-CARL "THE MYSTIFIER" 50033600 09/12/16 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00

SEA102 COMMERCIAL ONE

T430321 08/23/16 01 REFRIDGERATOR - PW 11830200 09/12/16 399.99 INVOICE TOTAL: 399.99 VENDOR TOTAL: 399.99

SHE108 SHERWIN-WILLIAMS

0321-2 08/11/16 01 5TH ST PAINT 22130200 09/12/16 48.12 INVOICE TOTAL: 48.12 VENDOR TOTAL: 48.12 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 14 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

SKW100 BOB SKWAREK

090816 SKW 09/08/16 01 HERITAGE FEST - TERATA 50033600 09/12/16 400.00 INVOICE TOTAL: 400.00 VENDOR TOTAL: 400.00

SMI101 SMITH ECOLOGICAL SYSTEMS INC

20068 08/29/16 01 INJECTOR KIT 22142550 09/12/16 344.68 INVOICE TOTAL: 344.68 VENDOR TOTAL: 344.68

STA107 STAPLES BUSINESS ADVANTAGE

3309285880 07/23/16 01 8 FT BIFOLD FOLDING TABLE 11440100 09/12/16 94.99 INVOICE TOTAL: 94.99

3309285881 07/23/16 01 BLO MOLD FOLDING CREM/MOCA 4PK 11440100 09/12/16 153.99 INVOICE TOTAL: 153.99

3313217942 09/08/16 01 PAPER, BINDER CLIPS 11630100 09/12/16 42.46 02 PAPER, BINDER CLIPS 11530100 26.35 INVOICE TOTAL: 68.81 VENDOR TOTAL: 317.79

STI100 STITCH MAGIC USA, INC.

61718 07/29/16 01 CZYSCZON & NESPOR 11721500 09/12/16 180.44 02 CZYSCZON & NESPOR 11821500 65.45 03 CZYSCZON & NESPOR 22121500 28.93 04 CZYSCZON & NESPOR 22221500 14.46 INVOICE TOTAL: 289.28 VENDOR TOTAL: 289.28

TOU101 STEPHEN D. TOUSEY LAW OFFICES

090116 TOU 09/01/16 01 SEPTEMBER 2016 PROSECUTION 11337100 09/12/16 600.00 INVOICE TOTAL: 600.00 VENDOR TOTAL: 600.00 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 15 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

TRA102 TRAFFIC CONTROL & PROTECTION

19631 08/10/16 01 ARROW BOARD RENTAL 22132200 09/12/16 300.00 INVOICE TOTAL: 300.00

87407 08/12/16 01 NO RIGHT TURN SIGNS - 2 11734100 09/12/16 56.80 INVOICE TOTAL: 56.80

87608 09/01/16 01 W. DUNDEE "OLD" SPEC ST. SIGNS 11734100 09/12/16 646.40 INVOICE TOTAL: 646.40 VENDOR TOTAL: 1,003.20

UNI112 UNIQUE PRODUCTS

317051 08/31/16 01 MOPHEADS AND FLOOR FINISH 11830300 09/12/16 255.10 INVOICE TOTAL: 255.10 VENDOR TOTAL: 255.10

UPS101 UPS

0000Y75A59356 08/27/16 01 SHIPPING FOR RETURN OF PARTS 11732000 09/12/16 7.34 INVOICE TOTAL: 7.34 VENDOR TOTAL: 7.34

USA100 USA BLUEBOOK

030793 08/10/16 01 METER LCD 22142550 09/12/16 46.67 INVOICE TOTAL: 46.67

040670 08/22/16 01 COUPLING INSERT 22142550 09/12/16 53.70 INVOICE TOTAL: 53.70 VENDOR TOTAL: 100.37

UST101 US TICKET, INC.

374836 08/25/16 01 5 ROLLS OF 2,000 GREEN TICKETS 50033600 09/12/16 175.09 INVOICE TOTAL: 175.09 VENDOR TOTAL: 175.09 DATE: 09/09/16 VILLAGE OF WEST DUNDEE PAGE: 16 TIME: 08:53:45 DETAIL BOARD REPORT ID: AP441000.WOW

INVOICES DUE ON/BEFORE 09/12/2016

INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # PROJECT DUE DATE ITEM AMT ------

VRB100 MATTHEW VRBA

090816 VRB 09/08/16 01 HRTGE FST-NORTH N SOUTH 50033600 09/12/16 600.00 INVOICE TOTAL: 600.00 VENDOR TOTAL: 600.00

WAG102 WAGNER INVESTIGATIVE

1607006 08/28/16 01 POLYGRAPH EXAMS 11430200 09/12/16 500.00 INVOICE TOTAL: 500.00 VENDOR TOTAL: 500.00

WAT100 WATER PRODUCTS CO.

0268712 09/01/16 01 BRASS FOR SVC LINE REPAIRS 22142750 09/12/16 304.31 INVOICE TOTAL: 304.31 VENDOR TOTAL: 304.31

TOTAL ALL INVOICES: 127,379.32

REGULAR BOARD MEETING August 22, 2016 - 7:30 pm Village Hall, 102 South Second Street Village of West Dundee

I. CALL TO ORDER:

President Nelson called the Regular Board Meeting to order at 7:30 pm.

II. ROLL CALL:

Present were Village President Nelson, Trustees Pflanz, Wilbrandt, Kembitzky, Hanley and Yuscka. Trustee Price was present via telephone...

Also present were Village Manager Cavallaro, Attorney Kathy Orr, Community Development Director Scott, Public Works Director Babcock, Police Chief Wieteska and forty (40) people in the audience.

III. PLEDGE OF ALLEGIENCE:

Trustee Yuscka led those in attendance in the Pledge of Allegiance.

IV. APPROVAL OF AGENDA:

MOTION: Moved by Trustee Hanley and seconded by Trustee Yuscka to approve the agenda as presented. Motion passed unanimously by voice vote.

V. VILLAGE PRESIDENT’S REPORT:

A. Challenger Baseball Jamboree

Jake Witecha, a freshman at Elgin Community College and Ryan Nix, senior from Lake Zurich High School presented a brief presentation on the Challenger League Jamboree, which is going to be held at Randall Oaks on September 11, 2016 from 1pm to 6pm.

Jake said Challenger is a division of Little League designed for mentally and/or physically challenged children from ages 4-18. At the Jamboree, they will have buddies from Middle School through High School to help with the event.

Ryan said they are asking for Board support for this event, would like to have the event publicized on the Village’s sign board, have a fire truck, ambulance and paramedic at the Jamboree. He also said they would like the West Dundee Police Department to provide hot dogs and refreshments.

President Nelson thanked Jake and Ryan and said the Challenger Jamboree has the full support of the Board.

VI. REPORTS AND QUESTIONS FROM TRUSTEES: There were none.

VII. VILLAGE STAFF REPORTS:

Public Works Director Babcock said that the primary disconnects in the downtown are complete.

Community Development Director Scott updated the Board on the Cinemark project at the Mall, including a preconstruction meeting on to be constructed there. He also said the Oeheld and Renishaw in Opus Corporate Park are almost complete.

Manager Cavallaro said that the Board meetings for September are the 12th and the 26th.

VIII. QUESTIONS FROM THE AUDIENCE:

Trish Glees, a resident of West Dundee spoke in opposition to the proposed SSA 7.0 for the downtown saying that downtown West Dundee is not a destination spot, lacks adequate parking, is not in the best interests of the town, that Village officials have “pie in the sky” dreams and shouldn’t be aiming so high. She questioned why just the downtown businesses, why not all businesses located on 72 and/or in West Dundee.

Ms. Glees also commented on the bike race held July 16, which blocked access to her home and she was led to believe that vendors would bring business to town. She said there was supposed to be a meeting for comments and the meeting has not happened.

Michael Elmore, a resident of West Dundee spoke in opposition to the SSA asking what grid is going to get taxed (Manager Cavallaro said the commercially zoned B1 business properties) and the handout which had inaccurate contact information for the Trustees, (Manager Cavallaro said the Village did not publish the handout, the inaccurate information was put out by the person or persons who published it).

Bonnie Yates, a resident and business owner of West Dundee is concerned about the burden for her as a senior citizen. She believes that it is a wonderful project, but that the tax should be spread around to all businesses and everyone in town.

Jay Correia, DreamCo Design, asked to have an accounting of what has been spent so far, suggested that the Village publish milestones and steps so business owners are knowledgeable of what is going on and suggested that the projects be pieced out, not everything spent at once.

Mike Carter, Waters Industries, asked for a briefing on what has taken place as he has been out of the country.

Manager Cavallaro briefed him on the contract with Hitchcock Design, the downtown plan, the formal plan development and approval as well as the incremental steps for funding including the funding for Huntley Road as well as the downtown. He will provide the Downtown Plan to Mr. Carter.

Alan Skillicorn, East Dundee Trustee, asked what alternatives to this plan are. He said he is in agreement with Trustee Wilbrandt in seeking out other alternatives.

Ben Dombrowski, a 6th grader at Immanuel Lutheran School in East Dundee spoke about saving the 19th century pump house that is scheduled for demolition as it is a historical building.

Julie Fox, resident of West Dundee spoke in opposition to the SSA, opposition to passing a property tax increase, asked about the role of local government and its basic functions. She turned a petition of 104 signatures of people opposing the SSA, of which 20 were from business owners and residents of West Dundee.

Lisa Dombrowski, business owner, commented on the values of the community, doesn’t want to see businesses put out, some property owners are struggling and to look at alternative ways and funding options.

Randy Errington, business owner, expressed opposition to the SSA and said he still doesn’t have all the information he needs to have for a meeting. He said the Village is overpaying for the properties and spending money to rehab buildings that are not ADA and fire code safety compliant, specifically 109-111 Main Street.

Dawn DeWitt, business owner, gave a brief background of how she started in business, and about managing money. She is opposition to the SSA.

President Nelson said the debt issued has a 20 year term and as the EAV goes up in concept it will reduce overall burden to the taxpayer.

IX. CONSENT AGENDA:

A. Ratification of Debt Purchases: July 2016 B. Approval of Bill List: August 22, 2016 C. Approval of Minutes: July 25, 2016 Regular Board Meeting D. Approval of Minutes: August 8, 2016 Regular Board Meeting E. Approval of Minutes: August 15, 2016 Committee of the Whole Meeting F. I.G.A. with Kane County Animal Control G. Approval of Class E Liquor License for Blue Line Bar & Grill

MOTION: Moved by Trustee Hanley and seconded by Trustee Yuscka to approve the Consent Agenda as presented. Upon roll call, motion was approved.

AYES: Trustees Hanley, Yuscka, Pflanz, Wilbrandt, Kembitzky and Price NAYS: None

X. RESOLUTIONS AND ORDINANCES:

A. Ordinance Establishing Special Service Area 7.0 and Consideration of a Phased Levy Approach

Trustee Kembitzky presented this item for discussion explaining that the majority of this funding is coming out of the general fund (75%) and 25% to the special service area.

MOTION: Moved by Trustee Kembitzky and seconded by Trustee Yuscka to adopt an Ordinance Establishing Special Service Area Number 7.0 in the Village of West Dundee, Kane County, Illinois and to levy an amount of $0.40 as a tax liability for SSA 7.0 in the December 2016 tax levy discussion for tax year 2015 thereafter not to exceed the rate of $0.80

After the motion was made there was Board discussion.

Trustee Wilbrandt said that the Village has borrowed $2 million for the project before having details worked out on how to pay for it. He made the following motion:

MOTION: Moved by Trustee Wilbrandt and seconded by Trustee Pflanz to table this item to the October 3, 2016 Village Board Meeting to further discuss alternatives and to continue discussions with business owners and residents. Upon roll call, motion failed. Trustee Price’s phone connection for the meeting was lost prior to the motion and he rejoined the meeting at 8:31 pm.

AYES: Trustee Wilbrandt NAYS: Trustees Kembitzky, Hanley, Yuscka, Pflanz

Further discussion took place with Trustee Hanley expressing concerns about the information sheet that was put at the residents’ doors and likes the idea of looking for other ways of funding the project.

Trustee Yuscka said that the downtown businesses are unique to other businesses in town because of the services provided by the Village to the downtown businesses including sidewalk and parking lot snow removal, upkeep of the planter boxes, pavers, parking, etc.

Trustee Pflanz said that when he was running for election, residents asked him what is going to happen to the downtown. He said it is not our goal to mimic other communities and that the funding has to come from somewhere. He said we can evaluate other options and identify other mechanisms.

Trustee Price said the reality is if we spread the burden, all taxes go up and that he is favor of the motion on the floor from Trustee Kembitzky and to look for other funding mechanisms.

President Nelson said the redevelopment is vital for the future of the downtown area, but he also heard the opinions of those in attendance for looking for ways to seek other alternatives. He asked to table this item until the second meeting date in October to better articulate the plan.

MOTION: Moved by Trustee Wilbrandt to table the issue until the second meeting date in October. The motion failed for lack of a second.

The original motion by Trustee Kembitzky was reiterated and voted upon.

MOTION: Moved by Trustee Kembitzky and seconded by Trustee Yuscka to adopt an Ordinance Establishing Special Service Area Number 7.0 in the Village of West Dundee, Kane County, Illinois and to levy an amount of $0.40 as a tax liability for SSA 7.0 in the December 2016 tax levy discussion for tax year 2015, thereafter not to exceed the rate of $0.80. Upon roll call, motion was approved 5-1.

AYES: Trustee Kembitzky, Price, Hanley, Yuscka and Pflanz NAYS: Trustee Wilbrandt

President Nelson said the discussion does not end tonight as discussion on the levy amount will continue.

XI. NEW BUSINESS:

A. FY2016/17 1st Quarter Financial Report

Trustee Kembitzky asked Finance Director Danielson to speak to this item.

Director Danielson said that it is too early in the fiscal year to make firm judgements, but that the Village is on target for the first three (3) months. He said that the audit was completed the second week of August and after his review and completion of the transmittal and statistical sections, he anticipates having the final report submitted to the Village Board at the October 10, 2016 Board Meeting.

Director Danielson gave a brief review of the revenues and expenditures for the first quarter concluding that the Village’s fiscal health remains stable and that careful monitoring of expenses continues to be of paramount importance for all Departments.

B. Authorization to Solicit Proposals for Purchases of Trees-2016 Parkway Tree Replacement Program

Trustee Yuscka said that the first phase of the program involves the purchase of Parkway Trees to replace those which have been removed due to Emerald Ash Borer.

Director Babcock said that we are turning the corner on the Emerald Ash Borer. He said they have removed 153 trees and is anticipated that 153 new trees can be planted as part of this year’s program.

He added that the program will be using a two phase approach to separate the purchase of the trees from the contractual planting services. He noted that the authorization request is strictly for the solicitation of proposals and will not incur expenditure of funds.

MOTION: Moved by Trustee Yuscka and seconded by Trustee Pflanz to authorize Public Works staff to solicit proposals for the purchase of trees to support the 2016 Parkway Tree Replacement Program. Upon roll call, motion was approved.

AYES: Trustees Yuscka, Pflanz, Wilbrandt, Kembitzky, Price and Hanley NAYS: None

C. Authorization to Solicit Proposals for Contractual Tree Planting Services 2016 Parkway Tree Replacement Program

Trustee Yuscka said this request is to solicit proposals for the planting of each tree purchased by the Village. He noted that this is only for solicitation of proposals and no funds will be expended.

MOTION: Moved by Trustee Yuscka and seconded by Trustee Kembitzky to authorize Public Works staff to solicit proposals for contractual tree planting services to support the 2016 Parkway Tree Replacement Program. Upon roll call, motion was approved.

AYES: Trustees Yuscka, Pflanz, Wilbrandt, Kembitzky, Price and Hanley NAYS: None

XII. MISCELLANEOUS:

Trustee Hanley asked to have a Committee of the Whole meeting scheduled to discuss the Open Meetings Act and to discuss alternative funding.

Manager Cavallaro said he would put together a staff memo on the Open Meetings Act.

XIII. ITEMS FOR FUTURE AGENDAS:

A. Discussion of alternative funding for downtown improvements

XIV. ADJOURNMENT:

MOTION: Moved by Trustee Kembitzky and seconded by Trustee Pflanz to adjourn the Regular Board Meeting. Motion was approved by voice vote.

The Regular Board Meeting adjourned at 9:14 pm.

ATTEST:

______Barbara Traver Christopher Nelson Village Clerk Village President

EXECUTIVE SESSION: Monday, June 6, 2016 Village Hall, 102 S. Second Street Village of West Dundee

President Nelson called the Executive Session to order at 8:19 pm for the purpose of discussing Collective Bargaining pursuant to Section 2(c) (5) of the Open Meetings Act.

Present were Village President Nelson, Trustees Pflanz, Wilbrandt, Kembitzky, Price and Yuscka. Trustee Hanley was absent.

Also present were Village Manager Cavallaro, Village Attorney Brechin, Finance Director Danielson, Chief Wieteska and Director Scott.

Discussion was held regarding the collective bargaining process with the West Dundee MAP union chapter.

MOTION: Moved by Trustee Pflanz and seconded by Trustee Price to adjourn the Executive Session. Upon roll call, motion was approved.

AYES: Trustee Pflanz, Wilbrandt, Kembitzky, Price and Yuscka NAYS: None ABSENT: Trustee Hanley

The Executive Session adjourned at 8:43 pm.

ATTEST:

______Barbara Traver Christopher Nelson Village Clerk Village President westoun9ee

TO: Village President Nelson and Board of Trustees FROM: Timothy J. Scott, AICP, CNU-A- Community Development Director()~ DATE: September 12, 2016 · SUBJECT: Consideration of an Ordinance Approving the Final Planned Development and the Final Plat of Subdivision for Property Commonly Known as Gardner Capital's Spring Hill Senior Residences

INTRODUCTION

The Village's Planning and Zoning Commission held its regular meeting on August 29, 2016 to review a petition submitted by Gardner Capital Development Illinois, Inc., representing West Dundee Senior Residences, LP, that requested approval of their Final Planned Development and Final Plat of Subdivision in order to construct an 85- unit senior housing project in the Village.

At the conclusion of the public hearing, the Planning and Zoning Commission voted unanimously (7-0) to recommend approval of the Final Planned Development and the Final Plat of Subdivision for the Spring Hill Senior Residences development.

BACKGROUND AND TIMELINE

At the August 1, 2016 meeting of the Planning and Zoning Commission, the petitioner presented preliminary plans requesting: (1) a Special Use for Senior Housing; (2) a Special Use for a Preliminary Planned Development; (3) Zoning Variations (for landscape buffer, unit density, and number of parking spaces); (4) Rezoning from P - Parks District to 8-2 Planned Development District; and, (5) Preliminary Plat of Subdivision. At the conclusion of the meeting, the Commission unanimously recommended approval of all requests as presented.

At the meeting of August 8, 2016, the Village Board considered the recommendation of the Planning and Zoning Commission and unanimously approved the petitioner's requests listed above.

1 APPEARANCE REVIEW COMMISSION CONSIDERATION AND INPUT

On August 9, 2016, members of the Appearance Review Commission (ARC) considered the elements of the preliminary plan within their purview. The petitioner's team presented their designs for the contemporary building and green site, which followed in spirit the concept plans that were presented to the Village at the outset of the project.

At the conclusion of their deliberations, the ARC approved the site plan, landscape/lighting plan, and building design/elevations with: (1) a different color palette ("Azurite") than originally presented ("Topaz"); (2) simplified application of color in the inset areas of the elevations (which are intended to de-mass or break up the elevations into modules); and, (3) an increased projection on the parapet copings of the building's modules.

Since the monument signage as presented was considered an initial concept, the ARC provided input on the design and then tabled the item. As a result, the revised signage plan will be considered by the ARC at their September 13, 2016 meeting.

FINAL PLANNED DEVELOPMENT OVERVIEW

Attached please find exhibits submitted by the petitioner requesting approval of the Final Planned Development and Plat of Subdivision. The drawings reflect the aforementioned building changes requested by the ARC. Although signage has also been revised, its consideration will take place at the next ARC meeting as noted above. Beyond ARC-requested modifications/refinements, no other substantive changes have been made since the Planning and Zoning Commission-approved preliminary plan.

FINAL PLAN'S CONFORMANCE

In summary, the final development plan as submitted appears to reflect, and be in substantial conformance with, the approved preliminary development plan.

PLANNING AND ZONING COMMISSION - FINAL PLAN

The Planning and Zoning Commission held its regular meeting on August 29, 2016. The applicants were in attendance, and no one present in the audience objected to the requests.

During the meeting, the petitioners explained that there were no major changes to the proposal other than those requested by the ARC. Also mentioned was the need to reroute the pre-existing utility easement as the current layout, which had been designed to support a conventional commercial/retail building reflective of those to the west (in Target and ), conflicted with the proposed residential development.

A brief discussion on the proposed parking lot lighting also took place; Commissioners were comfortable with the petitioner's reply that lighting for the site was designed with a green approach intended to minimize light trespass/spillage.

2 With the developer's ownership of the vacant land south of the proposed building (within its re-subdivided property), Commissioners inquired about future plans. The petitioner explained that while the development would be a second phase of senior housing, the form, density, and layout had not yet been determined, noting that the product type pursued would be dependent on market conditions. The two potential scenarios offered were a second phase of the current plan and then a townhome-like plan ("villas"). For the former, siting the building to the back of the site would capitalize on proximity to the neighboring park space and create a courtyard effect with its shared internal parking.

With the petitioner's presentation complete and its questions answered, the Planning and Zoning Commission recommended approval the Final Planned Development and the Final Plat of Subdivision.

RECOMMENDATION

If members of the Village Board concur with the Planning and Zoning Commission's recommendation for approval of the items requested by Gardner Capital Development to construct its 85 units of independent, affordable senior housing, the following motion would be appropriate.

MOTION: To Approve an Ordinance Granting Approval of the Final Planned Development and the Final Plat of Subdivision for Property Commonly Known as Gardner Capital's Spring Hill Senior Residences, Subject to the Following Conditions:

1. Compliance with documents submitted with the Planning and Zoning Application;

2. Compliance with the Site Improvement Plans dated August 15, 2016 prepared by SPACECO, Inc.; and,

3. Compliance with all other applicable Village codes and ordinances.

If you have any questions or comments, please contact me by phone at (847) 551-3806 or via e-mail at [email protected]. Thank you.

Attachments (7):

Ordinance 16- A- 08-01-2016 Planning and Zoning Commission - Public Hearing Memo B - 08-08-2016 Village Board - Memo C - 08-09-2016 ARC - Memo D - 09-29-2016 Planning and Zoning Commission - Final PD Memo E - Spring Hill Senior Residences Drawing Set, dated 08-15-2016 F- Site Improvement Plans, dated 08-15-2016 cc: Joseph A. Cavallaro - Village Manager

3 ORDINANCE 16-

AN ORDINANCE GRANTING APPROVAL OF THE FINAL DEVELOPMENT PLAN AND THE FINAL PLAT OF SUBDIVISION FOR PROPERTY COMMONLY KNOWN AS GARDNER CAPITAL'S SPRING HILL SENIOR RESIDENCES

WHEREAS, The Village of West Dundee, Kane County, Illinois, is a home rnle municipality as contemplated under Alticle VII, Section 6 of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the Village's home rnle powers and functions as granted in the Constitution of the State of Illinois; and

WHEREAS, The Village of West Dundee has received a petition from Gardner Capital Development Illinois, Inc., representing West Dundee Senior Residences, LP - requesting approval of a Final Planned Development and a Final Plat of Subdivision for the purpose of constructing an 85-unit senior housing project in the Village of West Dundee; and

WHEREAS, the subject site is legally described as:

PARCEL A

THAT PART OF LOT 2 IN SPRING HILL PLAZA SUBDIVISION, BEING A SUBDIVISION OF A PART OF THE SOUTHWEST QUARTER OF SECTION 22 AND A PART OF THE NORTHWEST QUARTER OF SECTION 27, ALL IN TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 7, 1993, AS DOCUMENT 93K098062, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 13 MINUTES 32 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 2 (ALSO BEING THE WEST RIGHT-OF-WAY LINE OF VILLAGE QUARTER ROAD, HAVING A 66.00 FEET RIGHT-OF-WAY), 427.06 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 28 SECONDS WEST 515.29 FEET TO THE SOUTHERI"Y EXTENSION OF A WEST LINE OF SAID LOT 2; THENCE NORTH 00 DEGREES 45 MINUTES 56 SECONDS EAST ALONG SAID SOUTHERLY EXTENSION AND WEST LINE 283.63 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 05 SECONDS EAST 31.50 FEET; THENCE NORTH 00 DEGREES 45 MINUTES 56 SECONDS EAST 172.89 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; (THE NEXT 2 COURSES ARE ALONG THE NORTH LINE OF SAID LOT 2) THENCE SOUTH 82 DEGREES 02 MINUTES 27 SECONDS EAST 204.58 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 01 SECOND EAST 273.41 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.

PARCELB

THAT PART OF LOT 2 IN SPRING HILL PLAZA SUBDIVISION, BEING A SUBDIVISION OF A PART OF THE SOUTHWEST QUARTER OF SECTION 22 AND A PART OF THE NORTHWEST QUARTER OF SECTION 27, ALL IN TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 7, 1993, AS DOCUMENT 93K098062, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 13 MINUTES 32 SECONDS EAST 427.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 13 MINUTES 32 SECONDS EAST ALONG SAID EAST LINE 184.58 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 57 DEGREES 51 MINUTES 24 SECONDS WEST ALONG THE SOUTHEASTERI"Y LINE OF SAID LOT 2 A DISTANCE OF 209.67 FEET; THENCE NORTH 89 DEGREES 07 MINUTES 33 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 2 A DISTANCE OF 541.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 00 DEGREES 46 MINUTES 45 SECONDS EAST ALONG A WEST LINE OF SAID LOT 2 A DISTANCE OF 385.41 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89 DEGREES 14 MINUTES 04 SECONDS EAST ALONG A NORTH LINE OF SAID LOT 2 A DISTANCE OF 198.53 FEET; THENCE SOUTH 00 DEGREES 45 MINUTES 56 SECONDS WEST 96.88 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 28 SECONDS EAST 515.29 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.

WHEREAS, on August 29, 2016, the West Dundee Planning and Zoning Commission reviewed the proposed Final Planned Development and Final Plat of Subdivision and find them to be in conformance with the approved preliminaiy plans; and

WFIEREAS, the Village Board has considered the findings of fact, based upon the evidence presented at the public hearing and presented to the West Dundee Planning and Zoning Commission by the petitioner.

NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES, VILLAGE OF WEST DUNDEE, KANE COUNTY, ILLINOIS, as follows:

Section 1: That approval of the Final Planned Development and Final Plat of Subdivision is hereby granted; and

Section 6: The recommendation of the West Dundee Planning and Zoning Commission on the question of granting approval of a Final Plaimed Development and a Final Plat of Subdivision for the Subject Property is hereby accepted and the approval is granted subject to the following conditions:

1. Compliance with documents submitted with the Planning and Zoning Application;

2. Compliance with the Site Improvement Plans dated August 15, 2016 prepared by SPACECO, Inc.;

3. Compliance with all other applicable Village codes and ordinances.

Section 7: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect.

Section 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Section 9: That this Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet fmm which publication is hereby authorized as provided by law.

AYES: NAYS: ABSENT:

ATTEST:

Barbara Traver Christopher Nelson Village Clerk Village President

Passed: Approved: Published:

Prepared by: Village of West Dundee Community Development Department 100 CaITington Drive West Dundee, IL 60118 Attachment A

TO: Chairman Susanke and Members of the Planning and Zoning Commission FROM: Timothy J. Scott, AICP, GNU-A- Community Development Director DATE: August 1, 2016 SUBJECT: Public Hearing - Consideration of Petition 16-02: Gardner Capital West Dundee Senior Residences - a Special Use for Senior Housing, a Special Use for a Preliminary Planned Development, Zoning Variations (landscape buffer, unit density, number of parking spaces), Rezoning from P - Parks District to B-2 Planned Development District, and Preliminary Plat of Subdivision

INTRODUCTION

The petitioner - Gardner Capital Development Illinois, Inc., representing West Dundee Senior Residences, LP - is requesting: (1) a Special Use for Senior Housing; (2) a Special Use for a Preliminary Planned Development; (3) Zoning Variations (for landscape buffer, unit density, and number of parking spaces); (4) Rezoning from P - Parks District to B-2 Planned Development District; and, (5) Preliminary Plat of Subdivision for the purpose of construction of an 85-unit senior housing project in the Village of West Dundee.

LOCATION AND UNDERLYING ZONING

The subject property is located near the intersection of Village Quarter Road and Main Street (Route 72). It is a vacant lot to the southeast of the former Best-Buy and Target stores. The site is zoned predominantly as B-2 Regional Business District with a small portion zoned P - Parks District.

BACKGROUND AND TIMELINE

This proposed development concept was first presented to the Village Board of Trustees in March 2015. At that time, the developer was seeking necessary letters of support from the Village to continue the funding application process with the Illinois Housing Development Authority.

Passed was a motion that authorized Village staff to submit letters of acknowledgement regarding the proposed conceptual senior housing development as required for a request of State funding assistance. The Village Board also recommended that the concept plan be referred o the Planning and Zoning Commission for its review and consideration.

PROPOSED REDEVELOPMENT PLAN Gardner Development, in partnership with the Elgin Housing Authority, is proposing an independent senior housing development of 85 rental units including 41 one-bedroom at 740 square feet and 44 two-bedroom at 900 square feet.

All apartments will have a full kitchen and bath as well as senior-oriented design features including wider dimensions for ease-of-movement, emergency notification systems, and accessible kitchen cabinets. Succinctly, every apartment unit will reportedly meet or exceed the standards of the Americans with Disabilities Act (ADA).

Ten percent (10%) of the apartments will be set aside for seniors at or below 30% of average median income (AMI), which would be considered very low income as explained in the developer's narrative. Rents for all of the apartments will be structured so as not to exceed more than 30% of a resident's income.

The proposed four-story, 48'-2"-high building features durable materials (brick and fiber cement) and the proposed site features an environmentally-friendly landscape and hardscape (native plants and permeable pavers, respectively).

Most of the building's common spaces will be concentrated near the main entrance and furnished lobby. Specialty rooms for television, community gathering, and exercise will be provided. In addition, each floor will have a washer/dryer room with the main laundry on the first floor. All exits will be key-carded and video-monitored.

Several walkways make the site accessible and connect the project to the park just south. Residents will also have access to a fire pit, grilling area, and individual garden/flower pots and planters.

As of this writing, building materials and their colors remain a work-in-progress. The proposed exterior appearance and site plan will be considered at the August 9th meeting of the Appearance Review Commission.

VILLAGE'S COMPREHENSIVE PLAN AND CMAP

The Village's Comprehensive Plan encourages new residential development in the Spring Hill Mall area and senior housing.

2014's "Homes for a Changing Region" by the Metropolitan Agency for Planning (CMAP) focused on residential in the neighboring communities of East Dundee, West Dundee, Carpentersville, and Elgin. In order to forecast future housing needs, the report analyzed existing housing stock, available land, population trends and other demographic factors. The report found that one of West Dundee's largest projected demands will be for multi-unit development including those serving senior citizens.

The petitioners' proposed multi-unit senior housing rental community reflects the goals of the Village's Comprehensive Plan and aligns with the future housing needs forecast of the CMAP regional housing study.

SPECIAL USES FOR SENIOR HOUSING AND PLANNED DEVELOPMENT

SENIOR HOUSING Since senior housing facilities are categorized as a special use in all business districts within the Village, the petitioners are requesting a special use to allow for senior citizen housing on the subject property.

PLANNED DEVELOPMENT

As noted above, the proposed project is located in the B-2 Regional Business District, and the petitioner is seeking a Special Use for a Planned Development. In general, the proposal adheres to code requirements and allowable deviations under a planned development, with exceptions being the width of a landscape buffer, unit density, and number of parking spaces.

Given their often unique characteristics, a planned development is classified as a special use. It should be noted that a Special Use for a Planned Development allows for potential relief from zoning requirements in exchange for a noteworthy public benefit or creative design that might otherwise not be possible with strict adherence to underlying district regulations.

Designed holistically, reviewed flexibly, and considered carefully, planned developments are requested and utilized by both developer and municipality to achieve more enlightened design and higher-quality environments that provide amenities, including but certainly not limited to public or open space.

PLANNED DEVELOPMENT STANDARDS AND VARIATIONS

As noted, a planned development allows for flexibility and certain deviations from the Zoning Ordinance. While the proposed building's height exceeds the code, the request is within the deviation allowed for a planned development. However, any deviations over and above those permitted by the planned development section require separate zoning variations. As such, the petitioner is seeking variations for landscape buffer width, unit density, and number of parking spaces.

Height

Maximum allowable building height in the B-2 district is 40' or three stories, whichever is less. A planned development allows up to a 25%- or ten foot-deviation in building height up to a maximum height of 50'. The height of the proposed building is shown as 48'-2". While this exceeds bulk regulations, it is nonetheless within the range permitted with a planned development. Thus, as long as the height of the proposed building does not exceed 50', a zoning variation will not be required.

Landscape Buffer

Section 1 0-8-5-D of the Municipal Code requires a landscaped buffer area of not less than 35' in width when residential land use abuts commercial. The area west of the proposed building facing the former Best-Buy store shows a 20' landscaped buffer between the building and the drive aisle of the parking lot. With that, the petitioners are requesting a variation to reduce the required landscaped buffer area to twenty feet (20').

Density

While Section 10-8-5-E shows a maximum density of 10 dwelling units per acre (10 DUs/Acre), the number may be increased to 13 DUs/Acre when the development provides amenities or offers excellence in design. Eight-five (85) DUs/Acre on 4.98 acres produces 17 DUs/Acre. As a result, the petitioners are requesting relief from the allowable unit density to accommodate a more dense development of 17 DUs/Acre.

Parking

The proposed parking supply is 117 spaces. It should be noted that the Municipal Code does not specifically provide parking standards for senior rental housing. Following regulations for multi-family development, a total of 206 parking spaces would be required, while applying regulations for nursing homes (one space per three beds), 43 spaces would be required. Since the proposed site would have a smaller parking supply than that required of multi-family development, the petitioners are requesting a variation to reduce the number of parking spaces to be provided by 89 spaces.

Other senior proposals, such as Union School Apartments and Bright Oaks, have previously been granted relief from the required number of parking spaces since the regulations often exceed typical development standards for senior housing due to reduced auto usage and traffic generated this demographic.

SPECIAL USE STANDARDS FOR A PLANNED DEVELOPMENT AND SENIOR HOUSING

That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

The establishment, maintenance or operation of this development will not be detrimental to or endanger the public. The development plan reflects long-range community planning goals and objectives and addresses forecast housing needs.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes neither already permitted nor substantially diminish property values within the neighborhood.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity. The project is intended to have a positive impact on the surrounding neighborhood; the site's design and landscape further separate it from adjacent uses.

The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

Development of this property would reflect the Village's Comprehensive Plan and begin to meet multi-family housing need as forecasted by CMAP. Planning objectives include the provision of additional housing choices to meet evolving demographics and the bolstering of local economic activity.

Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

Underground and surface infrastructure plans are being reviewed by the Village's consulting engineer. Adequate measures have been or will be taken to provide ingress and egress to design as to minimize traffic congestion in the public streets.

With the typically lower automobile use associated with such a development, the traffic that will be generated is unlikely to create burdensome congestion. With respect to traffic generation, the proposed use is less intensive than the commercial one originally envisioned for the site (additional large retail).

The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village president and board of trustees.

The proposed development would be controlled by an ordinance granting special uses for a Planned Development and Senior Housing, B-2 District regulations, and approved plans for building and site. Any deviations from the approved documents would require resubmission and a new public hearing.

VARIATION STANDARDS FOR LANDSCAPE BUFFER. UNIT DENSITY. AND NUMBER OF PARKING SPACES

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district.

While the property could potentially be developed to meet buffer, density, and parking space standards, the proposal has been designed to meet a specific program and to do so in low­ impact manner.

That the plight of the owner was not created by the owner and is due to unique circumstances.

The plight of the owner was not necessarily created by the owner but is due to circumstances related to a different land use than was originally contemplated. The proposal reflects community planning objectives.

That the variation, if granted, will not alter the essential character of the locality.

The resultant development would not negatively effect the essential character of the locality but rather complement and enhance it. Development is intended to be in context with the surrounding area.

The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the regulations were strictly enforced.

The proposal has been designed in a manner that aims to balance program with sensitivity to site.

The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification. The conditions upon which the petition for variation is based could potentially be applicable to other property owners. However, relief is being requested from certain provisions due to its specific development program.

The alleged difficulty or hardship has not been created by any person presently having an interest in the property or any person through whom the applicant claims title.

The petitioner's program is borne out of experience developing similar facilities.

The granting of the variation will not be substantially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is localed.

The granting of the variation will not be substantially detrimental to the public welfare or other property. The subject site is currently vacant; if approved, the development will bring investment and compatible developnent to the area.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safely, or substantially diminish or impair property values within the neighborhood.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or otherwise endanger the public safety, or impair property values within the neighborhood.

REZONING AND RESUBDIVISION

The subject site is approximately 9.7 acres in size. While the majority is zoned B-2 Regional Business District, a portion along the southern lot line is zoned P- Parks District.

The petitioners are requesting resubdivision of the site into two parcels. Parcel A would contain approximately 4.98 acres and would see the 85-unit senior housing development as proposed. Parcel B, located just to the south, would contain approximately 4.72 acres. The developer intends on developing additional senior housing as demand warrants.

The petitioners are seeking a map amendment to bring zone the entire site B-2 Regional Business District. If the requested Special Use for a Planned Development is approved, the site would be designated as B-2 POD - Regional Business Planned Development District.

RECOMMENDATION AND FINDINGS OF FACT

Recommended is approval of: (1) a Special Use for Senior Housing; (2) a Special Use for a Preliminary Planned Development; (3) Zoning Variations for landscape buffer, unit density, number of parking spaces; (4) Rezoning from P - Parks District to B-2 Planned Development District; and, (5) a Preliminary Plat of Subdivision based on the following findings:

Findings of Fact

Gardner Capital proposes a planned development for senior rental housing. The Village's Comprehensive Plan encourages development of new residential in the Spring Hill Mall sub-area and senior housing. The CMAP regional housing study found that one of the largest projected future demands for West Dundee will be for multi-unit developments serving seniors. The proposed development plan conforms with long­ range community planning goals and helps to address projected housing needs.

The commercially-zoned subject site is located off of Route 72 near Spring Hill Mall. In addition to providing housing choice for the community, such compatible residential development in the area would help generate additional local economic activity.

Requiring a special use permit, a planned development offers flexibility with respect to underlying zoning district regulations in exchange for a public benefit. The proposed development reflects the spirit and intent of a planned development by providing building and site amenities and by offering housing choice to an underserved market.

The proposal adheres to the standards for a planned development with exceptions being landscape buffer width, unit density, and number of parking spaces. A planned development may deviate from standards based on particular circumstances to the extent deemed reasonable by the Village. Any deviations over and above those permitted by the planned development section require separate zoning variations.

The establishment and operation of special uses for a planned development and senior housing as proposed will not be detrimental to or endanger the public health, safety, or general welfare.

If a motion for approval of a Special Use for Senior Housing, a Special Use for a Preliminary Planned Development, Zoning Variations for landscape buffer, unit density, number of parking spaces, Rezoning from P - Parks District to B-2 Planned Development District, and a Preliminary Plat of Subdivision were supported and made, recommended are the following conditions:

Compliance with documents including site plan as submitted with the Planning and Zoning Application;

Review and approval of engineering plans; and,

Compliance with all other applicable Village codes and ordinances. Attachment B

westoun9ee

TO: Village President Nelson and Board of Trustees FROM: Timothy J. Scott, AICP, CNU-A- Community Development Director DATE: August 8, 2016 SUBJECT: Consideration of an Ordinance Rezoning from P - Parks District to B-2 Planned Development District, Approving a Preliminary Plat of Subdivision, Granting a Special Use for Senior Housing and a Special Use for a Preliminary Planned Development, and Approving Zoning Variations for Landscape Buffer, Unit Density, and Number of Parking Spaces for Property Commonly Known as Gardner Capital's Spring Hill Senior Residences

INTRODUCTION

The Village's Planning and Zoning Commission conducted a public hearing on August 1, 2016 to review a petition signed Gardner Capital Development Illinois, Inc., representing West Dundee Senior Residences, LP - for the purpose of requesting: a Special Use for Senior Housing; a Special Use for a Preliminary Planned Development; Zoning Variations (for landscape buffer, unit density, and number of parking spaces); (4) Rezoning from P - Parks District to B-2 Planned Development District; and, (5) a Preliminary Plat of Subdivision in order to construct an 85-unit senior housing project in the Village. At the conclusion of the public hearing, the Planning and Zoning Commission voted unanimously (4-0) to recommend approval of the multi-component request.

BACKGROUND

Location and Underlying Zoning

The subject property is located near the intersection of Village Quarter Road and Main Street (Route 72). It is a vacant lot southeast of the big box buildings formerly occupied by Best Buy and Target stores (with the latter now occupied by LifeZone 360). The subject property is zoned predominantly as B-2 Regional Business District with a small portion zoned P - Parks District.

1 Background and Timeline

The proposed senior housing development concept was first presented to the Village Board of Trustees in March 2015. At that time, the developer was seeking the necessary letters of support from the Village in order to continue the funding application process with the Illinois Housing Development Authority.

Passed by the Board was a motion that authorized Village staff to submit letters of acknowledgement regarding the proposed conceptual senior housing development as required for a request of State funding. Also at that time, the Village Board also recommended that the concept plan be referred to the Planning and Zoning Commission for its review and consideration.

Proposed Redevelopment Plan

In partnership with the Elgin Housing Authority, Gardner Development is proposing an independent senior housing building that will include 85 rental units, with 41 one­ bedroom apartments (at 740 square feet) and 44 two-bedroom apartments (at 900 square feet).

All apartments will have a full kitchen and bath as well as senior-oriented design features including wider dimensions for ease-of-movement, emergency notification systems, and accessible kitchen cabinets. Succinctly, every apartment will reportedly meet or exceed the standards of the Americans with Disabilities Act (ADA).

Ten percent (10%) of the apartments will be set aside for seniors at or below 30% of average median income (AMI), which would be considered very low income as explained in the developer's narrative. Rents for all of the apartments will be structured so as not to exceed more than 30% of a resident's income.

The proposed four-story, 48'-2"-high building features durable materials (brick and fiber cement) and the proposed site features an environmentally-friendly landscape and hardscape (native plants and permeable pavers, respectively).

Most of the building's common spaces will be concentrated near the main entrance and furnished lobby. Specialty rooms for television, community gathering, and exercise will be provided. In addition, each floor will have a washer/dryer room with the main laundry on the first floor. All exits will be key-carded and video-monitored.

Several walkways make the site accessible and connect the project to the park just south. Residents will also have access to a fire pit, grilling area, and individual garden/flower pots and planters.

As of this writing, building materials and their colors remain a work-in-progress. The proposed exterior appearance and site plan will be considered at the August 9th meeting of the Appearance Review Commission.

Village's Comprehensive Plan and CMAP

2 The Village's Comprehensive Plan encourages new residential development in the Spring Hill Mall area and senior housing.

2014's "Homes for a Changing Region" by the Chicago Metropolitan Agency for Planning (CMAP) focused on residential in the neighboring communities of East Dundee, West Dundee, Carpentersville, and Elgin. In order to forecast future housing needs, the report analyzed existing housing stock, available land, population trends and other demographic factors. The report found that one of West Dundee's largest projected demands will be for multi-unit development including those serving senior citizens.

The petitioner's proposed multi-unit senior housing rental community reflects the goals of the Village's Comprehensive Plan and aligns with the future housing needs forecast of the CMAP regional housing study.

Planned Development Standards and Variations

A planned development allows for flexibility and certain deviations from the Zoning Ordinance. While the proposed building's height exceeds the code, the request is within the deviation allowed for a planned development. However, any deviations over and above those permitted by the planned development section require separate zoning variations. As such, the petitioner is seeking variations for landscape buffer width, unit density, and number of parking spaces.

Height Maximum allowable building height in the B-2 district is 40' or three stories, whichever is less. A planned development allows up to a 25%- or ten foot-deviation in building height up to a maximum height of 50'. The height of the proposed building is shown as 48'-2". While this exceeds bulk regulations, it is nonetheless within the range permitted with a planned development. Thus, as long as the height of the proposed building does not exceed 50', a zoning variation will not be required.

Landscape Buffer Section 10-8-5-D of the Municipal Code requires a landscaped buffer area of not less than 35' in width when residential land use abuts commercial. The area west of the proposed building facing the former Best-Buy store shows a 20' landscaped buffer between the building and the drive aisle of the parking lot. With that, the petitioners are requesting a variation to reduce the required landscaped buffer area to twenty feet (20').

Densitv While Section 10-8-5-E shows a maximum density of 1O dwelling units per acre (10 DUs/Acre), the number may be increased to 13 DUs/Acre when the development provides amenities or offers excellence in design. Eight-five (85) DUs/Acre on 4.98 acres produces 17 DUs/Acre. As a result, the petitioners are requesting relief from the allowable unit density to accommodate a more dense development of 17 DUs/Acre.

Parking

3 The proposed parking supply is 117 spaces. It should be noted that the Municipal Code does not specifically provide parking standards for senior rental housing. Following regulations for multi-family development, a total of 206 parking spaces would be required, while applying regulations for nursing homes (one space per three beds), 43 spaces would be required. Since the proposed site would have a smaller parking supply than that required of multi-family development, the petitioners are requesting a variation to reduce the number of parking spaces to be provided by 89 spaces.

Other senior proposals, such as Union School Apartments and Bright Oaks, have previously been granted relief from the required number of parking spaces since the regulations often exceed typical development standards for senior housing due to reduced auto usage and traffic generated this demographic.

Special Use Standards for a Planned Development and Senior Housing

1. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

The establishment, maintenance or operation of this development will not be detrimental to or endanger the public. The development plan reflects long-range community planning goals and objectives and addresses forecasted housing needs.

2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes neither already permitted nor substantially diminish property values within the neighborhood.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity. The project is intended to have a positive impact on the surrounding neighborhood; the site's design and landscape further separate it from adjacent uses, and the building's senior residents will have access to nearby amenities.

3. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

Development of this property would reflect the Village's Comprehensive Plan and begin to meet multi-family housing need as forecasted by CMAP. Planning objectives include providing additional housing choices to meet evolving demographics and potential bolstering of local economic activity.

4. Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

Underground and surface infrastructure plans are being reviewed by the Village's consulting engineer.

4 5. Adequate measures have been or will be taken to provide ingress and egress to design as to minimize traffic congestion in the public streets.

With the typically lower automobile use associated with such a development, the traffic that will be generated is unlikely to create burdensome congestion. With respect to traffic generation, the proposed use is less intensive than the commercial one originally envisioned for the site (additional large retail).

6. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village president and board of trustees.

The proposed development would be controlled by an ordinance granting special uses for a Planned Development and Senior Housing, B-2 District regulations, and approved plans for building and site. Any deviations from the approved documents would require resubmission and a new public hearing.

Variation Standards for Landscape Buffer, Unit Density, and Number of Parking Spaces

1. That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district.

While the property could potentially be developed to meet buffer, density, and parking space standards, the proposal has been designed to meet a specific program and to do so in low-impact manner.

2. That the plight of the owner was not created by the owner and is due to unique circumstances.

The plight of the owner was not necessarily created by the owner but is due to circumstances related to a different land use than was originally contemplated. The proposal reflects community planning objectives.

3. That the variation, if granted, will not alter the essential character of the locality.

The resultant development would not negatively affect the essential character of the locality but rather complement and enhance ii. Development is intended lo be in context with the surrounding area.

4. The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the regulations were strictly enforced.

The proposal has been designed in a manner that aims lo balance program with sensitivity to site.

5. The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification.

5 The conditions upon which the petition for variation is based could potentially be applicable to other property owners. However, relief is being requested from certain provisions due to its specific development program.

6. The alleged difficulty or hardship has not been created by any person presently having an interest in the property or any person through whom the applicant claims title.

The petitioner's program is borne out of experience developing similar facilities.

7. The granting of the variation will not be substantially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

The granting of the variation will not be substantially detrimental to the public welfare or other property. The subject site is currently vacant; if approved, the development will bring investment and compatible development to the area.

8. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or otherwise endanger the public safety, or impair property values within the neighborhood.

Rezoning and Resubdivision

The subject site is approximately 9.7 acres in size. While the majority is zoned B-2 Regional Business District, a portion along the southern lot line is zoned P - Parks District.

The petitioners are requesting resubdivision of the site into two parcels. Parcel A would contain approximately 4.98 acres and would see the 85-unit senior housing development as proposed. Parcel B, located just to the south, would contain approximately 4.72 acres. The developer intends on developing additional senior housing as demand warrants.

The petitioners are seeking a map amendment to rezone the entire site to B-2 Regional Business District. If the requested Special Use for a Planned Development is approved, the site would be designated as B-2 POD - Regional Business Planned Development District.

PLANNING AND ZONING COMMISSION'S RECOMMENDATION AND FINDINGS OF FACT

6 The Planning and Zoning Commission held a public hearing on August 1, 2016. The applicants were in attendance, and no one present in the audience objected the requests. At the conclusion of the public hearing, the Planning and Zoning Commission recommended approval of: (1) Rezoning from P - Parks District to B-2 Planned Development District; (2) a Preliminary Plat of Subdivision; (3) a Special Use for Senior Housing and a Special Use for a Preliminary Planned Development; and, (4) Zoning Variations for landscape buffer, unit density, number of parking spaces and made the following findings of fact.

Findings of Fact

1. Gardner Capital proposes a planned development for senior rental housing. The Village's Comprehensive Plan encourages development of new residential in the Spring Hill Mall sub-area and senior housing. The CMAP regional housing study found that one of the largest projected future demands for West Dundee will be for multi-unit developments serving seniors. The proposed development plan conforms with long-range community planning goals and helps to address projected housing needs.

2. The commercially-zoned subject site is located off of Route 72 near Spring Hill Mall. In addition to providing housing choice for the community, such compatible residential development in the area would help generate additional local economic activity.

3. Requiring a special use permit, a planned development offers flexibility with respect to underlying zoning district regulations in exchange for a public benefit. The proposed development reflects the spirit and intent of a planned development by providing building and site amenities and by offering housing choice to an underserved market.

4. The proposal adheres to the standards for a planned development with exceptions being landscape buffer width, unit density, and number of parking spaces. A planned development may deviate from standards based on particular circumstances to the extent deemed reasonable by the Village. Any deviations over and above those permitted by the planned development section require separate zoning variations.

5. The establishment and operation of special uses for a planned development and senior housing as proposed will not be detrimental to or endanger the public health, safety, or general welfare.

As noted, at the close of the public hearing a motion was made to recommend approval of: (1) Rezoning from P - Parks District to B-2 Planned Development District; (2) a Preliminary Plat of Subdivision; (3) a Special Use for Senior Housing and a Special Use for a Preliminary Planned Development; and, (4) Zoning Variations for landscape buffer, unit density, number of parking spaces subject to the following conditions:

7 1. Compliance with documents including the site plan as submitted with the Planning and Zoning Application;

2. Review and approval of engineering plans; and,

3. Compliance with all other applicable Village codes and ordinances.

The motion was approved unanimously (4-0).

RECOMMENDATION

If members of the Village Board concur with the Planning and Zoning Commission's findings and their recommendation for approval of the items requested by Gardner Capital Development to construct its 85 units of independent, affordable senior housing, the following motion would be appropriate.

MOTION: To Approve an Ordinance (1) Rezoning from P - Parks District to B-2 Planned Development District; (2) Approving a Preliminary Plat of Subdivision; (3) Granting a Special Use for Senior Housing and a Special Use for a Preliminary Planned Development; and, (4) Approving Zoning Variations for Landscape Buffer, Unit Density, and Number of Parking Spaces for Property Commonly Known as Gardner Capital's Spring Hill Senior Residences, Subject to the Following Conditions:

1. Compliance with documents including the site plan as submitted with the Planning and Zoning Application; 2. Review and approval of engineering plans; and, 3. Compliance with all other applicable Village codes and ordinances.

If you have any questions or comments, please contact me by phone at (847) 551-3806 or via e-mail at [email protected]. Thank you.

Attachments (2): Ordinance 16- Staff Memo to the Planning and Zoning Commission Regarding the Public Hearing for Consideration of Petition 16:02: Gardner Capital West Dundee Senior Residences - a Special Use for Senior Housing, A Special Use for a Preliminary Planned Development, Zoning Variations (landscape buffer, unit density, number of parking spaces), Rezoning from P - Parks District to B-2 Planned Development District, and Preliminary Plat of Subdivision cc: Joseph A. Cavallaro - Village Manager

8 Attachment C

westoun9ee

TO: Chairman Baldoni and Members of the Appearance Review Commission (ARC) FROM: Timothy J. Scott, AICP, CNU-A- Community Development Director DATE: August 9, 2016 SUBJECT: Consideration of The Proposed Gardner Capital Development's Senior Housing Project

INTRODUCTION/ CONTEXT

An application for Appropriateness Approval has been submitted by Gardner Capital Development Illinois, Inc., representing West Dundee Senior Residences, LP, requesting consideration and approval of: (I) the relationship of building to site and adjoining properties; (2) site design; (3) building design; (4) sign design; and, (5) landscaping and site lighting design for its proposed Spring Hill Senior Residences.

Gardner Development, in pmtnership with the Elgin Housing Authority, is proposing an independent senior housing development of 85 affordable rental units, including a mix of one­ and two-bedroom units.

PLANNING & ZONING COMMISSION

The petitioners have received a recommendation from the Planning and Zoning Commission for the following: (J) Rezoning from P - Parks District to B-2 Planned Development District; (2) Approving Preliminary Plat of Subdivision; (3) Granting a Special Use for Senior Housing and a Special Use for a Preliminary Planned Development; and, (4) Approving Zoning Variations for reduction of landscape buffer, increase in unit density, and reduction of the number of parking spaces. The petition is scheduled to be presented before the Village Board of Trustees on August g'h.

BUILDING DESIGN & MATERIALS

Most of the building's common spaces will be concentrated near the main entrance and furnished lobby. Specialty rooms for television, community gathering, and exercise will be provided. All exits will be key-carded and video-monitored.

ARC 08-09-2016 ARC2016-21 The proposed four-story, 48'-2"-high building features durable materials (brick and fiber cement). Three (3) different exterior color options are being presented for consideration; please see the attached packet.

SITE CONTEXT, LANDSCAPING & AMENITIES

The subject property is located near the intersection of Village Quatter Road and Main Street (Route 72). It is a vacant lot to the southeast of the former Best-Buy and Target stores. The site is surrounded by big box retail/commercial buildings to the west, a park to the south, residential neighborhood to the east, and restaurant and farm use to the north.

Several walkways make the site accessible and connect the project to the park just south. Residents will also have access to a fire pit, grilling area, rain garden, and individual garden/flower pots and planters. The proposed site features an environmentally-friendly landscape and hardscape (native plants and permeable pavers, respectively).

SIGNAGE

A monument sign is proposed at the northeast corner of the site. The petitioners are presenting two options for the sign; option "A" features a metal panel to one side of the monument sign and the entire sign measures approximately 6' wide by 3 '-6" high. Option "B" includes two metal panels on each end of the monument sign, and it measures approximately 8' wide by 3'6" tall.

Both options call for an aluminum monument to match the color of the building. Copy will be comprised of one-inch thick aluminum push-through letters painted black or charcoal gray, and the sign will be internally lit.

APPEARANCE REVIEW CRITERIA

In order to determine compliance with the Appearance Review Code, following is a review of the proposed project in relation to the Village's criteria.

A. Relationship Qf Building To Site And Adjoining Properties

The scale, height and the placement of the structure on the site is appropriate to the site in terms of the proportion of the site covered by the structure and the location of the structure in relation to lot lines. Excessive similarity or dissimilarity in design in relation to surrounding or adjoining structures has been avoided. The building has been designed to fit within the commercial context of the subject site. The height is compatible with the style and character of the subject building and the immediate area. Building and site design take into consideration the pedestrian environment.

B. Site Design

ARC 08-09-2016 2 ARC2016-21 The site has been designed to provide adequate planting, pedestrian, and parking areas and to feature attractive exterior and interior spaces. Parking, storage, and refuse areas shall be located and screened so as not to negatively affect neighboring properties. Parking areas are designed to minimize dangerous movements and promote ease of circulation. A zoning variation has been granted to allowing a reduced number of parking spaces on the site due to the nature and use of this particular type of senior development. Multiple walkways have been included to provide connectivity around the site and to connect to surrounding amenities including the park to the south.

C. Building Design

As noted above, the building has been designed with its neighboring commercial context in mind, with materials selected for their suitability in achieving a contemporary appearance and for providing durability. The petitioners are proposing several options for the exterior color palette.

Mechanical equipment shall be located or screened so as not to be visible from surrounding streets and prope1iies. Elements such as windows, doors, and eaves have an interesting rhythm and provide visual interest so that there harmony in texture, lines and masses in achieved and excessive monotony is avoided.

D. Sign Design

The design, color, and placement of the proposed sign are appropriate to the structure, site, and adjoining property in terms of materials, height, and setback from the street. Minimalist in design, the sign complements the architectural style of the building. The limited use of color and simple materials allow the sign to be harmony with both building and site. The type and size of font on the sign is legible and held to a minimum to convey the name of the development. Landscaping is to be provided around freestanding signs to create visual interest at grade level for both the pedestrian and the motorist.

E. Landscaping and Site Lighting Design

Ample, four-season landscaping will provide an aesthetically-pleasing site throughout the year and functionally screen parking from the street and adjacent prope1iies. Selected plant material shall be suitable to the climate and to their location on the site. Individual garden/flower pots and planters will be provided for the use of residents. Exterior lighting shall enhance the building design, adjoining landscape, and building signage. Fixtures are of a design and size that will be compatible with the building and adjacent area and shall not have adverse effect upon neighboring propetiy.

ITEMS FOR CONSIDERATION/ RECOMMENDATION

It is impo1iant to note that the proposal has been designed to be contextual with its commercial setting and to satisfy a development program that cost-effectively meets the needs of the

ARC 08-09-2016 3 ARC2016-21 affordable, independent-living senior market. The resultant contemporary design allows for an amenity-laden building and site that may not otherwise be possible with adherence to a traditional vernacular executed authentically.

Items for consideration include: (1) color palette - given its use as a primary means to articulate and express, the one selected will have an impact on the building's compatibility with its surroundings and Village location; (2) materials - while a durable mix has been provided, it would seem that reappmtionment may be advisable; specifically, that brick be used exclusively for the base of the building with potential vertical extensions (e.g., at the building's corners); and (3) details/embellishments - to fmther enliven and refine the fa9ade, metal sun shades could be incorporated into the upper level windows where visual punch may be lacking.

Should members of the ARC recommend approval after deliberating, the following motion would be appropriate.

MOTION: To Approve Design Elements of Gardner Capital Development's Proposed Senior Housing Project Including: (1) Relationship of Building to Site and Adjoining Properties; (2) Site Design; (3) Building Design; (4) Sign Design; and, (5) Landscaping and Site Lighting Design

ARC 08-09-2016 4 ARC2016-21 Attachment D

westoun9ee

TO: Chairman Susanke and Members of the Planning and Zoning Commission FROM: Timothy J. Scott, AICP, CNU-A- Community Development Director Gosia Pociecha - Village Planner DATE: August 29, 2016 SUBJECT: Consideration of Approval of the Final Planned Development and Final Plat of Subdivision for the Property Commonly Known as Spring Hill Senior Residences

INTRODUCTION

The petitioner, Gardner Capital Development Illinois, Inc., representing West Dundee Senior Residences, LP, is requesting approval of their Final Planned Development and Final Plat of Subdivision for the purpose of constructing an 85-unit affordable senior housing project in the Village of West Dundee. The project will be located at 939 West Main Street and is to be named "Spring Hill Senior Residences."

BACKGROUND AND TIMELINE

At the August 1, 2016 meeting of the Planning and Zoning Commission, the petitioner presented preliminary plans requesting: (1) a Special Use for Senior Housing; (2) a Special Use for a Preliminary Planned Development; (3) Zoning Variations (for landscape buffer, unit density, and number of parking spaces); (4) Rezoning from P - Parks District to B-2 Planned Development District; and, (5) Preliminary Plat of Subdivision. At the conclusion of the meeting, the Commission unanimously recommended approval of all requests as presented.

At their meeting of August 8, 2016, the Village Board considered the recommendation of the Planning and Zoning Commission and unanimously approved the petitioner's requests listed above.

On August 9, 2016, members of the Appearance Review Commission (ARC) considered the elements of the preliminary plan within their purview. After a presentation and deliberation, the ARC approved the site plan, landscape/lighting plan, and building design/elevations (with a different palette than originally presented and with a slight change to application of color in the insets along with an increased projection on the parapet copings) but tabled signage.

FINAL PLANNED DEVELOPMENT OVERVIEW

Attached please find exhibits submitted by the petitioner requesting approval of the Final Planned Development and Plat of Subdivision. The drawings reflect the aforementioned building changes requested by the ARC; although signage has also been revised, the item will have to return to ARC. Beyond ARC-requested modifications/refinements, no other substantive

P&Z Commission 08-29-2016 Petition 16-02 changes have been made since the Planning and Zoning Commission-approved preliminary plan.

FINAL PLAN'S CONFORMANCE

In summary, the final development plan as submitted appears to reflect, and be in substantial conformance with, the approved preliminary development plan.

RECOMMENDATION

Based on consideration given to the proposed project and the approvals granted to date, recommended is approval of the Final Planned Development and Final Plat of Subdivision. If the Planning and Zoning Commission were to concur, the following motion would be appropriate:

MOTION: To Recommend to the Village President and Board of Trustees Approval of the Final Planned Development and Final Plat of Subdivision for the Property Commonly Known as Spring Hill Senior Residences Located at 939 West Main Street, subject to the following conditions:

1. Compliance with documents submitted with the Planning and Zoning Application;

2. Compliance with the Site Improvement Plans dated August 15, 2016 prepared by SPACECO, Inc.;

3. Compliance with all other applicable Village codes and ordinances.

Attachments (5):

A- 08-01-2016 Planning and Zoning Commission Public Hearing Memo B - 08-08-2016 Village Board - Memo C - 08-09-2016 ARC- Memo D - Spring Hill Senior Residences Drawing Set, dated 08-15-2016 E-Site Improvement Plans, dated 08-15-2016

P&Z Commission 08-29-2016 2 Petition 16-02 Attachment E Spring Hill Senior Residences PUD Drawing Index 939 West Main Street West Dundee IL 60118 ID Name Build ing and Site Information Parcel Diagram Project Team Building Information Site Calculations Prelmln"')I Plat of SubdMslon Utilty Easement Diagram (Scale: 1';5Q'-O') Owner I Devctopor • ConslnJction Type : VA • Site Square Footage: 216,617 SF (4.96 Acres) Setback Diagram (Scale: 1';5Q'-O') Gardner Capital Development llinoi.s, Inc. • Occ upancy: R-2 • Sito Occupied by Building: 12.1% 6 Site Plan (Scale: t '=50'-0') 401 N Mk;li~an Ave #1200 7 First Floor Plan Chicago, IL 60611 • Numbe r of Dwelling Un its: 85 • 26,272 I 216,817 =. 121 =1 2.1% • Number or 1BR: 41 at 735 Net SF • Usable Common Open Space: 35.3% 8 Typical Floor Plan (2nd-4th Floors) 9 One Beoroom Unit Enlarge< Plan Architect af Record • Number or 2BR: 44 at 692 Net SF • 76,573 I 216,617 =.353 =35.3% Landscape Architect 10 T~~ Beoroom Untt Enlarged Plan s~e design group, ltd. • Nu mber of Access ible/Adaptab le Units: • Site Area Per Use Type: 11 Buikting Elevations 888 S Mk;li~an Ave #1000 • Type A Enhanced (UFAS Accessible): 9 (4-1BR, 5-2BR) • First Floor or Building: 26,272 SF (0.60 Acres) 12 Building Elevations Chicago, IL 60605 • Type A (ANSI 2009): 8 (4-1BR, 4-2BR) • Open AreaA.andscaping: 76,573 SF (1.76 Acres) 13 Building Materials Design Architect • Type B (ANSI 2009): 66 (33-1BR, 35-2BR) • Parking & Associated Drive: 73,822 SF (1.69 Acres) 14 Proposed Entry Sign Landon Bone Baker Architects • Number or HeartngMsual Impaired Units: 2 • Targetmest Buy Parking/Drive : 40,150 SF (0.93 Acres) 734 N Mlwaukee Ave Chicago, IL 60642 (1-1BR, 1-2 BR) • Number of Heari ngMsual Adaptable Units: 17 Contractor (8-1BR, 9-2 BR) Po~iers and Sons Conslruciion #I • _ __:. .. · , 5040 Soulh Slale S~eel • No. Stories: 4 (Slab on Grade) Chicago, IL60609 • Building Heig ht: 48'-2' Max.

Civil Engineer • Gross Square Foo1ago: 105,000 SF SPACECO, ln< • Elevator Penlhouse: 212 SF 9575 W Higgins Road, Ste. 700 • Numbor of Off-Stroot Parking: 117 .. i •'"".:"' Rosemorit., IL 60018 • Standard Parking: 108 Structural Engineer • ADA Accessible Part

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llETAILS-1 C12 westoun9ee

TO: Village President Nelson and Board of Trustees FROM: Timothy J. Scott, AICP, CNU-A - Community Development Directo~ DATE: September 12, 2016 SUBJECT: Consideration of an Ordinance Amending Chapter 2 Definitions of Title 10 Zoning Regulations Related to Cemetery

INTRODUCTION

The Village's Planning and Zoning Commission held a public hearing on August 29, 2016 to consider a petition for a Text Amendment to Chapter 2: Definitions of the West Dundee Zoning Regulations. If approved, the proposed amendment would define cemetery as "a burial ground including structures such as mausoleums, columbaria, incidental management offices, and maintenance facilities."

The Planning and Zoning Commission voted unanimously (7-0) to recommend approval of the request.

BACKGROUND

A petition for construction of a columbarium has been submitted by First Congregational Church of Dundee. The proposal calls for construction of an approximately 7' high, 6'-5" diameter columbarium and an outdoor patio with a trellis and seating benches next to the existing church.

Columbaria or any other similar uses are not currently defined in the West Dundee Zoning Regulations. Therefore, in order to consider First Congregational Church's petition, a text amendment to the Definitions Section of the Zoning Regulations is required.

Public Comments

With required notice having been published in the local newspaper as required, to date Village staff has not received any comments from the public specific to the proposed text amendment regarding definition of cemetery.

PLANNING AND ZONING COMMISION FEEDBACK

1 The Planning and Zoning Commission held its regular meeting on August 29, 2016. No one present in the audience objected to the text amendment and First Congregational Church requests.

During the public hearing, the Commissioners discussed whether there is a need to create a new zoning classification for cemeteries. While staff will look into that matter further, it was presumed that such a new zoning classification would most likely only apply to larger sized cemeteries.

Also brought up was how zoning district standards regarding the number of permitted buildings and accessory structures could affect regulation of cemeteries. Currently, cemeteries are regulated by their underlying residential zoning district in which they are a permitted use.

However, since the proposed text amendment was being sought solely to provide clarity and a more detailed definition as to what cemetery uses potentially encompass, rather than add specific regulations the Planning and Zoning Commission recommended approval of the proposed text amendment as presented.

RECOMMENDATION

If members of the Village Board concur with the Planning and Zoning Commission's recommendation granting approval of the requested text amendment, the following motion would be appropriate.

MOTION: To Approve an Ordinance Amending Chapter 2 Definitions of Title 10 Zoning Regulations Related to Cemetery

If you have any questions or comments, please contact me by phone at (847) 551-3806 or via e-mail at [email protected]. Thank you.

Attachments (2):

• Ordinance 16- • Staff Memo to the Planning and Zoning Commission Regarding the Public Hearing - Consideration of Petition 16-05: Zoning Regulations - Text Amendment Defining Cemetery cc: Joseph A. Cavallaro - Village Manager

2 ORDINANCE 16-

AN ORDINANCE AMENDING CHAPTER 2 DEFINITIONS OF TITLE 10 ZONING REGULATIONS RELATED TO CEMETERY

WHEREAS, The Village of West Dundee, Kane County, Illinois, is a home rule municipality as contemplated under Atticle VII, Section 6 of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the Village's home rule powers and functions as granted in the Constitution of the State of Illinois; and

WHEREAS, West Dundee's Municipal Code in its current form does not specifically define cemetery uses; and

WHEREAS, a Public Hearing was held by the West Dundee Planning and Zoning Connnission on August 29, 2016, after due notice in the manner provided by law; and

WHEREAS, the Village Board has considered the findings of fact, based upon the evidence presented at the public hearing and presented to the West Dundee Planning and Zoning Commission by the petitioner.

NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES, VILLAGE OF WEST DUNDEE, KANE COUNTY, ILLINOIS, as follows:

Section 1: That the Title 10 Zoning Regulations Chapter 2 Defmitions is hereby amended to include the following defmition:

Cemetery~ a burial ground including structures such as mausoleums, columbaria, incidental management offices, and maintenance facilities.

Section 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect.

Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Section 4: That this Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form which publication is hereby authorized as provided by law.

PASSED by the Board of Trustees of the Village of West Dundee, Kane County, Illinois and approved by the President of said Village this_ day of , 2016.

AYES: NAYS: ABSENT: ATTEST:

Bmbara Traver Christopher Nelson Village Clerk Village President

Passed: Approved: Published:

Prepared by: Village of West Dundee Community Development Department 100 Cmrington Drive West Dundee, IL 60118 PUBLIC NOTICE YJ/1Pri~1~1cY"~~h8ii~~~1~i 0f:i0~~9nl1i1fa0r?J~9of7Wa"l~~: Ii~:;lowing petitions: Pellllon 16-0$: An oppl!cotton hos bean filed by the VIiiage CERTIFICATE OF PUBLICATION ?i~~e·H,Pe~idtfi1~t~:-r'1~118&h~I WF·N 8ttgin~0QJ~~t ~~~1~1~e Municipal Code to de/!ni;i cemetery os o bur!ol ground ln­ Paddock Publications, Inc. cludfng slruclures such as mousoleums, co[umbario, lnd­ dentol management ollices,tmd molntenancefocllftTes. AND Pelllfon 16-06: An opp[lcollon has been riled bY lhe First congregotlonal Church of Dundee requesflng a modifica­ tion to !ho existing Special Use for Planned Development Dally Herald for the property described : Parf of the Southwest Qu Norfh, Range 8 East of th Corporation organized and existing under and by virtue of the laws of scribed as follows: Commencing at of sold Southwest Quorter1 thence So 3 min­ utes 21 seconds East along sold Norlh tine, so d orth line the State of Illinois, DOES HEREBY CERTIFY that it is the publisher al$o being the North line of Falrhllts al Canferfield Phase It, beln!I a subdivision of port of !he Southwest Quarter of of the DAILY HERALD. That said DAILY HERALD is a secular 0 ~~fJ'g~lkg~g;i1o~ir~rtilJ11~~1~':{t6ft~!C~~:lt#aJ ~~: newspaper and has been circulated daily in the Village(s) of ner of the West Dundee PubflcWorks propertY for the Point of beginning; thence South 01 degree 46 minutes 05 seconds Algonquin, Antioch, Arlington Heights, Aurora, Barrington, West 540.0 feet lo the Southeast corner of sold West Dundee Publlc Works properly (sold Southeast corner also being Barl'ington Hills, Lake Barrington, North BatTington, South Barrington, !he Norlheost corner of folrhllls at Conterfleld Phase 1, be· 0 1 0 1 J?J'n °2; ~bn~1~J ~o°!tg:Jsfh5u°J1,J7~N~~l\o~ fl, fo~~:fifp Battlett, Batavia, Buffalo Grove, Bul"lington, Campton Hills, ~;r~Y1~~1fciWi1:itft~~~7JJP~e1~~~f's1~~,g::Mt't~~~tf~s°JS Carpentersville,Cary,Deer Park, Des Plaines, South Elgin, East Dundee, Document No. 95K053597); ond sold point olso being on the 0 9 11 Elburn, Elgin.Elk Grove Village, Fox Lake, Fox River Grove, Geneva, Nr !W iJ ~Mi,~i~1 ~:c~~::i!~sT°ci1~~!hi~1~e r1gg1ha?8w~y fine 597.29 feel to !he Westerly right of way llne of Stole Gilbe11s,Grayslake, Green Oaks, Gurnee, Hainesville, Hampshire ~~~t~~~g 'shJr~c:rg~nrJa~W~:~~3~Ur disk mark! ; t Hanover Park.Hawthorn Woods, Hoffman Estates, Huntley, lnverness, grees East along 104.57 lne of sold s Island Lake,Kildeer, Lake Villa, Lake in the Hills, Lake Zurich, Section 271 then 89 degrees 1 We$f along sold ,w line 583. o !he point of Libettyville,Lincolnshire, Lindenhurst, Long Grove, Mt.Prospect, be!,llllnlnu, rn Kane County, tll!nols. (said properly com­ monly kno\vn os 900 South Eighth street), Mundelein.Palatine, Prospect Heights, Rolling Meadows, Round Lake, 1 1 1 W:c1grm~1~;s1ii~~~~ 8~v°e~gJ::!I~?! fo"n't~!J~~ ~~~~ ¥~1~ profect Includes the First Congresotrono! Church, a future Round Lake Beach.Round Lake Heights.Round Lake park.Schaumburg, office development ond accessory off-slreel parking, The app!iconl ls requesting on update to the Planned Develop­ Sleepy Hollow, St. Charles, Streamwood, Tower Lakes, Vernon Hills, ment to add "cemelerfes" as a permffted use In order to al­ low construc!Jon of columbarlo next to the existing church. Volo, Wauconda, Wheeling. West Dundee, Wildwood. Sugar Grove, The Wed Dundee l'lonnJng and zoning Commission wlll hold II public hearing on Mondo:r, Auausl 29, 1016 at 7:30 rim, al VIiiage Holl, 10.'l south 2n Slreek Wes! Dundee. All Notth Aurora Glenview JU~::;M~~ g~r~g~::: tu~~ci~; c!tgiW!,"un, West Dundee Plonnlng and Zonfng Commission Any queslions can be dlreded lo: Gos!o Poclecho, Planner Commuo1:ra~:~rttt~1ieg~RJft'ment 047 551-3005 11 1 County(ies) of Cook, Kane, Lake, McHeruy Pub11i~~ 1n°8~~i:Helh781~~~~ri1~~gr:c~%~307J and State of Illinois, continuously for mofe than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State.

I further certify that the DAILY HERALD is a newspaper as defmed in "an Act to revise the law in relation to notices11 as amended in 1992 Illinois Compiled Statutes, Chapter 7150, Act 5, Section I and 5. That a notice·ofwhich the annexed printed slip is a true copy, was published August 12, 2016 in said DAILY HERALD.

IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois.

PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS

BY ~. ~l(_,l{',& Authorized Agent

Control# 4449307 TO: Chairman Susanke and Members of the Planning and Zoning Commission FROM: Timothy J. Scott, AICP, CNU-A- Community Development Director Gosia Pociecha - Village Planner DATE: August 29, 2016 SUBJECT: Public Hearing - Consideration of Petition 16-05: Zoning Regulations - Text Amendment Defining Cemetery

INTRODUCTION

Petition 16-05 requests a Text Amendment to Chapter 1: Definitions of the West Dundee Zoning Regulations. If approved, the proposed amendment would define cemetery as a burial ground including structures such as mausoleums, columbaria, incidental management offices, and maintenance facilities.

BACKGROUND

A petition for construction of a columbarium has been submitted by First Congregational Church of Dundee. The proposal calls for construction of an approximately 7' high, 6'-5" diameter columbarium and an outdoor patio with a trellis and seating benches next to the existing church.

Columbaria or any other similar uses are not currently defined in the West Dundee Zoning Regulations. Therefore, in order for the Commission to consider First Congregational Church's petition, a text amendment to the Definitions Section of the Zoning Regulations is required; this petition (No. 16-05) requests the text amendment. Scheduled after the public hearing for 16-05 is another public hearing to consider First Congregational Church's petition (No. 16-06) requesting a modification to their special use permit, which if approved, would allow the addition of columbaria to their grounds.

TEXT AMENDMENT

While "cemetery" is currently listed as a permitted use under any of the residential zoning districts, the text does not contain a definition of what uses are included. After researching, staff proposes that the following text be added to Chapter 1: Definitions of the West Dundee Zoning Regulations:

Cemetery - a burial ground including structures such as mausoleums, columbaria, incidental management offices, and maintenance facilities.

P&Z Commission 08-29-2016 Petition 16-05 PUBLIC COMMENTS

Having provided required public notice via publication in local newspaper, Village staff has not received any comments from the public prior to the writing of this memo.

RECOMMENDATION

Village staff recommends approval of the proposed text amendment as it will simply define a permitted use that already in the code. If the Planning and Zoning Commission were to concur with this recommendation, the following motion would then be appropriate:

MOTION: To Recommend to the Village President and Board of Trustees Approval of a Zoning Regulations Text Amendment Defining a Cemetery

P&Z Commission 08-29-2016 2 Petition 16-05 westoun9ee

TO: Village President Nelson and Board of Trustees _ '"1f FROM: Timothy J. Scott, AICP, CNU-A - Community Development Director ( DATE: September 12, 2016 SUBJECT: Consideration of an Ordinance Modifying the Special Use for a Planned Development for First Congregational Church, 900 South Eighth Street, to Allow Construction of a Columbarium Garden

INTRODUCTION

The Village's Planning and Zoning Commission held a public hearing on August 29, 2016 to consider a petition submitted by the First Congregational Church of Dundee requesting a modification of their existing Special Use for a Planned Development originally issued in 2005 in order to accommodate construction of a columbarium garden on their grounds.

The Planning and Zoning Commission voted unanimously (6-0) to recommend approval of the request; one commissioner recused himself from the public hearing and voting as he stated that he was a former member of the church.

LOCATION, UNDERLYING ZONING, AND CONTEXT

The subject property is located near at 900 South Eighth Street, near the intersection of Angle Tarn and Eighth Street (Route 31). While churches and cemeteries are permitted uses in residential districts, the First Congregational Church site is zoned B-3 PDD Regional Business Planned Development District. In addition to its presence on Route 31, the site's adjacent uses and corresponding zoning include a mix residential, commercial, and parks (Public Works facility).

BACKGROUND

In 2005, the Village Board of Trustees approved a Special Use for a Planned Development for First Congregational Church. That proposal called for phased construction of a mixed-use development including the church and three office buildings containing 60,000 square feet with a shared parking facility. The construction of the commercial buildings was dependent upon market conditions and selection of a developer. To date, only the church has been constructed and the commercial lots remain vacant.

1 The planned development process allowed introduction of the church use, which is otherwise not permitted within the B-3 zoning district, and provided for multiple buildings on one zoning Jot with a shared parking facility.

As a planned development, the developer had some flexibility when designing the mixed-use project while the Village had the opportunity to help shape the plan for the future built environment at this significant parcel of property at the entrance to the community.

PROPOSED COLUMBARIUM

The applicants wish to construct a columbarium/columbaria garden approximately 100' west of the existing church and approximately 35' north of the existing parking Jot. The paved area will be connected to the parking lot and building via a walkway. A potential building expansion of the church is also shown on the attached partial site plan.

The garden will feature benches and an arbor/pergola with brick columns to match the church's exterior and wood-framed lattice to provide shade. The area will be landscaped with various trees, shrubs, and ground cover to provide screening.

The current proposal calls for one columbarium to be constructed at the center of the proposed garden. It will be approximately 7'-0" in height and 6'-5" in diameter and contain 144 niches. The petitioners have noted that they may wish to construct two additional columbaria in that same garden if future demand warrants potential expansion.

SPECIAL USE STANDARDS FOR A PLANNED DEVELOPMENT

A. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comforl or general welfare.

The modification of the existing Special Use for a Planned Development to construct columbaria would not seem to be detrimental to or endanger the public. The . petitioners' intention is that the proposed use would be compatible with the previously approved church use.

B. The special use will not be injurious to the use and enjoyment of other properly in the immediate vicinity for the purposes neither already permitted nor substantially diminish properly values within the neighborhood.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity. The limited scale and scope of the plan is intended by the petitioners to be complementary to the existing church, and its design should separate it from adjacent uses.

2 C. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding properly for uses permitted in the district.

The modification of the special use would not seem to impede the normal and orderly development and improvement of the surrounding property as the planned columbarium garden is intended to be complementary to the church and separated from adjacent uses.

D. Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

The site's current utilities, roads, and facilities adequately serve the church. It would seem unlikely that the proposed addition of the columbarium garden would strain these resources.

E. Adequate measures have been or will be taken to provide ingress and egress to design as to minimize traffic congestion in the public streets.

Given the scale and scope of the proposed columbarium garden and since it is intended to serve the church's congregation, it would seem unlikely that its addition would generate significant new traffic.

F. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village president and board of trustees.

The development is controlled by an ordinance granting a Special Use for a Planned Development, B-3 District regulations, and approved plans for both building and site. Any deviations from approved documents would require resubmission and a new public hearing.

PUBLIC COMMENTS

The Village provided the required public notice via direct certified mail to property owners within 250' of the site and published in the local newspaper. As a result of meeting these notification requirements, staff received one public comment. A copy is attached.

PLANNING AND ZONING RECOMMENDATION AND FINDINGS OF FACT

The Planning and Zoning Commission held a public hearing on August 29, 2016. The applicants were in attendance. No objectors were present in the audience.

During the public hearing the petitioners explained that it has been the desire of the congregation for over ten years to have a columbarium/columbaria. The church's

3 proposal calls for installation of one columbarium sunken three feet (3') into the ground, with the possibility of adding two more columbaria in the distant future. The columbaria are to be located in a "columbarium garden."

It was also explained that the columbarium/columbaria could be moved to a new location if the church ever decided to relocate and that there would be by-laws and an agreement addressing management of the niches over time.

The lone public comment received prior to the meeting was discussed by the Commission. Members suggested that the landscape plan feature plants with year­ round screening capability to buffer the proposed columbarium garden from the neighboring commercial property.

The Planning and Zoning Commission recommended approval of the requested variation and has made the following Findings of Fact for the variation request:

Findings of Fact

1. The Special Use for the Planned Development originally approved for this site in 2005 proposed a mixed-use development including the church and three office buildings with a shared parking facility.

2. The use of the planned development process allowed the church use, which is otherwise not permitted within the B-3 District.

3. The modification of the existing Special Use for a Planned Development to allow construction of a garden with a columbarium (or columbaria) will not be detrimental to or endanger the public as the proposed use and its limited scale is intended to be compatible with the previously-approved church use.

At the close of the public hearing, a motion was made for approval of the variation subject to the following conditions:

1. Compliance with documents including site plan as submitted with the Planning and Zoning Application;

2. Compliance with all other applicable Village codes and ordinances.

3. Limit of up to three (3) columbaria as shown in drawings and year-round screening of the columbarium garden and the property at 770 Beacon Street.

The motion received unanimous approval, with a vote of six in favor and none opposed, with one member having recused himself from the hearing and vote.

RECOMMENDATION

4 If members of the Village Board concur with the Planning and Zoning Commission's recommendation granting approval of the requested modification of the special use, the following motion would be appropriate.

MOTION: To Approve an Ordinance Modifying the Special Use for a Planned Development for First Congregational Church, 900 South Eighth Street, to Allow Construction of a Columbarium Garden, subject to the following conditions:

1. Compliance with documents including site plan as submitted with the Planning and Zoning Application;

2. Compliance with all other applicable Village codes and ordinances;

3. Limit of up to three (3) columbaria on site as shown in submitted plans; and,

4. Installation of year-round screening of the columbarium garden from adjoining or neighboring commercial properties including but not necessarily limited to 770 Beacon Street.

If you have any questions or comments, please contact me by phone at (847) 551-3806 or via e-mail at [email protected]. Thank you.

Attachments (2):

• Ordinance 16-__ • Staff Memo to the Planning and Zoning Commission Regarding the Public Hearing - Consideration of Petition 16-06: 900 S. Eighth Street - Modification of a Special Use for a Planned Development for First Congregational Church to Allow Construction of Columbaria cc: Joseph A. Cavallaro - Village Manager

5 ORDINANCE 16-

AN ORDINANCE MODIFYING THE SPECIAL USE FOR A PLANNED DEVELOPMENT FOR FIRST CONGREGATIONAL CHURCH, 900 SOUTH EIGHTH STREET, TO ALLOW CONSTRUCTION OF A COLUMBARIUM GARDEN

WHEREAS, The Village of West Dundee, Kane County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6 of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the Village's home rule powers and functions as granted in the Constitution of the State of Illinois; and

WHEREAS, the Village of West Dundee has received a petition submitted by the First Congregational Church of Dundee requesting a modification of their existing Special Use for a Planned Development originally issued in 2005 in order to accommodate construction of a colurnbariurn garden on their grounds; and

WHEREAS, a Public Hearing was held by the West Dundee Planning and Zoning Commission on August 29, 2016, after due notice in the manner provided by law; and

WHEREAS, the West Dundee Plauning and Zoning Commission, after deliberation, has made a report and recommended the granting of said modification to the Special Use for a Planned Development for First Congregational Church of Dundee; and

WHEREAS, the Village Board has considered the findings of fact, based upon the evidence presented at the public hearing and presented to the West Dundee Planning and Zoning Commission by the petitioner.

NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES, VILLAGE OF WEST DUNDEE, KANE COUNTY, ILLINOIS, as follows:

Section 1: That the modification to the Special Use for a Planned Development to accommodate construction of a colnrnbarium garden on church grounds is hereby approved for the property legally described as follows:

Patt of the Southwest Qumter of Section 27, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Southwest Qumter; thence South 88 degrees 13 minutes 21 seconds East along said North line, said North line also being the North line of Fairhills at Canterfield Phase II, being a subdivision of patt of the Southwest Quatter of Section 27 and the Northwest Quarter of Section 34, Township and Range aforesaid 1298.93 feet to the Northeast corner of the West Dundee Public Works property for the point of beginning; thence South O1 degree 46 minutes 05 seconds West 548.0 feet to the Southeast corner of said West Dundee Public Works property (said Southeast corner also being the Northeast corner of Fairhills at Canterfield Phase 1, being a subdivision of patt of said Southwest Quatter of Section 27 and the Nmthwest Quarter of Section 34, Township 42 Nmth, range8 East of the Third Principal Meridian, according to the plat thereof recorded September 12, 1995 as Document No. 95K053597); and said point also being on the North right of way line of Angle Tarn; thence South 88 degrees 13 minutes 21 seconds East along said right of way line 597.29 feet to the Westerly right of way line of State Route 31; thence North O degrees 04 minutes 23 seconds East along said right of way line 443.62 feet to right of way disk marking a jog in said right of way; thence North 01 degrees 23 minutes 15 seconds East along said right of way, 104.57 feet to the North line of said Southwest Quarter of Section 27; thence North 88 degrees 13 minutes 21 seconds West along said right of way line 583.47 feet to the point of beginning, in Kane County, Illinois.

Section 2: That the approval granted in Section 1 of this Ordinance is conditioned on the following:

1. Compliance with documents including site plan as submitted with the Planning and Zoning Application;

2. Compliance with all other applicable Village codes and ordinances.

3. Limit ofup to three (3) columbaria on site as shown in submitted plans.

4. Installation of year-round screening of the columbarium garden from adjoining or neighboring commercial propeiiies including but not necessarily limited to 770 Beacon Street.

Section 3: "That the findings of fact of the Planning and Zoning Cmmnission on the issuance of the special use pennit and granting of the zoning variation are hereby accepted.

Section 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Comi of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect.

Section 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Section 6: "That this Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form which publication is hereby authorized as provided by law.

PASSED by the Board of Trustees of the Village of West Dundee, Kane County, Illinois and approved by the President of said Village this ~ day of , 2016.

AYES: NAYS: ABSENT:

ATTEST: Barbara Traver Christopher Nelson Village Clerk Village President

Passed: Approved: Published:

Prepared by: Village of West Dundee Community Development Department 1 00 Carrington Drive West Dundee, lL 60118 westoun9ee

TO: Chairman Susanke and Members of the Planning and Zoning Commission FROM: Timothy J. Scott, AICP, GNU-A- Community Development Directo~/g; Gosia Pociecha -Village Planner \./ / DATE: August 29, 2016 SUBJECT: Public Hearing - Consideration of Petition 16-06: 900 S. Eighth Street - Modification of a Special Use for a Planned Development for First Congregational Church to Allow Construction of Columbaria

INTRODUCTION

The petitioner, First Congregational Church of Dundee, is requesting a modification of their existing Special Use for a Planned Development originally issued in 2005 in order to accommodate construction of a columbarium garden on their grounds.

LOCATION, UNDERLYING ZONING, AND CONTEXT

The subject property is located near at 900 South Eighth Street, near the intersection of Angle Tarn and Eighth Street (Route 31). While churches and cemeteries are permitted uses in residential districts, the First Congregational Church site is zoned B-3 POD Regional Business Planned Development District. In addition to its presence on Route 31, the site's adjacent uses and corresponding zoning include a mix residential, commercial, and parks (Public Works facility).

BACKGROUND

In 2005, the Village Board of Trustees approved a Special Use for a Planned Development for First Congregational Church. That proposal called for phased construction of a mixed-use development including the church and three office buildings containing 60,000 square feet with a shared parking facility. The construction of the commercial buildings was dependent upon market conditions and selection of a developer. To date, only the church has been constructed and the commercial lots remain vacant.

The planned development process allowed introduction of the church use, which is otherwise not permitted within the B-3 zoning district, and provided for multiple buildings on one zoning lot with a shared parking facility.

As a planned development, the developer had some flexibility when designing the mixed-use project while the Village had the opportunity to help shape the plan for the future built environment at this significant parcel of property at the entrance to the community.

P&Z Commission 08-29-2016 Petition 16-06 PROPOSED COLUMBARIUM

The applicants wish to construct a columbarium/columbaria garden approximately 100' west of the existing church and approximately 35' north of the existing parking lot. The paved area will be connected to the parking lot and building via a walkway. A potential building expansion of the church is also shown on the attached partial site plan.

The garden will feature benches and an arbor/pergola with brick columns to match the church's exterior and wood-framed lattice to provide shade. The area will be landscaped with various trees, shrubs, and ground cover to provide screening.

The current proposal calls for one columbarium to be constructed at the center of the proposed garden. It will be approximately 7'-0" in height and 6'-5" in diameter and contain 144 niches. The petitioners note that they may wish to construct two additional columbaria in that same garden if future demand warrants potential expansion.

SPECIAL USE STANDARDS FOR A PLANNED DEVELOPMENT

A. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

The modification of the existing Special Use for a Planned Development to construct columbaria would not seem to be detrimental to or endanger the public. The petitioners' intention is that the proposed use would be compatible with the previously approved church use.

B. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes neither already permitted nor substantially diminish property values within the neighborhood.

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity. The limited scale and scope of the plan is intended by the petitioners to be complementary to the existing church, and its design should separate it from adjacent uses.

C. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

The modification of the special use would not seem to impede the normal and orderly development and improvement of the surrounding property as the planned columbarium garden is intended to be complementary to the church and separated from adjacent uses.

D. Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

The site's current utilities, roads, and facilities adequately serve the church. It would seem unlikely that the proposed addition of the columbarium garden would strain these resources.

E Adequate measures have been or will be taken to provide ingress and egress to design as to minimize traffic congestion in the public streets.

P&Z Commission 08-29-2016 2 Petition 16-06 Given the scale and scope of the proposed columbarium garden and since it is intended to serve the church's congregation, it would seem unlikely that its addition would generate significant new traffic.

F. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the village president and board of trustees.

The development is controlled by an ordinance granting a Special Use for a Planned Development, B-3 District regulations, and approved plans for both building and site. Any deviations from approved documents would require resubmission and a new public hearing.

PUBLIC COMMENTS

The Village provided the required public notice via direct certified mail to property owners within 250' of the site and published in the local newspaper. As a result of meeting these notification requirements, staff received one public comment prior to the writing of this memo. A copy is attached.

ITEMS FOR DISCUSSION AND CONSIDERATION

Following are potential items for discussion, consideration, or clarification by the applicants. Commissioners may have additional items as well.

• Determine the appropriateness of the proposed garden as an ancillary use to the church's religious and social services

• Limit the scale of the columbarium (or columbaria) so as to remain a scale-appropriate element of the proposed garden

• Limit the footprint and scope of the columbarium garden by specifying the appropriate number of structures and/or total niches (e.g., one with 144 niches is initially proposed, but the petitioners referenced a desire for up to two others based on demand)

• Screen the columbarium (or columbaria) year-round from surrounding properties with mature four-season plant material

• Clarify whether the garden is solely a contemplative space or one where services would be conducted (funerals and/or memorials)

• Understand how and the process by which remains would be handled in the event the church were to cease services/operations or close its doors

RECOMMENDATION AND FINDINGS OF FACT

Offered are the following findings of fact as part of the consideration for the proposed modification of the Special Use for a Planned Development for First Congregational Church, which if approved would allow construction of a columbarium ( or columbaria) in a garden setting.

P&Z Commission 08-29-2016 3 Petition 16-06 Findings of Fact

1. The Special Use for the Planned Development originally approved for this site in 2005 proposed a mixed-use development including the church and three office buildings with a shared parking facility.

2. The use of the planned development process allowed the church use, which is otherwise not permitted within the B-3 District.

3. The modification of the existing Special Use for a Planned Development to allow construction of a garden with a columbarium (or columbaria) will not be detrimental to or endanger the public as the proposed use and its limited scale is intended to be compatible with the previously-approved church use.

If members of the Planning and Zoning Commission were to support the petitioners' proposed modification to the previously-approved special use for First Congregational Church, the following motion would be appropriate:

MOTION: To Recommend to the Village President and Board of Trustees Approval of a Modification of a Special Use for a Planned Development for First Congregational Church, 900 South Eighth Street, to Allow Construction of a Columbarium Garden, subject to the following (and potentially other Planning and Zoning Commission-specified) conditions:

1. Compliance with documents including site plan as submitted with the Planning and Zoning Application;

2. Compliance with all other applicable Village codes and ordinances.

P&Z Commission 08-29-2016 4 Petition 16-06 Public Comments

First Congregational Church - Proposal Bob Contaldo to: gpociecha 08/23/2016 09:25 AM History: This message has been replied to.

FOR DISTRIBUTION TO THE ZONING BOARD

Dear Ms. Pociecha,

Thank you for sending the information concerning the proposed columbarium.

Please be advised that we wholeheartedly oppose the project, which quite frankly seems bizarre on every front. Our rationale is as follows:

I) A columbarium is essentially a cemetery, and should be viewed as such on a stand-alone basis. Therefore, if a proprietor came with such a request irrespective of the positioning of the church, would it be deemed a proper use of the land? We think not. The days of having a cemete1y next to the church are from a bygone era when the church proximity was central to a rural population and even then not in a commercial district.

2) The setting and location is incongruent with the surrounding businesses. Zoning laws are enacted in part to protect existing land owners against something like this. In like manner, it would be equally bizarre to allow a zoning change allowing a strip center in the middle of a cemetery.

3) It could have a negative impact on existing property values and surrounding growth if for no other reason than the stigma associated with its placement.

4) Once allowed, it seems quite probable that it would have to remain for generations. We're not sure as to the laws/legalities of moving the remains of the deceased, but undoubtably would be contentious. Further, what if the church moves, or closes, or changes Denomination (and by extension the congregation moves or changes), or the church ceases to exist for any reason, what happens to the columbarium? The use for this property could be unchangeable. To that end do we know the financial strength of the church? Unfo1tunately many churches of eve1y size have failed and buildings taken over by commercial enterprises.

5) How does this spur growth within the business corridor? Could this possibly have been on any village board level checklist of great things to do with this property?

The whole concept seems ill conceived. We resoundingly reject the proposal and ask the village board to do so as well. Please confirm that this will be forwarded to the appropriate zoning board personnel. Please contact me if you have any questions or would like to discuss further.

Thank you.

Bob Contaldo DAC Properties LLC. 770 Beacon St., Suite A West Dundee, Illinois 847-836-7035

From: Gosia Pociecha [mailto:[email protected]] Sent: Wednesday, August 17, 2016 3:28 PM To: [email protected] Subject: First Congregational Church - Proposal

Good afternoon,

Per our phone conversation, attached please find a copy of the proposed site plan and images showing the proposed columbarium model for the First Congregational Church.

Please feel free to contact us if you have any questions or comments.

Sincerely,

Gosia Pociecha Planner

Village of West Dundee 100 Carrington Drive West Dundee, IL 60118 Phone: 847-551-3805 Fax: 847-551-3814 E-mail: [email protected]

TO: Village President and Board of Trustees

FROM: Joseph A. Cavallaro, Village Manager

DATE: September 8, 2016

SUBJECT: Downtown Building Demolition Project – Contract Award Recommendation

INTRODUCTION / BACKGROUND:

The Final Preferred Concept Plan for downtown improvements has been prepared, reviewed and altered, and was presented to the Village Board last month. Attached is a copy of the August 11 staff memo detailing the Downtown Concept Plan and the recommended phasing. Also attached is a demo award contract recommendation from V3.

As previously discussed, the formal concept plan is broken down into 7 specific areas or phases, in order to be able to fit into the Village’s existing budget parameters.

For Monday evening, the following actions are required:

1. A general agreement and approval regarding the overall concept plan as prepared, and direction to staff and the consultants to begin the process of final design and engineering of the concept plan as recommended.

2. A general consensus regarding the project phasing and prioritization. For this year’s portion of the project, it is staff’s recommendation that this include shoreline stabilization and First Street Plaza Stages 1 and 1A, as these are logical first steps and fit within the budgetary allocation of $900,000.

3. Authorization to award the Downtown Buildings Demolition Project to Copenhaver Construction, who is the apparent low bidder at a base bid of $203,000 and an alternatives bid of $74,500, for a total of $277,500.

4. Based on the recommended phasing and budgetary constraints, if the Village Board agrees to delay the demolition of the Ace Hardware building and construction of the Village parking lot expansion, the coordination with the contractor to delete this item from the contract with a Change Order would be necessary.

OUTSTANDING ISSUES:

Pump House Restoration: Staff has met with several of the Trustees in regards to concerns raised regarding preservation of the Pump House. Below are some points in this regard:

1. In speaking to George Schober from V3, he is guesstimating that renovation of the existing structure, based on its current condition, would in all likelihood be north of $325,000, assuming that we would complete a historic restoration complete with a slate roof.

Downtown Building Demolition Project – Contract Award Recommendation September 8, 2016 Page 2

2. Attached is an overlay which shows the location of the existing Pump House as it relates to the current recommended concept plan. If the Pump House is to remain, a substantial revision to the concept plan would be needed.

3. In order to make this a viable commercial location, any rehabilitation of the building would have to be brought into code compliance, including sprinklers, washroom facilities, etc, in order to make it habitable commercial space.

4. It is the consensus of the staff and engineers that the more cost effective approach would be to preserve as much of the material as possible, possibly including some of the existing windows and bricks, and including an option for a structure that is reduced in size and footprint for reconstruction on the southeast corner of the site. The existing structure is extremely large (38’ x 25’) for small, limited use commercial entities, i.e. the proposed kayak rental use as an example, but a half-scale or three-quarter-scale version (say 20’ x 15’), using some of the existing materials and mirroring the details of the existing building could be more appropriate, and would definitely a more cost-effective approach.

5. This option could be incorporated into the First Street Plaza Stage 2, with salvaged materials set aside prior to demolition. The authorization for preservation of the brick material is included within the bid demolition specs. If the Village were to be the salvager, we would have to contract to have the material collected and palletized for storage at our expense. The windows would also have to be removed prior to demolition.

If the Village were to pursue this option, we would incur some additional costs or staff time, in terms of the preservation of the existing materials, i.e. removing several of the windows prior to demolition, (the cupola at the top has already been removed by the Public Works staff), bricks and limestone sills would have to be paletted and removed by the Village staff, or by a contractor at the Village’s expense and staff time, for preservation and use in a future project. The cost is estimated at $7,000.

The concept of incorporating a smaller version of the Pump House utilizing the existing material could be incorporated into the First Street Plaza Phase 2 as a multi-purpose building for Village or community use, or under lease to a private entity at some point in the future.

It must be noted that the addition of this element to the First Street Plaza Phase 2 would add to both the design and construction cost estimates for that phase, but would add an additional building and element to the physical aspect of the riverfront in this area. The space could be programmed and utilized in the future as determined by the Board.

As a ballpark estimate for planning purposes, an additional $220,000 would be an appropriate number to include, which should cover design and engineering changes to incorporate this element, as well as construction. This number is reflected as a new line item in the fee master spreadsheet.

Under this scenario, you at least preserve the option of recreating the existing architectural style of the building in close proximity to its original location, as well as adding an additional feature and element, which would be a positive addition to the second phase of the project.

Village Parking Lot Expansion: President Nelson is strongly advocating to try to figure out a way to include the Village parking lot expansion project as part of our initial phase of construction.

Based on the financial parameters available with the Village, the Village cannot solely fund all of these items within our existing budget. Efforts have been made to identify potential public/private partnership opportunities, including with Mr. Roeser and Mr. Krak, as alternatives to complete the Downtown Building Demolition Project – Contract Award Recommendation September 8, 2016 Page 3

work initially, with the Village entering into an arrangement to reimburse them or repay these costs, to have the work done in this initial phase.

We are continuing these discussions in an effort to craft an arrangement to potentially utilizing some capital monies that have been allocated to the Village within the State of Illinois budget, that will be released upon finalization of the capital bill and resolution of the budget impasse. This amount is $144,000 as a pledge if they will complete this work, until the money is received by the Village. In addition, additional economic incentive monies would need to be provided to make up for the difference in funding versus the cost of the improvements.

As previously mentioned, from staff’s perspective, the Village parking lot expansion makes sense as potentially a standalone project and could be shelved on an interim basis until budget parameters are made available. The other alternative is to demo the building under the initial contract, which carries a price tag of about $80,000.

The downside to that option is that we would have to take a half-step measure, which would include placement of temporary asphalt over the removed building footprint. V3 has estimated that those costs could be in the neighborhood of $30,000.

The downside to this option is that we would be spending $30,000 for improvements that would have to be removed upon the implementation of the Village parking lot expansion, which would include the regrading that needs to take place to integrate the existing parking lot, relocation of the dumpster enclosure and regrade to make the final project complete.

The advantage would be that the Ace building would be down and temporary asphalt in place, but the full benefits of increased parking would not be fully utilized until the complete Village parking lot expansion project is completed at some point in the future.

In addition, this option would cost an additional $110,000 ($80,000 demo plus $30,000 temporary asphalt and markings), which would come at the expense of improvements within the First Street Plaza Stage 1 and Stage 1A, in order to stay within our $900,000 budget, if a public/private partnership could not be reached.

Concept Plan Approval / Design & Engineering Plans: As the Board has already authorized the design and engineering contracts for the project, we will be operating under the following basic parameters and schedule:

1. We would be designing and engineering the entire conceptual project plan for east of First Street, Stages 1, 1A and 2 under one set of construction and bid documents. We would then establish an agreeable phasing line to be determined as generally outlined in the phasing memo, with the first bid solicitation encompassing the Shoreline Stabilization and First Street Plaza Stages 1 and 1A to be bid along with the alternates for the First Street improvements being bid sometime in January or February.

The balance of the engineering and construction documents would also have been completed at this time, and both the Village Parking Lot Expansion and First Street Plaza Phase 2 could be bid upon the Village Board’s determination of prioritization and funding sources for these projects in the near future.

Below please find a general outline of the schedule for the work to be completed:

Downtown Building Demolition Project – Contract Award Recommendation September 8, 2016 Page 4

Monday, September 12: Authorization to accept the bids and award the contract for the demolition project and approval of the concept plan.

September - December 2016: Design and Engineering Plans finalized for all phases of construction.

November - December 2016: Demolition and grading work completed.

January / February 2017: Solicitation of bids for the first phase as recommended, including Shoreline Stabilization and First Street Plaza Stages 1 and 1A, including the First Street improvements as an alternative

February / March 2017: Bid award and authorization to move forward for first phase construction.

April - July 2017: First phase of the construction work to be completed.

Attached please find a financial summary of projections as it relates to the phasing projects and the Village’s budget.

RECOMMENDATION:

MOTION: Move to accept the overall preferred concept plan for downtown improvements, as prepared.

MOTION: Move to accept the project phasing and prioritization for downtown plan implementation, as presented, for spring 2017 bid solicitation.

MOTION: Move to provide authorization to award the Downtown Buildings Demolition Project to Copenhaver Construction at an amount not to exceed $277,500, and to pursue a Change Order for this contract award to exclude the demolition of Ace Hardware if a public/private partnership for implementation of the village parking lot expansion cannot be reached within 30 days.

If you have any questions, please feel free to contact me.

JAC:kat Attachment

CC: Timothy Scott, Community Development Director George Schober, V3 Companies Village of West Dun ee

TO: Village President and Board of Trus:~ees FROM: Joseph A. Cavallaro, Village Manager . ;J //1 DATE: August11,2016 ( ·~~

SUBJECT: Downtown Concept Plan ~

INTRODUCTION:

Attached please find a copy of the final preferred concept plan that has been prepared, reviewed and altered based on ongoing discussions between the Hitchcock Design Group, V3 and the Village staff. The preparation of this concept plan was authorized by the Village Board in June.

The concept plan is the result of the 3 entities working closely in discussion regarding future land uses, consistency with the recently adopted Downtown Plan, attempting to coordinate with the private redevelopment of 101 S. First Street, consistency of material and design with the Village's past projects and plans within the downtown area, and details of the area such as floodplain, topography, slopes and grades, existing foundations, etc.

BACKGROUND:

Concept Plan Overview -

The basic concept plan is to provide a complete picture evaluation and review of the entire area for the proposed downtown improvements. These areas include the following, listed in priority order:

1. Improvements east of First Street, based on the Village's recent property acquisitions, as well as riverbank stabilization and development (First Street Plaza-Stage 1 and First Street Plaza-Stage 1A).

2. Demolition, restoration and construction of additional parking between First and Second Streets, including the old Ace Hardware building and property (Village parking lot expansion).

3. First Street Plaza - Stage 2, which is the vast majority of the landscaping, Riverwalk and sidewalks, basically south of the northernmost building line of 101 S First and on the north side of the VFW, from the shoreline stabilization area west to the parking lots.

4. The elimination of 2 or 3 parking spaces on First Street just south of Main Street, and widening of the sidewalk for the creation of an outdoor dining area adjacent to 101 W Main Street (proposed Bamboozels location). (First Street improvements)

5. The rehabilitation or construction of common dumpster enclosure in the north parking lot to reduce ongoing maintenance and improve the aesthetics and consistency of the enclosures.

This is a wholesale concept plan for the overall redevelopment of the area. Downtown Concept Plan August 11, 2016 Page2

Budgeting-

Attached please find the most up to date budgeting and accounting related to the Village's $2,000,000 financing commitment toward downtown improvements.

As has been noted, the Village has about $900,000 of funds committed towards the demolition and construction of downtown improvements in this phase.

Attached is a current cost estimate budget as provided by Hitchcock and V3. As was well expected, the $900,000 that was allocated and committed toward the concept plan implementation is not sufficient to meet the overall implementation plan budget. The cost estimate for the entire concept plan as identified is between $1,700,000 and $1,900,000.

The preliminary cost estimate for all of the 7 phases of improvement that were identified above were estimated to be $1,700,000 and $1,900,000.

The bid opening for the building demolition costs took place on Monday, August 8. From the staff and consulting engineer's perspectives, we received very favorable budgetary estimates. Based on the bids and the alternatives that were included in the previously mentioned numbers, the result is a savings of approximately $100,000.

The preliminary cost estimate has now been updated to reflect those actual numbers from the bid results for building demo and structural backfill in order to provide a more accurate cost estimate.

Based on the revised cost estimates reflective of the demo bid results, attached is a revised preliminary cost estimate prepared by V3 and Hitchcock. Please be advised that, on the attachment, the project is broken down into 7 phases, which are listed from left to right in priority order as deemed by both the staff and the consulting engineers. In summary, they include:

Shoreline Stabilization $ 188,500 First Street Plaza - Stage 1 $ 613,822 First Street Plaza - Stage 1A $ 103,857 Village Parking Lot Expansion $ 359,797 First Street Plaza - Stage 2 $ 531,218 First Street Improvements $ 20,846 North Parking Lot Dumpster Enclosure $ 46,543

The purpose of our discussion on Monday night is to ensure that the Board is in concurrence and agreement with the overall concept plan as prepared. Then we can begin to breakdown the concept plan into appropriate developable portions to fit within the existing and future capital improvement budgets for the downtown area.

Project Phasing & Prioritization -

Based on the plan as submitted and the available budget funds, staffs opinion is that the focus of the redevelopment plan should be the property along Route 72 and the riverbank.

Based on the dollar amounts that are available and budgeted, staffs recommendation is that the Village prioritize the first three items listed above, Shoreline Stabilization, First Street Plaza - Stage 1 and First Street Plaza - Stage 1A, as these three items will fit within our budget authorization. Downtown Concept Plan August 11, 2016 Page 3

One thing that should be evaluated is allowing the existing improvements between First and Second Street (Ace Hardware) to remain in place in order to reallocate those dollars east of First Street and other areas of the plan in order to complete a greater percentage of these improvements in a shorter time frame.

As noted by the SSA objectors at the July 20 Board Meeting, none of the downtown stakeholders in attendance at that time believe that there is a benefit to demolition of the Ace Hardware and the creation of additional parking in this immediate area.

Under this scenario, this would require that the Village not pursue the Village Parking Lot Expansion and the demolition of Ace Hardware at this point in time. The reason and rationale is, based on the limited resources that we have, and a decision will have to be made in regards to prioritization of the improvements.

In terms of the Village parking lot expansion project, if we were to allow for the demolition of the Ace building and backfill the area, which would be the basic limited approach in terms of initiating this portion of the project, we would end up with a gravel area where the building current exists. For all intents and purposes, if we are to complete the Village parking lot expansion project, it would be best done in totality, including demo, fill, grading and asphalt, to finish out the project. Otherwise, it will visually detract from the efforts that are being made, and potentially add to maintenance obligations in the area in terms of the gravel material traveling outside of the backfill area.

This project can also easily be viewed as a standalone future project and completed when funds are made available. The engineering work that has been done to date remains valid and in place and will not require updating in the future in order to complete the project.

In regards to the First Street Plaza - Stage 1A, the brick paver patio that is shown to the north of 101 S First is a direct effort and improvement to facilitate and benefit the business recruitment efforts at 101 S First Street.

This should be viewed as a very similar type of arrangement in regards to The Village Squire and Dooley's, where a license agreement exists to facilitate the use of the outdoor patio area, but the underlying property is owned by the Village of West Dundee.

If the physical patio improvements are to be completed, we should have a discussion with the property owner about the cost of this improvement being viewed as a direct offset or reduction to the economic incentive monies that the Village has committed to the 101 S First Street project.

Based on the quantity of brick pavers needed for the patio area, it carries a cost of approximately $30,000.

RECOMMENDATION:

In order to ensure the most cost effective construction approach and maximum impact, the following phases are recommended to be initially constructed.

1. First and foremost is the shoreline stabilization. This will establish the river's edge and allow for additional work up the bank, as opposed to working over newly improved areas in order to complete the riverbank stabilization in the future. Downtown Concept Plan August 11, 2016 Page4

2. Construction of the improvements along Main Street east of First, due to the highly visible nature of this area and in conjunction with the renovation of 101 S. First Street (First Street Plaza-Stage 1 and First Street Plaza-Stage 1A)

In summary, the suggested direction and alternatives are summarized as follows:

1. General agreement with the overall concept plan as prepared.

2. Consensus regarding the recommended project phasing and prioritization, which includes shoreline stabilization, First Street Plaza - Stage 1 and Stage 1A.

3. A commitment to a budgetary allocation toward the above improvements within this fiscal year of $890,000.

4. That the Village pursue the offset of the agreed upon economic incentive at 101 S First Street in the amount of $30,000 in return for the construction of the patio area.

At the conclusion of this discussion, direction from the Board on how to proceed is respectfully requested.

If you have any questions, please feel free to contact me.

JAC:kat Attachment

CC: George Schober, V3 Companies Rick Hitchcock, Hitchcock Design Group Timothy Scott, Community Development Director Eric Babcock, Director of Public Works ROUTE 72 (MAIN STREET) Existing streetscape/ planters

Keep existing foundation wall Stairs

Patio Keep existing foundation wall Stone outcropping

River walk

101 S. FIRST Shoreline stabilization

Dumpster enclosure/ RIVER FOX building mechanicals FIRST STREET SECOND STREET SECOND

V.F.W.

OREGON AVENUE

PREPARED FOR Village of West Preferred Concept Dundee NORTH IN ASSOCIATION WITH: First Street Properties SCALE: 1”=40’ V3 Companies

West Dundee, Illinois 0’ 20’ 40’ 80’ ISSUE DATE: July 21, 2016 All drawings are preliminary and subject to change. © 2016 Hitchcock Design Group . \ _N 1----~~ ...... << I----"'"'

......

REVISIONS V3 Companies 10221 .2 BAH 7 325 Ja n es Av enue i.::N::::.O.l-'D:::.;Ac_:TE=--1------=D.=ES:..:::C:..::;RIP'--'T.:.::IO:..:..N_____ -----l.:_c N04. -=D.:..:.AT'-=E+------=-=DE=S=CR=IP-"Tl=ON-'------IFILENAME, DRAWN BY: xx xx xx Wo o dridge , IL 60517 DESIGN BAH WEST DUNDEE PREFERRED SCHEMATIC 630. 7 2 4.9 2 00 phon e ORIGINAL ISSUE DATE: 630. 724.9202 f ax l--+------

August 17, 2016

Mr. Joe Cavallaro Village Administrator Village of West Dundee I 02 S. Second Street West Dundee IL 60118

Re: Downtown Building Demolition Project Contract Award Recommendation

Dear Mr. Cavallaro,

Bids were opened and read aloud on August 8, 2016 for the Downtown Building Demolition Project. Bids were received from ten contractors and were read aloud and recorded on the attached sheet. On bidder A- I Fowler was found to be non-responsive because they did not include the required Bid Bond. The base bid scope of work includes the demolition and removal of all of the listed building and the legal disposal of all demolished materials. Alternate # I is unit price proposal to furnish, place and compact structural backfill to fill any excavations left due to the removal of foundations basements. Alternate #2 is the cost to allow a third party to salvage bricks from the pump house building. The apparent low bidder is Copenhaver Construction, with a price of $203,000.00 for the base bid and $74,500.00 for the total of all alternates. Copenhaver Corporation's bid was reviewed and it was found to comply with the requirements of the bidding documents. The arithmetic of all bids was checked and no errors were found. A detailed bid tabulation showing the breakdown of all bids received is attached. We are familiar with the work of Copenhaver Construction and they have worked for the Village in the past. There past performance on Village and V3 projects was satisfactory for this type of project. We recommend that the City enter into a contract with the Copenhaver Construction for $277,500.00 which is the total of the base bid work and all alternates for the reference project. Should the Village elect to defer the demolition of the Ace Hardware building, as was suggested during the Committee of the Whole meeting on August 15, 2016, the Village will have to coordinate with the Contractor to delete this item from the contract with a change order. If you have any questions or require further information, please contact me at (630) 291-0064 or by email at [email protected]. Sincerely, V3 COMPANIES OF ILLINOIS, LTD. 4/~ George J. Schober, P.E. Senior Project Manager

GJS/gjs cc: V3 File 10221.1

V3 COMPANIES OF ILLINOIS LTD. • 7325 JANES AVENUE, WOODRIDGE, IL 60517 • PH: 630.724.9200 • FX: 630.724.9802 • V3CO.COM a ( i'l\.~Ji ,r, iJ.lciJ IT{~ ..,i·r~ ~~:It:' Ir f: ·~, ·?."i'//"' Downtown Demolition Plan Holders List-as of August 8, 2016 at 10:00 am 1\J\,

Contractor/Company Address City/State/ZIP Base Bid A~JJJ«te,Ad itive · .- Bid Bond

SbD ro Albrecht Enterprises, Inc. 1684 E. Oakton Street Des Plaines, IL 60018 z_;;! fdO 101, ye~

2. Alpine Demolition Services LLC 3515 Stern Avenue St. Charles, IL 60174 2 ~1', p(}i) Y,·O} .~aa yes

American Demolition 305 Ramona Ave Elgin, IL 60120 7qq. 3IP l3t} 000 '-1 t.s ATTN: DocumenHroce~ I r ~~ -·-· . ~'oo-M

Copenhaver Construction 75 Koppie Dr Gilberts, IL 60136 2oi,.. ; !flOO 1lfiS00 'f-eS

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i{ Dt1iri{i ti 6 Fox Excavating 1305 S. River Street Batavia, IL 60510-9648 ".2- 3~ .,2.GO qi! '\J ec.;;> l, fl~ lJ Green Demolition 1427 W Dickens Chicago, IL 60614 2, 1~, (JO, Vv V ~ zoo I ' "eb I 125 W. Boeger Drive Arlington Heights, IL 60004 I 1~ ;q.,z;D q Johler Demolition 2. tt S.1 ~ "" i 1ff;, -1 (/'li t.j ';} n·. 3 KLF Enterprises 2044 W. 163rd St., Suite 2 Markham, IL 60428 .:.- ' t- f ".' f,,, i« /:--

,er,o_perty--R:ecyding"S-ervite·Corp·'"""='"0·=-= '21so'trearwarerorwe""'-"'"=-"'''"' NOrt}(AU~rt~Ftt'-t:Z::::s;,a·:'.!h:~

~16ignature-DeriiolitioK'seivicei(1';;~ .c ___ ~· Ts4aW'i33r7fr1ace""'""-,,-., - -~ Bridgev"tew, ii -504'55=-= 1 l yO i ~f~ r [A-1- w ,.. f ! l Vi.,l, 1f ~----__J,...,..,.---~ -~ .. ~~--.-. ~-·~~ i.i~~'~Ll_~'6~~oo__ '__ fio __ ~1 & .-----.-=-,---~ Bid Tabulation Village of West Dundee Downtown Building Demolition, Various locations Bid Opening Date August 8. 2016

Bidder '>reen KLF Albrecht Fox American Alpine Demolition Johler Copenhaver Enterprises, Enterprises, Excavating, Demolition Demolition Contractors Demolition, Item Construction Inc. A1 Fowler Inc Inc. Inc. Corporation Services Inc. Inc. Langos Corp Average Building Demolition (89-93 W. Main) $ 60,000.00 $ 55,193.00 $ 71,750.00 $ 70,950.00 $ 49,000.00 $ 112,300.00 $ 65,000.00 $ 72,800.00 $ 80,470.00 $ 53,400.00 $ 69,086.30 Building Demolition (99 W. Main) $ 11,000.00 $ 9,385.00 $ 17,750.00 $ 20,935.00 $ 18,000.00 $ 20,700.00 $ 20,000.00 $ 22,800.00 $ 19,847.00 $ 15,000.00 $ 17,541.70 Building Demolition (118 S. First Street) $ 52,000.00 $ 52,811.00 $ 52,450.00 $ 79,500.00 $ 85,200.00 $ 80,600.00 $ 58,000.00 $ 67,800.00 $ 49,976.00 $ 78,600.00 $ 65,693.70 Building Demolition (Former Pump House) $ 21,000.00 $ 26,450.00 $ 23,450.00 $ 24,175.00 $ 27,520.00 $ 39,400.00 $ 52,000.00 $ 32,800.00 $ 40,169.00 $ 31,600.00 $ 31,856.40 Building Demolition (89 W. Former Fire Station) $ 49,000.00 $ 48,583.00 $ 49,700.00 $ 49,950.00 $ 49,530.00 $ 86,300.00 $ 47,000.00 $ 72,000.00 $ 44,710.00 $ 62,000.00 $ 55,877.30 Unforseen Conditions Allowance $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Base Bid Subtotal $ 203,000.00 $ 202,422.00 $ 225,100.00 $ 255,510.00 $ 239,250.00 $ 349,300.00 $ 252,000.00 $ 278,200.00 $ 245,172.00 $ 250,600.00 $ 250,055.40 Structural Backfill (Alt. 1) $ 73,500.00 $ 116,375.00 $ 98,000.00 $ 105,000.00 $ 87,500.00 $ 133,000.00 $ 35,000.00 $ 98,000.00 $ 159,250.00 $ 108,500.00 $ 101,412.50 Brick Salvage (Alt. 2) $ 1,000.00 $ 1,850.00 $ - $ 2,500.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ - $ - $ 2,235.00 Alternate Total $ 74,500.00 $ 118,225.00 $ 98,000.00 $ 107,500.00 $ 92,500.00 $ 138,000.00 $ 40,000.00 $ 100,000.00 $ 159,250.00 $ 108,500.00 $ 103,647.50

Total with Alternates $ 277,500.00 $ 320,647.00 $ 323,100.00 $ 363,010.00 $ 331,750.00 $ 487,300.00 $ 292,000.00 $ 378,200.00 $ 404,422.00 $ 359,100.00 $ 353,702.90

Engineers Opinion of Cost $373,083.20 Downtown West Dundee Building Demolition and Restoration Preliminary Cost Opinion Reflective of Demolition Bids Received August 8, 2016

First Street Plaza (Stage North Parking Lot Dumpster Shoreline Stabilization First Street Plaza (Stage 1) Village Parking Lot Expansion First Street Plaza (Stage 2) First Street Improvements 1A) Enclosure Pay Item Unit Unit Price Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost Earthwork CY $35 500 $17,500 150 $5,250 100 $3,500 750 $26,250 Curb and Gutter Removal LF $10 133 $1,330 94 $940 35 $350 690 $6,900 171 $1,710 Pavement Removal SY $18 335 $6,038 229 $4,122 90 $1,620 1,690 $30,422 49 $874 Asphalt Surface Removal SY $12 490 $5,875 850 $10,200 863 $10,352 Driveway Removal SY $18 52 $930 Sidewalk Removal SF $4.50 526 $2,367 497 $2,237 400 $1,800 269 $1,211 Storm Sewer Removal LF $10 150 $1,500 150 $1,500 Seal Coat SY $9 2,053 $18,480 HMA Pavement (Full-Depth) SY $53 659 $34,915 975 $51,675 497 $26,353 HMA Pavement (Resurf) SY $19 490 $9,302 196 $3,724 863 $16,391 PCC Driveway SY $95 37 $3,515 B6.12 Curb and Gutter LF $30 375 $11,250 45 $1,350 280 $8,400 668 $20,040 171 $5,130 PCC Sidewalk SF $13 526 $6,838 497 $6,461 275 $3,575 269 $3,497 Brick Paver Sidewalk SF $18 4,419 $79,542 1,576 $28,368 2,759 $49,662 437 $7,866 Topsoil and Sodding SY $12 157 $1,887 104 $1,251 230 $2,760 769 $9,225 Landscaping LSUM - 1 $49,000 1 $4,000 1 $30,000 1 $78,000 Pavement Marking LF $3 380 $1,140 3,500 $10,500 380 $1,140 32 $96 Storm Sewer (12") LF $90 50 $4,500 75 $6,750 150 $13,500 Inlet (2' Diam) EACH $1,500 1 $1,500 1 $1,500 2 $3,000 Catch Basin (4' Diam) EACH $2,000 1 $2,000 1 $2,000 2 $4,000 Manhole (4' Diam) EACH $2,500 1 $2,500 Lighting System LSUM - 1 $20,000 1 $45,000 Lighting Conduit LF $12 400 $4,800 100 $1,200 300 $3,600 300 $3,600 Retaining Wall (Existing Foundation Wall) LF $100 58 $5,800 Stone Outcropping Wall (Shoreline) LSUM - 1 $52,000 1 $46,000 Amphitheatre LSUM - 1 $8,500 Shoreline Stabilization LSUM - 1 $128,000 PROGRAM Dumpster Enclosure EACH $35,000 1 $35,000 1 $35,000 1 $35,000 TOTAL Pump House Alternative (Inc. Design Eng.) 1 $220,000 Subtotal $188,500 $292,563 $63,178 $200,469 $619,472 $15,676 $35,000 $1,414,859 Contingency (12%) $35,108 $7,581 $24,056 $74,337 $1,881 $4,200 $147,163 Construction Total $188,500 $327,671 $70,760 $224,525 $693,809 $17,557 $39,200 $1,562,022 Design Engineering $39,193 $6,999 $21,649 $30,473 $1,196 $2,670 $102,180 Construction Engineering (10%) $32,767 $7,076 $22,453 $69,381 $1,756 $3,920 $137,352 Demolition Costs (As Bid) Building Demolition (89-93 W. Main) $60,000 Building Demolition (99 W. Main) $11,000 Building Demolition (118 S. First Street) $52,000 Building Demolition (Former Pump House) $21,000 Building Demolition (89 W. Oregon Former Fire Station) $49,000 Unforseen Conditions Allowance $6,000 $2,000 $2,000 Structural Backfill (Alt. 1) Unit Price 21 2,270 $47,670 119 $2,499 1,111 $23,331 Brick Salvage (Alt. 2) $1,000 Demolition Subtotal $184,670 $15,499 $77,331 Construction Engineering (Demolition) (10%) $18,467 $1,550 $7,733 TOTAL $188,500 $602,767 $101,883 $353,691 $793,663 $20,509 $45,790 $2,106,804 Cumulative Total $188,500 $791,267 $893,151 $1,246,842 $2,040,505 $2,061,014 $2,106,804 Previous Totals (08/03/16 Opinion) TOTAL $ 188,500 $ 683,215 $ 122,007 $ 377,396 $ 531,218 $ 20,846 $ 46,543 $ 1,969,725 Cost Reduction from previous Opinion $ - $ 80,448 $ 20,123 $ 23,705 $ (262,445) $ 337 $ 753 $ (137,078) er: LJ.J > a5: LL.

Preferred Concept First Street Properties V3 Companies West Dundee, Illinois 155UEDATE:July21,1016 All drawrno:is Mo;> pr.,hmina1y and ~UbJc'

September 8th, 2016 Budget Building Demolition/Site Restoration $ 390,000 Implementation of Hitchcock Site Concept Plan $ 500,000 Engineering, Legal & Contingency Cost Plan $ 100,000 Total Revenue $ 990,000

Legal Expenses $ (7,050) V3 Demo RFP Contract $ (14,000) V3/Hitchcock Rehab/Contruction RFP Prep $ (88,200) Subtotal Costs $ (109,250)

Demolition Bid Results $ (277,500) N/I Ace Hardware $ 77,000 Subtotal Costs $ (200,500)

Downtown Phasing Priority Recommendation Shoreline Stabilization $ (188,500) First St. Plaza $ (327,671) First St. Plaza 1A $ (70,760) Pump House Material Preservation $ (7,000) Subtotal Costs $ (593,931)

Construction Supervision Contract Costs $ (78,000)

Net Total $ 8,319

\\Client\S$\vh-common\_SUBJECT FILES_\Downtown\1st & Main (former Samata Properties)\Budget & Financials\DowntownPlanImplemenationBudget-2mBondIssue 9/9/2016 Sheet1 10:09 AM Conceptual Budget Evolution - Village Costs - $2,000,000 Bond Issue Proceeds

Committed September 8, 2016 Budget Project Costs Paid to Date 1) BDI Market Study $2,500 $2,450 $2,450 2) Hitchcock Site Concept Plan $5,000 $8,000 $6,650 3) Acquisition - Samata Parcels (Actual Cost at Closing) $550,000 $525,805 $525,805 4) Economic Incentive Budget - 101 S First St $350,000 $350,000 5) Engineering, Legal & Contingency Costs $100,000 a) V3 Demo RFP Prep $14,000 $13,985 b) V3/Hitchcock Rehab/Construction RFP Prep $88,200 $28,791 c) Legal Fees $7,050 SUBTOTAL: $1,007,500 $988,455 $584,731

6) Building Demolition / Site Restoration $390,000 7) Implementation of Hitchcock Site Concept Plan $500,000 8) Downtown Economic Incentives - Other Properties $120,000 a) 109 & 111 W Main $42,365 $42,365 b) Grid 7 Properties - 109 W Main $10,022 $10,022 c) TDK Realty - 111 W Main $8,260 $8,260 d) 101 S. First St $58,000 $1,010,000 $118,647 $60,647

TOTAL: $2,017,500 $1,107,102 $645,378

TO: Village President and Board of Trustees

FROM: Eric Babcock, Director of Public Works

DATE: September 8, 2016

SUBJECT: Recommendation to Award Tree Planting Contract and Purchase Trees - 2016 Parkway Tree Replacement Program

INTRODUCTION:

At the Regular Village Board Meeting on August 22, 2016, the Village Board authorized staff to solicit proposals for both phases of the 2016 Parkway Tree Replacement Program, including proposals for contractual tree planting services and the purchase of trees.

BACKGROUND:

At 10:00 AM on Thursday, September 8, 2016, three sealed proposals were opened at the Public Works facility for contractual tree planting. The low proposal was provided by Trinity Landscaping of West Dundee, IL at a price of $80.00 per tree, translated to a total cost of $12,240.00 for 153 trees planted. The complete bid results are attached for your review.

At 11:00 AM on Thursday, September 8, 2016, five sealed proposals were opened at the Public Works facility for purchase of the trees. As anticipated, no single vendor offered the lowest price for each desired tree species exclusively. Therefore, staff is recommending that a total of 153 trees be purchased from multiple vendors according to the lowest price per species. The complete bid results are attached for your review.

After review of the proposals, desired tree species and quantities, the total expenditure for the 2016 Parkway Tree Replacement Program is anticipated to be $39,846.08. An amount of $30,000.00 was approved in the Fiscal Year 2016/2017 Budget for tree planting. The total revenue received from all 50/50 Program contributions is $12,350.00, increasing the maximum allowable funding to $42,350.00. This leaves a project contingency allowance of $2,503.92 to address unforeseen issues. The following is a breakdown of these costs:

Description Cost

Fiscal Year 2016/2017 Approved Tree Planting Budget $30,000.00

50/50 Program Revenue $12,350.00

Supplemented Tree Planting Budget $42,350.00

50/50 Program Expenditure for Tree Planting $12,350.00

Village Expenditure for Tree Planting $27,496.08

Total Anticipated Program Expenditure $39,846.08

Program Contingency Allowance $2,503.92 Recommendation to Award Tree Planting Contract and Purchase Trees – 2016 Parkway Tree Replacement Program September 8, 2016 Page 2

A complete outline of costs associated with the 2016 Parkway Tree Replacement Program is attached for your review and consideration. The outline includes a detailed breakdown indicating tree costs by vendor and species, plus installation costs.

In summary of the 2016 Parkway Tree Replacement Program, the Village will have the ability to plant 153 new parkway trees well distributed throughout the community at a total cost below the approved budget.

RECOMMENDATION:

Therefore, it is respectfully requested and recommended that:

MOTION: Move to award a contract to Trinity Landscaping of West Dundee, IL for the contractual planting of 153 parkway trees at a total cost of $12,240.00 to support the 2016 Parkway Tree Replacement Program.

MOTION: Move to authorize Public Works staff to purchase 45 trees from Ohana Farms, Inc. of Marengo, IL at a total cost of $8,775.00, 75 trees from Schichtel’s Nursery, Inc. of Springville, NY at a total cost of $12,214.00 and 33 trees from Site One Landscape Supply of Cleveland, OH at a total cost of $6,617.08 for a combined grand total of $27,606.08 for 153 parkway trees to support the 2016 Parkway Tree Replacement Program.

VILLAGE OF WEST DUNDEE 2016 BID FOR TREE PLANTING SERVICES Thursday, September 8, 2016 at 10:00 AM

TOTAL PRICE 2.5" ADD'L BASED ON 3.0 " 3.5" 4.0" TREE TREE BIDDER 153 2.5"TREES Trinity Landscaping $12,240.00 $80.00 $80.00 $82.00 $95.00 $95.00

Dundee Landscape $13,770.00 $90.00 $90.00 $100.00 $105.00 $110.00

Langton Group $28,305.00 $185.00 $185.00 $195.00 $195.00 $205.00 VILLAGE OF WEST DUNDEE 2016 BID FOR TREE STOCK REPLACMENT RFP Thursday, September 8, 2016, 11:00am

Tree Species

Emerald Lustre Crimson King State Street Green Mountain Green Mountain Redmond Little Leaf Swamp White Skyline Honey Accolade Marmo Maple Scarlet Oak Burr Oak Maple Maple Maple Maple Linden Linden Linden Oak Locust Elm Vendor 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5

Site One $217.11 $190.11 $203.95 $221.05 $216.18 $197.37 $198.71 $190.71 $200.00 $239.79 $180.98 $186.91 $253.43

Schichtels N/A $160.00 $160.00 N/A $174.00 N/A $160.00 $160.00 N/A N/A N/A $148.00 $179.00

Ohana Farms $195.00 N/A N/A N/A N N/A N/A N/A $195.00 $195.00 $195.00 $195.00 $195.00

Good Mark N/A N/A N/A N/A N/A N/A $240.00 $240.00 N/A N/A N/A N/A N/A

St. Aubin $324.00 $324.00 $344.00 $344.00 $314.00 $324.00 $324.00 $344.00 $344.00 $334.00 $334.00 $324.00 $334.00

N/A Either was not available or did not meet specifications 2016 PARKWAY TREE REPLACEMENT PROGRAM

Species Quantity Stock Cost 2.5" Cost w/out Install Total Cost Per Tree Install Cost Total Cost Marmo Maple 27 $195.00 $5,265.00 $275.00 $80.00 $7,425.00 OHANA FARMS Bur Oak 8 $195.00 $1,560.00 $275.00 $80.00 $2,200.00 Scarlett Oak 10 $195.00 $1,950.00 $275.00 $80.00 $2,750.00 VENDOR TOTALS 45 $8,775.00 $12,375.00

Species Quantity Stock Cost 2.5" Cost w/out Install Total Cost Per Tree Install Cost Total Cost Emerald Lustre Maple 16 $160.00 $2,560.00 $240.00 $80.00 $3,840.00 Little Leaf Linden 7 $160.00 $1,120.00 $240.00 $80.00 $1,680.00 Skyline Honey Locust 8 $148.00 $1,184.00 $228.00 $80.00 $1,824.00 SCHICHTEL'S Redmond Linden 8 $160.00 $1,280.00 $240.00 $80.00 $1,920.00 NURSERY Accolade Elm 6 $179.00 $1,074.00 $259.00 $80.00 $1,554.00 Green Mountain Maple 14 $174.00 $2,436.00 $254.00 $80.00 $3,556.00 Crimson King Maple 16 $160.00 $2,560.00 $240.00 $80.00 $3,840.00 VENDOR TOTALS 75 $12,214.00 $18,214.00

Species Quantity Stock Cost 2.5" Cost w/out Install Total Cost Per Tree Install Cost Total Cost State Street Maple 12 $221.05 $2,652.60 $301.05 $80.00 $3,612.60 SITE ONE Green Mountain Linden 10 $197.37 $1,973.70 $277.37 $80.00 $2,773.70 Swamp White Oak 11 $180.98 $1,990.78 $260.98 $80.00 $2,870.78 VENDOR TOTALS 33 $6,617.08 $9,257.08

Total Trees 153 Total Cost $39,846.08 Village of West Dun ee

TO: Village President and Board of Trustees

FROM: Joseph A. Cavallaro, Village Manager

DA TE: September 8, 2016

SUBJECT: Draft Rules and Polices Regarding Publi

INTRODUCTION:

Pursuant to the Village Board's request last month, below please find some reference material, as well as draft information and policies that the Board can consider formally adopting in regards to public comments.

BACKGROUND:

Please be advised that the Village has for some time had "Questions from the Audience" included on its Regular Board Meeting agendas, limited to 5 minutes and not to exceed 30 minutes in total, which is well within the prescribed guidelines as established by all municipalities, in terms of facilitating an orderly and logical conduct of Village Board business while facilitating public participation in the process.

In addition, please be advised that the Village has had, for a number of years, formal procedures and rules for use of public hearings and a public comment registration form, a copy of which is attached. The comment form has been primarily used for more well attended public hearings, but the procedures are used on a consistent basis at the Village Board and Planning & Zoning Commission when holding a public hearing.

Pursuant to Trustee Hanley's request, we have prepared a draft of an informational sheet for general rules and policies regarding public speaking at Village Board Meetings, as well as a formal sign up sheet that the Board can utilize on a meeting by meeting basis.

Attached is a copy of the relevant section in regards to order of business as adopted by the Village within the municipal code.

The only change to this section of the code that I would recommend is to specifically, under Item A - Questions from the Audience, to add language limiting the comment period to 5 minutes per speaker and not to exceed 30 minutes.

Pursuant to Trustee Hanley's request, attached are more literal interpretations of Roberts Rules of Order, as well as a summary which covers most of the procedures that our Village Board typically contends with. This information was prepared by our former Village Attorney Rich Flood's book, A Practical Guide to Local Government, which includes 8 particular motion items that our Village Board most utilizes. Draft Rules and Polices Regarding Public Comments September 8, 2016 Page2

In addition, attached is a chart that summarizes the Parliamentary Procedures necessary on most motions or actions to be taken, including necessary seconds, is it debatable, amendable, and what the requirements are for a vote.

RECOMMENDATION:

Please be advised that a general discussion of this item is requested on Monday evening. The two items that we need formal action by the Board, if the Board is agreeable, are:

1. Adoption of Policies and Guidelines for Public Comment, which would then be part of the formal record of Policies and Procedures for the Village.

2. Adoption of an ordinance amending the Order of Business section of the Village Code, specifically identifying and amending the language regarding Questions from the Audience.

If the Board is in agreement with these recommendations, draft ordinances amending the Order of Business and adopting the Policies and Guidelines for Public Comment will be prepared and presented at the September 26, 2016 Board Meeting for formal adoption.

If you have any questions, please feel free to contact me.

JAC:kat Attachment

CC: Department Managers Barbara Traver, Village Clerk Kim Tibbetts, Deputy Clerk Village of West Dun ee

Public Meeting Participation Polices and Guidelines

The Village of West Dundee has formally adopted rules and procedures in order to be in compliance with the Open Meetings Act within the State of Illinois. The Village of West Dundee encourages and welcomes the opportunity for public participation and comments into the Village's decision making process, under the following parameters.

1. We would ask that you sign in on the sign-in sheet that is placed on the table, denoting your desire to speak to the Board.

2. The Village President may limit public comment by speakers who have voiced the same concerns or comments publically at a previous meeting. At the Village President's discretion, public comment may be limited if it is repetitive.

3. When called upon to speak, we would ask that you approach the dais and speak into the microphone on the table or at the podium. We ask that you address the Board directly, and not direct your comments to the audience.

4. At the beginning of your comments, please state your name, and if you are so inclined, please state your address. Remarks shall be limited to 5 minutes per speaker.

5. The public comment period shall be a maximum of 30 minutes per meeting.

6. Board members may ask a speaker questions following the speaker's presentation.

7. Please be aware that the Village Board is not required to respond to your remarks during the course of the meeting. Speakers may submit materials, written testimony, pictures, etc, to the Village Clerk for the Board's consideration.

8. Speakers who wish to appear before the Board on complex issues are encouraged to mail or email written comments to the Village Hall for Board members to review before the meeting.

9. Handheld posters and placards are not allowed in the Board Room.

10. We would ask that individuals regulate the tenor of their speech and how their comments are delivered. The Village will not tolerate or facilitate speech that is offensive or disrespectful. Comments that are abusive or harassing, or which state personal attacks will not be permitted. Speakers will not be permitted to make condescending comments or name-call. Speakers shall be courteous and shall not personally disrespect any Board member, staff member or any other member of the audience. Robert's Rules Of Order J Quick Reference Page 1 of 2

RobertsRules.org I Robert's Rules of Order - Summary Version

For Fair. and Orderly Meetings & Conventions

Robert's Rules, full text (1915 version) Introduction to Robert's Rules Quick Chart of Motions Chart of Motions in Arabic

Provides common rules and procedures for deliberation and debate in order to place the whole membership on the same footing and speaking the same language. The conduct of ALL business is controlled by the general will of the whole membership - the right of the deliberate majority to decide. Complementary is the right of at least a strong minority to require the majority to be deliberate - to act according to its considered judgment AFTER a full and fair "working through" of the issues involved. Robert's Rules provides for constrnctive and democratic meetings, to help, not hinder, the business of the assembly. Under no circumstances should "undue strictness" be allowed to intimidate members or limit full participation.

The fundamental right of deliberative assemblies require all questions to be thoroughly discussed before taking action!

The assembly rules - they have the final say on everything! Silence means consent!

• Obtain the floor (the right to speak) by being the first to stand when the person speaking has finished; state Mr./Madam Chairman. Raising your hand means nothing, and standing while another has the floor is out of order! Must be recognized by the Chair before speaking! • Debate can not begin until the Chair has stated the motion or resolution and asked "are you ready for the question?" If no one rises, the chair calls for the vote! • Before the motion is stated by the Chair (the question) members may suggest modification of the motion; the mover can modify as he pleases, or even withdraw the motion without consent of the seconder; if mover modifies, the seconder can withdraw the second. • The "immediately pending question" is the last question stated by the Chair! Motion/Resolution - Amendment - Motion to Postpone • The member moving the "immediately pending question" is entitled to preference to the floor! • No member can speak twice to the same issue until everyone else wishing to speak has spoken to it once! • All remarks must be directed to the Chair. Remarks must be courteous in language and deportment - avoid all personalities, never allude to others by name or to motives! • The agenda and all committee reports are merely recommendations! When presented to the assembly and the question is stated, debate begins and changes occur! The Rules

• Point of Privilege: Pertains to noise, personal comf01i, etc. - may interrupt only if necessary!

htto ://www.robertsrules.om/indexorint.html 9/7/2016 Robert's Rules Of Order I Quick Reference Page 2 of 2

• Parliamentary Inquiry: Inquire as to the correct motion - to accomplish a desired result, or raise a point of order • Point of Information: Generally applies to information desired from the speaker: "I should like to ask the (speaker) a question." • Orders of the Day (Agenda): A call to adhere to the agenda (a deviation from the agenda requires Suspending the Rules) • Point of Order: Infraction of the rules, or improper decorum in speaking. Must be raised immediately after the error is made • Main Motion: Brings new business (the next item on the agenda) before the assembly • Divide the Question: Divides a motion into two or more separate motions (must be able to stand on their own) • Consider by Paragraph: Adoption of paper is held until all paragraphs are debated and amended and entire paper is satisfactory; after all paragraphs are considered, the entire paper is then open to amendment, and paragraphs may be further amended. Any Preamble can not be considered until debate on the body of the paper has ceased. • Amend: Inserting or striking out words or paragraphs, or substituting whole paragraphs or resolutions • Withdraw/Modify Motion: Applies only after question is stated; mover can accept an amendment without obtaining the floor • Commit /Refer/Recommit to Committee: State the committee to receive the question or resolution; if no committee exists include size of committee desired and method of selecting the members (election or appointment). • Extend Debate: Applies only to the immediately pending question; extends until a certain time or for a certain period of time • Limit Debate: Closing debate at a certain time, or limiting to a certain period of time • Postpone to a Certain Time: State the time the motion or agenda item will be resumed • Object to Consideration: Objection must be stated before discussion or another motion is stated • Lay on the Table: Temporarily suspends further consideration/action on pending question; may be made after motion to close debate has carried or is pending • Take from the Table: Resumes consideration of item previously "laid on the table" - state the motion to take from the table • Reconsider: Can be made only by one on the prevailing side who has changed position or view • Postpone Indefinitely: Kills the question/resolution for this session - exception: the motion to reconsider can be made this session • Previous Question: Closes debate if successful - may be moved to "Close Debate" if preferred • Informal Consideration: Move that the assembly go into "Committee of the Whole" - informal debate as if in committee; this committee may limit number or length of speeches or . close debate by other means by a 2/3 vote. All votes, however, are formal. • Appeal Decision of the Chair: Appeal for the assembly to decide - must be made before other business is resumed; NOT debatable if relates to decorum, violation of rules or order of business • Suspend the Rules: Allows a violation of the assembly's own rules (except Constitution); the object of the suspension must be specified

© 1997 Beverly Kennedy

http://www.robertsrules.org/indexprint.html 9/7/2016 84 85

PARUAMENTARY PROCEDURES AT A GLANCE

Is Motion To Do This: You Say This: Is Motion Amendable? What Vote is Required? Debatable?

Consider something out of its I move we suspend the rules and Two-thirds of members present & Yes No No scheduled order consider ... voting or by unanimous consent Object to procedure or Point of order or point of request information No No No None, chair decides information Introduce business (a primary motion) I move that ... Yes Yes Yes Majority

Amend a motion I move that this motion be amended by ... Yes Yes Yes Majority Postpone consideration of I move we postpone this matter until ... (either date certain or Yes (unless it is to something Yes j Yes Majority indefinitely) postpone indefinitely)

Take up a matter previously l,r postponed I move we take from the table ... Yes No No Majority J End debate I move. the previous Two-thirds of members Yes Yes Yes (calling the question) question or I call the question 1,, present & voting Ask for roll call vote to verify I call for a division of the voice vote assembly No ,,l No No None, the request alone is sufficient Reconsider something I move we now (or later) I Yes, if the Majority, unless it is reconsidered already reconsider our action Yes original motion No under a state statute requiring a disposed of relative to ... ,,r I was debatable two-thirds vote Vote on a ruling by the chair I 'I appeal the chair's decision Yes l Yes No Majority must vote to reverse i' t No, if business is Recess ' I move that we recess until ... Yes '1 pending, Yes Majority l otherwise yes Adjourn I move that we adjourn Yes r No No Majority l \"· ,? ! ·',·. ·.• CHAPTER EIGHT MEETNGS, MEETINGS AND MORE MEETNGS ~ 70 71

RICH'S RULES OF ORDER sound experienced. Hopefully someone will second your motion. If there is no second, the motion will die for lack of a second. Once a The paperback version of the 10th edition of Robert's Rules of Order, motion is moved and seconded, it goes before your body for consid­ a "newly revised" version of rules for regulating parliamentary eration and then action. Historically, motions and seconds should procedure is 704 pages long. Just trying to read this book, let alone be made prior to discussion. In current practice, however, it is now understand it, could consume your entire term of office and worse more customary to discuss a matter first and to follow the discus­ yet, could cause irreparable personality damage. Fortunately, it will sion with a motion and vote. not be necessary for you to memorize Robert's Rules of Order. Instead, to assist you, we have created a short summary which Amending and Dividing A Motion covers most of the procedures you will need to know in order to Amending a motion is quite similar to making a motion, just say, conduct and participate in 99% of all meetings.2 Remember, too, "I move that we amend the motion:' This amendment either must that by a two-thirds vote, your body can suspend Robert's Rules be accepted by the party making the motion or seconded by another when you get bogged down in procedural matters. member of the body. The next vote, if a motion and second is made, will be a vote on the amendment. Then, if the amendment passes, Agenda the amended motion is voted upon. If it should fail, then a vote is · Remember that to comply with the Open Meetings Act, you must made on the original motion. Once you have made a motion, it have a published agenda and can only vote on items listed on that stops being "your" :rp.otion and becomes your board's or council's, agenda. Unless your agenda order is set by ordinance, you are per­ and without amending it as described here, you cannot unilaterally mitted to change the order of business at the start of the meeting by change your motion. You also can split a motion into two or more a simple motion and majority vote. Similarly, a petitioner can ask at parts by moving to "divide the question:' This is a useful manage­ the start of the meeting to have an item removed. ment tool when questions are complex or controversial. It lets you split the matter into more manageable pieces so you can vote on Motions and Discussion the easier issues and then further debate the more controversial or It is quite simple to make a motion. After observing common courtesies complicated issues. such as letting the last speaker finish and after you have addressed and been recognized by the president or mayor, you simply say, "I Tabling versus Postponing move that ... we adopt an ordinance/resolution/ to spend some When tabling matters, you need to indicate if the matter will be I moneY:' If you wish to deny an application, then say as much. For IJ tabled to a specific date or indefinitely. In practice, tabling a matter !1 example, "I move to deny the rezoning request:' Although many ,1 effectively kills it since a new motion is needed to remove an item people still try to do so, it is not necessary to make the motion in from the table. In contrast, you can postpone a matter to a time I the positive and then vote against it. That is a confusing and archaic certain or indefinite without requiring a motion to resurrect it. practice that is well abandoned. Also, please note that the correct This is useful if a petitioner asks for a delay because they are not yet I expression is "I move:' Please do not say "I motion" if you want to ready to present or if your body thinks an item needs more prepara­ tj f. tion before you consider it. For example, "I move that we postpone fl 2At the end of this Chapter, we also have included a short "Parliamentary Procedures ' this matter until the last item on the agenda" or "I move to postpone u at a Glance" "cheat sheet" with the most common procedures as a reference guide

~~r~our__ first few meetin~=~-- . _ ·= .. ___ _ L j

CHAPTER EIGHT MEETNGS, MEETNGS AND MORE MEETINGS 72 73

Voting At A Glance 1· this-ma:er-until the next meeting;' or "I move to table this matter With respect to voting issues, please note that some matters such as ii indefinitely:' acceptance of reports and minutes do not require a roll call vote. ~ There are other matters such as expenditure of money and passage I Calling the Question or limiting Debate of ordinances and resolutions that require a roll call vote. It is important This simply means that you are asking to end the discussion. If a to note that under state law, there are many instances where special motion to call the question is made, it must be seconded, and then voting rules are required such as those where more than a majority of iii i the motion may be debated. Please note that a two-thirds vote is those voting or those holding office is required for passage. This is known required to call a question. In practice, calling a question can be as a supermajority vote. At the end of this Chapter, we have included a fl table summarizing many of the voting requirements under state law. Your I problematic for a public body since doing so immediately ends the discussion. As we discuss elsewhere in this book, you should pro­ staff and attorneys should offer you some guidance when these superma­ i jority votes are required. h ceed only with great caution and in only very limited circumstances, !J if ever, before you consider limiting public deliberation. In most municipalities, the mayor or president may vote where there is I a tie vote, or where one-half the aldermen or trustees vote in favor and a I Point of Order simple majority is required, or when a supermajority vote of the corpo­ l If one makes a point of order, you are simply seeking clarification rate authorities is required. In a minority of municipalities, the mayor or fi from the chair regarding a procedural matter. A vote is not required; president votes on all matters but has no veto power. Also, contrary to I the chair decides the matter. This is similar to a point of information popular practice, if you abstain, your vote will be counted with the majority where a member of the body is requesting certain information. An if all that is required is a majority vote. However, if a supermajority vote i example of a point of order would be "Madam President, do we need is required by statute on a particular issue, then an abstention counts as a ll a roll call vote on this?" A point of order made for the purposes of negative vote. Depending on the form of government you have, the mayor objecting to the process chosen by the chair requires a majority vote is given some veto power for certain ordinances, motions or resolutions to overrule the chair's decision. that would create liability for the municipality, provide for the expendi­ ture or appropriation of money or involve the sale of municipal property. Reconsidering In those circumstances, there is a procedure, too, for overturning mayoral

When reconsidering a matter, two votes are taken. One is to con­ vetoes by a supermajority vote. L- sider whether a vote will be taken. This motion only can be made by someone who had originally voted on the original prevailing side. Second, if it is agreed that the item may be reconsidered then the original vote is reconsidered and voted upon. Remember that gener­ ally you cannot reconsider a vote that was the subject of a public hearing or if rights have been affected since the last vote. Also, state law provides time limits and procedures on motions to reconsider passed over the mayor's or president's written objection. Motion to Adjourn Finally, note that a motion to adjourn is not debatable or amendable.

CHAPTER EIGHT MEETINGS, MEETINGS AND MORE MEETINGS CITIZEN ADVOCACY CENTER Building Democracy for the 21st Century II CITIZEN ADVOCACY CENTER PUBLIC COMMENT: MAY I ADDRESS THE ELECTED OFFICIALS AT MY PUBLIC BODY?

Contents BACKGROUND...... · ...... 2 REASONABLE REGULATIONS ...... '...... 2 Govern.ment Interest ...... 2 Time Restrictions ...... 3 Place Restrictions ...... 3 Manner Restrictions ...... 3 PROTECTED SPEECH ...... 3 Political Speech ...... 4 EXAMPLES OF UNCONSTITUTIONAL RESTRICTIONS ON SPEECH ...... 5 Maintaining Decorum - "Niceness" Policies "''."""'""'" ...... 5 Repetitive Comments ...... -...... 5 Other Content-Based Restrictions ...... 6 Unfettered Discretion ...... 6 BEST PRACTICES ...... 6 Protect Political Speech· ...... 6 Limit Total Time Period and Time Per Speaker ...... 6 Sign in requirements ...... 7 Notice for Public Comment...... 7 Suggested language for a public comment policy: ...... : ...... 7 Suggested Placement of public comment within the policy: ...... 7

This brochure is meant to provide a general guide to freedom of speech at public body meetings and should not be taken as legal advice.

Citizen Advocacy Center (CAC) is an award winning, non-partisan, 501 (c)(3) non-profit, free community legal organization, founded in 1994, dedicated to building democracy for the 21st Century by strengthening the public's capacities, resources, and Institutions for self-governance.

182 N. York St., Elmhurst, IL601267 www.CitlzenAdvocacyCenter.org P (630)833-4080. ~ F (p38)8~~-4083 PUBLIC COMMENT: MAY I ADDRESS THE ELECTED OFFICIALS AT MY PUBLIC BODY?

Have you ever found yourself wondering, "Am I allowed to speak at a government meeting?" "When is it my chance to talk?" "Can the public body limit how long I speak or what I say?" "Is it ok for the public body to cut me off?" 'What if I have something to say th.at isn't popular?" This "Tool To Use" is offered by CAC to provide background information regarding the right of an individual to speak at local government meetings as allowed under the Illinois Open Meetings Act and the First Amendment. It outlines reasonable government restrictions that a public body may implement. It also includes a sample public comment policy that evidences best practices.

BACKGROUND Public comment provides one of the few avenues that the public has to make public statements to elected officials on matters of public concern. Prior to January 1, 2011, the Illinois Open Meetings Act (OMA) did not guarantee members of the public the right to address public bodies. Section 2.06(g) of OMA went into effect January 1, 2011 and requires that all public bodies subject tci OMA provide an opportunity for members of the public to address public officials at open meetings. Under the OMA, when a majority of a quorum of public officials from a particular government body gather and discuss public business, those meetings must be convened openly, or in the public eye, unless there is a legally sufficient reason that permits the public body to meet in closed, or executive session. The right to address public bodies at open meetings is not without limits. While the OMA is clear that the public has a right to speak during a meeting of the public body, that right is subject to reasonable limitations by the public body. The law requires public bodies to publish their public comment rules. As such, many public bodies are in the process of drafting or revising their public comment rules of procedure. CAC routinely fields questions about public comment rules published in response to the "right to speak" provision of the OMA. Namely which rules are permissible, and which are not? What are reasonable limitations on the right to speak?

REASONABLE REGULATIONS Although the OMA addresses the types of rules a public body may adopt, the general rule is that public bodies may only adopt "content-neutral" rules which are reasonable time, place, and manner restrictions necessary to further a significant government interest. Two questions come to mind: What is a significant governmental interest? And what can public bodies do to limit public comment?

Government Interest Most time, place, and manner restrictions on public comment periods may be justified by the significant governmental interest of having efficient business meetings.

2 Time Restrictions An example of time regulation is a protest in a busy city during rush hour traffic. The First Amendment protects the right to protest but the government may regulate the time period of that protest and weigh the right to protest against everyone else's right to travel roads and utilize sidewalks. At an open government meeting, the public body will have a designated time(s) for the public to speak directly to the government body on the agenda. Members of the public should not yell out or interrupt the meeting from their seats (a possible consequence includes removal from the meeting). Rather, an individual should wait to be recognized by the meeting Chairperson and then address the public body during the specified time period. A public body has the authority to determine the time-frame during an open meeting for the public to speak. An example would be three minutes per speaker for a total public comment period of 30 minutes.

Place Restrictions An example of a place restriction would be a protest in a bustling city where protesters are limited to certain spaces or prevented by barriers from jaywalking or crossing streets. When government restrictions on your speech are based on your physical location or based on the order of the agenda for a meeting, without regard to the content of your speech, this is called a place restriction. In the context of an open government meeting, a government entity has the discretion as to where to place the public comment period: public comment may be near the beginning of the meeting, towards the end of the meeting, in both the beginning and end, or even multiple times throughout the public body's discussion of different agenda items.

Manner Restrictions A classic example of a manner restriction is noise regulation. You have the right to speak at an open meeting, but you may not speak into a megaphone in making your public comment. Public bodies may require you sign in for public comment and state your name before speaking. If you attend an open meeting, you will likely find a sign in sheet for public comment, or at the very least a copy of the agenda for the meeting with "Public Comment" listed as an item. Illinois public bodies may not require any speaker to state his or her physical or residential address. See Illinois Attorney General Public Access Opinion 14-009.

PROTECTED SPEECH During public comment, your right to speak is protected by the First Amendment. What does this mean in practical terms? According to Constitutional law, a public body cannot limit your speech based on its content, meaning the members of the public body cannot limit what you have to say because: • it's members do not like what you are saying; • it's members "have already heard it"; or • the speech is critical of government.

3 Federal law differentiates between the types of places in which individuals express themselves as well as the value of that expression. For example, common places for gatherings have always included parks and streets. These are considered public forums. Public forums are treated as arenas sacred to public discourse. In a public forum, the government may only impose reasonable time, place, and manner restrictions, also known as content-neutral restrictions, to further a significant government interest. Conversely, the government is prohibited from regulating the content of speech unless it can articulate a compelling government interest to do so, which is a very high standard and rarely met. National security is a prime example. In Illinois, open meetings must set aside time for public·comment. This is obligatory. The public body may not opt into or out of public comment at its discretion. The public comment period in Illinois is a type of "public forum" as described in First Amendment law; it is not like a sidewalk or a public park, but it is related in that a "designated forum" has been created. A designated forum is that which the government makes available to a class of speakers for the allowance of expressive activity. In other words, the government has specifically carved out a period of time for people in attendance to speak. Therefore the government cannot restrict the content of speech during the designated forum unless it can articulate a compelling governmental interest to restrict the content of speech. Under this standard, courts scrutinize the regulation at hand very closely and abide strictly with First Amendment principles.

Political Speech The central feature of American democracy is an engaged public contributing to public debate. That is why political speech is special under First Amendment law and why public comments to a government body are considered political speech by nature. First Amendment law even protects people who are speaking out of hatred, although speakers need be wary of defamation and similar lawsuits. This was eloquently stated by former Supreme Court Chief Justice Rehnquist as follows:

Debate on public issues will not be uninhibited if the speaker must run the risk that it will be proved in court that he spoke out of hatred; even if he did speak out of hatred, utterances honestly believed contribute to the free interchange of ideas and the ascertainment of truth. Thus, while such bad motive may be deemed controlling for purposes of tort liability in other areas of the Jaw, we think the First Amendment prohibits such a result in the area of public debate about public figures.

Hustler Magazine v. Fawell, 485 U.S. 46 (1988) (internal citations omitted). Ultimately, as put by Justice Rehnquist, comments offered in critique of the public body or in broaching unpopular subjects contribute to the public debate. This means that a public body may not pre-empt your speech by forbidding you from making "critical" or "personal" comments, or place other content-based restrictions on your comments. While speakers must guard against defamation, they may certainly offer biting critiques of elected officials.

4 EXAMPLES OF UNCONSTITUTIONAL RESTRICTIONS ON SPEECH Under the auspice of maintaining civility and an environment conducive to business, the following are examples of restrictions that a government body may try to impose during public comment (when the speaker is engaged in political speech) which impact the content of speech. One way to vet whether a restriction is a neutral or content-based is to ask if the speech used during public comment violate the restriction. Below are some common type·s of restrictions: Viewpoint Restrictions A viewpoint restriction is a type of content-based restriction, but is particularly anathema to the First Amendment because it blatantly favors or disfavors one point of view over another. For example, a public body is unreasonable if it only allows for "peaceful labor picketing" or "pro-union picketing" near schools but excludes picketing related to other issues in the same places based on content. (For more on this, read the 1972 Supreme Court case Po/fee Dep't of Chicago v. Mosley, which can be found at 408 U.S. 92.) As another example, a government may not allow only proponents of an issue to speak. As an extreme example, • "Only people who have good things to say about this public body may speak. No one may criticize the public body.

Maintaining Decorum - "Niceness" Policies A decorum or "niceness" policy attempts to regulate the tenor of individual speakers and how they deliver a comment, forbidding speech that is "offensive" or "disrespectful." They are also considered vague. Here are some other examples of "niceness" policies: • "Comments that are abusive and harassing, and/or state personal attacks will not be permitted. " • "Speakers will not be permitted to make condescending comments and name call any board member." • "Speakers shall be courteous and cannot personally disrespect any board member."

Repetitive Comments Each member of the public has the same First Amendment freedom to speak. First Amendment freedoms are violated when a public body doesn't allow each person the same opportunity as others to speak during a public comment period. When a public body attempts to restrict "repetitive comments" it deprives a show of strength in numbers and speech encompasses more than the words used; it includes mannerisms and individual styles of delivery. A limited time period per speaker prevents unduly repetitive comments. · Examples: • "The presiding officer may limit public comment by speaker(s) who have voiced the same concerns publicly at previous meetings." • "At the presiding officer's discretion, public comment may be limited if it ls repetitive. "

5 Other Chair-Based Restrictions Content~based restrictions might apply to any subject or content. As a general rule, public comment policies may limit comment to matters pertaining to the local government, but cannot decide that only some aspects of local government can be discussed and not others. • "Speakers may express themselves only on the topic of school curricula, and not on the school administration or school faculty and staff."

Unfettered Discretion Unfettered discretion describes the broad authority that is given by law, regulation, or policy that permits a governmental official to restrict speech without benefit of unequivocal standards to enforce the law. Broad discretion gives too much latitude· to a government official who exercises decisions based on personal opinion rather than on unequivocal standards. As an extreme example: • "The Chairperson may eject any member of the public from the meeting for any reason at any time."

BEST PRACTICES When public bodies write the rules that govern pubiic comment periods, they need to remain aware of the First Amendment rights of those who wish to speak during public comment. While lawful public comment policies may vary, below are CAC recommendations for best practices for a welcoming public comment policy.

Protect Political Speech The public comment policy must comport with the First Amendment and protect political speech. It will protect the right of the speaker to lawfully speak by being content-neutral and not authorizing any public official to silence someone based on what they are saying.

Limit Total Time Period and Time Per Speaker CAC recommends that a public body limit public comment to both a specific time frame for the entire public comment period, and per speaker. CAC recommends that a public body adopt a rule that limits the total time period available for public comment at open meetings. CAC routinely sees 30 minutes periods offered, with allowance for extra time allocated for special circumstances involving controversial subjects. This allows the public an opportunity to comment but also ensures the public body's ab!lity to conduct the meeting and address other agenda items. While practices vary, a usual time allotment per speaker is 3 minutes per public comment. Best practices require that the time allotment per speaker is uniformly enforced. If a public body does not uniformly enforce the time limit to all speakers, it risks using bias through imposing content-based restrictions on speech, e.g., allowing a commenter congratulating the public body to speak longer than one criticizing the public

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8 body. Many public bodies will have a timer that will give a warning for the final 15 seconds and then buzz at the end of the public comment time period.

Sign in requirements A public body may elect a first-come-first-serve basis, and require sign-up, but best practices dictate that after the public comment period the Chair ask if anyone wish to make a public comment that did not have a chance to sign-in.

Notice for Public Comment Public comment must be noticed on a public body's meeting agenda. The public body has discretion in where it places public comment on its agenda, and best practices require that ample opportunities be provided for the public to speak at multiple times on the agenda and consistently allow for public comment at the same point at each meeting. Thus, a public body might place public comment routinely at the beginning of the meeting, at the end, or throughout the meeting as different agenda items are being V deliberated. A usual practice is public comment placed at the beginning of the agenda, } o)\ which provides the public an opportunity to make public comment in advance of votes on (\ ~~ action items. Additionally, best practices dictate having an opportunity for public s~ rµ comment prior to any executive session. \ <'\O

Suggested language for a public comment policy: :/ !\'., ~ You may address the public body on any matter during the public forum portion of the ~-0 r . meeting. Please sign-in at the back of the Chambers before the start of the meeting and \'- approach a microphone once you have been recognized by the Chair. If you did not ~ have the opportunity to sign in prior to the meeting, the Chair will ask at the end of the !\- public forum if there are any other speakers. Please raise your hand and the Chair will Y' , recognize you. ~ tr;,< X All meetings of the Board are open to the public, and public comment is accepted for a I r:ty maximum of 30 minutes at each meeting. At the beginning of your comment, please state your name. There is a three (3) minute time limit for your remarks. Please be ~ 1 aware that the public body is not required to respond to your remarks during the course 1 'V of their meeting.

Suggested Placement of public comment within the policy: • Prior to executive session • Prior to beginning public body business e Prior to actiori items not on a consent agenda • Prior to adjournment of the meeting CA C Is open for the public to obtain free civic resource materials, ask questions of our community lawyers on matters of public concern, engage in civic discussion, learn about local issues, attend training workshops, and develop skills for participating.in civic affairs. Please contact us if you are interested in /earning more about us, becoming~ volunteer or making a tax-deductible contribution. © Citizen Advocacy Center 2015

7 Village of West Dundee Procedures for Public Hearing Before the Planning and Zoning Commission

Hearing will be conducted as follows:

1. Motion to open the public hearing 2. Presentation of Legal Notices and Requirements 3. The applicant and/or their attorney will make a presentation on the proposal to the Commission 4. The Planning and Zoning Commission may ask questions of the presentation by the applicants 5. Public comment period: (each speaker must be sworn in by court reporter) A. Local governmental agencies B. West Dundee residents and business/property owners C. Area residents D. Other interested groups or organizations 6. Follow up questions by Commission 7. Motion to close the public hearing

We ask you to observe the following rules for this hearing:

1. To make a comment or statement, the public comment form (which can be found at the table at the front of the room) must be filled out and presented to the Chair prior to the beginning of the Public Comment period. Only those who have signed the form and presented it to the Chair, prior to speaking, will be recognized. 2. One person at a time will be formally recognized by the Chair .. The Chair may impose a time limit, per person, if the Chair deems it appropriate. 3. A group may wish to choose someone to act as a speaker on their behalf to avoid duplicate testimony. 4. No person may be a repeat speaker until everyone who wishes to speak has had an opportunity to do so. The Chair reserves the right to limit the number of repeat speakers. 5. Please refrain from talking or making comments while others are speaking. This will assist the court reporter in taking accurate record of th_e testimony of the proceedings. D. Order Of Business: At regular meetings of the village president and board of trustees, the order of business shall be as follows: (Ord. 89-04, 4-3-1989; amd. Ord. 06-64, 12-18-2006, eff. 1-1-2007)

1. Call to order.

2. Roll call.

3. Pledge of Allegiance. (2004 Code; amd. Ord. 06-64, 12-18-2006, eff. 1-1-2007)

4. Approval of agenda. (Ord. 05-14, 6-6-2005; amd. Ord. 06-64, 12-18-2006, eff. 1-1-2007) (

5. Village president's report.

6. Reports and questions from trustees.

7. Village staff reports.

·t' 8. Questions from the audience.

( \ 9. Consent agenda.

10. Resolutions and ordinances.·

11. Unfinished business.

12. New business.

13. Executive session.

( 14. Miscellaneous. \ 15. Adjournment. (2004 Code; amd. Ord. 05-14, 6-6-2005; Ord. 06-64, 12-18-2006, eff. 1-1-2007)

E. Rules Of Order: On all points of order not specially provided for by law, "Robert's Rules Of Order" are hereby adopted as the law to govern deliberations of said board of trustees.

F. Maintaining Order: The chief of police, or a designated police officer or in his inability to act, some person designated by the village president, may attend every meeting of the village president and board of trustees to preserve and maintain order.

( G. Disrupting Meetings: It shall be unlawful for any person to interrupt, obstruct, interfere with or disrupt any meeting of the village president and board of trustees. Any person violating any provision of this section shall be subject to a fine or penalty of not less than twenty five dollars ($25.00) nor more than provided in the general penalty in section 1-4-1 of this code. (Ord. 89-04, 4-3-1989; amd. 2004 Code; Ord. 06-64, 12-18-2006, eff. 1-1-2007)