Village of La Grange

VILLAGE BOARD MEETING

MONDAY, JAI\UARY 22, 2007

7:30 p.m.

Village Hall Auditorium

53 S. La Grange Road

La Grange,lL 60525

Elizabeth M. Asperger Village President

Robert N. Milne Village Clerk

53 South La Grange Road P.O. Box 668 La Grange, Illinois 60525 008) 579-2313 Fax (708) 579-0980 VILLAGE OF LA GRANGE BOARD OF TRUSTEES REGULAR MEETING

Village Hall Auditorium 53 South La Grange Road La Grange,lL60525

AGENDA

Monday, January 22,2007 - 7:30 p.m.

1 CALL TO ORDER AND ROLL CALL Pres ident Elizabeth Asperger Trustee Richard Cremieux Trustee Mike Horvath Trustee Mark Langan Trustee Tom Livingston Trustee Nicholas Pønn Trustee Barb Wolf

2 PRESIDENT'S REPORT This is an opportunity for the Village President to reporl on matters of interest or concern to the Village.

A. Oath of Office - Firefighter / Paramedic Frank Radek

3 PUBLIC COMMENTS REGARDING AGENDA ITEMS This is the opportunityþr members of the audience to speak about matters thøt are included on this Agenda.

4 OMNIBUS AGENDA AND VOTE Matters on the Omnibus Agenda will be considered by a single motion and vote because they already have been consideredfully by the Board at a previous meeting or have been determined to be of a routine nature. Any member of the Board of Trustees may request that an item be movedfrom the Omnibus Agenda to Current Business þr separate consideration. A. Ordinance - Creating an Additional Class G Liquor License - Palmer Ventures, Inc., 56 S. La Grange Road

B. Ordinance - Creating an Additional Class A Liquor License - V/hite Hen Pantry, Inc. 201 V/. Hillgrove Avenue

c. Resolution - Accepting Local Law Enforcement Block Grant Funds - Justice Assistance Grant Program D. Resolution - Application For Grant Funds / Emergency Services and Disaster Planning - Community Notification System Village Board Agenda - January 22,2007 - Page 2 E. Intergovemmental Agreement - Consortium Testing For Firefighter / Paramedic Applicants Through The College of DuPage

F. Ordinance - Amendment to Village Code / Auxiliary Police Officers

G. Consolidated Voucher 061226

H. Consolidated Voucher 0701 08

I. Consolidated Voucher 07 0122

J, Minutes of the Village of La Grange Board of Trustees Regular Meeting, Monday, December 11,2006

5 CURRENT BUSINESS This agenda item includes consideration of matters being presented to the Board of Trusteesfor action.

A. Ordinance - Variation - Number of Signs Per Lot / Sprint Nextel, 115 N. La Grange Road: Referced to Trustee Langan

6 MANAGER'S REPORT This is an opportunityfor the Village Manager to report on behalf of the Village Staff about matters of interest to the Village.

7 PUBLIC COMMENTS REGARDING MATTERS NOT ON AGENDA This is an opportunityfor members of the audienee to speøk about Village related matters that are not listed on this Agenda.

8 EXECUTIVE SESSION The Board of Trustees may decide, by a roll call vote, to convene in executive session íf there are matters to discuss confidentially, in accordance with the Open Meetings AcL

A. Closed Session - Purchase, Sale, or Lease of Real Property

9 TRUSTEE COMMENTS The Board of Trustees may wish to comment on any matters.

10. ADJOURNMENT

The Village of La Grange is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations so that they can observe and/or participate in this meeting, or who have questions, regarding the accessibility of the meeting or the Village's facilities, should contact the Village's ADA Coordinator at (708) 579-2315 promptly to allow the Village to make reasonable accommodations for those persons. PRESIDENT'S REPORT VILLAGE OF LA GRA}IGE Fire Department BOARD REPORT

TO Village President, Village Clerk, and Board of Trustees and Village Attorney

FROM: Robert J. Pilipiszyn, Village Manager and David IV. Fleege, Fire Chief

DATE: January 22,2007

RE OATH OF OFFICE - FIREFIGHTER/PARAMEDIC FRANK RADEK

With the creation of a new firefighterþaramedic floater position within the fire department, it is necessary to fill this position. The La Grange Board of Fire and Police Commissioners have appointed Mr. Frank Radek to the position of Firefighter/Paramedic effective January 16,2007.

Frank is a licensed paramedic and is a certified Firefighter II. He has 3 years of fire service experience, most recently as a part-time firefighterþaramedic with the Darien-Woodridge Fire Protection District and the Westmont Fire Department. Frank is single and resides in V/oodridge, Illinois.

Vy'e are pleased to present Frank Radek to the Village Board and we invite him to step forward so that Village Clerk Robert Milne can administer the oath of office.

+ r OMNIBUS VOTE VILLAGE OF LA GRANGE Administrative Offices BOARD REPORT

TO Village President, Village Clerk, Village Board of Trustees and Village Attorney

FROM: Robert J. Pilipiszyn, Village Manager Andrianna Peterson, Assistant Village Manager

DATE: January 22,20A7

RE ORDINANCE - CREATING AN ADDITIONAL CLASS G LIOUOR LICENSE _ PALMER VENTURES. INC.. 56 S. LA GRANGE ROAI)

The Village recently received an application for a Class G liquor license from Palmer Ventures, Inc. a family restaurant, located at 56 S. La Grange Road. Ruth Palmer is the President, Steve Palmer the Vice President and Phil Palmer the Secretary, Treasurer. Palmer Place Restaurant has been operating in La Grange at this location for many years and currently holds a Class B Liquor License. They are seeking a Class G liquor license to facilitate the sale and service of alcohol for special events which they sponsor or are affiliated with, but are conducted off-premises. This license was applied for at the encouragement of Village staff because of the increased frequency of such events.

A Class G liquor license authorizes the licensee to serve alcoholic beverages as part of a catering business which maintains a business facility within the Village and for which a business license has been issued. A "caterer" is any properly licensed individual who performs as a business, the service of providing food, or food and alcoholic beverages, to any location within or outside of the Village, and which is to be consumed on the premises within 36 hours of delivery. In the case of Palmer Place, the Class G license is incidental to their principal Class B liquor license.

On Monday, December 11,2006, the Liquor Commission met to review the application submitted by Palmer Ventures, lnc. It was the recommendation of the Liquor Commission that an additional Class G liquor license be created conditioned upon Ruth Palmer's fingerprint clearance from the State. (A copy of the minutes from that meeting is attached for your reference.) Since the Liquor Commission meeting in December, Chief Holub advises that the background investigation, which includes results from the fingerprint check, did not produce any information which would preclude the issuance of a liquor license.

Village staff has prepared the necessary ordinance which will facilitate the issuance of the liquor license. If the ordinance is approved, the Liquor Commissioner will issue a Class G liquor license to Palmer Ventures, lnc. We recommend that the ordinance be approved.

H :\eelder\ellie\Brdþt\LiquorClass C Palmer.doc þ ù MINUTES

LIQUOR COMMISSION OF THE VILLAGE OF LA GRANGE

53 South La Grange Road First Floor Conference Room La Grange, IL 60525

Monday, December 11,2006 - 6:45 p.m.

1. Call to Order and Roll Call

A meeting of the Liquor Commission of the Village of La Grange was held on Monday, December 11,2006 in the first floor conference room of the Village Hall, and was convened at 6:45 p.m. by Liquor Commissioner Elizabeth Asperger. Commissioner Asperger noted that the Liquor Commission would be considering two separate applications individually this evening. Present and constituting a quorum were:

Present Commissioners Mark Langan with Liquor Commissioner Elizabeth Asperger presiding.

Absent: Commissioner Cremieux

Also Present: Assistant Village Manager Andrianna Peterson, Village Attorney Mark Burkland, Steve Palmer representing Palmer Ventures, Inc., Anthony Abbattista and Gerald Burke representing White HenPantry, Inc.

2. Approval of the Minutes from the Liquor Commission Hearing on September I 1,2006 was moved by Commissioner Langan and seconded by Commissioner Asperger. Motion unanimously canied.

3. Palmer Ventures, Inc. - Class G Liquor License Application

Commissioner Asperger indicated that Palmer Place is applying for a Class G liquor license which allows alcoholic beverages to be served as a part of a catering business. Mr. Steve Palmer has supplied all pertinent information for consideration of such a license; however the Village is awaiting background clearance for Mrs. Ruth Palmer, President of the Corporation. Mr. Palmer indicated that having a Class G liquor license will enable his business to conduct special events such as the Goombay Bash, St. Patrick's Day, etc. There is no intention by the owners to make catering their primary business.

) 'l ,þ Minutes of the Liquor Commission December I l, 2006 - Page 2

It was suggested to Mr. Palmer that he consult his legal counsel on whether or not their Articles of Incorporation should be amended to also include catering. Mr. Palmer indicated he would research the question and inform the Village of the answer.

After due consideration, it was moved by Commissioner Langan, seconded by Commissioner Asperger that the Liquor Commission recommend to the Village Board of Trustees that a Class G Liquor License be created and such license be issued to Palmer Ventures, Inc., 53 S. La Grange Road, and that such license be contingent upon background clearance for Mrs. Ruth Palmer. Voice vote unanimously canied.

4. White Hen Pantry, Inc. - Class A Liquor License Application

Commissioner Asperger indicated that White Hen Pantry, Inc. is applying for a Class A liquor license which allows for the sale of beer and wine not for consumption on the premises where sold. Commissioner Asperger explained that although White Hen Pantry, Inc. currently holds a Class A liquor license, the current franchise is being dissolved and the corporate office is applying to hold the license until a new franchisee is found.

Mr. Gerald Burke, Store Manager is scheduled for alcohol awareness training and has supplied all pertinent information for consideration of such a license; however the Village is awaiting his background clearance. In order not to have a lapse in their ability to sell beer and wine, V/hite Hen Pantry requested an extension of their current liquor license until the Village Board meets in January 2007 to consider the application for the new license.

After due consideration, it was moved by Commissioner Langan, seconded by Commissioner Asperger that the Liquor Commission recommend to the Village Board of Trustees the creation of a Class A Liquor License and such license be issued to V/hite Hen Pantry, Inc., 201 Hillgrove Avenue, and that such license be contingent upon background clearance for Store Manager, Gerald Burke and his successful completion of alcohol awareness training. Voice vote unanimously carried.

Commissioner Asperger agreed to supply a letter for a temporary extension of White Hen's existing liquor license until January 31,2007. It was recommended that the petitioner contact their insurer to inform them of the temporary extension.

5. Adjournment

At 7:05 p.m., it was moved by Commissioner Asperger, seconded by Commissioner Langan that the meeting of the Liquor Commission be adjourned.

s ? u\ Minutes of theLiquor Commission December ll, 2006 - Page 3

Respectfully submiued Date Approved: fuidrianna Peterson, Assistant Village Manager

H:\eelder\ellie\Minutes\LQl2 I I 06.doc

q ,t,3 VILLAGE OF LA GRANGE

ORDINA}ICE NO. O-07-

AN ORDINANCE INCREASING BY ONE THE NUMBER OF CLASS G LIQUOR LICENSES

PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD OF TRUSTEES OF THE VILLAGE OF LA GRANGE, COUNTY OF COOK, STATE OF ILLINOIS, THIS DAY OF 2007.

VI/HEREAS, Chapter l1l of the La Grange Code of Ordinances provides for a category of liquor license, known as "Class G," which authorizes the license holder tõ serve alcoholic ü[uor as part of a catering business that maintains a business facility within the Village and for which a business license has been issued; and

WHEREAS, a "caterer" is any properly licensed individual who performs as a business the service of providing food, or food and alcoholic liquor, to any location within or outside of the Village, which alcoholic liquor is to be consumed on the premises within 36 hours of delivery;

WHEREAS, prior to the issuance of a Class G liquor license, the applicant must present evidence satisfactory to the La Grange Liquor Commissioner, regarding all ofthe following matters:

(a) That the applicant is, or will be engaging in a bona fide catering business licensed to do business in the Village; and

(b) That more than 60 percent of the applicant's gross annual revenue has, or will be, from the sale of catered food; and

(c) That the applicant operates, or will operate, its offices and/or distribution point in accordance with all Village zoning and health regulations; and

(d) That the applicant complies with all other codes and ordinances of the State of Illinois and of the Village applicable to the catering business; and

TVHEREAS, the village received an application for a class G license; and

ÏVHEREAS, the La Grange Liquor Commissioner has stated her intention to grant a Class G license to the current applicant at such time as the Board of Trustees approves an increase by one of the number of available Class G liquor licenses; and

IVHEREAS, the President and the Board of Trustees have determined that it is in the best interests of the village that a license be available to the current applicant;

NOV/, THEREFORE, BE IT ORDAINED BY the President and Board of Trustees of the Village of La Grange, Cook County and State of Illinois as follows:

Section 1. Recitals. The foregoing recitals are hereby incorporated into this Ordinance as frndings of the Board of Trustees. q-È$ Section 2. AmgndmentofNumberofClass Gliquorlicenses. ThenumberofClass G licenses, as defined and set forth in Chapter I I 1 of the La Grange Codàof Ordinances, shall be and it is hereby increased by adding one license. Such additional license shall be added to the list of outstanding and/or available licenses which is kept and certified by the Village Clerk pursuant to Section I I I . 1 6A of the Code of Ordinances.

Section 3. Effective Date. This Ordinance shall be in fi¡ll and force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

ADOPTED: this 22d, day of January 2007,pursuant to a roll call vote as follows: AYES: NAYS: ABSENT:

APPROVED by me this 22d day of January 2007.

Elizabeth M. Asperger, Village President

ATTEST: Robert N. Milne, Village Clerk

q þ? VILLAGE OF LA GRA}IGE Administrative Offices

BOARD REPORT

TO: Village President, Village Clerk, Village Board of Trustees and Village Attorney

FROM: Robert J. Pilipiszyn, Village Manager Andrianna Peterson, Assistant Vi llage Manager

DATE: January 22,2007

RE: ORDINAi\ICE - CREATING AII ADDITIONAL CLASS A LIQUOR LICENSE _ \ryHITE HEN PAIITRY.INC..2O1 \il. HILLGROVE AVENUE

The Village recentlyreceived an application for a Class A liquor license from White Hen Pantry, lnc. a retail grocery store, located at20l West Hillgrove Avenue. They have been operating in La Grange at this location for a number of years and currently hold a Class A Liquor License, however the current franchise is being dissolved and the corporate office will hold the license until a new franchisee is determined. Mr. Gerald Burke is the Store Manager. A Class A license authorizes the licensee to engage in business as a retail dealer in beer and wine not for consumption on the premises where sold, provided such business is merely incidental to other business conducted on the same premises.

On Monday, December 11,2006, the Liquor Commission met to review the application submitted by White Hen Pantry Inc. It was the recommendation of the Liquor Commission that an additional Class A liquor license be created conditioned upon Mr. Burke's successful completion of the Alcohol Awareness Training Class and fingerprint clearance. (A copy of the minutes from that meeting is attached for your reference.) Mr. Burke successfully completed techniques of alcohol management training on December 13, 2006. In addition, Chief Holub advises that the background investigation, which includes results from the fingerprint check, did not produce any information which would preclude the issuance of a liquor license.

Village staff has prepared the necessary ordinance which will facilitate the issuance of the liquor license. If the ordinance is approved, the Liquor Commissioner will issue a Class A liquor license to White Hen Pantry Inc. We recommend that the ordinance be approved.

H:\eelder\ellie\Brdþt\LiquorClass A White Hen.doc

s .\, MINUTES

LIQUOR COMMISSION OF THE VILLAGE OF LA GRANGE

53 South La Grange Road First Floor Conference Room La Grange, lL 60525

Monday, December I1,2006 - 6:45 p.m l. Call to Order and Roll Call

A meeting of the Liquor Commission of the Village of La Grange was held on Monday, December 11,2006 in the first floor conference room of the Village Hall, and was convened at6:45 p.m. by Liquor Commissioner Elizabeth Asperger. Commissioner Asperger noted that the Liquor Commission would be considering two separate applications individually this evening. Present and constituting a quorum were:

Present Commissioners Mark Langan with Liquor Commissioner Elizabeth Asperger presiding.

Absent: Commissioner Cremieux

Also Present: Assistant Village Manager Andrianna Peterson, Village Attorney Mark Burkland, Steve Palmer representing Palmer Ventures, Inc., Anthony Abbattistaand Gerald Burke representing White HenPantry, Inc.

2 Approval of the Minutes from the Liquor Commission Hearing on September 11, 2006 was moved by Commissioner Langan and seconded by Commissioner Asperger. Motion unanimously caried.

3. Palmer Ventures, Inc. - Class G Liquor License Application

ø\ \À Minutes of the Liquor Commission December lI, 2006 - Page 2

After due consideration, it was moved by Commissioner Langan, seconded by Commissioner Asperger that the Liquor Commission recommend to the Village Board of Trustees that a Class G Liquor License be created and such license be issued to Palmer Ventures,Inc., 53 S. La Grange Road, and that such license be contingent upon background clearance for Mrs. Ruth Palmer. Voice vote unanimously carried.

4. White Hen Pantry,Inc. - Class A Liquor License Application

Commissioner Asperger indicated that White Hen Pantry, Inc. is applying for a Class A liquor license which allows for the sale of beer and wine not for consumption on the premises where sold. Commissioner Asperger explained that although White Hen Pantry, Inc. cunently holds a Class A liquor license, the current franchise is being dissolved and the corporate office is applying to hold the license until a new franchisee is found.

Mr. Gerald Burke, Store Manager is scheduled for alcohol awareness training and has supplied all pertinent information for consideration of such a license; however the Village is awaiting his background clearance. In order not to have a lapse in their ability to sell beer and wine, White Hen Pantry requested an extension of their current liquor license untilthe Village Board meets in January 2007 to consider the application for the new license.

After due consideration, it was moved by Commissioner Langan, seconded by Commissioner Asperger that the Liquor Commission recommend to the Village Board of Trustees the creation of a Class A Liquor License and such license be issued to White Hen Pantry,Inc., 201 Hillgrove Avenue, and that such license be contingent upon background clearance for Store Manager, Gerald Burke and his successful completion of alcohol awareness training. Voice vote unanimously carried.

Commissioner Asperger agreed to supply a letter for a temporary extension of White Hen's existing liquor license until January 3I,2007. It was recommended that the petitioner contact their insurer to inform them of the temporary extension.

5. Adjournment

At 7:05 p.m., it was moved by Commissioner Asperger, seconded by Commissioner Langan that the meeting of the Liquor Commission be adjourned.

q.þ'u Minutes ofthe Liquor Commission December 11,2006 - Page 3

Respectfully submitted Date Approved: Andrianna PetersorL Assistant Village Manager

H:\eelder\ellie\Minutes\LQ I 2 I I 06.doc

j q'I VILLAGE OF LA GRANGE

ORDINANCE NO. O-07-

AN ORDINANCE INCREASING BY ONE THE NUMBER OF CLASS A LIQUOR LICENSES

PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD OF TRUSTEES OF THE VILLAGE OF LA GRANGE, COUNTY OF COOK, STATE OF ILLINOIS, THIS DAY OF 2007,

WHEREAS, Chapter 111 ofthe Village CodeofOrdinancesprovides foracategoryof liquor license known as a "Class 4," retail dealer's license, which authorizes the licensee to engage in business as a retail dealer in beer and wine not for consumption on the premises where sold, provided such business is merely incidental to other businesses conducted by the licensee on the same premises; and

WHEREAS, the Village has received an application for such a license; and

V/HEREAS, the La Grange Liquor Commissioner has indicated her intention to grant a Class

A license to the current applicant at such time as the Board of Trustees such a license becomes available; and

WHEREAS, the President and the Board ofTrustees have determined that itis inthebest interests of the Village that a license be available to said Applicant;

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the

Village of La Grange, Cook County and State of Illinois, as follows:

Section I . Recitals. The foregoing recitals are hereby incorporated into this Ordinance as frndings of the Board of Trustees.

Section 2. Amendment ofNumber of Class A Liquor Licenses. The number of Class A liquor licenses, as defined and set forth in Chapter I I I of the La Grange Code of Ordinances, shall be and it is hereby increased by adding one license. Such additional license shall be added to the list of outstanding and/or available licenses which is kept and certified by the Village Clerk pursuant to $ q þ Section I I 1.164 of the Code of Ordinances.

Section 3. Effective Date. This Ordinance shall be in full and force and effect from and after its passage, approval and publication in pamphlet form as provided by law.

ADOPTED: this 22d day of January 2007, pursuant to a roll call vote as follows: AYES: NA,YS: ABSENT:

APPROVED by me this 22d day of January 2007.

Elizabeth M. Asperger, Village President

ATTEST: RobertN. Milne, Village Clerk

# C:\NrPortbl\ActiveWBURKLAN\4304547 I.DOC

2 t\ ,.(b' VILLAGE OF LA GRANGE Police Department BOARD REPORT

TO: Village President, Village Clerk, Board of Trustees and Village Attorney

FROM: Robert J. Pilipiszyn, Village Manager and Michael A. Holub, Chief of Police

DATE: January 22,2007

RE: RESOLUTION - ACCEPTING LOCAL LA\ry ENFORCEMENT BLOCK GRANT F'UNDS _ JUSTICE ASSISTANCE GRANT PROGRAM

The program formerly known as B.A.D.G.E. has been eliminated and anew program named the Justice Assistance Grant (J.A.G.) Program has evolved. Both the former and current program are administered by the Judicial Advisory Council of Cook County. The La Grange Police Department has been receiving funds from the Judicial Advisory Council since 2003 for programs, activities and equipment which were designed to eliminate or reduce the influence and impact of drugs and gangs on youth in our community.

In November 2006, we articulated a preliminary grant proposal to the Judicial Advisory Council whereby the Police Department would work with the Community Extension Project (CEP) to enhance and develop a community service progpm \¡/ith adult supervision (police offrcers and CEP staff), peer discussions, and worthwhile projects to complete in the community. We have recently learned that our grant proposal has been approved. The Village's frrnding allocation, which has yet to be established by the Council, will determine the scope of the program.

In order to receive this federal funding through Cook County, it is necessary for us to submit a resolution adopted by the Village Board, acknowledging acceptance of the J.A.G. funds from Cook County.

We recommend that the attached Resolution accepting Local Law Enforcement Block Grant funds from Cook County, for the Justice Assistance Grant Program, be approved.

(r V\ RESOLUTION

BLocKcRAÌ{rF#ffi å'i"'f ü:%b?"#åtfi'ffi?åîiTi\isoRycouNcrl,s ruSTICE ASSISTANCE GRANT PROGRAM

\ryHEREAS, it has been proven that community crime and drug prevention efforts are fr¡ndamental in reducing victimization and in helping to rebuild a sense of mutual responsibilityand shared pride in the community; and

WHEREAS, crime and drug prevention depends upon effective partnerships among government, law enforcement, concemed individuals, schools, community groups, business-aid neighborg and

\ilHEREAS, effective and efficient technology is a necessary component of crime and drug prevention efforts, requiring state-of-the-art communication sysiems to assist police off*årr as they promote positive altematives to delinquency and drug use among young people and as they encourage youth to recognize their personal stake in their schools and neighborhoods; and

WIIEREAS, the Judicial Advisory Council of the Cook County Board has recognized the previous successes of the Village of La Grange Balanced Approach to Drug and Gang Elimination (B.A.D.G.E.) Program, and

WTIEREAS, Local Law Enforcement Block Grant fi,¡nds were available for Federal Fiscal Year 2005 for the fr¡rtherance of the Village of La Grange to continue in their efforts with the Justice Assistance Grant (J.A.G.) program.

NOW THEREFORE BE IT RESOLVEDttrattheVillagePresident, VillageClerkandBoard ofTrustees of the Village of La Grange, on behalf of the citizens of the Village of La Grange, do hereby aclcrowledge the J.A.G' Program and accept the FFY2005 fi.rnding that has been committed tJthe Village of La Grangã. ADOPTED by the Board of Trustees of the vILLAGE oF LA GRANGE, Illinois the _ day of 2007, pursuant to a roll call vote as follows:

AYES:

NAYS:

ABSENT:

APPROVED this_ day of 2007

ATTEST: Elizabeth M. Asperger, Village President

Robert N. Milne, Village Clerk

\ (t V\ VILLAGE OF LA GRANGE Police Department BOARD REPORT

TO Village President, Village Clerk, Board of Trustees and Village Attorney

FROM: Robert J. Pilipiszyn, Village Manager Andrianna Peterson, Assistant Village Manager Michael A. Holub, Chief of Police

DATE: January 22,2007

RE: - APPLICA EMERG SERVICES AND DISASTER PLANNING - COMMUNITY NOTIFICATION SYSTEM

Over the past several years, there has been a great deal ofnational, regional and local attention given to homeland security, emergency services and disaster preparedness. In the event of either a terorist act, an act of nature or a local emergency, there will be a need to quickly notifu and instruct all residents and businesses in the Village of LaGrange.

The Village of LaGrange currently shares a community notification system called REVERSE 9l I with the Villages of LaGrange Park and Brookf,reld for that exact purpose (at one time, Westem Springs was also on the system). The system was purchased in 2003 through a joint grant request through the Cook County Law Enforcement Block Grant program. The Village is responsible for a portion ofthe system annual maintenance fee ($1,737 in2007).

Although the system is housed at the LaGrange Park Police Depaftment and can be made available to us when requested, the shared system with LaGrange Park and Brookfield has limitations that would impact the Village's ability to effectively and efficiently notiff residents of an emergency condition.

The primary limitation of the current system is speed. In the event of an emergency, it could take several hours for an emergency message to be received by the community because the system can only dial eight numbers at one time. Under the current system, a 30 second message would take over 9 hours to reach the entire community. Additionally, if both La Grange Park and Brookfield are impacted by the same emergency, there could be further delays since only one community can dial out at one time.

Because of these limitations, it is recommended that the Village of La Grange purchase its own system with greater speed and efficiency to improve communications especially in the event of an emergency situation. Two national and experienced companies were identified to potentially replace our use ofthe existing system - REVERSE 911 and Code Red (Emergency Communications Network). REVERSE

D u\ 911 is an on-site PC based system that utilizes dedicated phone lines. Code Red is an off-site system computer linked to a bank of phone lines that is accessed via telephone or internet. Whether used for catastrophic events or local emergencies, Code Red can deliver up to 1000 messages per minute. During a catastrophic event, REVERSE 9l I also offers a service that is able to complete a mass calling by sending calls to a mass-calling center as long as our database server is operational and at an additional cost. However, in the event of a local emergency the system is limited to 8 calls at a time.

The chart below is a comparison of the two services:

CODE RED REVERSE 91 I Call center based in Florida P/C based in-house accessed by REVERSE 911 Maintained by CODE RED Maintained by the Villaee 30,000 minutes ayear for local and mass calls. Unlimited local calls plus .20 cents a minute for Any overage is $1,000 per 3,000 minutes mass calls. Dual mirrored database for redundancy No redundant database Local and mass calling capable without the need Local and mass calling capable as long as our for our internet or server being operational. server and phone lines are operational. Process can be activated either by internet or by Process can only be started through the use ofour phone call. database. To include cell phone numbers residents can To include cell phone numbers residents have to directly access CODE RED database via a link on provide the village with the number who in tum the Village web site. provides it ro REVERSE 9l l. Setup, maintenance and training included. Setup, maintenance and training included. All inclusive system. Module system. Eight modules available for a total cost of $29,700 No initial start up cost. Initial start up cost - $48,950 includes HazMat, Mass Call and Mobilizalion modules. Annual cost of $10,000 a year Annual $8,374

Written quotations were solicited from these two companies for purchase, installation and start-up. The following table reflects the quotes submitted.

VENDOR / LOCATION QUOTE Emergency Communications Network / Code Red Inc. $ 10,000 per year Ormond Beach, Florida REVERSE 9I I Initial startup $48,950 Indianapolis, Indiana Annual maintenance $8,374

The Code Red system is recommended because the system is maintained off-site (eliminating the need for hardware, software and internal maintenance expertise), it provides high speed notification as a standard amenity, and can be accessed even ifthe internet and/or landlines are inoperable. Furthermorc, as the Code Red system is all-inclusive and at a competitive annual cost, the Village is minimally invested, and thus will be able to effrciently switch services if we become dissatisfred; technology changes occur; or more cost-effective alternatives become available in the marketplace.

2 ) fr\ T As this is a non-budgeted expense, we propose that we access the IMF settlement fund via the competitive grant program. The Village has previously applied for two grants through the program - both related to the Village's outdoor warning siren system. Because grant requests are limited to the total amount of the original settlement ($74,465.74), the Village is eligible to apply for the remaining 548,297 .54. Because the current annual fee for the Code Red system is $ 1 0,000, it is recommended that the Village apply for the remaining balance to cover the cost of expenses related to the operation of the system for the next four to five years ($10,000 annual fee).

A resolution authorizing the Village to apply for a grant in the amount of 848,297 is attached for your consideration. No matching funds from the Village are required.

In the event that the Village does not receive the grant, staff will return to the Village Board recommending that the Village Board waive the competitive bidding process and to authorize staff to purchase the community notification system called Code Red from Emergency Communication Network of Ormond Beach Florida utilizing Emergency Telephone System Board (ETSB) funds. There are sufficient reserves in the ETSB Fund to cover this expense in the form of a budget amendment. Emergency Communications Network has indicated that they are willing to honor their quote for a period of 60 days after notice from the Northwest Municipal Conference as to the disposition of our grant application.

It is our recommendation that the resolution be approved.

3 q a "'y RESOLUTION NO.

A RESOLUTION AUTHORIZING APPLICATION FOR A GRANT UNDER THE INFRASTRUCTURE MAINTENANCE FEE LITIGATION CY PRES COMMITTEE'S GENERAL AUTHORITY TO MAKE SUCH GRANTS

WHEREAS, in 1997, the State of Illinois enacted the Telecommunications Infrastructure Maintenance Fee (IMF) Act, which authorized the imposition of a fee of l% of the gross charges on wireless retailers. Municipalities throughout the state imposed the IMF on telecommunications bills from January 1, 1998 through February 7,2002; and

\MHEREAS, in 1998, a lawsuit was filed challenging the fee, which the court ruled unconstitutional and, upon appeal, the Illinois Supreme Court affirmed the unconstitutionality of the Municipal IMF only as it applied to wireless retailers; and

\ryHEREAS, in 2000, municipalities that imposed the IMF were joined as defendants in a class action lawsuit that asserted the unconstitutionality of the Infrastructure Maintenance Fee and sought refunds of the IMF; and

WHEREAS, as of October 18,2005, a settlement was approved that required defendant class members to pay into the settlement fund 70o/o of the amounts collected through the Municipal IMF for wireless telecommunications services; and

\ryHEREAS, the court will distribute the settlement fund in accordance with cy pres principles, or for its "next besf'use. The settlement fund will be distributed as follows:

a 60% (sixty percent) for municipal emergency 9-l-1 telecommunications programs located anywhere within the State of Illinois; and o 40% (forty percent) for medical facilities providing emergency care to indigent patients located in areas outside the six-county northeastern Illinois region; and

WHEREAS, the court has established a three person committee (Cy Pres Committee) to make recommendations as to how the cy pres grants will be distributed; and

\ryHEREAS, the Village of La Grange, Cook County, Illinois, has determined that it is in its best interest to pursue the acquisition of a community notification system known as Code Red by applying for available cy pres grant funds made available through the court settlement.

NO\il THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of La Grange, Cook County, Illinois as follows:

Section l. That the Village of LaGrange hereby requests use of a portion of the telecommunications infrastructure maintenance fee cy pres funds for the purposes described in this application.

Section 2. That the Village Manager is authorized to file a grant application on behalf of the Village of La Grange with the Cy Pres Committee for a grant for a community notification 3 a "\ system known as Code Red in the amount of 548,297 to benefit the Village of LaGrange, Cook County, Illinois.

Section 3. That the funds applied for will be expended consistent with the recitals in the application.

Section 4. That the Village Manager is authorized to furnish such additional information, assurances, certifications and amendments as the Cy Pres Committee may require in connection with this grant application.

Section 5. That the Village Manager is authorized and directed on behalf of the Village of La Grange to execute and deliver a grant application and all subsequent amendments thereto between the Village of La Grange and the Cy Pres Committee on behalf of the Village; and the Village Clerk is authorized and directed on behalf of the Village of La Grange to attest said application and all subsequent amendments thereto.

Section 6. That the Village Manager will provide the Cy Pres Committee with a certification from a certified public accountant certifying that the grant funds were expended in conformity with the formal application for the use of fi¡nds to ensure compliance with the grant program. Certification will be provided within 90 days of a request by the Cy Pres Committee.

ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES of the Village of La Grange, Cook County, Illinois this day of 2007

YEAS: - NAYS:

ABSTAIN:

ABSENT:

Approved this day of 2007

Elizabeth Asperger, Village President

ATTEST Robert Milne, Village Clerk

q a ,-\ VILLAGE OF LA GRANGE Fire Department BOARD REPORT

TO Village President, Village Clerk, and Board of Trustees and Village Attorney

FROM: Robert J. Pilipiszyn, Village Manager and David V/. Fleege, Fire Chief

DATE: January 22,2007

RE: INTERGOVERNMENTAL AGREEMENT - CONSORTIUM TESTING FOR FIREFIGHTER / PARAMEDIC APPLICAIITS THROUGH THE COLLEGE OF DUPAGE

The Village previously conducted its own eligibility testing for firefighter I panmedic applicants. ln 2004, the Village joined a fire service testing consortium conducted by the College of DuPage in an effort to broaden the pool of potential candidates and because the overall approach was more cost- effective than if the Village continued to independently conduct such testing.

Our current firefighterþaramedic eligibility register expires in January, 2007 and according to the Illinois Compiled Statues, we must maintain a current eligibility register of candidates. Consequently, we must decide whether to renew our participation in the consortium or revert back to the previous practice of independent testing.

We have assessed the value of continued participation in the consortium and concluded that this intergovemmental testing process continues to be of benefit to the Village in terms of cost savings, depth of candidates and quality of candidates. Despite the turnover of personnel that we have recently experienced, these are the same issues that other comparable departments have been experiencing including those who are members of the consortium as well as those who test candidates independently of the consortium. The Board of Fire and Police Commissioners concurs with our assessment and unanimously endorsed continued participation in the consortium testing process through College of DuPage, at its regular meeting on November 15, 2006.

We recommend that the Village Board approve the attached lntergovemmental Agreement which renews our membership in the Firefighter/Paramedic applicant testing consortium through the College of DuPage.

H :\eelderþllie\Brd Rpt\FDTesting.doc

ç ù FIRE FIGHTER APPLICANT TESTING COLLDGE OF IDT'PAGE FNP SCTNNCD TECHNOLOGY I'TIPAGE COTINTY CEIEIS' ASSOCIATION

TßLt 630-94?.-2107 FAX: 630-942-2856 INTERGOYERNMENTAL AGREDMENT

Whereas, LaGrange Fire Department, hereinaûer "Fire l)epartment," is required by law to conduct c€rtain fire fighter applicant testing before a candidate for employment may be hired; and

uC.O.I).,u Whereas, College of DuPage, hereinafter is equipped to conduct such testing on behalf of the Fire Department on a more economical basis than if such tests were conducted by the Fire Department; and

Whereas, the Intergovernmental Coooeration Act (5 ILCS 220/l et se(L) permits governmental bodies to cooperate together to accomplish.certain common goals; and

Whereas, the parties her€to believe it is mutually desirablg advantageous and beneficial to enter into this Intergovernmental Agreement;

NOVV' THEREFORE,IT IS AGREED by and between the Fire Department and C.O.D. as follows:

l. C.O.D. will conduct Fire Fighter Applicant Testing on behalf of the Fire Department In accordance with the Letter of Agreement attached hereto and made a part hereof as Exhibit A and the Calendar attached hereto and made aparthereof as Exhibit B.

2. The Fire Department agrees to pay C.O.D. according to the fee structure attached hereto and made a part hereof as Exhibit C.

3. The Fire Department and C.O.D. are committed to affirmative action and equal opporh¡nities and do not discriminate on the basis ofrace, color, national origin" sex" disability, ancestry, marital status, religior¡ unfavorable military discharge or sexual orientation.

4. This agreement sets forth all the promises, agreements, conditions and understandings between the parties relative to the subject matter hereof, and there are no promises, agreements or undertakings, either oral or unitten, expressed or implie{ between them other than as herein set forth.

J. Except as otherwise provided, no subsequent alteratior¡ amendment, change or addition to this agreement shall be binding upon the parties hereto unless reduced to n*iting and duly ar¡thorized and signed by each ofthem.

\.À ,L\ FIRE F'IGHTER APPLICANT TESTING COLLEGP OT'DI'PAGE XTRD SCIENCE TECHNOLOGY DT'PAGE COTTNTY CEIEtrS' ASSOCIATION

TEL: 630-942-2107 FA)k 630-942-2856 IN \ryITNESS WHEREOF, the parties have executed this agreement

LaGrange X'ire Department College of DuPage /g,'*-As'.]+¿]d- Authorized Signatory Darryl I.ffiaeMer Coordinator Fire Fighter Applicant Testing Lt ê Tirle Date

Date Karen Solt Associate Dean Healtlt" Social, and Behavioral Sciences

Date

(,7 r-\ FIRE F'IGHTER APPLICANT TESTING COLLDGE OF DIIPAGE FIRD SCIENCE TECHNOLOGY IDTJPAGE COUNTY CHIET'S' ASSOCIATTON

ItsL: 630-942-2107 X'AX: 630-942-2856 Exhibit A LETTER OF AGREEMENT

This letter shall stand as an agreement between the LaGrange X'ire Department and College of DuPage regarding the responsibilities of the Fire Fighter Applicant Testing. The Written Test will take place on March l9,2OO7 at College of DuPage. The Candidate Physical Agility Test will take place at a place to be determined, see exhibit D.

Coltege of DuPage agrees to coordinate all activities pertaining to the administration of Fire Fighter Applicant Testing in the following ma¡rner:

1. Provide stafr, proøors and administrators for the test date/s. 2. Provide test supplies and materials. 3. Coordinate on line registration 4. Provide information of online registration to each department/district 5. Coordinate adverti sing 6. Have staffmember available to accept phone calls, emails, etc., related to the testing. 7. Send letters or emails to applicants prior to each testing session L Conduct a mandatory orientation 9. Obtåin necessaf,y certifications and documentation from applicants at orientation 10. Day oftesting obtain release forms and assþ Individual IdentificationNumbers to each applicant. (These release forms allow C.O.D. and/or the testing company to release results to the fire department/districts) ll. Identify and verify each applicant has proper identification prior to testing. 12. Record and report written test results to participating agencies by the stated deadlines. 13 Provide final test rezults to fire district and applicants in a timely fashion.

In cooperation with College ofDrPage, LaGrange Firc Department agre€s to:

I Return signed agreements to College ofDuPage, Fire Science Technology, 425FawellBoulevard, Glen Ellyq IL 60137 by Februar! 12'2007. n Desþate a primary contact person who will receive test results. 3. Submit cancellations via mail, email (naentç¡@codsdÐ, or fæ< (630) 942'2856. 4. Desþate a contact person who will be available to communicate with C.O.D. personnel regarding administrative questions on a daily basis. 4. Pay C.O.D. designated fee upon receipt of invoice.

q .* FIRE FIGHTER APPLICANT TESTING COLLEGE OT DT'PAGE X'IRE SCIENCE TECENOLOGY DTIPAGE COTINTY CEMXS' ASSOCIATTON

ffi: il33ä.il21 tCancellations must be submitted on or before March 512007 to avoid administrative fee for non-c¡ncelled applicant The responsibilities and dateq as outlined in the above Letter of Agreement, are hereby agreed upon by the undersþed.

Indicete which test you rcquire by circling one or both choices below

\üritten Test Physical Agility

LaGrange Fine Depertment College of DuPage

Ð^r*!.O, lJa"Ao*' Authorized Signatory Darryl t.llasiler / Coordinator Fire Fighter Applicant Testing

LL ô Title

Date Karen Solt AssociateDean Health, Social, and Beh¿vioral Sciences

tt /)1 I ¿ 6 Date /

'çÅ \À FIRE FIGHTER APPLICANT TESTING COLLEGE OX'DT'PAGE XIRE SCIENCE TECENOLOGY DIIPAGE COT]NTY CHÍNI|S' ASSOCIATION

?lEL2 63i0-¡942-2107 ['AX: 630-942-2856 Exhibit B CALENDAR SPring 2007

Jan College of DuPage will advertise for fire fighter applicants

January 12 Deadline for fire departments to submit application requirements to Fire Science Technology

January 22 Onlneapplication will be available at www.PublicSaferyRecnriunent.com

February 9 Final date for online registration by applicants at l2:00pm

February 12 Signed Letters of Agreement are due to Fire Science Technology

February 19 Mandatory orientation for all participating fire department applicants at College of DuPage, SRC2800 at 7:00pm sharp.

March 5 Deadline to zubmit cancellations to Fire Science Technology. Cancellations must be in writing and mailed, emailed, or fa:red. An administrative fee will be charged for cancellations not submitted by this date.

March 12 Fire Science Technology mails Written Test information: 1. Applicant: Admission Information test date, timg and location. 2. Primary contact person: Written Test Roster with test date, time, and location.

March 19 Written Test at College ofDrPageRoom SRC 2800

April 2 Written Test information qualified or not qualified 1. Applicant: qualified or not qualified 2. Primar,r contact person: applicants identified by name, social security number, and identifi cation number 3. Posted at College ofDuPage, building'M', room 14l by 9:00am, listed by identification number, ifthe applicant is qualified or not qualified

April TBA

May 15 Total test results and invoice summaf,y to contact person

/ tv,b

'{ FIRE FIGHTER APPLICANT TESTING COLLEGE OF DTIPAGE rIRE SCIENCE TßCENOLOGY DT]PAGE COIJNTY CEIDX'S' ASSOCIATION

TEL: 630-942-2107 X'AX: 630-942-2856 Exhibit C

FIRE FIGHTER APPLICAT\T TESTING 2007 FEE STRUCTTJRE

I Basic Administration Cost $25.00 For all applicants who are not cancelled by cancellation date For all applicants who are no-shows for the written test

2. \Mritten Test Cost if applicant tests for: I agency $60.00 2 agencies $50.00 3 or more agencies $40.00

3. For departments testins out of normal cvcles A fee of $75.00 for all candidates appearing on the initial roster NO DISCOI.'NT FOR NO-SHOWS

4. For deoartments testine incumbents for Candidate Phvsical Abilitv $l10.00 for each candidate Contact: Northeastern Illinois Public Safety Training Academy at847.998.8090 or Southwest United Fire Districts at 630.910.2216.

\0 ç ù' FIRE FIGHTER APPLICANT TESTING COLLEGE OF DT'PAGN FIRD SCIENCE TECHNOLOGY DTIPAGE COIINTY CHTNIN' ASSOCIATION

ITL: 630-942-2107 FA)Í 630-942-2856 Exh¡bit D CANDIDATE PITYSICAL ABILITY TEST

WE WILL BE USING THE CANDIDATE PITYSICAL ABILITY TEST (CPAT) BEGII\NING FALL 2006.

CPAT was developed with the cooperation ofthe International Association ofFire Chiefs and the International Association of Fire Figlrters. The CPAT test is acknowledged as a reliable indicator of an individual's ability to funotion at the fire scene.

All candidates have ari equal opportunity to zucceed. An orientation and a mentoring process begins eight (S) weeks prior to the test. The process explains the test, physical demandq training, conditioning drills, and an opporh¡nity to practice the exercises. The candidate is offered four (a) practice sessions prior to the actual test.

The candidates wear a hard ha! gloves, üd a 50 pound vest to simulate the weiglrt of a self contained breathing apparatus and protective clothing. They are advised to wear long pantq long or short sleeve shirts, and comfortable shoes.

CPAT is legally defensible for assessing eligibility for employment. CPAT meets validþ criteria established by the Federal Equal Employment Opportunity Commission, the U.S. Department of fustice and the U.S. Department oflabor.

Fire departments refer the candidate to one of the CPAT test sites and indicate when the testing must compløed. Ttre candidate is responsible for the testing. rilhe¡r the candidate completes the test and passes, they will be issued an identification card that will be used to indicate the candidate has passed the CPAT.

Fire Departments m¿y assume the cost of the CPAT for candidates. The fire department would send the candidate to one of the CPAT sites and the fire de,parünent would pay for this process. No identification card would be issued to the candidatg the fue department would be notified whether the candidate passed or failed CPAT.

Candidate Physical Ability Test sites are: Northeastern Illinois Public Safety Training Academy, 2300 Patriot Boulevard, Glenview, L 60026,847.998.8090 and Southwest United Fire Districts, 7550 Lyman, Darien, IL 60561, 630.910.2216.

For additional information on this process, contact your local unior¡ the International Association of Fire Chiefs or the College ofDrPage.

.ð \À VILLAGE OF LA GRANGE Police Department BOARD REPORT

TO: Village President, Village Clerk, Board of Trustees and Village Attorney

FROM Robert J. Pilipiszyn, Village Manager and Michael A. Holub, Chief of Police

DATE: January 22,2007

RE ORDINANCE - AMENDMENT TO VILLAGE CODE / AIJXILIARY POLICE OFFICERS

Recent changes in Illinois law, precipitated bythepassage ofPublic Act 94-984, effectively alters the manner by which municipal auxiliary police officers are to be hained.

Public Act94-9S4states,inpertinentpart:"Beþrebeingpermittedtocarryafireaftn....anatailiary officer must have the same course of trøining as required of peace officers under Section 2 of the Peace Officers Fírearms Training AcL " aîd ñrrther, that: " .. .auxiliary officers, when on duty, shall also be conservators of the peace..."

However, if a municipality, by ordinance, creates an auxiliary police unit, and therein specifies that such auxiliary officers do not possess "conservator of the peace" porwers, then the Police Training Board has determined that such officers need only comply with the 40-Hour Mandatory Firearms Training Act before being permitted to carry a firearm.

Auxiliary police officers with "conservator of the peace" powers are mandated to attend the 400- Hour Basic Law Enforcement Officer Training Course at a certified State academy. We have determined that the role of our Auxiliary Officers in La Grange does not necessitate the "conservator of the peace" po,wers. Therefore, our Ordinance must explicitly state that officers are not to exercise "conservator of the peace" powers. Auxiliary officers so designated shall be required to complete the 40-Hour Mandatory Firearms Training Course before being permitted to caffy afirearm, which is what we have already been providing.

Attached for your consideration is an ordinance amending the appropriate Chapter of the Village Code to reflect the change that our Auxiliary Officers are not to exercise "conservator of the peace" powers. The draft ordinance has been prepared with review and input from Village Attomey Mark Burkland. To further assist in your review, you will also flrnd attached a red-lined version of the Village Code which illustrates the proposed changes.

It is our recommendation that the ordinance be approved.

,\ ù VILI,AGE OF LA GRANGE

ORDINANCE NO.

AN ORDINANCE AMENDING THE LA GRANGE CODE OF ORDINANCES REGARDING AUXILIARY POLICE OFFICERS

WHEREAS, Section 3.1-30-20 of the Illinois Municipal Code, 65ILCS 5/3.1-30- 20, was amended with respect to the powers and duties of auxiliary police officers; and

WHEREAS, the President and Board of Trustees of the Village of La Grange have determined that it is appropriate to revise the provisions of the La Grange Cod.e of Ordinances regarding the powers and duties of auxiliarypolice ofiEcers in the Village of La Grange;

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of La Grange, Cook County and State of lllinois, as follows:

Section 1. Recitals. The foregoing recitals are incorporated into this Ordinance as a finding of the President and Board of Trustees.

Section 2. Amendmgnt of Code of Ordigances Parasraph 34.76(AX5). Paragraph 34.76(Ð(5) of Section 34.76, titled "Auxiliary Police Officers," of the La Grange Code of Ordinances shall be, and it is hereby, amended in its entirety so that said Paragraph 34.76(A)(5) shall hereafter be and read as follows:

(5) Such auxiliary police officers shall not at any time be, or be deemed or considered to be, conservators ofthe peace.

Section 3. Amendment of Code of Ordinances Subsection 34.?6(8). Subsection (B) of Section 34.76, titled "Auxiliary Police Offïcers," of the La Grange Code of Ordinances shall be, and it is hereby, amended in its entirety so that said Subsection (B) shall hereafter be and read as follows:

(B) Auxiliary police officers prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures as shall be appropriate in the exercise ofthe povrers conferred upon them under this Code, which training and course of study shall be determined and provided by the corporate authorities of the Village. Before being permitted to carry a fi.rearm, however, an auxiliary police offïcer shall have the training therefore required by the Illinois Law Enforcement Training and Standards Board. The corporate authorities

,(\ \r\ may require that all auxiliary police officers be residents of the Village. Prior to the appointment of an auxiliary police offïcer, the person's fingerprints shall be taken, and no person shall be appointed as an auxiliary police offïcer if that person has been convicted of a felony or other crime involving moral turpitude.

Section 4. Ampndment of Code of Ordinances Subsection 34.76(C). Subsection (C) of Section 34.76, titled "Auxiliary Police Officers," of the La Grange Code of Ordinances shall be, and it is hereby, amended in its entirety so that Subsection (C) shall hereafter be and read as follows:

(c) The Line of Duty Compensation Act as now or hereafter amended shall be applicable to auxiliary police offîcers upon their death in the line of duty described herein.

Section 5. Effective Date. This Ordinance shall be in full force and effect frorn and after its passage, approval, and publication in pamphlet form in the manner provided by law.

PASSED this _ day of _ 2007

AYES:

NAYS:

ABSENT:

APPROVED this day of 2007

By: Elizabeth M. Asperger, Village President

ATTEST:

Robert N. Milne, Village Clerk

v ,? .À $ 34.76 AUXILTARY POLICE OFFICERS.

(A) (l) The Village President may, with the advice and consent of the corporate authorities, appoint auxiliary police officers in such number as the corporate authorities shall from tine to time deem necessary. Such auxiliary police officers shall not be members of the regular Police Department. Such auxiliary police officers shall not supplement members of the regular Police Department in the performance of their assigned and normal duties, except as otherwise provided herein.

(2) Such auxiliary police members shall only be assigned to perform the following duties in a municipality:

(a) To aid or direct traffic within the municipality;

(b) To aid in control of natural or manmade disasters;

(c) To aid in case of civil disorder as directed by the Chief of Police, provided, that in cases which render it impractical for members of the regular Police Department to perform the normal and regular police duties, the Chief of Police of the regular Police Department is hereby authorized to assign auxiliary police officers to perform such normal and regular police duties.

(3) Identification symbols worn by such auxiliary police officers shall be different and distinct from those used by member of the regular Police Department. Such auxiliary police officers shall at all times during the performance of their duties be subject to the direction and control of the Chief of Police.

(4) Such auxiliary police officers shall not carry firearms except with the permission of the Chief of Police, and while in uniform and in the performance of their duties.

(5) Such auxiliary police officers . D-ol-33,4fu tL¡US -b-e-.-g¡-be-dgç-r$ç-4-or-cgrçLdçtçd-tpþ-e"gp¡Sgryej-ofg-Af-tb"e-p.egç,e,

(B) Auxiliary police offrcers prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures as shall be appropriate in the exercise of the powers confered upon them under this Code, which training and course of study shall be determined and provided by the corporate authorities of the village. B-ef-o-re-þ-e-ing-p-qml{çd-ta-c-4try-a-fite-atgt,,hq!ry9yf,L au-auðiliq¡y-p-qllc-e-offsçr-qbe!"beyp-ftrs-fielqlrs-thereJo¡ere,euited-þrtbeJJJhgjs-L"sw"EufsrçsslsnJ Tfergling-ABd_Sje¡tdêtdSPggrd, The corporate authorities may require that all auxiliary police be residents of the village. Prior to the appointment of any gU auxiliary police officershis tbgæggSg$'-s- fingerprints shall be taken and no person shall be appointed as such auxiliary police off¡cer ifhc thd psu$g&has been convicted of a felony or other crime involving moral turpitude.

(c) Iheliue-qtDuty Çpæpe¡S_etj-o¡Ag! as now or hereafter amended shall be applicable to auxiliary police officers upon their death in the line of duty described herein. (LCS Ch. 65, Act 5, $ 3-6-5) (Amended by P.A. 80-568, $1, eff. Oct. I, 1977)

,\ \

"\ VILLAGE OF LA GRANGE Disbursement Approval by Fund December 26,2006 Consolidated Voucher 061226

Fund 12126106 12115106 No. Fund Name Voucher Payroll Total

01 General 101,892.41 269,917.95 371,810.36 21 Motor FuelTax 0.00 22 Foreign Fire lnsurance Tax 0.00 23 TIF 26,264.17 26,264-'17 24 ETSB 9,930.08 9,930.08 40 CapitalProjects 0.00 50 Water 13,452.83 34,003.30 47,456.13 51 Parking 1,299.40 20,014.58 21,313.98 60 Equipment Replacement 0.00 70 Police Pension 0.00 75 Firefighters' Pension 0.00 80 Sewer 613.67 8,128.63 8,742.30 90 Debt Service 0.00 91 SSA4A Debt Service 0.00 93 sAA 269 0.00 94 SAA 270 0.00

153,452.56 332,064.46 485,517.02

We the undersigned Manager and Clerk of the Village of La Grange hereby certify that, to the best of our knowledge and belief, the foregoing items are true and proper charges against the Village and hereby approve their payment.

Village Manager Village Clerk

President Trustee

Trustee Trustee

Trustee

(1 ù VILLAGE OF LA GRANGE Disbursement Approval by Fund January 8,2007 Consolidated Voucher 0701 0B

Fund 01108107 12129106 No. Fund Name Voucher Payroll Total

01 General 119,339.56 217,097.26 336,436.82 21 Motor FuelTax 0.00 22 Foreign Fire lnsurance Tax 0.00 23 TIF 6,649.90 6,649.90 24 ETSB 2,908.64 2,908.64 40 CapitalProjects 0.00 50 Water 13,360.38 30,007.35 43,367.73 51 Parking 2,668.68 18,983.99 21,652.67 60 Equipment Replacement 50,215.00 50,215.00 70 Police Pension 0.00 75 Firefighters' Pension 33.00 33.00 80 Sewer 1,635.95 7,398.26 9,034.21 90 Debt Service 0.00 91 SSA4A Debt Service 0.00 93 SAA 269 0.00 94 sAA 270 0.00

196,811.11 273,486.86 470,297.97

Village Manager Village Clerk

President Trustee

Trustee Trustee

Trustee

q' ù VILLAGE OF LA GRANGE Disbursement Approval by Fund January 22,2007 Consolidated Voucher 07 0122

Fund 01122107 01112107 No Fund Name Voucher Payroll Total

01 General 249,930.18 246,355.42 496,285.60 21 Motor FuelTax 0.00 22 Foreign Fire lnsurance Tax 0.00 23 TIF 1,154.21 1,154.21 24 ETSB 5,193.01 5,193.01 40 CapitalProjects 9,928.63 9,928.63 50 Water 157,845.49 28,706.13 186,551.62 51 Parking 15,496.15 18,992.06 34,488.21 60 Equipment Replacement 0.00 70 Police Pension 0.00 75 Firefighters' Pension 0.00 80 Sewer 9,796.70 6,649.12 16,445.82 90 Debt Service 0.00 91 SSA 4A Debt Service 0.00 93 SAA269 0.00 94 SAA27O 0.00

449,344.37 300,702.73 750,047.10

Village Manager

President Trustee

Trustee Trustee

Trustee

/v ü MINUTES

VILLAGE OF LA GRANGE BOARD OF TRUSTEES REGULAR MEETING Village Hall Auditorium 53 South La Grange Road La Grange,lL 60525

Monday, December 11,2006 - 7:30 p.m.

1. CALL TO ORDER AND ROLL CALL

The Board of Trustees of the Village of La Grange regular meeting was called to order at 7:35 p.m. by President Asperger. On roll call, as read by Village Clerk Robert Milne, the following were:

PRESENT: Trustees Horvath, Langan, Livingston (arrived 7:40 p.m.), Pann and Wolf with President Asperger presiding.

ABSENT: Trustee Cremieux

OTHERS: Village Manager Robert Pilipiszyn Assistant Village Manager Andrianna Peterson Village Attomey Mark Burkland Community Development Director Patrick Benj amin Finance Director Lou Cipparrone Public V/orks Director Ken Watkins Police Chief Mike Holub Fire Chief David Fleege Suburban Life Reporter Joe Sinopoli Doings Reporter Ken Knutson

2. PRESIDENT'S REPORT

A. Employee Recognition - Police Officer Miles Odom for His Active Military Service in Support of Operation Iraqi Freedom

President Asperger explained to the audience that in April of 2005, La Grange Police Officer Miles Odom reported for active military duty with the United States Army in support of Operation Iraqi Freedom. Noting his numerous promotions and awards as part of a Military Intelligence Unit, President Asperger and the Village Board recognized his service to our country and presented Miles with a Commemorative Iraqi Freedom Medal and Certificate. 5 ù Board of Trustees Regular Meeting Minutes Monday, December 11,2006 -Page2

B. Employee Recognition - Police Department Employees and Others Involved in a Recent Burglary-In-Progress Call

On November 30, 2006 several members of the Police Department helped to foil an attempted residential burglary. President Asperger recognized Lieutenant Chris Noel, Sergeant Renee Strasser, Officer Russ Chorley, Officer Duane Murray, Investigator Rob W'ardlaw, lnvestigator Dave Rohlicek, Telecommunications Operator Holly Seymour and Telecommunications Operator Kathy Lockwood for their outstanding performance of duty. These individuals were nominated for a Unit Citation which is awarded to a group or team of employees who in concert have performed an exceptionally valuable act in the line of duty, including an investigation, tactical operation or other endeavor leading to a major arrest, a significant arrest, a key accomplishment in the area of crime prevention or coÍlmunity service. President Asperger and the Village Board recognized these employees for their dedication and service to the Village.

President Asperger expressed pride having received notification from the Cook County Sheriffs Office of several young adults from La Grange who have volunteered more than 100 hours of their time to service in the community.

With sadness and deep concem, President Asperger announced a fatal shooting which occurred yesterday afternoon in the vicinity of Lincoln Avenue and V/ashington Avenue. President Asperger indicated that the Police Department received a 911 call from an individual who reported hearing shots fired, whereby Police and Fire emergency units immediately responded. The victim, a 4l year old male Village resident, was transported to Loyola University Medical Center, however did not survive his injuries.

President Asperger strongly advocated the Village's aggressive response to this situation. La Grange Police took immediate action and with the help of the South Suburban Task Force, 40 criminal investigators became involved in attempting to solve the crime. Explaining that this is not just a neighborhood problem but rather a community problem, President Asperger noted the Village will use every available resource to maintain safety and security. President Asperger announced the establishment of a permanent tip line (708) 579-0688, whereby residents can report any gang or criminal activity while remaining anonymous.

President Asperger encouraged residents to reach out to their neighbors and use whatever resources to report inappropriate or criminal behavior in La Grange, noting that La Grange is a community that cares and works together. President Asperger encouraged residents to assist the Police Department in their search for individuals in order to help eliminate criminal behavior.

) :> \.{ Board of Trustees Regular Meeting Minutes Monday, December 11,2006 - Page 3

The Village Board held a special meeting on December 4,2006 at which time approval was given for a three story, mixed use development project known as La Grange Pointe. Representatives from Inland Real Estate and HBD Cambridge are in the audience this evening and the Village is looking forward to working with them for the development of this retail and senior urban living facility.

Congratulations were extended to the La Grange Business Association on their successful Holiday V/alk.

President Asperger stated the Plan Commission meeting scheduled on Tuesday, December 12 will continue discussion of zoning code amendments along with considering a second medical office building on the La Grange Memorial Hospital campus.

Lastly, President Asperger noted the Village Board would not meet again until after the holiday season.

3. PUBLIC COMMENTS REGARDING AGENDA ITEMS

Tony Casaccio, President of Inland Real Estate extended special thanks to President Asperger, Trustee Horvath and Village staff for meeting to resolve issues relating to the La Grange Pointe development project and emphasized the project would cornmence this Spring.

Dave Sanders of HBD Cambridge and Tim Flanagan of Midco concurred with Mr. Casaccio's sentiments.

4. OMNIBUS AGENDA AND VOTE

A. Ordinance (#0-06-33) Design Review permit (DRP) #71-35 S. La Grange Road, Norman Titiner, on Behlaf of Allen Greenberg, Property Owner

B. Resolution (#R-06-24) - Emergency Services and Disaster Planning / Establishment of a Community Emergency Response Team (CERT)

C. Resolution (#$-06-25) Application for Grant Funds / Emergency Services and Disaster Planning - Waiola Park Outdoor Warning Siren System D. Agreement - Emergency Services and Disaster Planning / Agreement to utilize St. Cletus Church as an Emergency Community Staging Site

E. Engineering Services Agreement - Neighborhood "G" Street Resurfacing project (Heuer & Associates $165,927)

r^ .lr,' Board of Trustees Regular Meeting Minutes Monday, December 1L,2006 -Page 4

F. Consolidated Voucher 061211 - $535,535.40

G. Minutes of the Village of La Grange Board of Trustees Town Meeting, Monday, November 27, 2006

H. Minutes of the Village of La Grange Board of Trustees Special Meeting, Monday, December 4, 2006

It was moved by Trustee Langan to approve items A, B, C, D, E, F, G, and H of the Omnibus, seconded by Trustee Pann. Approved by roll call vote.

Ayes: Trustees Horvath, Langan, Livingston, Pann, Wolf and President Asperger Nays: None Absent: Trustee Cremieux

5. CURRENT BUSINESS

A. Ordinance (#0-06-39) - Abatement of 2006 Tax Levy I 2005 Street Light Refunding Bonds: Referred to Trustee Horvath

Trustee Horvath explained that in 1998 the Village Board approved the issuance of alternate revenue bonds, which mature in 2017, to complete the Residential Streetlight Program. Due to more favorable interest rates in 2005, the Village adopted an ordinance authorizing the refunding of the remaining outstanding bonds, thereby saving the Village approximately $100,000 in interest. Trustee Horvath added that the Series 2005 bond issue is a general obligation, alternate revenue source issue, backed by the full faith and credit of the Village. Revenues derived from the collection of utility taxes are pledged to pay the principal and interest expenditures related to this issue. Because sufficient revenues from the utility tax are available within the General Fund, it is appropriate to abate this portion of the tax levy.

It was moved by Trustee Horvath to approve the Ordinance abating taxes levied for 2006 with respect to the $2,785,000 General Obligation Refunding Bonds, Alternate Revenue Source, Series 2005, in the amount of $281, 958, seconded by Trustee Langan. Approved by roll call vote.

Ayes: Trustees Horvath, Langan, Livingston, Pann, and V/olf Nays: None Absent: Trustee Cremieux

B. Resolution - Levying a Tax for Library Operating Purposes: Referred to Trustee Horvath 5,) r{ Board of Trustees Regular Meeting Minutes Monday, December 11,2006 - Page 5

Trustee Horvath explained that because the La Grange Library is a "municipal library''rather than a separate'þublic library district" it must levy property taxes as part of the Village of La Grange tax levy. The La Grange Library Board of Trustee's 2006 levy request for operating purposes in FY 2006-07 is $l,614,024whichis a4.37Yo increase over last year's tax levy. This is the allowable increase under the Property Tax Limitation Act and is equal to the increase of the Village tax levy request.

Trustee Horvath noted that Library Director Steve Moskal is in attendance to answer any questions.

It was moved by Trustee Horvath to accept La Grange Public Library Resolution No. R-I1-A-2006, approved by the Library Board, seconded by Trustee Langan. Approved by roll call vote.

Ayes: Trustees Horvath, Langan, Livingston, Pann and Wolf Nays: None Absent: Trustee Cremieux

C. Ordinance (No. 0-06-40) - Property Tax Levy for Village Operations: Referred to Trustee Horvath

Trustee Horvath explained that since the tax levy did not exceed Truth in Taxation requirements it was not necessary to hold a public hearing to adopt the final levy. The final tax levy includes an increase of 437Yo, exclusive of debt service, over the prior year's tax extension. The increase reflects the allowable increase under the Property Tax Limitation Act of 3.4o/o (Consumer Price Index) as of December 2005.

Trustee Horvath noted that on average, a home with a property value of $250,000 would only incur an annual increase of $25.13 from the Village levy and $1.36 form the Library levy.

Although a Special Service Area levy is filed with Cook County to fund on-going maintenance of the Central Business District, it is not subject to Truth in Taxation requirements. By ordinance the Special Service Area levy is to be adjusted annually by the Consumer Price Index utilized as part of the Property Tax Limitation Act. Trustee Horvath noted the 2006 Special Service Area levy of $53,406 reflects an increase of 3.4o/o over last year's levy of $51,650.

Although there was no discussion, President Asperger informed the audience that the Board of Trustees has thoroughly reviewed documentation provided to them prior to this meeting.

q s r^ Board of Trustees Regular Meeting Minutes Monday, December 11,2006 - Page 6

It was moved by Trustee Horvath to adopt the ordinance requestinga2006 property tax levy of $6,479,360, exclusive of debt service, which is a 4.37% increase from the 2005 lev¡ seconded by Trustee Pann. Approved by roll call vote.

Ayes: Trustees Horvath, Langan, Livingston, Pann and Wolf Nays: None Absent: Trustee Cremieux

6. MANAGER'S REPORT

Village Manager Robert Pilipiszyn announced the holiday schedule with Village offices being closed at noon on December 22 and29 and all day on December 25 and January l, 2007. Police and Fire Departments would remain operative. Public Works would be available for emergency call-backs.

The refuse schedule for pick-up during the holidays for residents north of 47th Street would be Tuesday, December 26 and Tuesday, January 2. For residents south of 47th Street refuse pick-up would be on Friday, December 29 and Friday, January 5.

Beginning Tuesday, December 26 through Thursday, January 11, holiday trees will be picked up at the parkway at no cost to residents.

The next regularly scheduled Village Board meeting will be Monday, January 8, 2007.

7. PUBLIC COMMENTS REGARDING MATTERS NOT ON AGENDA

None

8. EXECUTIVE SESSION

A. Closed Session - Purchase, Sale or Lease of Real Property

It was moved by Trustee Langan and seconded by Trustee Pann to convene in the lower level conference room for Executive Session to discuss the purchase, sale, or lease of real property. Approved by roll call vote.

Ayes: Trustees Horvath, Langan, Livingston, Pann and V/olf Nays: None Absent: Trustee Cremieux .4t )' '.,{ Board of Trustees Regular Meeting Minutes Monday, December 11,2006 -Page7

9. TRUSTEE COMMENTS

Trustee Livingston commented on the cornbined efforts and successful initiative arrived with the developers for La Grange Pointe.

Trustee Langan expressed good wishes for the holidays to all.

10. ADJOURNMENT

At 8:l 5 p.m. the meeting was adourned to the lower level conference room for closed session.

Elizabeth M. Asperger, Village President ATTEST:

Robert N. Milne, Village Clerk Approved Date

q sþ CURRENT BUSINESS VILLAGE OF LA GRA}IGE Community Development Department BOARD RE PORT

TO: Village President, Village Clerk Board of Trustees and Village Attorney

FROM: Robert J. Pilipiszyn, Village Manager Patrick D. Benjamin, Community Development Director Angela Mesaros, Assistant Community Development Director

DATE: January 22,2007

RE ORDINAI\CE - VARIATION - NUMBER OF SIGNS PER LOT /SPRINT NEXTEL" 115 N. LA GRANGE ROAD.

The petitioner, Sprint Nextel, wishes to place signage on the south side of its business facing Ogden Avenue at 115 North La Grange Road. The subject property is tlpical of most commercial properties in the Village. Sprint's building fronts on La Grange Road; therefore, its signage is located on the building face along La Grange Road. Because the property directly to the south of Sprint is currently a vacant lot, the business can currently be seen by traffic on Ogden Avenue. However, the building does not front Ogden Avenue. According to the ZoningCode, signs are only permitted on each face of the building upon which the business fronts the public righroÊway, public parking lot or public parking structure. Therefore, a sign permit could not be issued for Sprint. ln orderto allow signage forthe Sprintbusiness, thepetitioner seeks avariation from Subsection 1l- l09C of the Zoning Code, Number of Siens Permitted per Lot. Subparagraph 1a-303E1(g) (Authorized Variations) allows the variation of all sign regulations except the standards in Subsections 1l-1054 through K, O, and P of the ZoningCode. The requested variation falls within the authorized limits of the ZoningCode.

According to the ZoningCode, the regulation of signs is intended, in part, to create a more attractive economic and business climate within the office and commercial areas of the Village and to enable the public to locate goods, services, and facilities in the Village without confusion. According to the petitioner, the signage would enable customers to locate theirbusiness more easily and avoid traffic and safety issues. The proposed signage would meet Code requirements regarding type, setback, height and surface area.

On December 21, 2006, the Zoning Board of Appeals held a public hearing on this matter (see Findings of Fact). At the public hearing, the petitioners presented the application. The motion to recommend that the variation be granted as requested failed: two (2) ayes and three (3) nays. Pursuant to Subsecti on l3-202D of the Zoning Code, at least four aye votes are required to decide in favor of any application.

Þ 4 / Board Report - January 22,2007 Variation - Sig¡rage 115 N. La Grange Road ' Page2

Those ZoningBoard members recommending denial cited the fact that this application shows no particular hardship, and thus, they must uphold the intent of the ZoningCode.

The members voting in favor cited the following facts: this type of signage is currently located at other stores in downtown La Grange; and the sign could help avoid traffic issues due to confusion on the part of motorists coming from the south who maybe looking for the store and unable to locate it. Finally, by Code, Sprint could have a sign inside the store setback five feet from the window; however, due to the narrowness of the store, a sign, would cut substantially into the show room.

To clari$r the point made that this type of signage is currently located at other stores in downtown La Grange, staff would like to provide the Village Board with some additional information. Businesses located on a corner such as Blueberry Hill and Chipotle, are entitled to a second sign because the space which they occupy faces two public rights-oÊway. Consequently, we need to identify businesses located mid-block in order to make a fair and equivalent comparison. Three similarly-situated businesses were cited during the ZoningBoard of Appeals' deliberation. They are as follows: Hortons, Via Bella and Hollywood Video. Each example has an explanation as follows:

Hortons - Several variances, including the second wall sign, were granted to Hortons prior to 199 I These variances pre-dated our current ZoningCode.

Via Bella- In the C-l District, businesses are entitled to an identification sign, up to four square feet. It can be located on a building face or storefront window. Via Bella is located in the C-l District and the second sign is an identification sign. Consequently, it is a permitted sign.

Hollywood Video - The second wall sign was permitted under the Zoning Code because the building face was adjacent to a public parking lot. Although that lot has since been replaced by a public plaza, it is a permitted sign.

If you concur with the recommendation of the ZoningBoard of Appeals to deny the request, then a motion to deny the variation is in order. No resolution or ordinance memorializing such action is necessary. Conversely, should you choose to grant the variation, a motion to approve the attached ordinance authorizing the variation would be appropriate.

Please note that in accordance with State Statute, the approval of the anyproposed variation which fails to receive the approval of the Board of Appeals will not be passed except bythe favorable vote of two-thirds (213) majority vote by roll call of the all Trustees currently holding office (four out of six Trustees).

Staff has prepared the attached ordinance authorizing the variation for your consideration.

) þ b FINDINGS OF FACT

ZONING BOARD OF APPEALS OF THE VILLAGE OF LA GRANGE

President Asperger and December 21,2006 Board of Trustees

RE: ZONING CASE #552: VARIATION - NUMBER OF SIGNS PER LOT/ SPRINT NEXTEL. 115 N. LA GRANGE ROAD

The Zoning Board of Appeals transmits for your consideration its recommendations for a request of zoning variation necessary for signage on the property at 115 N. La Grange Road.

I. THE STJBßCT PROPERTY:

The subject property is a commercial lot with a 100-ft. width and a depth of 139 ft.

II. CHARACTERISTICS OX'THE SURROUNDING AREA:

The subject property is located in the C-3 General Service Commercial District.

III. VARIATIONS SOUGHT:

The petitioner seeks a variation from Subsection 11-109C (Number of Signs Permitted Per Lot) of the Village of La Grange Zoning Code. At the public hearing the petitioner requested the variance to allow signage on the subject property. Subparagraph 14- 303E1(g) (Authorized Variations) allows the variation of all sign regulations except the standards in Subsections 1l-1054 through K, O and P of the Zornng Code. The requested variation falls within the authorized limits of the ZoningCode.

IV. THE PUBLIC HEARING:

After due notice, as is required by law, (including legal publication, posting at the subject property and courtesy notices to owners within 250 feet of the subject property) the Zoning Board of Appeals held a public hearing on the proposed variation on December 21,2006, in the La Grange Village Hall Auditorium. Present were Commissioners Nathaniel Pappalardo, Charles Benson, Jr., Bill Holder, Ian Brenson and Chairperson Ellen Brewin presiding. Also present was Staff Liaison, Angela Mesaros. Testimony was given under oath. No objectors appeared at the hearing and no written objections have been filed to the proposed variation.

Chairperson Brewin swore in Ray Dake of Paradise Signs, agent for Sprint's retail store at 115 N. La Grange Road, who presented the application: v þ 2 FF - ZBA Case #552 RE: Sprint Nextel Variation - 115 N. La Grange Road December 21, 2006 - Page 2 a Mr. Dake stated that Sprint and Nextel merged in July 2005 and consolidated their businesses and opened a retail store at the subject property. They are requesting a variation in order to gain visibility from Ogden Avenue. a As allowed by Code, they have a sign in front of the store, but any sign on the Ogden side of the store would be located inside and setback five feet. Given the nrrrrowness of the store, this cuts substantially into their show room and they would not be able to operate their business if placed that far from the window. a Monument sign is too low to the ground and cannot be seen from the corner of Ogden Avenue and La Grange Road. This creates a potential traffic hazard.

Chairperson Brewin solicited questions from the Commissioners: a Commissioner Holder asked if the size of the sign conforms to the Code. Answer Yes. a Chairperson Brewin asked about the legislative intent of this Code provision. Answer: To allow signage only when it faces public parking and public rights-of- way. a Chairperson Brewin asked why Sprint's sign is smaller than the other business that shares the space. Answer: this is part of Sprint's lease agreement with the landlord. a Commissioner Brenson asked about the capacity in which Mr. Dake has requested the variation. The application did not have a properly notarized signature from an authorized agent.

After discussion of the proper procedure, a motion was made by Commissioner Holder and seconded by Commissioner Benson that Mr. Dake proceed on proviso that the owner or lessee of the store or their agent present a qualified application, properly notarized and fulfilling the elements of a proper application no later than January 10,2007, authorizing Ray Dake, Paradise Signs, to represent Sprint Nextel.

Motion carried by a roll call vote (4lIl2).

AYE: Pappalardo, Benson, Holder and Brewin. NAY: Brenson. ABSENT: Pierson and Schwappach.

% t^. 2 FF-ZBA Case#552 RE: Sprint Nextel Variation - 115 N. La Grange Road December 21,2006 - Page 3

a Commissioner Brenson stated that he considers the application null and void. o Commissioner Benson asked about similar signage on other businesses such as Via Bella, Hollywood Video and Horton's Ace Hardware. He stated that he had recently viewed these properties that had signage on the side of the buildings. None of these faced two public right of ways. a Commissioner Brenson asked about potential development on the comer of Ogden and La Grange Road that would block the sign. Answer: any building would be permitted to be built to the corner with no setbacks required at which point the proposed sign would be blocked.

Under the provísions of the Zoning Ordinance, no vøriation shall be granted unless the applicant establishes that carrying out the strict letter of the provisions of this code would create a particular hardship or practical dfficulty. Such a showing shall require proof that the variation sought satisfies certain conditions. The followíng facts were þund to be evident:

l. Unique Physical Condition:

The subject property is typical of businesses located in the C-3 district; this building is similar to the property directly to the north. Future development of the property to the south, which will be forthcoming would likely block visibility from Ogden Avenue of the proposed signage.

Z. Not Self-Created:

This building was in existence as a retail use prior to the current occupancy by Sprint.

3. Denied Substantial Rights:

According to the petitioner, the variation would provide customers with better visibility. Without the requested signage variation, customers might not find the store as easily from Ogden Avenue.

4. Not Merely Snecial Privilese:

Businesses that front two public rights-of-way in the Village are permitted signage on both sides of their buildings. However, businesses similar to Sprint would not be q È 2 FF - ZBA Case #552 RE: Sprint Nextel Variation - I 15 N. La Grange Road December 21,2006 -Page 4

permitted additional signage. Sprint is permitted signage on their storefront facing La Grange Road, which is exactly the same signage as the majority of downtown businesses. There are business on LaGrange Road in a similar situation that do have signage similar to what is requested by petitioner.

5. Code Plan Pumoses

According to the Zoning Code, the regulation of signs is intended, in part, to create a more attractive economic and business climate within the office and commercial areas of the Village and to enable the public to locate goods, services, and facilities in the Village without confusion. According to the petitioner, the signage would enable customers to locate their business more easily and avoid traffic and safety issues. The proposed signage would meet Code requirements regarding type, setback, height and surface area.

6. Essential Character of the Area:

According to the petitioner, the interior sign would blend into the surrounding area. However, the proposed signage could potentially create a distraction for pedestrians and automobile traffic along Ogden Avenue. At the same time, the sign could also help avoid traffic issues due to confusion on the part of motorists coming from the south who may be looking for the store and unable to locate it.

7. No Other Remedy:

The business fronts a public right-oÊway, La Grange Road, and the petitioners currently have signage facing La Grange Road without the variation.

V. FINDINGS AND RECOMMENDATION:

a Commissioner Brenson stated that he has seen no particular show of hardship.

o Chairperson Brewin stated that she is impressed that this type of sign is currently located on other stores in downtown La Grange.

a Commissioner Pappalardo stated that the Zaning Board of Appeals is limited to interpret the Code strictly. They cannot take liberties with interpretation in their recommendations.

There being no further questions or comments from the audience or the Commissioners, a motion was made by Commissioner Benson and seconded by Commissioner Holder that

I þ 2 FF-ZBA Case#552 RE: SprintNextel Variation- I l5 N. La Grange Road December 21,2006 - Page 5

the Zoning Board of Appeals recommend to the Village Board of Trustees approval of the application submitted with ZBA Ca.se#552.

Motion FAILED by a roll call vote (3/2/2).

AYE: Benson, Holder and Brewin. NAY: Pappalardo and Brenson. ABSENT: Pierson and Schwappach. BE IT THEREFORE RESOLVED that the Zomng Board of Appeals failed to recommend approval to the Village Board of Trustees that variation from Subsection I l- l09C (Number of Signs Permitted per Lot) be granted to allow signage at 515 S. La Grange Road.

Respectfully submitted:

ZonrngBoard of Appeals of the Village of La Grange

BY: ú/"* 8,,*,r - Ellen Brewin, Chairperson

\g 2,,? ORDINANCE NO. O-07-

AN ORDINANCE ALLOWING ZONING VARIATION OF THE VILLAGE OF LA GRANGE

THIS DAY OF 2007

Published in pamphlet form by authority of the Board of Trustees of the Village of La Grange, County of Cook, State of lllinois, this day of _,2007.

WHEREAS, Sprint Nextel, lessee of the property commonly known as I 15 N. La Grange Road, La Grange, Illinois, and legally described as follows:

Lots 4 and 5 in Lyman's Subdivision of part of the north half of Section 4, Township 38 North, Range 12 east of the Third Principal Meridian, in Cook County, Illinois. have applied for a variation from Subsection I l-109C (Number of Signs Permitted Per Lot) of Chapter 154 ofthe Village of La Grange Code of Ordinances in orderto allow signage onthe south side of the above referenced property. The Zoning Board of Appeals, as required by law, has conducted a duly noticed public hearing on this matter on December2l,2006.

BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LA GRANGE, COUNTY OF COOK, AND STATE OF ILLINOIS:

SECTION I : A va¡iation from Subsection I I - I 09C (Number of Signs Permitted Per Lot) of Chapter 154 ofthe La Grange Code of Ordinances, to allow signage be hereby granted to the owner of the above-referenced property.

SECTION 2: This Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form for review at the La Grange Village Offrces and the La Grange Public Library.

ADOPTED this- day of , zù07,pursuant to a roll call vote as follows:

AYES:

NAYS:

ABSENT:

,{^1 2 APPROVED by me this _ day of 20,07,

Elizabeth M. Asperger, VILLAGE PRESIDENT

ATTEST:

Robert N. Milne, CLERK

,È$ 2 STAFF REPORT

CASE: ZBA#552 - Ray Dake/Paradise Signs - 115 N. La Grange Road - Number of Signs Permitted Per Lot

BACKGROUNI)

(Note: This Staff Report is solely based on information presented in the application and on a physical inspection of subject property and environs, and is not influenced by any other circumstance.)

The petitioner, Ray Dake of Paradise Signs, is applying for a variation to allow additional signage for Sprint at ll5 N. La Grange Road. The subject property is located in the C-3 General Service Commercial District. According to the Zoning Code, signs are only permitted on each face of the building uponwhichthe business fronts the public right-of-way, publicparking lotorpublicparking structure. Sprint's building fronts on La Grange Road; therefore, its signage is located on the building face along La Grange Road. Because the property directly to the south of Sprint is currentþ a vacant lot, the business can currently be seen by traffic on Ogden Avenue. However, the building does not front Ogden Avenue. Therefore, a sign permit could not be issued for the southern face of the Sprint building, which faces a private parking lot.

The petitioners would like to provide visibility for customers trying to find the business from Ogden Avenue by installing a sign on the south face of their building. They seek a variation from Subsection l1-109C of the Zoning Code, Number of Signs Permitted Per Lot. in order to allow additional signage for the Ogden side of the Sprint business. Subparagraph l4-303E1 (g) (Authorized Variations) allows the variation of all sign regulations except the standards in Subsections I I - I 05 A through K, O, and P of the ZonngCode. The requested variation falls within the authorized limits of the ZoningCode.

VARIATION STANDARDS ln considering a variation, be guided by the General Standard as outlined in our ZoningCode that "No variation shall be granted pursuant to this Section unless the petitioner shall establish that carrying out the strict letter of the provisions of this Code would create a particular hardship or a practical difficulty. Such a showing shall require proofthat the variation being sought satisfies each of the standards set forth in this Subsection."

Unique Physical Condition - "The subject property is exceptional as comparedto other lots subject to the same provisíon by reason of a unique physical condition, including presence of an existing use, structure, or sign, whether conþrming or nonconþrming; irregular or substandard shape or size; exceptional topographicalfeatures; or other extraordinaryphysical conditíons peculiar to and ínherent ín the subject property that amount to more than a mere inconvenience to the owner and that relate to or arise out of the lot rather than the personal situation of the current owner of the lot." I 6'r Staff Evaluation Criteria ZBA#552 - 115 N. La Grange Road Variation - Signage Page2

The subject properly is typical ofbusinesses located in the C-3 district; this building is similar to the property directly to the north. Future development of the property to the south, which will be fonhcoming would likely block visibility from Ogden Avenue of the proposed signage.

Not Self-Created - "The aforesaid unique physical condition is not the result of any action or ínaction of the owner or íts predecessors ín títle and existed at the time of the enactment of the provísions from which a variation is sought or was created by natural þrces or was the result of governmental action, other than the adoptíon of thß Code, þr which no compensation was paid,"

This building was in existence as a retail use prior to the current occupancy by Sprint.

Denied Substantial Rights - "The carrying out of the strict letter of the provisionfrom which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other lots subject to the same provision."

According to the petitioner, the variation would provide customers with better visibility. Without the requested signage variation, customers might not find the store as easily from Ogden Avenue.

Not Merely Special Privilege - "The allegedhardship or dfficulty is not merely the inability ofthe owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely an inabilíty to malæ more rnoney from the use of the subject property; provided, however, that where the standards herein set out exist, the existence of an economic hardship shall not be a prerequísite to the grant of an authorízed variation."

Businesses that front two public rights-of-way in the Village are permitted signage on both sides of their buildings. However, businesses similar to Sprint would not be permitted additional signage. Sprint is permitted signage on their storefront facing La Grange Road, which is exactly the same signage that the majority of downtown businesses have.

Code and Plan Purposes - "The variation would not result in a use or development of the subiect property that would be not in harmony wíth the general and speciJìc purposes þr which this Code and the provisionfrom which a variation is sought were enacted or the general purpose and intent of the Official Comprehensive Plan."

According to the ZoningCode, the regulation of signs is intended, in part, to create a more athactive economic and business climate within the offrce and commercial areas ofthe Village and to enable the public to locate goods, services, and facilities in the Village without confusion. According to the petitioner, the signage would enable customers to locate their business more easily. The proposed signage would meet Code requirements regarding type, setback, height and surface area. \o .r 'h , Staff Evaluation Criteria ZBA#552 - 115 N. La Grange Road Variation - Signage Page 3

Essential Character of the Area - "The variationwould not result in a use or development on the subject property that: a. Would be materially detrimental to the public welfare or materially injuríous to the enjoyment, use, development, or value ofproperty or improvements permitted ín the vicinity; or b. llould materially impaír an adequate supply of líght and air to the propertíes and improvements in the vicinity; or c. l(ould substantially increase congestion in the public streets due to traffic or parking; or d. I4¡ould unduly inøease the danger offlood orfire; or e. l4¡ould unduly tax public utilities andfacilitates in the area; or f Would endanger the public health or safety."

No Other Remedy - "There is no means other than the requested variation by whích the alleged hardship or diftculty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property."

The business fronts a public right-of-way, La Grange Road, and the petitioners currently have signage facing La Grange Road without the variation.

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the existing rcgulations" becausç: b. A reasonable rEtr¡rn or u$e of your p.roperty is npt possible ¡rnde -

c. Your sitl¡atiorr is uniqræ (not applioable to other propc'rties within that zoning disüict or area) in the following

2. Unique Physical Condition. ThÊ subject pfopeÍy is exceptional * compaild to other lots subje* to the same provision by teason of aunique pþsical oondition, including pÉsence of an existing wÊ, stn¡cture, or sign, uùçthcr confoming or ponconfomi¡rg; irtegrrlar o¡ substaodard shape or sizc; occeptionpl topographical foatrues; or other exuâordinary physical gonditions peculiar to a¡rd iühÊre[t in the zubjeot property that amount to morc tha¡r a mere inconveaience to the owuer and that relàæ to or'arise out ofthe lcit rirther than tho personal situàtioa ofthe ouirent owner of the lot. int ,r*) t 4,Jtor< T)Pr.r/nw \n^t ûA L âln{ ¿t I I [7, 7 n,n? r,+1^ Àt pv I ]n UJ ,;Atì l t ^r/rl

cÍ 2 06/Lt/2006 10:07 FAX 1 708 579 O0SO VILI,ACE OF I,A GN.ÀNGE Boo¿

is not the ¡esult of any astion or inaotion of the ownEr ,3, l-.Iot Sclf-e¡es[&d. Thp aforcsaid unique physiclt condition of provisions from which a variation is sougþ or its predecos*oË io tittu and existod at'tt tim" of ths maÉtn€nt the adoptionoftbiscode, füwhich orwascreatedbynntural forc€sorwastheresultofgovernmentalaction,ofüølhanthe no çoffip€,llsation was paid

variatíon is sorry[t 4. nenied subsøntiel Rights. The oarrying out of the strigl lgtter of the provision from which a by owrrors of other lots zubjest would deprive thp owncr ofthe subject prropãrty of substantial rights comrnonly enjoyed to the same provision.

or occupant to S. Not Mer€I..,/ Special privilege. The alleged hardship or diffïculty is not merely inability ofthe owner *¡ onal right not available to owners or occupants of other lots subject to the same präuirioo, noi*utuiy * iñ"uitity to make ño.r *oo"y fromtheuse ofthe subjectpropely; providd howwer,thd grant where the stand¡rds herein sst out exist, the existerrce of an economíc hardship shall not be a preroquisite to ttre of an authorizeä r¡ariation,

6. Code and PIiu huposcs. The variation would not result ia a use or development ofthe subject property thatwould be not ia hartrony with the general and specificpufposes forwhichthis Codc andtho provision ftomwhich avatiatíon is sought wÇre¡oûâcted orthe general purpose and inteot of the Official Comprehe,lrsive Plan'

s.\þ ?'/ 06/16/2008 10: O7 FAX 1 708 5?9 OOSO VILI,AGE OF IIT GRANGE @oos

property The varíation would not result in a use or development on the subject tlt* . T. Ëss@ to enjoyment, use' (a) would be materially deEimsntal to the public welfare or materially injurious the or Oevelopnent, or value of property or improvemonts permitted in the vicirtity; improvÊne'îts in ús þ) woulrl materiâlly impair an a@rrate supply of light ard air to thê properties and vicinity;ior patking; or (c) Would substantiälly lncreæe congestiôn in ths publíc st¡€ets due to traff,tc or

(d) Would urrduly increase the danger of flood or fire; or

(e) would unduly tat public utilities and facilitiês in the arGß; or

(fl Wouldendangorthe hêålth or safetY.

vari by whioh the alleged hardship or difficuþ g. No Other Rsmedv. There ìs no mcans other than ttre requested aüon can be avoided.orrçmedied to a dcgree sufñcient to pçrmít a reasonåble usc of tho subject pmpcrty.

i ***

{ NOrICE: Ttris applicstion musrbÊ filedwith the offrce of the Community Dcvelopment-T*.t, accompaniedþ n"esiry aata,cadà for above and the required ñling fee of Five Hundred Dollan (S500'00),

The abovo minimum fee shall be payable at ttre time of the frling of such rcquest. It is also mderstood that the appli¡ant shall rcimbursi the Viltage any addldonal cosß over and above these minimums which are incr¡ned by the Villagp' inctuding but 4ot limited to the following:

(a) Legfll Publication (dittct cost);

(b) Recoding Sccrçta¡ial Scnrices (dircct cost);

\1 a 5' È L2/27/2øø6 1Ø:15 2L422L7244 PARIDISE 5IGNS PAGE ø2 ti.3.f Évvo !yt!r, an¡ ¡ ,lJ|q arv vva9 Y ¡¡¡¡¡Âr''! V¡f l¡ll \t¡fll¡'ltt¡¡ rElvl,a

sufficiattto (d) Adninistdive Rcn'ícwand P¡cparntion (bo*ly ealry {mes t multþliec rccovcr 100 percent ofthe dfuc¿ and indiregl cost of mþh rtviceh

(e) DoørmøtPnqparationa¡¡dftpvisw(hourly satarylitnes amultþlíersuffiCiørlttorectn¡cr 100 poraontofthe ilirect and indkect post of suçb ærvicc)¡

(f) hroftssional a¡d Toohnlcal Consultaqt $crr¡tce¡ (dirætoost);

G) l,¿¡¡l Rcview, Connultadon" andAdvlaa (dircctcostl (h) CopyRspnû¡ction(dircotco$);urd

(t) Doctm€üRecordetion(dûpctco$)¡and

$) PosxtgeCosts(diroctcoet).

Suqh sdditional cods shåll be patd W üe applicant prior to the Board of Th¡stÊes making e dccision regarding lbc requcst.

I, the uttdÊtsignÉ4 do hcttåy centÍ{ thst I m tbe oumer, or coú?slpurchaser(Evlde¡so of tÍ¡le or othc lnterut ¡'nn hm'c in lhe ¡ubjeoú pttopÉrty, d¡fe of ¡cqni¡itio¡ cf sucü intErrcrg ¡¡d the spccîfio müne of ¡uch futerest nEút be ¡ubmitfedwtlù eppliclfion.) anddohørcþcertify thcthorbove statemeirtsareeuo andcoinestb thebestofny knowledge.

of Oq¡nror Purchaser) (Add¡ess) X fL z (city) (Stau1 (Zþ code) Å

Sr¡bscdbcd a'rd st¡oat to befo¡e nc tùis A1/!L*, of [e@!r,lt*t,zo 0-L. d (sed)

3 2t07 JAN 0 .( --at------a-¿lg ¡.- --ú r.l' \ß 2 27 ùecerctber 2OQ6 I 200? Angelo lÂesoros JANOs ì Villoge of Laêrange ìatlerl¡ l¡ l- 53 5o. La 6ran9e Road ------¡-----_ ¡¡¡¡¡ooa¡J l-aGrange,IL ó0525 h ^^N

Angela, Enclosed is o signed ond notor¡zed signoture Wè for a vorionce opplicotion for Sprint's r¿toif store in La 6ronge. Another Doy in Parodise signs is performing fhe work for us at this locotion.

Îf you hove any gu¿stions or ne.ed odditionol information please coll me on my PCS phone, 847.97t.53rc.

Regords,

Operations ltÀonager Illinois & Wisconsin

,È'S 2 EXECUTIVE SESSION VILLAGE OF LA GRANGE Adminishative Offices

BOARD REPORT

TO: Village Clerk, Board of Trustees and Village Attorney

FROM: Elizabeth M. Asperger, Village President

DATE: January 22,2007

RE CLOSED SESSION _ PURCHASE. SALE. OR LEASE OF' REAL PROPERTY

It isrequested that the Village Board meet in Closed Session, in accordance with Section 5 ILCS 120/2 of the lllinois Compiled Statutes, for the purpose of discussing the purchase, sale, or lease of real property.

CSRealEstate3

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