Agenda Packet

Transcription

Agenda Packet

VILLAGE OF MUNDELEIN
AGENDA
VILLAGE BOARD MEETING
NO. 3014
August 22, 2011 –7:00 P.M.
Fire Headquarters, 1000 N. Midlothian Road, Mundelein, IL
I.
II.
CALL TO ORDER
ROLL CALL
III.
PLEDGE OF ALLEGIANCE
IV.
APPROVAL OF MINUTES
A. Village Board Meeting – August 8, 2011 (Exhibit 1)
V.
VI.
PUBLIC COMMENTARY
PRESENTATIONS/AWARDS
VII.
PUBLIC HEARINGS
VIII.
MAYOR’S REPORT
A. Appointment of Adam Boeche as Director of Engineering/Public Works
B. Appointment of Human Relations Commission Chairperson – Gaylene Henry
C. Mayoral Proclamation – Recognizing the 50th Anniversary of Mundelein High School
(1961-2011) (Exhibit 2)
D. Motion of Remembrance – September 11, 2011 (Exhibit 3)
1. Motion to adopt A Resolution Regarding a Moment of Remembrance on the
10th Anniversary of the September 11, 2001 Terrorist Attacks on the United
States.
E. Mavericks Bar & Grill, Inc., 2061 West Maple Ave.(Exhibit 4)
1. Motion to accept the Plan Commission Minutes and Findings of Fact
2. Motion to accept the Plan Commission’s Recommendation
3. Motion to approve an Ordinance Granting a Special Use Permit for Dance Hall
and a Use Variation to Allow Live Entertainment with Conditions
1
E. Other Reports
IX.
TRUSTEE REPORTS
A. Public Works Committee (Meier)
B. Finance Committee (Sullivan)
1. Motion to approve the payment of bills, as indicated on Disbursement Pending
Report dated 08/22/11 for Motorola invoices totaling $12,384.12 (Exhibit 5)
2. Motion to approve the payment of bills, as indicated on Disbursement Pending
Report for AT&T invoices totaling $5,603.30 (Exhibit 6)
C. Public Safety Committee (Semple)
D. Community Development Committee (Voss)
E. Permits Committee (Nutschnig)
1. Report of prior Zoning Board of Appeals meeting and action on the
recommendation of the Board.
F. Transportation & Infrastructure Committee (Lentz)
1. IL Route 53 Extension Through Lake County (Exhibit 7)
a. Motion to adopt A Resolution of Support for the Extension of Illinois
Route 53 in Lake County
G. Other Reports
X.
SCHEDULED BUSINESS
Omnibus Vote Items
Exhibit
A
Motion to adopt a Resolution Approving and Authorizing the Execution of a
Termination Agreement Regarding the Construction of the Centennial Plaza
Project in Kracklauer Park
B
Motion to pass An Ordinance Amending Ordinance No. 11-04-17, Ordinance
No. 11-05-24, Ordinance No. 11-07-42 and Ordinance No. 04-12-69,
Regulating the Sale of Alcoholic Liquor in the Village of Mundelein
C
Motion to approve the Rate Adjustment Requested by Groot Industries, Inc. dated
July 11, 2011 to be effective October 1, 2011
D
Motion to adopt a Resolution Approving and Authorizing the Execution of a
License Agreement for Pace Passenger Shelters
2
XI.
E
Motion to adopt a Resolution Granting a 30-Day Extension for Holcomb
Development, LLC, to Satisfy the Conditions Contained in the Park Centre
Condominiums Redevelopment Agreement
F
Motion to approve the payment of bills, as indicated in the Governing Body Report
for the period of 08/09/11 through 08/22/11 in the amount of $963,495.48.
VILLAGE STAFF REPORTS
A. Village Administrator
1. Proposed Change of Electricity (small accounts only) and Gas Suppliers (Exhibit 8)
a. Motion to authorize the Village Administrator to execute a Transaction
Confirmation Agreement with ComEd for the Village of Mundelein small
electric accounts.
B. Village Attorney
C. Village Clerk
XII.
EXECUTIVE SESSION
A. Motion to recess into Executive Session to discuss pending litigation pursuant to 5 ILCS
120, Section 2(c)(11), land acquisition pursuant to 5 ILCS 120, Section 2(C)(5), personnel
pursuant to 5 ILCS 120, Section 2(C)(1), and minutes pursuant to 5 ILCS 120, Section 2
(c)(21).
B. Motion to reconvene Village Board Meeting
C. Attendance
D. Action from Executive Session
XIII.
OTHER BUSINESS
XIV.
ADJOURNMENT
3
MUNDELEIN
ROQ/ed itl 01" Hlil...
Reacbjllgfor QJ/r FlI/lire
INCORPORATED 1909
M'~H~N'CSG"OH' HOLcOM.
UPCOj'vIING )VIEE'l'lNG SCI-IEDULE*
ROC_EFELLEn • MEA • MU'<o'LEON
August 22,2011
6:45 p.m.
Zoning Board of Appeals
Re: Menard, Inc. - 120 Oak Creek Plaza
Parking Variation
August 22, 2011
7:00 p.m.
Transportation & Infrastructure
C011111uttce
Re: Route 53 Tollway
August 22, 2011
7:00 p.m.
Regular Village Board Meeting
August 29, 2011
7:00 p.m.
Public Safety Conuuittee
Re: NIMS Training for Elected Officials
September 12, 2011
7:00 p.m.
September 26, 2011
7:00 p.m.
* All meetings will be held at Village of Mundelein Fire Headquarters, 1000 N, Midlothian Road, Mundelein, Illinois,
unless otherwise stated.
Exhibit 1
The 3013th Regular Meeting of the Board of Trustees of the Village of Mundelein
was held Monday, August 8, 2011 at 1000 North Midlothian Road, Mundelein.
Mayor ProTem Jim Nutschnig called the meeting to order at 7:10 p.m.
3013th Regular meeting
Deputy Clerk Flynn took the roll. It indicated these members present: Trustees,
Lentz, Meier, Semple, Sullivan, and Voss. Village attendance: Administrator
Lobaito, Chief Rose, MPD; Chief Sashko, MFD; Director of Finance Hatton,
Village Engineer Emmerich, Director of Building Schubkegel Sr., Director of
Planning, Victor Barrera; Acting Director of Public Works DeVito, and Attorney
Charlie Marino.
Attendance
Mayor ProTem Nutschnig led the pledge of allegiance.
Motion to Approve Minutes
of Regular Board Meeting of
07.25.11
Motion by Voss, seconded by Lentz to approve the Minutes of the Regular
Board Meeting of July 25, 2011. Upon roll call vote, the vote was as follows:
Ayes: Voss, Lentz, Meier, Semple, and Sullivan. Motion carried.
Mayor ProTem Nutschnig opened the floor for public commentary.
Pledge of Allegiance
Floor Opened to Public
Mr. Barnickel of 303 Lincoln Avenue questioned the expansion of parking on the
north side of Hammond Street. Mr. Barnickel believes that the street is being
widened, at variation with the plans presented to the public, in order to provide
additional parking for Luke’s restaurant. Mr. Lobaito disagreed with Mr.
Barnickel. The plans presented to the public have not been changed. He
suggested that Mr. Emmerich meet with Mr. Barnickel at 8:00 a.m. on August 9,
2011 on Hammond Street to review the plans and discuss the construction work.
Mr. Barnickel agreed.
There were no further comments. The public commentary was closed.
Mayor ProTem Nutschnig recognized Fredericke Schlichter, a summer exchange
student from Neinburg, Germany, who is staying in Mundelein for one month as
part of the Mundelein/Vernon Hills Rotary Club Student Exchange Program.
Mr. Nutschnig presented Miss Schlichter with a gift from the Village of
Mundelein and welcomed her to Mundelein.
Mr. Nutschnig drew the Boards attention to a Mayoral Proclamation regarding
School’s Open Safety Month, August 9th through September 8th, 2011.
Floor Closed to Public
Mayor’s Report
Summer Exchange Student
Mayoral Proclamation –
School’s Open Safety Month
Motion by Sullivan, seconded by Semple to pass Ordinance Granting Conditional
Sign Variations to Pulte Group at 3555 Grand Dominion Circle, Mundelein,
Illinois. Upon roll call vote, the roll was as follows: Ayes: Sullivan, Semple,
Lentz, Meier; nays: Voss; absent or not voting: Nutschnig. Motion carried.
Grand Dominion Advertising
Signs
Motion by Sullivan, seconded by Voss to direct staff to prepare an Ordinance
granting an extension of the Conditional Use Permit and Conditional Variation to
The Pitch Bikepark.
Pitch Bikepark
Trustee Voss suggested that the Ordinance be amended to remove the six month
time frame. She suggested that there be no time limitation on the variation.
114
Pitch Bikepark (Continued)
Removal of Motions
Public Works Committee
Wastewater Division
Replacement Vehicle
Street Division - Purchase of
John Deere Mower
Water Division Replacement
Vehicle
Storm Update
Finance Committee
Motion to Approve Payment
of Bills, Paid Under Protest,
Dated 08.08.11 for North
Shore Gas, 165 North Archer
Avenue, Invoices Totaling
$1,024.70
of Bills Dated 08.08.11 for
AT&T Invoices Totaling
$10,945.49
Trustee Sullivan amended his motion to include the elimination of the time frame.
Trustee Voss modified her second. Attorney Marino suggested the item be
removed from the agenda and returned to the Board at the next meeting. Trustee
Sullivan withdrew his motion to approve and Trustee Voss removed her second.
Motion by Voss, seconded by Sullivan to remove the item from the agenda and
return for consideration at the next meeting. Upon roll call vote, the vote was as
follows: Ayes: Voss, Sullivan, Lentz, Meyer, Semple; nays: none; absent or not
voting: Nutschnig. Motion carried.
Motion by Meier, seconded by Semple to approve the purchase of one (1) Ford
F350 model pickup truck with utility body and snow plow through the State of
Illinois Purchase Program. Upon roll call vote, the vote was as follows: Ayes,
Meier, Semple, Lentz, Sullivan; nays: none; absent or not voting: Nutschnig.
Motion carried.
Motion by Meier, seconded by Semple to approve the purchase of one (1) John
Deere Model 1445 Series 2 commercial mower with snow blower and broom
attachments through the Illinois Association of County Board Members and
Commissioners Contract #10-LT0088 7-A. Upon roll call vote, the vote was as
follows: Ayes: Meier, Semple, Sullivan, Lentz, and Voss; nays: none; absent or not
voting: Nutschnig. Motion carried.
Motion by Meier, seconded by Semple to approve the purchase of one (1) 2011
Ford Escape hybrid vehicle through the State of Illinois Purchase Program.
Upon roll call vote, the vote was as follows: Ayes: Meier, Semple, Sullivan, Lentz,
and Voss; nays: none; absent or not voting: Nutschnig. Motion carried.
Trustee Meier asked Acting Public Works Acting Director DeVito to report on
the branch pick-up program following recent storms. Mr. DeVito said there is a
little more work to do. The collection effort was stopped following the
breakdown of the chipper. The chipper should repaired soon and the remaining
branches collected by the end of the week.
Motion by Sullivan, seconded by Semple to approve the payment of bills, paid
under protest, as indicated on Disbursement Pending Report dated 08/08/11
for North Shore Gas (165 N. Archer) invoice totaling $1,024.70. Upon roll call
vote, the vote was as follows: Ayes: Sullivan, Semple, Meier, Lentz, Voss; nays:
none; absent or not voting: Nutschnig. Motion carried.
Motion by Sullivan, seconded by Semple to approve the payment of bills, as
indicated on Disbursement Pending Report dated 08/08/11 for AT&T invoices
totaling $10,945.49.
Trustee Meier stated due to a conflict of interest, she would abstain from the
motion.
115
Upon roll call vote, the vote was as follows: Ayes: Sullivan, Semple, Lentz, and
Voss; nays: none; abstain: Meier; absent or not voting: Nutschnig. Motion
carried.
Trustee Sullivan drew the Board’s attention to the Omnibus item regarding the
payment of bills. He reported that the largest bills in the pay list are a payment
for Lake Michigan water and a payment to the State of Illinois for a
construction project they participated in with the Village a number of years
ago.
of Bills Dated 08.08.11 for
AT&T Invoices Totaling
$10,945.49 (Continued)
Discussion regarding Payment
of Bills
Trustee Sullivan also drew the Board’s attention to the Monthly Treasurer’s
Report, included on the Omnibus Agenda. He noted that sales tax
performance while not up to its potential is showing a trend upward.
Trustee Sullivan requested n investment report from Police and Fire Pension
Boards.
Trustee Lentz questioned the negative cash balance of $1,208,944.88 indicated
in the Treasurer’s Report. Finance Director Hatton explained why the cash
entry is negative. The total cash in investments ending July 31 of 2011 is $16,
229,772.55. Trustee Lentz noted that if that number rises it would indicate a
surplus for the Village, if it falls, it would indicate a deficit. Finance Director
Hatton concurred.
Trustee Semple called a Public Safety Committee Meeting for 7:00 p.m.
August 29, 2011 for NIMS Training for elected officials to be conducted by
the Fire Department. The training course is required for all Village board
members in order to participate in an Emergency Operation Center. Trustee
Meier has completed the training and will not attend.
Trustee Voss reported that National Night Out was held on Tuesday, August
2, 2011. The event was shortened because of rain.
Public Safety Committee –
NIMS Compliance
Requirements
Community Development
Committee – National Night
Out
Trustee Voss reported that two new businesses have opened in Mundelein,
Champion Tailgate and Blue 60 Restaurant.
New Business Report
Trustee Voss reported that Grand Dominion donated $164.00 to the
Mundelein Fire Department and the same amount to the Mundelein Police
Department from a recent fundraiser.
Grand Dominion Donation
Trustee Voss reminded the Board of the Farmers Market Friday’s 3-7 and that
August 12th will be “Kid’s Day” at the Market.
Farmer’s Market-“Kid’s Day”
Trustee Voss reported that the GLMV Relay for Life event was held on July
30, 2011. This will be the last year for this event at Mundelein High School.
Relay for Life is looking for a new location.
GLMV for Life Event
Motion by Voss, seconded by Semple to authorize staff to prepare A
PACE Passenger Shelters
116
PACE Passenger Shelters
(Continued)
Resolution Authorizing the Mayor’s Execution of a License Agreement for Pace
Passenger Shelters. Upon roll call vote, the vote was as follows: Ayes: Voss,
Semple, Meier, Lentz, and Sullivan; nays: none; absent or not voting: Nutschnig.
Motion carried.
Economic Impact of Farmers
Markets
Trustee Meier presented the Board with an article regarding Positive Economic
Impacts and Job Growth Potential for Farmers Markets.
Permits Committee
Motion by Voss, seconded by Sullivan to approve the minutes of the July 25,
2011 Permits Committee Meeting. Upon roll call vote, the vote was as follows:
Ayes: Voss, Sullivan, and Nutschnig; nays: none; absent or not voting: none.
Motion carried.
ZBA Meeting Called
Trustee Nutschnig called a Zoning Board of Appeals Meeting for August 22,
2011 at 6:45 p.m. regarding the Menards parking variation.
Transportation &
Infrastructure Committee
Trustee Lentz asked if there was any interest on the Board to participate in the
upcoming tollway hearings regarding expanded tollway projects and toll increases?
Following discussion on this question, Trustee Lentz called a Transportation and
Infrastructure Committee Meeting for August 27, 2011 at 7:00 p.m.
Other Reports
Third Addendum to the Real
Estate Contract – 225 E.
Hawley Street
Motion by Sullivan, seconded by Voss to adopt a Resolution Approving and
Authorizing the Execution of the Third Addendum to the Real Estate Sales
Contract with Respect to the Property at 225 E. Hawley Street, Mundelein,
Illinois.
Trustee Meier asked for more information regarding the Sales Contract
Addendum. Trustee Voss explained that the Addendum clarifies the terms of the
sales agreement which had caused some issues between the parties. The
Addendum makes clear there is no time deadline for the Village to complete the
clean-up of the site, but does provide that if the Village does not receive the No
Further Remediation Letter (NFR) from the IEPA by December 31, 2011, Sigma
will be afforded one month’s free rent at 165 N. Archer for every three months or
fraction thereof until the NFR letter is received. Upon roll call vote, the vote was
as follows: Ayes: Voss, Meier, Semple, Lentz and Sullivan; nays: none; absent or
not voting: Nutschnig. Motion carried.
Motion to Execute Proposal
Weston Solutions for No
Further Remediation Letter
Motion by Voss, seconded by Sullivan to authorize execution of the proposal
from Weston Solutions to Obtain a No Further Remediation Letter. Trustee
Sullivan questioned the contingency amount of $5,000 included in the $97,000
price. Steve Clough of Weston explained the contingency could be used for any
costs higher than estimated. No expenditures would be made without Village
Board approval.
Trustee Sullivan drew the Boards attention to the language in the Weston
proposal that, there is no guarantee that this amount will be sufficient. Mr.
Sullivan added that he believes Weston is the right company for the job. Upon
roll call vote, the vote was as follows: Ayes: Voss, Sullivan; Lentz, Meier, and
Semple; nays: none; absent or not voting: Nutschnig. Motion carried.
117
Motion by Sullivan, seconded by Voss to authorize the execution of the
proposal from Weston Solutions to provide professional services for the
demolition of 225 E. Hawley Street.
Motion to Execute Proposal
from Weston Solutions for
Construction Management for
Demolition of 225 E. Hawley
Trustee Lentz questioned the $84,800 cost of the management contract as a
percentage of the estimated cost of demolition. After brief discussion, the
motion carried. Upon roll call vote, the vote was as follows: Ayes: Sullivan,
Voss, Lentz, Meier, and Semple; nays: none; absent or not voting: Nutschnig.
Motion carried.
Mayor ProTem Nutschnig presented the Omnibus Vote Agenda asking for
any additions, deletions or corrections.
Omnibus Vote Agenda
No items were removed from the Omnibus.
There were no other additions, deletions or corrections.
Motion by Sullivan, seconded by Lentz to approve the following Omnibus
Vote Agenda:
A. Motion to authorize the Mayor to sign the Mundelein High School
Police Liaison Agreement.
B. Motion to approve An Ordinance Granting Conditional Sign
Variations for Townline Square for the Properties Located at
1501-1553 & 1561-1569 South Lake Street.
C. Motion to approve the Departmental Purchase Order and Payment in
the amount of $23,290.00 from Information Development
Consultants, Inc. for 4GOV Software Maintenance & Support
September 1, 2011 thru August 31, 2012.
D. Motion to approve the Departmental Purchase Order and Payment in
the amount of $10,780.00 from $10,780.00 from Ray O’Herron for
Ammunition.
E. Motion to pass An Ordinance Granting a Use Variation for
Tighthead Brewing Company Pursuant to Section 20.04.040 of
the Mundelein Municipal Code with Respect to Certain Leased
Premises at 161 North Archer Avenue, Mundelein, Illinois.
F. Motion to accept and place on file the Monthly Operating Report and
Treasurer’s Report for the Month Ending July 2011.
G. 1. Motion to pass An Ordinance Granting Certain Variations for
Gurman Food Company to Sections 20.40.030(5)(a),
20.40.030(5)(b), 20.40.030(6)(a), 20.40.030(6)(b), 20.48.070(1)(b) of
118
Motion to Approve Omnibus
Vote Agenda
Motion to Approve Omnibus
Vote Agenda (Continued)
the Mundelein Municipal Code with Respect to the Property at 906
Tower Road, Mundelein, Illinois.
2. Motion to adopt A Resolution Approving the Preliminary Plan
and Final Plat of Subdivision for Gurman Food Company with
Respect to the Property at 906 Tower Road, Mundelein, Illinois.
H. Motion to approve the payment of bills, as indicated in the Governing
Body Report for the period of 07/26/11 through 0808/11 in the amount
of $773,438.03.
Upon roll call vote, the vote was as follows: Ayes: Sullivan, Voss, Lentz,
Nutschnig, Meier, and Semple; nays: none; absent and not voting: none. Motion
carried.
Administrators Report
131 W. Maple
John Lobaito reported that the owner of 131 W. Maple who addressed the Board
at the last meeting met with Village staff as agreed. A full report will be provided
to the Board later, but Mr. Lobaito feels that the owner understands his
obligations.
IDOT Intergovernmental
Agreement
Mr. Lobaito reported that the staff is working on an Intergovernmental
Agreement with IDOT for $5,000,000 in intersection improvements at the
intersection of Rte. 60/83. It will take several months to work out the details.
Burial of Utility Lines
Mr. Lobaito drew the Boards attention to a memo in their packet regarding the
burial of electrical lines. Following his summary of the memo, Trustee Meier
indicated this is useful information to bear in mind when discussing the Hawley
Project with residents. Trustee Lentz indicated he would be interested in having a
policy developed regarding the burial of ComEd lines. He feels it would be
helpful in the future for the Board to have such a policy when considering
options and costs related to construction projects.
Motion to Adjourn
Motion by Voss, seconded by Sullivan to adjourn the 3013 Regular Board
meeting. Upon unanimous voice vote, the meeting was adjourned at 8:35 p.m.
Motion carried.
Adjournment
The 3013th Regular meeting was adjourned at 8:35 p.m.
Deputy Clerk
119
MAYORAL PROCLAMATION
RECOGNIZING THE 50TH ANNIVERSARY OF
MUNDELEIN HIGH SCHOOL (1961-2011)
IfIHEREAS, September 2011 marks the 50'" Anniversary of Mundelein High School; and
IfIHEREAS, Mundelein High School has upheld a high standard of excellence in education
for 50 years, now educating over 2000 students annually; and
IfIHEREAS, throughout its history Mundelein High School has offered a wide range of
challenging courses, excellent student services, outstanding extracurricular acti\'"ities, service
organizations and technical progratTIs; and
IfIHEREAS, Mundelein High School has received numerous awards including the Blue
Ribbon School Award of Excellence and the Lincohl Bronze Award; and
IfIHEREAS, Mundelein High School offers exceptional athletic opportunities for male and
female athletes and produced state championship teams and individual champions in a variety of
sports; and
IfIHEREAS, the Mayor and the Mundelein Village Board arc exceptionally proud of the
contributions that Mundelein High School makes to advance the quality of life in the Village; and
IfIHEREAS, in recognition of 50 years of excellence in education, the Mayor and Village
Board wish to honor the teachers, administrators, staff, parents, students and alumni of Mundelein
High School for their dedication, commitment and setvice to our community.
NOIf'; THEREFORE, BE IT PROCLAIMED by the Mayor and Board of Trustees of
the Village of Mundelein, in recognition that good schools underhe the strength and quahty of a
community, September 2011 is hereby proclaimed Mundelein High School Month.
PROCLAIMED, signed and sealed with pride by the Village of Mundelein, Lake County,
Illinois, this 22"" day of August, 2011.
Mayor
Attest:
Village Clerk
Exhibit 3
RESOLUTION NO.
_
RESOLUTION REGARDING A MOMENT OF REMEMBRANCE ON THE 10 TH
ANNIVERSARY OF THE SEPTEMBER 11, 2001 TERRORIST ATTACKS ON THE
UNITED STATES
WHEREAS, at 8:46 a.m. Eastern Daylight Time, on September 11. 2001, hijacked
American Airlines Flight 11 crashed into the upper portion of the North Tower of the World
Trade Center in New York City, New York; and
WHEREAS, 17 minutes later, at 9:03 a.m. Eastern Daylight Time, hijacked United
Airlines Flight 175 crashed into the South Tower of the World Trade Center; and
WHEREAS, at 9:37 a.m. the west wall of the Pentagon was hit by hijacked American
Airlines Flight 77; and
WHEREAS, nearly 3,000 innocent civilians were killed in the attacks of September 11,
2001; and
WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11,
2001, the largest loss oflife of any emergency response agency in United States history; and
WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks,
the largest loss of life of any police force in United States history in a single day; and
WHEREAS, the New York Police Department suffered 23 fatalities as a result of the
terrorist attacks; and
WHEREAS, ten years after the terrorist attacks, the people of the United States and
people around the world continue to mourn the tremendous loss of innocent life suffered on that
day; and
WHEREAS, the lives of Americans were changed forever on September 11,2001; and
WHEREAS, in 2009, September 11 th was designated as a National Day of Service and
Remembrance by an act of the United States Congress; and
WHEREAS, a Resolution establishing a nationwide Moment of Remembrance on
September 11,2011 at 1:00 p.m. Eastern Daylight Time, has been introduced in the U.S. Senate;
and
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MUNDELEIN, COUNTY OF LAKE, STATE OF
ILLINOIS, that September 11,2011, is hereby recognized as a day of solemn commemoration of
the events of September 11, 2001.
BE IT FURTHER RESOLVED, that as a symbol of Mundelein's solidarity with the
families, friends and loved ones of the victims of September 11, 2001 attacks; and, in honor of
the heroic actions of the first responders, public officials and volunteers who aided the victims on
September 11,2001, the Mayor and Village Board ask the residents, businesses and institutions
of the Village of Mundelein to observe a moment of remembrance to last for one minute
beginning at 12:00 p.m. Central Daylight Time.
To the maximum extent practicable, the
moment of remembrance should be a period of reflection and inactivity.
BE IT FURTHER RESOLVED, that the Village Administrator is hereby directed to mail
a copy of this resolution to local churches and institutions requesting that they ring bells, if
available, during the moment of remembrance.
ADOPTED, this _ _ day of
2011 by a roll call vote.
NAYS
ABSENT AND/OR NOT VOTING
President
PASSED:
_
APPROVED:
__
ATTEST:_ _--c:--:-:-:-:----:::c-:-Village Clerk
~
Exhibit 4
MUNDELEIN
PLANNING & DEVELOPMENT
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VILLAGE BOARD
STAFF REPORT
To:
Mayor Kenlleth 1-1. Kessler
Board of 'l'rustt,CS
//.
L/:L-~·
Prom:
Victot lvL Barrera, Director/'
Planning & Development
For:
.August 22, 2011, Village Board Ivleetil1g
Subject:
I\'bverich Bar & Gl'ill, Inc., 2061 \'lest lvIaplc Avenue
Rccolnm.cndations:
1.
2,
3.
l\Iotion to accept the Plan Commission't\.linutes. and Findings of Facl;
[>'10tion to accept the Plan Commission's Recommendatioll;
(ylotiol1 to approve an Ordinance Granting a Special Usc Pcrn1it
for a Dance Hall and a Use Variation to Allow Live Enlcrlainmcnt with
Conclitions.
j,
Property Location Map
2.
3,
4,
Plfll1 Comrnissiol1l\:fecling fvfinutcs of July 27) 20 l1
Plan Commission's rindings. of Fact
Petitionei"s Packet
Ordinance Approving a Special Usc Permit and Usc Variation with Conditiol1s
Attachments:
5.
I3ackgl'Ound
f\lavcricks lhr & Grill, Inc, is proposing to operatc a countrr~westC1"1l <tallec hflll at the location formerly
known as Neon i\'10011. ]'he building is an existing 9,200 sep.J<lre-foot building on approximately 4.2 acres,
Chris I-lintl, operator of r:favcricks, has previous c;.;:peticncc operating the ivlundclein Sundance Saloon fl'0111
1984 to 1996. hIs, Hillt/: has entered into a onc-rcl1t leasc with a three year renewal option. Mavericks will
employ between 10 tolS people (managemcnt, D<l.rtendcrs, wait staff, barbacks> and disc jockeys). The
primary form of music will be disc jockeysj however, the option to have occasional live entertainment \voulc1
bcnefit the business. Proposed hours of operation atc from 7:00 p.m. to 1:00 a.tn, \\lednesday and Thursday
cvenings, and 7:00 p.m. to 3:00 a.Ill.Friday and Saturday cvcnings. Included arc pic lures, sitc plan, and 0001'
plan.
Specht! Usc Permit
Scetion 2(>..16.030(3)(e) and Section 20.2'1.030(19-1) lists a c1ance hall "' a Special Usc in the C-2 Commercial
Di~lTict. Special Use Permits do not run with the lanJ and a new Special Use Permit is reCjuitcd duc to
ownership and/ or concepts change.
I\hvericks I3ar & Grill
2061 \'(!est Maple Avenue
August 22, 2011
P'ge 2 of3
Conditiotutl Use Variation
A Conditional U~e Variation i~ requested to Section 20.36.030(1) to nllow live entertainment. The primary
form of entertainment \1t Mavericks will be OJ $. The establislunent also lends itself to the possibility of
hosting singers, bands or specials guests. At staffs suggestion, this is also a component o[ the request to
allow live entertainment to encompass these potential events.
Comprehensive Plan
This area has been designated as General Commercial in the 2011 Comprehensive Plan. General C01l1111el·eial
js a design<1.tion that includes larger commercial shopping centers and developments that selve a more
regional function, drawing a customer base that extends beyond the Village limits. The proposed use of a
country-western dance hall is consistent with the General Commercial designation.
1\ theme throughout all sections of the Comprehensive Plan is to improve the appearance of the community.
\'{!ithin the Inlplementation T<1.ble, steps are being taken towards meeting the goal of improving the ovemll
appearance of the Village's key corridors and recognizing their role in how 1fundelein is perceived by visitors
and those pllssing through the community. The Village should W01'k with petitioners to ensure that projects
will include high-quality construction and materials, and include appropriate landscaping. IVfavcricks has
worked on improvem.ents to the building such as repairs and maintenance to the fac;ade and interior, pllinting
the cxterio.r of the building, and sealing <1.nd striping the parking lot.
Plan Commission
On July 27, 201"1, the Plan Commission held a public hearing to consider the requested actions from the
petitioner. At the conclusion of the hearing, the cornmission rcc01nmended approval with conditions by a
vote of 4-0. The conditions illclllde:
1.
2.
3.
4.
5.
Clean up the debris around the site;
Clean up the landscaping by trimming bushes and trees and pulling weeds;
Add light ftxtures to the exterior of the building;
Sealcoat and stripe the parking lot; and
Finish cleaning up and updating the exterior of the building with paint on all sides of the b\lilding
and cleaning up the doorways and windows.
On August 10,2011, the Plan Commission <1.pproved the Findings of Fact by a vote of 7-0.
Since the Plan Commission meeting, the petitionel' and landowner have painted the building aJld sealcoatcd
and striped the parking lot. The rear of the building needs to be painted, along with weeding and
maintenance to the landscaping.
Analysis
The proposed use is similar to other uses th1\ t have occupied the site. There is a need in :Lvlundclein to
provide places [or indoor entertainment. Updates to the site and building arc much needed and in-progress
(as seen in the picnlres) and must be considered as a component of this request in order to assist with making
this a welcoming destination for entertainment as well as fill a V{'lcant and unclerutilized building.
I"favericks Bar & Grill
2061 \Vest Maple Avcnue
August 22, 2011
Page 3 of 3
The petitiollcr has submitted a plan for building improvements and has made a lot of progress with painting
the building. Approval of the Special Use Permit and Conditional Use Varhtion should take into
consideration the following conditions to be completcd before the issuance of a Certificate of Occupancy:
1.
2.
Clean up the landscaping by trimming bushes and trees and pulling weeds;
Paint the south side of the main building.
VMB/AO/jf
Attachments
ORDINANCE NO,
AN ORDINANCE GRANTfNG A SPECIAL USE PERMIT FOR A DANCE HALL AND A
USE VARIATION TO ALLOW LIVE ENTERTAINMENT WITH CONDITIONS AT 2061
WEST MAPLE AVENUE, MUNDELEIN, ILLINOIS
WHEREAS, an application has been filed by Mavericks Bar & Grill, Inc, requesting I) a
Special Use Permit be granted pursuant to Section 20,36,030(3)(e) and Section 20,24,030( 19·1)
to allow a dance hall and 2) a Use Variation be granted to Section 20,36,030(1) to allow live
entertainment with conditions in a C-2 Commercial Zoning District for the property located at
2061 West Maple Avenue, Mundelein, Illinois, legally described in Exhibit A attached hereto
and in accordance with the plans depicted in Exhibit B attached hereto; and
WHEREAS, pursuant to notice as provided by statute and ordinance, a public hearing
was held,on July 27, 2011 by the Mundelein Plan Commission; and
WHEREAS, the Village Board of Trustees has determined that it would be in the best
interests of the Village to grant said Special Use Permit and Use Variation with conditions; and
WHEREAS, the Village Board of Trustees considered this matter at its regular public
meeting on August 22, 2011, at which time the Village Board reviewed this Ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
ILLIN 0 IS as fo Ilows:
SECTION I. Pursuant to Section 20,36,030(3)(e) and Section 20,24,030(19-1) of the
Mundelein Municipal Code, a Special Use Permit is hereby granted with conditions to Mavericks
Bill' & Grill, Inc, for a dance hall at 2061 West Maple Avenue, Mundelein, Illinois,
SECTION II.
A Use Variation from Section 20,36.030( I) of the Mundelein Municipnl
Code is hereby gmnted with conditions to Mavericks Bar & Grill, Inc. for live entertninment nt
2061 West Maple Avenue, Mundelein, Illinois.
SECTION III.
The approval is conditioned upon the Applicant completing the
following prior to the issuance of a Certificate of Occupnncy:
A.
Clean up the landscaping by trimming bushes and trees and pulling weeds; and
B.
Paint the south side of thc building.
SECTION IV. The Specinl Usc Permit and Use Vmintion gmnted herein may not be
transferred to another person, firm, or corporation without prior approvnl of the Village Bonrd of
Trustees. This Special Use Permit and Use Variation shall terminate upon the Applicant ceasing
to conduct the activities permitted by the said Special Use Permit and Use Variation on the
Subject Property.
SECTION V. This Ordinance shall be in full force and effect from and after its passage,
approval, filing and ]l\lblication in pnmphlet form as by law provided.
The forcgoing Ordinance was adopted by a roll call vote as follows:
President
PASSED:
APPROVED:
PUBLISHED in pamphlet form:
ATTEST:
Village Clerk
2
EXHIBIT A
COMMONLY KNOWN AS: 206 J WEST MAPLE AVENUE
PIN: 10-23-3\ 0-008, 10-23-310-002
LEGAL DESCRIPTION: LOT 5 IN IVANHOE RESUBDlVISION, BEING A
SUBDIVISION OF LOTS 1,3 AND 4 IN IVANHOE SUBDIVISION, OF THAT PART OF
THE NORTH HALF OF THE SOUTHWEST QUARTER LYING WESTERLY AND
ADJACENT TO THE CENTERLINE OF ROUTES 60 AND 83, IN SECTION 23, TOWNSHIP
44 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLATS OF SAID RESUBDlVISION, RECORDED JULY 29, 1988, AS DOCUMENT
4176869, IN LAKE COUNTY, ILLINOIS.
LOT 5 AND 6 IN FINAL PLAT OF IVANHOE SUBDIVISION OF THAT PART OF THE
NORTH HALF OF THE SOUTHWEST QUARTER LYING WESTERLY AND ADJACENT
TO THE CENTERLINE OF ROUTES 60 AND 83 IN SECTION 23, TOWNSHIP 44 NORTH,
RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREQF, RECORDED JULY 29, 1992 AS DOCUMENT 3191868, IN LAKE COUNTY,
ILLINOIS,
3
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PLANNING & DEVELOPMENT
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Legend
(::.:: Village Limits
Project Location
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Lakes
Parcels June 2011
Centerline 2011
Location Map:
Mavericks Bar & Grill
2061 West Maple Avenue
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75
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150
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300 Feet
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PLAN, OMMISSI' N
Jllly 27, 2011
Meeting' alied to ord, rat 7:00
P" .
Present Commissior er(s) Dick E dmllnds) Bill Rekus, tv£cj han Spina), cting Chairman Gary
Gunther
Absent:
Also
hartie Butl, r, Ray Lade' ig, Chainn< n Scott Illack
pt'e~ent:
Subject:
Amanca Orenchl.lk, Planner.
i. PC-OE-2011 -- I'll lie Hearing
M,vericks Bar, Grill
20, 1 ''<'est Mar Ie Avenue
Re uested Actions:
1. Approval of a Special Use Permit put" ant to S, erion
20.36.030(3)(e) and Section 20.24.030(19-1) to allow a ,ance
halll night dub.
2. Approval ef a Conditienal Usc Variation to Se, cion 20.36.C30(1)
to allow liv, entertainment.
Pledge 01 l\llegiance
Attendance: See atta' hed list (1 page)
REVIE~
OF MIN! TES IUL' 13,2011
Motion by D. Edmur ds, seconde, by M. Spina, to approve the minutes ofJuly 13, 2011.
AYES:
NAYS:
ABSENl :
D. Edmunds, M. Sp na, B. Reku" Acting Ch: irrnan G. Gunther
None
C. Butler, R. L1dewig, Chairman S. Blaek
MOTI' N CARRll D
OLD
None
m SINESS
NEW BUSINESS
POBLIC HEARING, PC-08-201l-MAVERICKS BAR & GRILL
Motion by B. Rekus, seconded by M. Spina, to open the Public Hearing for PC-08-20l1 - Mavericks
Bar & Grill.
AYES:
NAYS:
ABSENT:
B. Rekus, I\L Spina, D. Edrnunds, Acting Chairman G. Gunther
None
C. Butler, R. Ladewig, Chairman S. Black
MOTION C\RRIED
The petitioner was sworn in by Acting Chainnan G. Gunther: Chris Hintz, I\t[avcricks Bar & Grill.
rvls. Hintz, petitioner, addressed the Plan Comrl1ission requesting a Special Use Permit to allow a
dance hall/nightclub and a Conditional Usc Variation to allow live entertainment at 2061 West
fvfaple Avenue. Ms. Hintz reassured the C01um.ission she was on target with cleaning up the outside
of the building, even though the rain had slowed the work down. She stated the painting of the
exterior of the building would resume Monday, August 1. The lighting on the front of the building
would be installed that Same day. B. Rekus asked Ms. Hintz to further describe the lighting and'
whether or not it was new OJ: existing. IYfs. Hintz explained it was new lighting since no previolls
lighting existed on the front of the building. The light fixtures would be mounted on wood beams
that were consistent with the decor of the building.
Ms. Hintz informed the Commission she would do the weeding herself before the landlord sealeoats
and stripes the parking lot) and trims the trees around rnid-August.
D, Edmunds requested rvfs. Hintz give some background information on herself and her career as a
bar owner. She stated she opened and ran tbe Sundance Saloon that was originally located in
Mundelein from 1984-1996, had made it very success ful and knows how to run a clean and trouble
free bar. Ms. Hintz had always followed Village protocol and checked ID's. She explained that
although retired for 15 years, decided to get back in the business when seeing the original Sundance
Saloon building so run down and neglected.
D. Edmunds questioned the petitioner on how the building would appear to outsiders coming into
town. He was also curious about the east side of the building that was all rock. She said now that
they have started painting the building it will look very nice to outsiders. She spoke to the landlord
about the cast side of the building and talked about turning that area into a lawn by adding a layer of
dLrt and grass as ~Ms. Hintz has consistently tried to get rid of the weeds, but they keep growing
back. There i$ no definite plan to restore that area as of now.
l
21
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B. Rekus wanted to talk brieOy about the security plan for },olevcricks. He recalled when Neon
1','1000 used to reside there, they came to the Plan Commission with an entire security staff, plan and
protocol. He asked Ms. Hintz if they would have a similar secmity plan. Ms. I-lintz noted that the
barbacks also act as security and will be wearing orange t-shirts
rvI. Spina questioned whether these barbacks would be located at the ffont and/or tcar entrances
acting as bouncers. l\ls. Hintz explained that they will not be stationed at the doors, but roam
thrO"l1ghout the bar.
\'(lith her experience at Sundance Saloon, she had only one security incident) and does not foresee
there being any issues in the future, as they afe cautiolls with who they let in the bar. During the
training of the new employees, they will go over security protocol with the barback s. B. Rekus went
on to ask about the lighting in the parking lot, as Mavericks would be open till early hours of the
morning. A lit parking lot would be another form of security. Ms. I lintz assured him that there is
pole lighting installed to illuminate the parking lot at night.
B. Rekus wanted to go over the Department COlnmcnts and asked A. Orenchuk for clarification. A.
Orenchuk explained the conunents made were from the Police Department. The first commcr'lt
about live entertainment was brought up because a difference in opinion on the terminology of "live
entertainment.» B. Rekus asked about the third corrunent relating to food being served to slow
down the absorption rate of alcohol. Ms. Hintz answered that some type of food will be served,
even if it is frozen pizza. The kitchen is not equipped with the tools to serve a full menu, but will
make the best with what they have.
The petitioner went on to mention that there would be an entrance fee from $2.00 to $5.00,
depending on the night of the week. Ms. Hintz also explained that major renovations were taking
place inside the building including painting, carpeting and updating the washrooms.
A. Orenchuk nddressed the Commission about the maintenance and improvement plan she received
from 1.\Is. Hintz carlier in the week and how it was consistent with the items :!vIs. Hintz just
presented.
Commissioners were curious if notices were sent out to the residents of Grand Dominion
subdivision, but A Orenchuk explained that they are not in the 250 yard radius. A notice was
placed in the paper along with a sign on the property.
Acting Chairman G. Gunther opened the Door to the public. There were no comments from the
public.
Acting Chairman G. Gunther closed the floor to the public.
B. Rcklls concluded with mentioning to the rest of the Conunission members that from what he has
seen, the building already looks much better, and looks as though Ms. Hintz is taking care of what
she said she would.
"Motion by B. Rekl.ls, seconded by D. Edmunds, to reconuncnd approval of;1 Special Use Permit
pursuant to Section 20.36.030(3)(e) and Section 20.2·1.030(19-1) to allow a dance hall! nightclub with
the following conditions:
1. Clean up the debris on the site;
2. Clean up the landscaping by trimming bushes and trees, pulling weeds, and consider
adding landscaping;
3. Add updated light fixtures to the exterior of the building;
4. Scaleoat and stl1pe the parking lot; and
5. Finish cleaning up and updating the exterior of the building with paint on all sides of
the building, cleaning up the doorways and windows and painting the trim.
AYES:
NAYS:
ABSENT:
n. Rekus, D. Edmunds, M. Spina, ,\cting Chairman G.
Gunthcr
None
MOTION CARRIED
Motion by B. Rekus, seconded by M. Spina, to recommend approval of a Conditional Use Variation
to Section 20.36.030(1) to allow live entertainment w1th the following conditions:
,
1. Clean up the debris on the site;
2. Clean up the landscaping by trimming bushes and trees, pulling weeds, and consider
adding landscaping;
3. Add updated light fixtures to the exterior of the boilding;
4. Sealeoat and stripe the parking lot; and
5. Finish cleaning up and updating thc exterior of the building with paint on all sides of
the building, cleaning up the doorways and windows and painting the trim.
AYES:
NAYS:
ABSENT:
B. Rekus, M. Spina, D. Edmunds, Acting Chairman G. Gunther
None
MOTION CARmED
Motion by M. Spina, seconded by D. Edmunds, to close the publie hearing for PC-08-2011
Maveticks Bar & Grill.
AYES:
NAYS:
ABSENT:
1\1. Spina, D. Edmunds, B. Rekus, Acting Chairman G. Gumher
None
C. Butler, R. Ladewig, Chaitman S. Black
MOTION CARRIED
4 I t' ,
ADJOURN
1\Iooon by D. Edmunds, seconded by B. Rekus to adjourn the meeting.
,\YES:
Nf\YS:
ABSENT:
D. Edmunds, B. Rekus, 1\1 Spina, Acting Chairman G. Gunther
None
Meeting adjourned at 7:28p.m.
Respectfully submitted,
Jennirer Ford
Recording Secretary
jr
cc: Mayor K. I-I. Kessler
Board of Trusrees
John Lobaito, Administrator
~·like Flynn, Assistant Administrator
ESnUe Dahlstrom, Village Clerk
Bill Emmerich, Village Engineer
Pete Schubkegel, Director or Building Department
Victor Barrera, Director of Planning & Development
Am<lnda Orenchuk, Planner
Plan Commission lvfembers
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FINDINGS OF FACT
For Case PC-08-2011
Public Hearing Dare: July 27, 2011
On July 27, 2011, the Plan Commission recommended ,\pproval by a vote of 4·0 a Special Cse Permit
pursuant to Sections 20.36.030(3)(e) and 20.2'W30(19-1) for a dance hall/nightclub at the property
conul1only known as 2061 \Vest Maple Avenue with the following conditions:
1.
2,
3.
4.
5.
Clean up the landscaping by trimming bushes and trees, pu1fu1g weeds, and consider adding
landscaping;
Add updated light fixtures to the exterior of the building;
Sca1coat and stripe the parking lot; and
Finish cleaning up and updating the exterior of the building with paint 011 all sides of the building
and cleaning tip the doorways and windows and painting the trim.
Based lJpOJl tbe evidence presented to the P!:l11 Commission til the jJublic bearIiIg, tbe Plan
CommissiofJ makes tbe folloWIilg find-lilgs of filet with respect to the requested special usc petlni' Iil
cOJ1l1ection therewith.
(1) That the establishment, mainte'lance, or operatiotl of the special use will not be detrimental to or
endanger the public health, safety, morals, comfort) or general welfare.
Finding;. The Plan Commission finds the use not to be detrimental to the public health, safety, morals,
comfort, or general welfare. The proposed use is similar to uses that have been operating on the site for
decades. The new business owner used to own the former Sundance Saloon, which was not detrimental to
the community.
(2) That the special use will not be injurious to the use and enjoyment of other properties in the
immediate vicitIity for the purposes already permitted, nor substantially diminish or impair property
values within Ihe neighborhood.
Finding: The Plan Commission finds the proposed dance hall/nightclub is on a large lot that is adjacent to
other nan-residelltialuses. 111e intended use is not viewed as something that diminishes or impairs property
values within the neighborhood. 1I11provernents to the building should hopefully elevate aesthetics in the area
and maintain properlY values.
(3) That the establisll1l'1cnt of the special usc wiU not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in the distdct.
Finding: The Plan Commission finds the use will not impeded the normal and orderly development and
improvement of the surrounding properties. The land use is also consistent with the 2011 Comprehensive
Plan recommendations.
(4) That adequate utilities, access roads) drainage and/or necessary facilities have been or are being
provided.
Finding: The Plan Commission finds that the access roads, drainage, and other facilities are already present.
Parking lot maintenance is needed and has been proposed by the petitioner and landlord.
FindJiJgs ofFact
Case PC-OS-2011
!'rfavericks Bar & Griff
Public Heari1Jg Held: July 27, 2011
August 10, 2011
(5) That adequate measures have been or will be taken to provide ingress and egress so designed as
tv minimize traffic congestivll in the public streets.
Finding: The Plan Conunission finds the ingress :lnd egress is consistent with previous uses of the site,
which have "indllded dance halls/ nightclubs.
(6) That the special use shall, in all other respects, conform to the applicable regulations of the
district in which it is locllted, except as such regulations may, in each instance, be modified by the
Board of Trustees after considering the recommendation oftlIe Plan Commission.
Finding: The Plan Commission Hnds the dance hall/nightclub and proposed use of the properly conforms
to the other applicable regulations of the C-2 Commercial District aside from the request to allow live
entertainment, which is proposed for review by the Village Board.
(7) That all special uses in commercial, industrial and public use districts shall be separated by a
distance of at least sixty feet from any lot in a residential district.
Finding: The Plan Commission fInds the use is at least sL'\ty feet from :lIly lot in a residential district.
2
FINDINGS OF FACT
For Case PC-08-2011
Public Hearing Date: July 27,2011
On July 27, 2011 the Plan COl1unisslon recommended approval by a vote of 4-0 a Conditional Cse Variation to
Section 20.36.030(1) to allow live entertainment at the property commonly known as 2061 \'\-'est t\laple Avenue with
the following conditions:
1.
2.
3.
4.
5.
Clean up the landscaping by trimming bushes and trees, pulling weeds, and consider adding landscaping;
Add updated light fixturc$ to the e;xterior of the building;
Sea1coat and stripe the parking lot; and
Finish cleaning up and updating the exterior of the building with paint 011 all sides of the building and
cleaning lip the doorways and windows <1nd painting the trim.
Based upon the evidence presented to the Plan Commission at the public l1earing, the Plan Commissio11
makes tbe fo/Jowing fil1dings of fact with respect to tbe requested variatio/}, for the proposed USer at
subject property 111 connection therewitlI.
(1) Because of the particular physical surroundings, shape or topographical conditions of the spccific
property involved, a particular hardship or difficulty to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be carded out.
Finding: 111e Plan Conunissiol1 finds there is no hardship pcrtaini..ng to physical smroundi..I1gs, shape, or
topographical conditions.
(2) The conditions upon which it petition for variations is based arc unique to the property for which the
variance is sought and are not applicable) generally, to other propcrty within the same zoning
classifications.
Finding: TIle Phn Comtnis$ion finds the use of the property as a dance haUl nightclub and physical space within
the building lend itself to hosting live entertainment events such as DJs tlnd bands. The live entertainment goes
hand-in-h~nd with the business rnodel of this establishment.
(3) Obtaining greater profits from the development or use of the property or an enhancement in the value
of the property shall not be sufficient reason to grallt the variances.
Finding: The Plan Commission finds that while there may be grcatet proftts from the approval of the variance, tIus
is not the reason for the request. The variance is necessary for the business to effectively create an entenainrnent
venue that will appeal to patrons in a setting they cannot fmd in many other places. The live entertainment will add
to the atmosphere.
(4) The alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons
presently having an interest in the property.
Finding: The Plan Comm.ission fU1ds the hardship was creared by the stipulations witlun the Zoning Ordinance
that do not allow for live entertainment, particularly when in conjunction with a dance hall/nightclub.
Fi/ldJilgS ofFrlcl
Case PC-OS-2011
A1.:1Vericks Bar & Gril/
Public Hcadtlg Held: Ju~v 27, 2011
August 10, 2011
(5) The granting of the variations will not be detrimcntal nor will they cndanger thc public health, safety,
comfort) morals, and welfare or injurious to other property or improvements in the neighborhood in. which
the property is located.
Finding;. The Plan Commission fInds the lIse not to be detrunenral to the public health, safety, morals, comfort, or
general welfare. 'TIle proposed use is similar to uses that have been operating all the site for deodes. The new
business owner used to 0\1,111 the former Sundance Saloon, which was not detrimental to the community. The
proposed dance ha1l1 nightclub with live entertainment is on a large lot that is adjacent to other non-residential uses.
The intended use is not viewed as something that diminishes or impairs property values within the neighborhood.
Improvements to the building should hopefully elevate aesthetics in the area and maintain property values.
(6) The proposed variations will not impair an adequatc supply of light and air to the adjacent property, or
substantially increase the congestion of the public street, or increase the danger of fire, or endanger the
public safety or substantially diminish or impair established property values within. the neighborhood.
Finding; The Plan Commission finds the requested variations will not impair an adequate supply of light and air to
the adjacent propcrty, or substantially incrcase the congestion of the public street, or increase the danger of fIre, or
endanger the public safety or substantially diminish or impair established property values within the neighborhood.
The Plan Commission finds the proposed use to be consistent with the other uses within the area and is located on a
state road, Route 176. The proposed use is consistent with the 2011 Comprehensive Plan reconuncndations.
MvrO/if
2
PROJECT lJESCllIPTiON
The proposed establishment is Mavericks! ~l country-western therned nightclub. We proposo to
employ between 10 and 15 employees (management, bilrtcndcrs walt sWff, barbacks/ and disc
jockeys). Our proposed hours of operation arc from 7:00 pm to 1:00 aln (Wednesday and Thursday
evenings/Friday morning) and 7:00 pm to 3:00 am (Friday and Silturday evenings/Sunday morning).
J
The petitioner (Chris Hintz) entered into a one year iease (with automatic renewals for one and
three years) for the premises in May 2011. MS.llintz has substantial experience in the field,
successfully operated a country-western nightclub (The Sundance Saloon) at the same location from
1.984 to 1996.
Tile vision for Mavericks is to be a fun and safe destination for country music and line dancing
enthusiasts from Mw\delein and the surrounding communities and anylJody else interested in
watching, learning or just enjoying the atmosphere. The property Is currently vacant and
superficially ",n·down. Ms. Hintz proposes to revitalize the premises and draw visitors to the area,
which is not currently utilized by commercial or residential tenants, making the area more attractive
for further development. Mavericks inlends to be an active partner in Mundelein's business
community and the community at large, providing a new and distinct offering to the Mundelein
nightlife landscape.
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ltiorth side of buildingJ
['!'lest side of building.
I
Exhibit
5
FINANCE
COMMITTEE REPORT
To:
Mayor Kessler and Board of Trustees
From:
Tony Vasquez, Accountant
For:
Subject:
August 22, 2011
Village Board Meeting
Separated Bills for Approval
Summary:
The Village's Bill Approval policy requires bill approval at each board meeting. Board approval is respectfully requested
The attached was pulled from the Governing Body Report, so the item or items could be voted upon separately..
Recomtnendation:
Motion to approve the payment of bills, as indicated on Disbursement Pending Report for:
Dated
Vendor Name
Invoices Totaling
08/22/11
Motorola
$12,384.12
Signature
Dit-,,;tally signed by Tony Vas'lu~z
DN: cn=TOllY Vasquez, o=Vilbgc of
T ony Vasquez t>.lut~dclein,ou=rinancc,
.
..
cmall= tvas '[email protected],c=CS
Dat~: 2011.08.17 09:00:48 -05'00'
Village Administrator Recorrunendation
Approve the Motion
Digitally signed by John
A~
o
•
fj:5r
Lobaito
Date: 2011.08.17 09:47:11
-05'00'
Exhibit
6
FINANCE
COMMITTEE REPORT
To:
From:
For:
Subject:
August 22, 2011
Village Board Meeting
Separated Bills for Approval
Summary:
The Village's Bill Approval policy requires bill approval at each board meeting. Board approval is respectfully requested
The attached was pulled from the Governing Body Report, so the item or items could be voted upon separately..
Recommendation:
Motion to approve the payment of bills, as indicated on Disbursement Pending Report for:
Dated
Vendor Name
Invoices Totaling
08/22/11
AT&T
$3,440.78
08/22/11
AT&T Mobility
$2,031.74
08/22/11
AT&T Long Distance
$130.78
Signature
T any V asquez
Digitally signed by TOlly Vasquez
DN: cn==Tony V~SgllC~, o=Villagc of
I\!undcbn,ou:;o;hnancc,
cm:\llo::[email protected],c==US
Date: 20 11.DB.17 08:54:49 -05'00'
Village Administrator Reconunendation
Approve the Motion
Lobaito
Date: 2011.08.17 09:46:20
-05'00'
t-
A-
fj.7r
Exhibit 7
RESOLUTION NO.
RESOLUTION OF SUPPORT
FOR THE EXTENSION OF ILLINOIS ROUTE 53 IN LAKE COUNTY
WHEREAS, inadequate roadways are the leading threat to quality of life and the economic
vitality of Lake County, and
WHEREAS, completion of the Route 53 extension into Lake County is an essential part of
any comprehensive plan to meaningfully address Lake County's transportation needs, and
WHEREAS, studies conducted by the Lake County Transportation Improvement Project
demonstrate that the Route 53 extension is the superior alternative in terms of transportation benefits,
impacts and costs, and that the Route 53 extension will relieve regional traffic congestion by
reducing the number of automobiles traveling on local and arterial roads in Lake County; and
WHEREAS, in a 2009 Referendum, 76% of Lake County voters expressed support for
constructing Route 53 Extension Through Lake County; and
WHEREAS, while this vital project has been delayed and debated for decades, traffic
congestion in Lake County simply has continued to grow worse.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MUNDELEIN, LAKE COUNTY, ILLINOIS as
follows:
A. The Village of Mundelein supports the extension of Illinois Route 53 in Lake County,
from its present terminus northward to IL 120.
B. The Village of Mundelein urges that the State and County roads that connect to the
proposed Route 53 Extension be widened to relieve existing traffic congestion and to
adequately manage the increased traffic burden the Route 53 Extension will create.
C. The Village of Mundelein urges all Municipal, Township, County, State and Federal
Elected Officials to support and implement the construction of Illinois 53 in Lake County
in conjunction with improvements to existing roadway networks.
D. The Village of Mundelein urges The Illinois State Toll Highway Authority to begin
immediately in the engineering design and construction of the Illinois Route 53 Extension
through Lake County.
E. The Village of Mundelein supports a toll increase for tollway users in an amount
sufficient to fund the Illinois State Toll Highway Authority's proposed Fifteen-Year
Capital Plan.
BE IT FURTHER RESOLVED that the text of this Resolution be spread upon the official
record of this Honorable Body, and that a suitable copy be delivered to the Illinois State Toll
Highway Authority, the Honorable Governor Patrick Quinn, the Lake County Transportation
Improvement Project, the Lake County Division of Transportation, the Illinois Department of
Transportation, all interested persons and local news media.
PASSED this 22"d day of August 2011, by a roll call vote.
President
PASSED:
APPROVED:
_
_
ATTEST: ~c-------c-----c-----
Village Clerk
Exhibit
A
OMNIBUS VOTE AGENDA ITEM
For Board Meeting of: August 22, 2011
TO'.
FROM:
Michael A. Flynn
DATE:
RE:
August 15, 2011
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A TERMINATION
AGREEMENT REGARDING THE CONSTRUCTION OF
THE CENTENNIAL PLAZA PROJECT IN KRACKLAUER PARK
EXPLANATION:
On December 14, 2009 the Village of Mundelein and the Mundelein Park District entered into an Intergovernmental Agreement,
regarding the construction of the Centennial Plaza project in Kracklauer Park. The Agreement established the rights and
obligations of the parties for constructing the Centennial Plaza project, approved the preliminary plaza desigt1, and accepted the
funding plan. The Agreement expires on December 14, 2012, but Mundelein Centennial ConU1uttee has determined that it is no
longer feasible to continue fnndraising for the Cententual Plaza project and has terminated its fundraising campaign. Therefore it
is reasonable for the Village al1d Park District to terminate the Intergovemmental Agreement prior to its expiration date.
The Park District has reviewed the agreement and agrees that it is best to terminate it.
MOTION REQUESTED:
Motion to approve a RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A TERMINATION
AGREEMENT REGARDING THE CONSTRUCnON OF THE CENTENNIAL PLAZA PROJECT IN KRACKLAUER
PARK
0
BUDGETED ITEM:
YES
ATTACHMENTS:
YES [RJ
Signature
NO [g]
NO
N/A
0
C
Village Administrator Recommendation
Approve the Motion
~
o.
A-
.
fj7r
Lobaito
Date: 2011.08.16 15:07:45
·05'00'
RESOLUTION NO.
_
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A
TERMINATION AGREEMENT REGARDING THE CONSTRUCTION OF
WHEREAS, the Village of Mundelein and the Mundelein Park District entered into an
Intergovernmental Agreement, dated December 14, 2009, regarding the construction of the
Centennial Plaza project in Kracklauer Park; and
WHEREAS, the Intergovernmental Agreement established the rights and obligations of
the parties for constructing the Centennial Plaza project, approved the preliminary plaza design,
and accepted the funding plan; and
WHEREAS, the Intergovernmental Agreement expires on December 14,2012; and
WHEREAS, the Mundelein Centennial Committee has determined that it is no longer
feasible to continue fundraising for the Centennial Plaza project and has terminated its
fundraising campaign; and
WHEREAS, the Village of Mundelein and the Mundelein Park District have, by mutual
agreement, determined that it is in their best interests to terminate said Intergovernmental
Agreement prior to its expiration date.
ILLINOIS, that the Termination Agreement Regarding the Construction of the Centennial Plaza
project in Kracklauer Park (a copy of which is attached hereto as Exhibit A) is hereby approved
and Mayor and Village Clerk are hereby authorized to execute said Termination Agreement on
behalf of the Village.
PASSED this 22" d day of August, 20 II, by a roll call vote.
NAYS
President
PASSED:
_
APPROVED:
__
ATTEST:
_
Village Clerk
2
TERMINATION AGREEMENT
REGARDING THE CONSTRUCTION OF
THIS AGREEMENT made and entered into as of this _ _ day of August, 2011
between the Village of Mundelein, an Illinois Municipal Corporation, (the "Village") and the
Mundelein Park District, an Illinois Municipal Corporation, (the "Park District").
WITNESSETH
WHEREAS, the Village of Mundelein and the Mundelein Park District entered into a
certain Intergovernmental Agreement, dated December 14, 2009, regarding the construction of
the Centennial Plaza project in Kracklauer Park; and
WHEREAS, said Intergovernmental Agreement established the rights and obligations of
the parties for constructing the Centennial Plaza project, approved the preliminary plaza design,
and accepted the funding plan; and
WHEREAS, said Intergovernmental Agreement shall expire on December 14,2012; and
WHEREAS, the Mundelein Centennial Committee has determined that it is no longer
feasible to continue fund raising for the Centennial Plaza proj ect and has terminated its
fundraising campaign; and
WHEREAS, the Village of Mundelein and the Mundelein Park District have, by mutual
agreement, determined that it is in their best interests to terminate said Intergovernmental
Agreement prior to its expiration date; and
NOW, THEREFORE, the parties hereto agree as follows:
I
1.
The Intergovernmental Agreement between the Village of Mundelein and the
Mundelein Park District regarding the construction of the Centennial Plaza project in Kracklauer
Park is hereby terminated.
2.
All of the parties rights and obligations under said Intergovernmental Agreement
are also terminated.
IN WITNESS WHEREOF, the Mayor and Village Clerk of the Village and the
President and Secretary of the Park District have affixed their respective hands and seals hereto.
MUNDELEIN PARK DISTRICT,
an Illinois Municipal Corporation
VILLAGE OF MUNDELEIN,
an Illinois Municipal Corporation
By:
By:
President
Mayor
ATTEST:
ATTEST:
Secretary
Village Clerk
Date:
Date:
2
Exhibit
B
TO:
FROM:
Michael Flynn
DATE:
August 16, 2011
RE:
An Ordinance Amending Ordinance No. 11-04-17, Ordinance No. 11-05-24, Ordinance 11-07-42 and Ordinance
04-12-69, Regulating The Sale of Alcoholic Liquor in the village of 1'vlundelcin, Illinois
EXPU\NATION:
Maverick's, formerly the Neon Moon, has been approved for a Class At liquor license. In addition, the new owner of Fairhaven
Lanes has been approved for a Class A 1 license. Because Fairhavetl Lat1cs already has an 1\ 1 license, the net result is an increase of
one A1 liquor license.
In the process of preparing the Ordinance amendment for Fairhaven Lanes and Maverick's to increase the At licenses, it came to
our attention that an error was made in Ordinance 11-04-17 adopted on April 25, 2011 when Applebee's and Royal Cantonese
changed from A to A1 licenses and Village Green Golf Course changed from an Alto and H license. Ordinance 11-04-17
incorrectly increased the A1 licenses ftom 11 to 12. The correct increase should have beetl from 12 to 13.
Two more changes to the Ai license categ01y were made before the error was noticed, OrdinatlCe No. 11-05-24 and Ordinance
11-07-42.
This ordinance amends the three itlCorrect ordinances and amends Ordinance 04-12-69, the original ordinance regulating the sale
of alcoholic liquor, to establish the correct number of Ai liquor licenses at 14.
MOTION REQUESTED:
Motion to Pass An Ordinance Amending Otdinance No. 11-04-17, Ordinance No. 11-05-24, Ordinance 11-07-42 and Ordinance
04-12-69, Regulating The Sale of Alcoholic Liquor in the village of Mundelein, Illinois
0
BUDGETED ITEM:
YES
ATfACHMENTS:
YES ~
Signature
NO
NO
0
0
N/A ~
Approve the Motion
Lobaito
Date: 2011.08.1615,10:07
-05'00'
f-
A-
#:1
ORDINANCE NO.
_
AN ORDINANCE AMENDING ORDINANCE NO. 11-04-17, ORDINANCE NO. 11-05-24,
ORDINANCE NO. 11-07-42 AND ORDINANCE NO. 04-12-69, REGULATING THE SALE
OF ALCOHOLIC LIQUOR IN THE VILLAGE OF MUNDELEIN, ILLINOIS
WHEREAS, on March 15,2011 the Mundelein Village Board adopted Ordinance 11-0310 An Ordinance Amending Ordinance No. 04-12-69, An Ordinance Regulating the Sale of
Alcoholic Liquor in the Village of Mundelein, which authorized a total of twelve (12) Class Al
liquor licenses; and
WHEREAS on April 25, 2011 the Mundelein Village Board adopted Ordinance 11-04-17
increasing the number of A1 liquor licenses by one due to requests by Applebee's and Royal
Cantonese to change from A licenses to A I licenses, and a request by Village Green Golf Course
to change from an A1 license to an H license; and
WHEREAS, Ordinance 11-04-17 incorrectly increased the number of licenses from
eleven (11) to twelve (12) when the correct increase was from twelve (12) to thirteen (13); and
WHEREAS, on May 9, 2011 the Mundelein Village Board adopted Ordinance 11-05-24
incorrectly reducing the number of Al liquor licenses from twelve (12) to eleven (11) due to the
closing of Neon Moon; and
WHEREAS, the correct number of Al licenses provided for in Ordinance 11-05-24
should have been to reduce the number of Al licenses from thirteen (13) to twelve (12); and
WHEREAS, on July 25, 2011 the Mundelein Village Board adopted Ordinance 11-07-42
incorrectly increasing the number of A I liquor licenses from eleven (II) to twelve (12) to
accommodate the Blue 60 SpOlis Tavern and Grill; and
WHEREAS, the correct number of Al liquor licenses provided for in Ordinance 11-07-
42 should have been to increase the number of Al licenses from twelve (12) to thirteen (13); and
WHEREAS, Ordinance 11-04-17, Ordinance 11-05-24 and Ordinance 11-07-42 should
be amended to provide for the correct number of licenses; and
WHEREAS, JJS Acquisition Corporation, is purchasing Fairhaven Lanes contingent on
the receipt of a Mundelein liquor license, and
WHEREAS, JJS Acquisition Corporation has been approved for a Mundelein liquor
license; and
WHEREAS, the Mundelein Village Board has determined that the liquor license issued
to Fairhaven Lanes should be relinquished and a new liquor license be created for JJS
Acquisition Corporation resulting in no net change to the number of outstanding Al liquor
licenses; and
WHEREAS, the Mundelein Village Board has determined that it would be in the best
interest of the Village to increase the number of Class Al liquor licenses from thirteen (13) to
fourteen (14) to accommodate Maverick's Bar and Grill, Inc.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Mundelein, Lake County, Illinois, that:
SECTION I.
Section II of Ordinance 11-04-17 is hereby amended to read as follows:
Section 14 (B), License - Classification; Fees; Numbers; Hours; is hereby amended to
decrease the number of Class Al licenses from twelve (12) to thirteen (13), and shall henceforth
read as follows:
B.
CLASS Al LICENSE (Establishments without Off-Premises Beer Sales), which
shall authorize the retail sale on the licensed premises described of alcoholic
liquor for consumption on such premises. Said premises shall have a full service
bar thereon. The annual fee for each such license shall be Two Thousand Dollars
($2,000.00). There shall be no more than a total of thirteen (13) Class Al licenses
outstanding and in force at anyone time. Said establishment shall be closed from
2
2:00 a.m. through 6:00 a.m. on weekdays, and from 3:00 a.m. through 6:00 a.m.
on Saturdays, Sundays and holidays, during which no alcoholic liquor shall be
sold, or offered for sale, on the premises.
SECTION II. Section I of Ordinance 11-05-24 is hereby amended to read as follows:
Section 14 (B), License - Classification; Fees; Numbers; Hours; is hereby amended to
decrease the number of Class Al licenses from thirteen (13) to twelve (12), and shall henceforth
read as follows:
B. CLASS Al LICENSE (Establishments without Off-Premises Beer Sales),
which shall authorize the retail sale on the licensed premises described of
alcoholic liquor for consumption on such premises. Said premises shall have a
full service bar thereon. The annual fee for each such license shall be Two
Thousand Dollars ($2,000.00). There shall be no more than a total of twelve (12)
Class A I licenses outstanding and in force at anyone time. Said establishment
shall be closed from 2:00 a.m. through 6:00 a.m. on weekdays, and from 3:00
a.m. through 6:00 a.m. on Saturdays, Sundays and holidays, during which no
alcoholic liquor shall be sold, or offered for sale, on the premises.
SECTION Ill. Section I of Ordinance 11-07-42 is hereby amended to read as follows:
Section 14 (B), License - Classification; Fees; Numbers; Hours; is hereby amended to increase
the number of Class Al licenses from twelve (12) to thirteen (13), and shall henceforth read as
follows:
Thousand Dollars ($2,000.00). There shall be no more than a total of thirteen
(13) Class Al licenses outstanding and in force at anyone time.
Said
establishment shall be closed from 2:00 a.m. through 6:00 a.m. on weekdays, and
from 3:00 a.m. through 6:00 a.m. on Saturdays, Sundays and holidays, during
which no alcoholic liquor shall be sold, or offered for sale, on the premises.
SECTION IV. Section 14, License - Classification; Fees; Numbers; Hours; Subsection B
of Ordinance 04-12-69 is hereby amended to increase the number of Class A I licenses from
twelve (13) to fourteen (14) and shall henceforth read as follows:
3
Thousand Dollars ($2,000.00). There shall be no more than a total of fourteen
(14) Class Al licenses outstanding and in force at anyone time. Said
establishment shall be closed from 2:00 a.m. through 6:00 a.m. on weekdays, and
from 3:00 a.m. through 6:00 a.m. on Saturdays, Sundays and holidays, during
which no alcoholic liquor shall be sold, or offered for sale, on the premises.
SECTIONV.
Except as amended above, Ordinance 11-04-17, Ordinance 11-05-24,
Ordinance 11-07-42 and Ordinance 04-12-69 are ratified confirmed and approved.
SECTION VI.
Severability. If any section, clause, paragraph, or provision of this
Ordinance shall be found invalid by a court of competent jurisdiction, such judgment shall not
affect, impair, invalidate or nullify the remainder of this Ordinance, but only that part found
invalid by such court.
SECTION VII.
Effective Date. This Ordinance shall be in full force and effect after its
passage, approval, and publication in pamphlet form as required by law.
The foregoing ordinance was adopted by a roll call vote as follows:
AYES
NAYS
President
PASSED:
_
APPROVED:
_
PUBLISHED in pamphlet fOlm:
_
ATTEST:_ _-=-=-:-:-:-_~-cVillage Clerk
_
4
Exhibit
C
TO:
tvfayor Kessler and Board of Trustees
FROM:
Michael Flynn
DATE:
August 16, 2011
Groot Rate Increase Request - July 11, 2011
RE'
EXPLANATION:
See attached rnemo.
MOTION REQUESTED:
Motion to approve the rate adjustment requested by Groot Industries, Inc. dated July 11, 2011 to be effective October 1, 2011.
0
BUDGETED ITEM:
YES
ATTACHMENTS:
YES ~
Signature
NO
0
NO
0
N/A ~
Approve the Motion
t-
A-
fj:;r
Lobaito
Date: 2011.08.17 09:41 :34
-05'00'
I
OFFICE OF THE VILLAGE ADMINISTRATOR
M UNDELEIN
&".; ;n 0.dlu1,
/I<"M"lfi"O.,f."·""
'"OC"",,"'''" \.00
_".'"""",'.,,<0" •
•"'""""
'"~'~o'"'''''
MEMORANDUM
Mayor Kenneth 1-1. Kessler
To:
Board of Trustees
From:
Mike Flynn
Date:
August 16,2011
Re:
Groot Rate Increase Request
\\le received the attached notification and rate increase request from Groot Industries.
The pertinent section of the franchise agreement regarding adjustment of rates is cited below:
Section 15. (C) Adjustment of Charges. On October 1, 2010, and on each twelve month
anniversa1Y date thereafter, the CONTRACTOR may increase (i) the charges
for Municipal Waste set forth in Section 14(A)(4)(a), (b), (c) and Cd) above and
(ii) the charges for Landscape Waste Services set forth in Section 14(B)(3)(a)
and (b) above and (iii) the charge for Recyclable Material Services set forth in
Section 14(C)(2)(f) above by an amount equal to the percentage increase, if
any, in the CPI, as defmed in Section 14(A)(1)(d), for the last full calendar
year as shown on Exhibit E attached hereto and made a part hereof;
provided, however, that in no event shall the increase in said charges for the
initial period or any 12-month period thereafter be increased by less than two
(2%) percent nor more than four (4%) percent over the prior period's
charges.
The CONTRACTOR shall notify the VILLAGE in writing at least sixty (60)
days prior to the effective date of any proposed increase in charges and such
increase shall not be effective until approved by the VILLAGE in writing as
complying with the tenus of this AGREEMENT.
Section 14(A)(1)(d) referenced in this section reads as follows:
(d)
Consumer Price Index ("CPI"): The CPI means the Consumer Price Index
for Chicago-Gary-Kenosha, IL-IN-WI, All Items, Issued by the Bureau of
Labor Statistics of the United States Department of Labor (1982-84=100). If
the CPI is converted to a different standard reference base or otherwise
revised, the adjustment provided for in Section 15(C) hereof shall be made
with the use of the conversion formula published by the Bureau of Labor
Statistics.
A review of the relevant CPI chart referred to in Exhibit E, "All Urban Consutners, Chicago-GaryKenosha" confums that the CPI for 2010 increased 1.4%.
Groot has calculated that a 2% increase is in order. We have reviewed their calculations and agree
that a 2% increase is permitted under the contract. Groot has provided the required 60 day notice.
Therefore, upon Board approval the new rates will be as follows:
Refuse (Recycling
Unlimited Curb
Senior Curb
Recycling Only
Pay-per-bag (garbage & recycling)
Annual yard waste subscription
Current Rate
Adjusted Rate
$21.27
$17.85
$7.55
$2.55
$102.00
$21,70
$18.21
$7.70
$2.60
$104.00
At this time a motion is requested to approve the rate adjustment dated July 11, 2011 presented by
Groot Industries to be effective October 1, 2011.
July 11, 2011
GJI'lJot
IncluB1a"iuf3 1 Ine.
2500 l.<111dllleiel' 1l[J[]d
Elk Grove Villuoe, IL GOOO/
Phone: FI3/2t\2- Hl77
FlECEIVEO
.lUI. 13 ;
Mr. Michael Flynn
Village of Mundelein
440 East Hawley Street
Mundelein, lL 60060
ADMINISTRATION
F<n:: 77J/G01-0GJ8
www.gl.{)(lL.com
Dear Mike:
This letter is in reference to the existing residential solid wastc collcctions in the
Village of Mundelein. Pursuant to our agreement and in accordance with Section
15(C) of the current solid waste collection contract, Groot Industries respectfully
requests a ratc incrcase effective October 1,2011.
According to the CP1 fonnula in the agreement, the calculahon is as follows:
209,995
212.870
2009
2010
The Annual index reflects a 1.4% increase; however, the contract allows for a
2% minimum and 4% maximum adjustment. As a result, the cllrrcnt rates
with the corresponding increase of2%, effective October 1, 2011, are as
follows:
Refuse/Recycling
Unlimited Curb
Senior Curb
Recycling Only
Refuse Sticker
Yard Waste
Annual Subscription
Yard Waste Sticker
Current Rate
$21.27
$17.85
$7.55
$2.55
Adjusted Rate
$21.70
$18,21
$7.70
$2.60
$102.00
$2.55
$104.00
$2.60
Groot is proud to have the continued opportunity to provide these very important
services to the Village of Mundelcin. As always, if there are any questions
concerning this matter, please do not hesitate to contact mc.
Service Locations
in Elk Grove Villaoe. Chicago, McCook.
West Chir.8g0. lake Bill!!
•
WWlll~
Cn!lEctinn
• Oecycllllg Services
• Municipal COI1LI'C1Clll1g
• noll·Orr Service
• Document OeS[I'lictlOfl
Dcsll'llCliOIl
• Olf-Spec !)roduct
Since 1914
osh Molnar
Munieipal Manager
Groot Industries, Inc.
JM:lcp
Exhibit
D
TO:
FROM:
Victor M. Barrera, Director of Planning & Development
DATE:
RE:
August 16, 2011
Pace Passenger Shelters
EXPLANATION:
The execution of the attached agreement is for the installation of Pace Passenger Shelters within the public right-DE-ways.
MOTION REQUESTED:
Motion to Adopt a RcsolutiOll Approvitlg and Authorizing the Execution of a License Agreement for Pace Passenger Shelters
BUDGETED ITEM:
YES
D
NO
D
ATfACHMENTS:
YES [8J
NO
D
N/A [8J
Village Administrator RccOlnrnendation
Signature
Digitally signed by Victor r.L
Barrera
Date: 2011.08.1616:13:57
-05'00'
f-
A-
Approve the Motion
tJ::;r
Lobaito
Date: 2011.08.17 09:43:59
-05'00'
RESOLUTION NO.
_
RESOLUTION APPROVING AND AUTHORIZING
THE EXECUTION OF A LICENSE AGREEMENT FOR
PACE PASSENGER SHELTERS
WHEREAS, the Suburban Bus Division of the Regional Transportation Authority, a unit
of local government and municipal corporation created under the Regional Transportation
Authority Act (hereinafter "Pace") provides public transportation within the Village of
Mundelein; and
WHEREAS, the Village of Mundelein and Pace recognize the importance of providing
passenger shelters within the Village's corporate limits to riders of public transportation; and
WHEREAS, Pace and Titan Outdoor, a private corporation, (hereinafter "Titan") have
entered into an agreement for the acquisition, installation and maintenance of passenger shelters
placed within Pace's service region and for the sale of advertising space on such shelters; and
WHEREAS, Pace wishes to obtain from the Village a non-exclusive license which
permits it to install, maintain and operate Pace passenger shelters on the public right-of-way
within the Village of Mundelein; and
WHEREAS, the Parties wish to set forth revenue sharing principals applicable to the
income received from advertising space on Pace passenger shelters located on the public rightof-way within the Village of Mundelein and to establish parameters of the program.
ILLINOIS, that the License Agreement for Pace Passenger Shelters between Pace, Titan and the
Village of Mundelein (a copy of which is attached hereto as Exhibit A) is hereby approved and
I
the Mayor and Village Clerk are hereby authorized to execute said License Agreement on behalf
of the Village.
PASSED this 22"d day of August, 2011, by a roll call vote.
NAYS
President
PASSED:
_
APPROVED:
_
ATTEST:
_
Village Clerk
2
Exhibit A
3
3"1 REVISED
DRAFT
07/14/2011
LICENSE AGREEMENT FOR PACE
PASSENGER SHELTERS
THIS AGREEMENT is made and entered into this _ day of
,201 I by
and between the Suburban Bus Division of the Regional Transportation Authority, a unit oflocal
government and municipal corporation created under the Regional Transportation Authority Act
(hereinafter "Pace"); the Village of Mundelein, a unit of local government and a home-rule
municipal corporation created under the laws of the State of Illinois (hereinafter "Municipality");
and Titan Outdoor, a private corporation (hereinafter "Titan").
WHEREAS, Municipality and Pace recognize the importance of providing passenger shelters
within Municipality's corporate limits to riders of public transp0l1ation; and
WHEREAS, Pace and Titan have entered into an Agreement for the acquisition, installation and
maintenance of passenger shelters placed within Pace's service region and for the sale of
adve11ising space on such shelters (Pace Contract # I03 I 93C, (hereinafter "Contract"), a copy of
which is attached hereto as Exhibit A; and
WHEREAS, Pace wishes to obtain from Municipality a non-exclusive license which permits it to
install, maintain and operate Pace passenger shelters on the public right-of-way within the
Municipality; and
WHEREAS, the Parties wish to set forth revenue sharing principles applicable to the income
received from advertising space on Pace passenger shelters located on the public right-of-way
within the Municipality and to establish other parameters of the Program,
NOW THEREFORE, the Pm1ies agree as follows:
1. Grant of License. Municipality hereby grants Pace a non-exclusive license to install,
maintain and operate Pace passenger shelters on the public right-of-way within the Municipality,
as provided herein. The license granted herein shall apply to designated locations on the public
right-of-way under the Municipality's jurisdiction as provided in Section 3 hereof.
2. Duration of this Agreement. This Agreement shall remain in force for a term of ten (10)
years from the date hereof. Upon the expiration of said ten (10) year period, this Agreement
shall remain in force until a written notice to terminate is given by any of the Parties to the other
Parties, in which event this Agreement shall be considered terminated ninety (90) days following
the date of said notice.
3. Type and Location of Shelter. (a) Promptly upon the execution of this Agreement by all of
the Parties, Pace shall submit to Municipality the designs of the various shelter types available to
1
Pace and a list of the proposed locations on public right-of-way within the Municipality which
Pace has determined to be optimum for passenger usage and bus route access.
(b) The proposed location of any passenger shelter shall not interfere with any existing utility
facilities in the public right-of-way and shall not impede or obstruct motor vehicle or pedestrian
traffic.
(c) The design and type of each passenger shelter and the designated location thereof shall be
subject to the written approval, not to be unreasonably withheld, of Municipality prior to the
installation thereof.
4. Compliance with Law. (a) Pace agrees that the passenger shelters will be installed,
maintained and operated in conformity with all federal, state and local laws, statutes, ordinances,
codes, lUles and regulations.
(b) Pace shall be responsible for obtaining, at its expense, all State highway approvals and
permits for passenger shelter locations on State routes and all Lake County highway approvals
and permits for passenger shelter locations on County routes.
5. Electricity. Pace passenger shelters are electrified for nighttime illumination via a solarpowered unit. If solar power is unavailable, where practicable and with the prior consent of
Commonwealth Edison Company, Pace shall connect wiring between the passenger shelter and
Municipality's street lighting. When not practicable, Pace shall connect to another source and
pay all sums that may become due for electrical energy supplied to the shelter and shall keep the
Municipality indemnified against being called on to pay these sums.
6. Private Property. If the passenger shelter is to be located on private property adjacent to the
public right-of-way, Pace shall obtain, at its expense, a lease or license from the property owner
and furnish Municipality with a copy thereof. Said lease or license shall contain a provision that
no advertising shall be placed on the passenger shelter until a sign permit is issued by
Municipality and any variations to the Municipality's Sign Ordinance are approved.
7. Inspection, Maintenance and Repair. Titan shall, at its expense, inspect, maintain, repair,
clean and service the Pace passenger shelters at least once per week. Titan shall promptly repair
or remove, if necessary, any shelter so in need; if the shelter's condition presents a threat to
public safety, within forty-eight (48) hours ofnotification from Municipality.
8. Advertising. Except for public service advertising as provided in Section 12 hereof, Titan
shall be responsible, at its expense, for selling, marketing and producing all advertising for the
passenger shelters as provided in the Contract.
9. Advertising Guidelines. Titan agrees to utilize the passenger shelters only for advertising
material that is consistent with the Adverting Guidelines approved by Pace, a copy of which is
attached hereto as Exhibit B. In addition to those Guidelines, the following additional restrictions
(the "Additional Restrictions") shall be enforced:
2
a) Advertising for firearms, ammunition, stun guns, tasers or any article, the possession
of which is prohibited by Section 24-1 (a)(I) of the Illinois Criminal Code is not
permitted. Advertising of inherently dangerous products is not permitted. Advertisers
shall avoid illustrations or references which encourage persons to refrain from using
safety precautions normally used in any activity.
b) Advertising for tobacco andlor alcohol beverage products is not permitted.
c) Products or services that include massage parlors, escort services andlor matters with
sexual overtones are not permitted.
d) No implied or declared endorsement of any product or service by the Village is
permitted.
e) Use of Village graphics, explicit Village representations or indirect references to the
Village or their employees in advertising is not permitted.
£) No advertisements of a political nature or containing statements of public policy,
opinion or public matters are permitted.
The Additional Restrictions may be revised, modified, amended or added to, from time to time,
by mutual agreement of Pace and Municipality provided that such revision, modification,
amendment or addition shall not be effective until Titan has been given a 30-day written notice
thereof
Titan shall be responsible for the removal of any debris created by the installation and removal of
advertising materials.
10. Advertising Revenue Shares. Under the Contract, Pace is entitled to certain percentages of
"gross billings", defined therein as the invoiced price to advertisers, less advertising agency
commissions and taxes, if any. For any advertising placed on Pace passenger shelters located on
public right-of-way within the Municipality as a result of the Program, Municipality shall receive
one-half (1/2) of Pace's share of gross advertising billings. Pace's share is 62.5%, so
Municipality's share is 31.25%.
11. Payment. Pace shall pay Municipality annually its share of the advertising revenues referred
to in Paragraph 9. Payments shall be made in March of the next succeeding year after any year in
which Pace receives advertising income from the Program for advertising placed on Pace
passenger shelters located on public right-of-way within the Municipality.
12. Public Service Advertising. Municipality shall have the right to advertise community
events or other public service notices if the advertising space on a Pace passenger shelter is
unsold. Municipality shall be responsible for any production costs, and must contact Titan for
placement, posting and removal of such advertising materials.
13. Duty to Remove or Relocate. (a) Upon expiration or termination of this Agreement, Pace
shall be responsible for removing all Pace passenger shelters within sixty (60) days of receiving
a written request for removal by Municipality. If it fails to do so, Municipality shall have the
right to remove the Pace passenger shelters, and Pace shall be obligated to reimburse
Municipality its costs for such removal.
3
(b) In the event that it becomes necessary to relocate any of the Pace passenger shelters because
of work on the right-of-way, Pace shall promptly do so, at its expense, upon receiving a written
notice from Municipality or State or County highway authorities.
14. Hold Harmless. Municipality assumes no responsibility as to the condition of the Pace
passenger shelters under the Program (i.e. maintenance, upkeep, or repair necessary to keep the
premises or shelters in a safe and serviceable condition). Pace/Titan assume liability for and shall
indemnify and hold harmless Municipality against any and all liabilities, losses, damages, costs,
payments and expenses of any kind and nature, including attorney's fees, as a result of claims,
demands, actions, suits, proceedings, judgments or settlements arising out of or in any way
related to the execution, performance, non-performable, or enforcement of this Agreement,
including enforcement of this indemnification provision, upon notice to Pace/Titan from
Municipality and shall pay all costs and expenses incidental thereto. The indemnities contained
in this Section shall survive termination of this Agreement. Notwithstanding the forgoing,
nothing herein shall be deemed to indemnify Municipality or release it from any liability or
damage attributable to its negligence or willful misconduct. Pace/Titan shall give Municipality
written notice of all General Liability insurance policies maintained by either or both of them,
from time to time, and the coverages provided therein. The Municipality, its officers, officials
and employees shall be named as Additional Insureds to the General Liability coverages
contained in such policies with respect to the installation, maintenance and operation of Pace
passenger shelters located on public right-of-way within the Municipality. Proof of said
insurance will be provided upon request by the Municipality.
15. Termination. (a) Any Party may terminate this Agreement upon giving the other Parties a
30-day written notice thereofifwithin one year from the date hereof the first Pace passenger
shelter is not installed on said public right-of-way within the Municipality, or if at least one Pace
passenger shelter is not located on said public right-of-way at all times during the term of this
Agreement.
(b) In addition, any Party may terminate this Agreement upon giving the other Parties a 30-day
written notice thereof if one or both of the other Parties is/are in breach of any term, condition or
provision of this Agreement provided that the Party in breach shall be allowed to cure said
breach within said 30-day notice period.
16. Notices. All requests, notices, demands, authorizations, directions, consents, waivers or
other documents required by this Agreement shall be in writing and shall be delivered in person
to, or shall be mailed by certified or registered mail, postage prepaid, addressed as follows:
If to Pace:
Pace Suburban Bus
550 W. Algonquin Road
Arlington Heights, IL 60005
Attn: Executive Director
4
If to Municipality:
440 E. Hawley Street
Mundelein, Illinois 60060
Attn: Village Administrator
If to Titan:
Titan Worldwide
125 S. Wacker Drive, Suite 1910
Chicago, IL 60606
Attn: General Manager
17. Othcr Provisions. (a) This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective successors and assigns, provided that such assignment is approved in
writing by the other Parties.
(b) Each of the Parties hereto expressly warrant and represent to the other Parties that it has been
duly authorized to execute this Agreement and to perform all of the obligations contained herein.
(c) If any provision of this Agreement is held invalid, such provision shall be deemed to be
removed herefrom and the invalidity thereof shall not affect any of the other provisions
contained herein.
(d) The failure of any of the Parties to insist upon the strict and prompt performance of the
terms, covenants, agreements, and conditions herein contained, or any of them, imposed upon
any other Party, shall not be construed as a waiver or relinquishment of such Party's rights
thereafter to enforce any such term, covenant, agreement, or condition, but the same shall
continue in full force and effect.
(e) No amendment, modification, addition, deletion, revision, alteration or other change to this
Agreement shall be effective unless and until such change is reduced to writing and approved by
the duly authorized representative of each Party.
18. Applicable Laws. This Agreement shall be governed by the laws of the State of Illinois. In
any legal action relating to this Agreement, venue shall lie in the Circuit Court of Lake County,
Illinois.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and made as
of the date first written above.
MUNICIP ALITY
Pace
Name:
_
Name:
_
Title:
_
Title:
_
Date:
_
Date:
_
5
Titan
Name:
_
Title:
_
Date:
_
6
EXHIBIT B
PACE ADVERTISING GUIDELINES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
The ad space owned by Pace, the Suburban Bus Division of the Regional Transportation Authority,
is offered for sale to create revenue for the agency. Pace or its designee may offer such space to
advertisers. Pace restricts advetiising content for such reasons as viewpoint nentrality, passenger
safety, ridership maximization and revenue maximization.
All advetiising must be truthful and be for a commercial purpose, not a non-commercial message. False,
deceptive or misleading commercial advetiising is not permitted. All advetiising must comply with all
applicable laws and regulations.
Advertising containing copy andlor ati which is legally obscene or otherwise sexually explicit is not
permitted. Copy andlor art which potirays violent acts or other graphic violence, including the
depiction of bodies, body patis and fetuses which are in states of mutilation, dismembennent,
disfigurement andlor decomposition, is not permitted.
Advetiising for tobacco andlor alcohol beverage products is not permitted on the exterior or interior
of Pace buses. Advettising for alcohol beverages is permitted in shelters with the approval of Pace and
the municipality in which the shelter is located.
Any advetiisement for alcoholic beverages must contain a message promoting responsible use of
the product and may not contain images of persons under age 21 using the product.
If an advertisement contains a testimonial then, upon request, the sponsor shall provide to Pace
documentation that the person making the testimonial has authorized its use in the advetiisement.
The sponsor must indemnify Pace against any legal action by any person quoted or referred to in
any testimonial advertisement placed in the Pace system. Such indemnity shall be in a form and
substance acceptable to Pace.
Advetiisers shall avoid illustrations or references which encourage persons to refrain from using safety
precautions normally used in any activity.
Commercial advertising offering premiums or gifts must not misstate their value.
Use of Pace graphics, explicit Pace representations or indirect references to Pace or its employees in
advetiising is subject to approval by Pace.
No implied or declared endorsement of any product or service by Pace is permitted.
Advetiisement advocating or proposing transactions which would constitute unlawful discrimination,
or which would be illegal for any other reason, are not permitted. Advertisements which are directed
to inciting or producing imminent lawless or discriminatory action and which are likely to incite or
produce such action are not permitted. Advertisements containing profanity, defamatory or
inflammatoty statements directed an any individual or group, including but not limited to statements
based on a person' or people's race, color, sex, age, religion, disability, national origin, ancestry,
sexual orientation, marital or parental status, military discharge status or source of income, are not
permitted.
All advetiisements of a political nature are to contain the statement: "Paid political advetiisement.
No Pace endorsement implied" in bold type of at least 84 points (1 inch) for exterior bus ads and 18
points (0.25 inches) for interior bus ads.
Prior to installation, the camera-ready artwork and copy must be submitted to the Pace
Advertising Offeror for approval, based on these Guidelines. Any advetiising which may violate the
guidelines will be submitted to Pace by the Offeror for review and approval in accordance with these
guidelines.
Pace reserves the right to reject or remove any advertising which it deems to not be in full
compliance with these guidelines. Pace's Executive Director or hislher designee shall make the final
determination as to whether such advertising meets these Guidelines.
Amended and adopted December 8,2010
7
8
Exhibit
E
For Board Meeting of: l\UgUSt 22, 2011
TO:
1\hyor Kessler and Board of 'frustees
FROM:
Victor 1''0'1. Barrera, Director of Plannil1g & Development
DATE:
August 17, 2011
RE:
Park Centre Condominiums
EXPLANATION:
On tvIay 9, 2011, the Village Board adopted Resolution No. 11-05-33 acknowledging the completion of certain conditions and
authorizing the execution of the Park Centre Redevelopment Agreement Provisions allowed 90 days (to August 22, 2011) from
the receipt of the recorded Agreement by the Developer for the acquisition of the property. Holcomb Development, LLC is
asking for an additional 30 days (September 21, 2011) to complete the transaction.
MOTION REQUESTED:
Motion to adopt a Resolution Granting a 3D-Day Extension for Holcomb Development, LLC, to Satisfy the Conditions Contained
in the Park Centre Condominiums Redevelopment Agreement.
BUDGETED ITEM:
YES
D
NO
D
ATfACHMENTS:
YES [8]
NO
D
Signature
Digitally signed by Victor i\l
Barrera
Date: 2011.08.17 15:20,04
-05'00'
N/A [8]
Village Administrator Reconunendation
Approve the Motion
Lobaito
.
Date: 2011.08.18 09,02:14
,4- fj:7r
~
o-
-05'00'
RESOLUTION NO.
_
RESOLUTION GRANTING A 30-DAY EXTENSION FOR HOLCOMB DEVELOPMENT,
LLC, TO SATISFY THE CONDITIONS CONTAINED IN THE PARK CENTRE
CONDOMINIUMS REDEVELOPMENT AGREEMENT
WHEREAS, on May 9, 2011, the Park Centre Redevelopment Agreement was executed
by the Village of Mundelein and taken for recording at Lake County; and
WHEREAS, the Village delivered an executed Agreement to the Developer on May 24,
2011;and
WHEREAS, the Park Centre Condominiums are to be constructed on property located at
460 N. Seymour Avenue, Mundelein, Illinois legally described on Exhibit A attached hereto.
WHEREAS, the condition for such approval is as follows:
(a) This Agreement and all of the Parties' rights, obligations and liabilities under
this Agreement, including but not limited to all approvals granted under
Section 2 below, shall terminate and become null and void if Developer fails
to acquire title to the Subject Propeliy from the Owner, and deliver notice of
such acquisition to the Village, within ninety (90) days of the Village's
delivery to Developer and Owner of a fully executed copy of this Agreement.
(b) Said 90-day period may be extended by the Village Board of Trustees, by
resolution, without the same being deemed an amendment to this Agreement.
WHEREAS, Holcomb Development LLC ("Developer") has submitted to the Village a
request for an extension of thirty (30) additional days to September 21, 20 II to satisfy the above
conditions; and
WHEREAS, the Village Board of Trustees has reviewed the request and has determined
that it would be in the best interests of the Village to approve a thirty (30) day extension to
satisfy said conditions.
I
ILLINOIS that:
Section 1:
An extension of thirty (30) additional days to September 21, 2011 to
satisfy said conditions is hereby approved.
Section 2:
Except as modified herein, all of the provisions in Resolution No.1 0-11-
41 and Resolution No. 11-05-41 shall remain in full force and effect.
PASSED this nnd day of August, 2011 by a roll call vote as follows.
AYES
NAYS
President
PASSED:
_
APPROVED:
_
ATTEST:
----c:-=c---=--=----
Village Clerk
2
EXHIBIT A
LEGAL DESCRIPTION
LOTS I AND 3 AND THE NORTH 35 FEET OF LOT 5 IN BLOCK 2 IN THE ORIGINAL
TOWN OF HOLCOMB (NOW MUNDELEIN), BEING A SUBDIVISION OF PART OF LOT
2 OF THE SOUTHWEST QUARTER OF SECTION 19 AND OF LOT 2 OF THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 44 NORTH, RANGE II, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 19, 1886 AS DOCUMENT NO. 33999 IN BOOK "A" OF PLATS, PAGE
58, IN LAKE COUNTY, ILLINOIS.
3
Amanda Orenchuk
440 E. Hawley St.
Mundelein, IL 60060
Dear Amanda,
This letter is a request to extend the timeframe for Holcomb Development LLC to
Transfer the land into the Holcomb's name and to complete the Condo documents.
request is to extend the time frame for an additional 30 day period.
aliI'
We appreciate your help with this request. Please notify me once the extension has been
granted. I will keep yOll lip to date on the disposition of these two items.
Sincerely,
Pat McGrath
Manager Holcomb Development
Exhibit
F
TO:
FROM:
DATE:
RE:
August 17, 2011
Bills for Approval
EXPLANATION:
The Village's Bill Approval Policy requires bill approval at each board meetillg. Board approval is respectfully requested. The full
Governing Body report has been posted on the Village's internet site. This is net of any lllVoices Trustees have requested be
pulled for separate vote.
MOTION REQUESTED:
MoticH to approve the payment of bills, as indicated in the Governing Body Report for the period between:
BEGINNING DATE: August 9, 2011
ENDING DATE: August 22, 2011
IN THE AMOUNT OF $963,495.48
BUDGETED ITEM:
YES
0
NO
ATTACHMENTS:
YES
0
NO
0
0
N/A [g]
Signature
Tony V as quez
Digitally signed by 'I'on)' Vasqu~z
ON: cn=Ton), Va,qucz, o=Villagc of
Muodelem,ou=Fmanee,
[email protected],c= US
Date: 2011.08.17 08:53:58 -05'00'
f-
A-.
Approve the MOllon
f,/::7r
Lobaito
Date: 2011.08.17 09:45:35
-05'00'
I
Exhibit 8
OFFICE OF THE VILLAGE ADMINISTRATOR
M UNDELEIN
11,,,.4;,,0.,,,",,,.
f1,• .-M'~fr,fj",r.,."
"<O""""."D '00<>
..
'''"'.''''''''""'"''
'oc''''.'''''''''.'''',,,,
MEMORANDUM
To:
John Lobaito
From:
Michael Flynn
Date:
August 9, 2011
Re:
Proposed Change of Electricity (small accounts only) and Gas Suppliers
As you know, we purchase most of our electricity through the NIMEC cooperative. NlIvIEC aggregates the
power from our "large" accounts, along with the power from the other co-op members, and goes out for bids
annually. This year the NHvIEC low bid for electricity was received from Integrys Energy Services. The bid
price was $.0519 per kwh.
Our NHvIEC bid does not include power from our "small" accounts. W/e have 23 small accounts that are not
included in the NIl\lfEC bid and are still with CornEd, which include pumping and lift stations, water towers
etc. A list of service addresses is attached. Originally, NUvlEC advised us that there was no advantage to
change our small accounts, because 1) there was not a lot of power used on these accounts, and 2) the
electricity providers were not offering rates much lower than the CornEd rate. Currently, the ComEd electric
rnte on our small accounts is $.07645 per kwh.
\\le decided to look into this matter a little more given the recent expansion of compet.ttlon for small
accounts. It turns out that there is interest in the small accounts, and the rates are veiY favorable. David
Hoover, our broker with NIMEC, has checked around for pricing. Exelon has submitted a bid price of
$.05165 per kwh, which is $.0248 less than the CornEd rate. Based on the power we used in all our small
accounts over the past year (345,000 kwh), we would save over $8500 per year. The small accounts would
not be aggregated with the large accounts, but NIMEC would price them annually in July when, CornEd sets
its rates, and make a recommendation regarding changes.
\\le currently use Exelon for our Street Lighting electricity. We have a 1vlaster Sales Agreement with Exelon
which Charlie Marino has reviewed and approved. All we need to make the switch to Exelon for the small
accounts is a Transaction Confirmation (attached) evidencing the terms of the pricing. Given that electricity
prices change daily, we will need to get an updated rate from Exelon for the Transaction Confirmation. \\le
do not expect the rate to change very much.
At this time we request a Motion to execute a Transaction Confirmation Agreement with ComEd for the
Village of 1:vlundelcin small electric accounts.
Service Address
28 S. California
1499 N. Midlothian
1499 N. State Rte 83
1690 S. Butterfield
440 Crystal St.
NS Division
205 N. Archer
40 N. Seymour
o Park Ave Sign
1 Tank PI Pressure Valve
695 Banbury
3215 Bagatelle Ln.
Park 555 N. Seymour Ave.
410 Ambria
1 Tank PI S Rt. 176 & Rte 60/83
169 N. Seymour
396 W. Maple Ave.
369 Lomond Dr.
469 Killarney Pass
OS. Hawley
937 NE Holcomb
1399 N. State Rte 83
2800 W. Rt 60 Lift Station
TRANSACTION CONFIRMATION· FULL REQUIREMENTS ELECTRIC - ATC
Exel~I;»n
Energy'"
Customer Name:
Facility Account Number:
TERM OF TRANSACTION CONFIRMATION. This Transaction Confirmation is part of and incorporates the terms and
conditions of the Master Electricity Sales Agreement ("Agreement") between the Customer identified above ("Customer')
and Exelon Energy Company ("Exelon Energy"). Exelon Energy's services for the Facility Account Number set forth above
shall begin with the Customer's June, 2010 meter reading, on or about June 03, 2010 (the "Beginning Meter Reading"), and
continue through the Customer's May, 2011 meter reading, on or about May 04, 2011 (the "Ending Meter Reading"). This
Transaction Confirmation for the Facility Account Number set forth above supersedes any prior Transaction Confirmation
covering the Pricing Period as defined herein.
PURCHASE OBLIGATION.
Customer agrees to purchase from Exelon Energy on a firm basis one hundred percent
(100%) of Customer's electricity requirements for the Pricing Period for the Facility Account Number set forth above.
DEFINITIONS. All capitalized terms used but not defined in this Transaction Confirmation shall have the meaning ascribed
to them in the Agreement.
"Actual Usage" shall mean Customer's energy usage at the meter(s).
"Billing Period" shall mean the period of time between successive LOC meter readings.
"Energy Charge" shall be the sum of the Hourly Energy Charges for the applicable Billing Period.
"Energy Line Loss Charge" shall be the product of the Energy Charges as provided for in this Transaction Confirmation and
the Une Loss Percentage for the applicable Billing Period.
"Hourly Energy Charge" shall mean the product of the Actual Usage in that hour and the applicable Energy Price as set
forth below.
"Pricing Period" shall mean the period from the Beginning Meter Reading through the Ending Meter Reading.
"RTO Charge" shall be the product of the Fixed RTO Price as set forth below and Customers Actual Usage for the applicable
Billing Period. The RTO charge covers the Customer's capacity, network service, ancillary services, and PJM administrative
fees as defined by the PJM Interconnect, LLC.
BILL FORMAT. Exelon Energy Single Bill Billing. Such invoice will include: Energy Charges, RTO Charges, Energy Line
Loss Charges, LOC Charges, and Taxes as specified in the Agreement and herein. Notwithstanding Customer's election to
receive a single invoice Exelon Energy may switch Customer to an invoice which shall not include the LOC Charge if
Customer owes any amounts to the LOC prior to the commencement of service by Exelon Energy to Customer under this
Transaction Confirmation or failure to perform any covenant or obligation set forth in the Agreement and any related
Transaction Confirmations.
PAYMENT. Customer will pay Exelon Energy's bill within 60 days from its date of issue.
Sales Rep Name: Jason Bessert
EPHID: OFFR-003181-01-0
Page 1 of3
TRANSACTION CONFIRMATION· FULL REQUIREMENTS ELECTRIC· ATC
EnergyOO
NOTICES
EXELON ENERGY COMPANY
CUSTOMER
NOTICES AND CORRESPONDENCE, PARCEL DELIVERIES:
NOTICES AND CORRESPONDENCE, PARCEL DELIVERIES:
Exelon Energy Company
Attn: Contract Administrator
300 Exelon Way
Kennett Square, PA 19348
With a copy to:
Exelon Business Services Company
Attn: Legal Department
300 Exelon Way
Kennett Square, PA 19348
BILLINGS AND STATEMENTS{IF DIFFERENT):
BILLINGS AND STATEMENTS(IF DIFFERENT):
(as indicated on invoice)
ENERGY CHARGE. Customer shall pay Exelon Energy the Energy Charge as defined above. The following Fixed Energy
Price shall be used to determine the Energy Charge.
$
per kWh
FIXED RTO CHARGE. Customer shall pay Exelon Energy the RTO Charge as defined above.
Price shall be used to determine the RTO Charge.
$
The following Fixed RTO
per kWh
ENERGY LINE LOSS CHARGE.
Customer shall pay Exelon Energy the Energy Line Loss Charge as defined above.
following Fixed Line Loss Percentage shall be used to determine the Energy Line Loss Charge.
The
%
EPHID: OFFR-003181-01-0
Page2of3
TRANSACTION CONFIRMATION - FULL REQUIREMENTS ELECTRIC - ATC
Energy"
Each party represents and warrants that the person signing this Transaction Confirmation is authorized to do
so and that this Transaction Confirmation is a valid and binding obligation of such party. The parties agree that fax copies
of executed original copies of this Transaction Confirmation shall be sufficient and admissible evidence of the content and
existence of the agreements set forth herein to the same extent as the originally executed copy or copies (if executed in
AUTHORITY.
counterpart).
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below their respective
signatures.
THIS AGREEMENT SHALL BECOME EFFECTIVE UPON EXECUTION OF THIS DOCUMENT BY BOTH PARTIES.
SELLER: EXELON ENERGY COMPANY
CUSTOMER:
By;...·
_
By: - - - - - - - - - - - - - - Print Name:
Print Name:
Title:
Title: - - - - - - - - - - - - - - - - -
Date: - - - - - - - - - - - - - - - - - -
Date: - - - - - - - - - - - - - - - - - -
EPHID: OFFR-003181-01-0
Page30f3

Agenda Packet

Transcription

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