winnetka village council regular meeting village hall · he invited the trustees to talk to him...

Winnetka Village Council REGULAR MEETING

Village Hall 510 Green Bay Road November 20, 2018

7:00 p.m.

AGENDA 1) Call to Order

2) Pledge of Allegiance

3) Quorum

a) December 4, 2018 Regular Meeting

b) December 11, 2018 Study Session

c) December 18, 2018 Regular Meeting

4) Public Comment

5) Reports

6) Approval of Agenda

7) Consent Agenda

a) Approval of Village Council Minutes

i) October 26, 2018 Budget Meeting ...................................................................................3

ii) November 8, 2018 Rescheduled Regular Meeting ..........................................................8

b) Approval of Warrant List dated November 2-15, 2018 Regular Meeting .............................12

8) Ordinances and Resolutions

a) Public Hearing: FY 2019 Village Budget

i) Resolution No. R-67-2018: Village Budget - Public Hearing and Resolution (Introduction) ...................................................................................................................13

ii) Resolution No. R-68-2018: Utility Rates & Fees (Introduction) ....................................17

iii) Resolution No. R-69-2018: General Fees (Introduction) ...............................................34

Emails regarding any agenda item are welcomed. Please email [email protected], and your email will be relayed to the Council members. Emails for the Tuesday Council meeting must be received by Monday at 4 p.m. Any email may be subject to disclosure under the Freedom of Information Act.

Agenda Packet P. 1

NOTICE

All agenda materials are available at villageofwinnetka.org (Government > Council Information > Agenda Packets & Minutes); the Reference Desk at the Winnetka Library; or in the Manager’s Office at Village Hall (2nd floor). Webcasts of the meeting may be viewed on the Internet via a link on the Village’s web site: http://www.villageofwinnetka.org/government/village-videos/.

The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that all persons with disabilities who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the Village ADA Coordinator – Megan Pierce, at 510 Green Bay Road, Winnetka, Illinois 60093, 847-716-3543; T.D.D. 847-501-6041.

b) Property Tax Levy and Abatement Ordinances .....................................................................49

i) Ordinance No. M-17-2018: An Ordinance Levying Taxes for the Year 2018 (Introduction) ...................................................................................................................52

ii) Ordinance No. M-18-2018: An Ordinance Levying Taxes for the Year 2018 for Village of Winnetka, Cook County, Illinois Special Service Area No. 3 (Introduction) ...................................................................................................................55

iii) Ordinance No. M-19-2018: An Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on $9,000,000 General Obligation Bonds, Series 2013, of the Village of Winnetka, Cook County, Illinois (Introduction) ...................................................................................................................57

iv) Ordinance No. M-20-2018: An Ordinance Abating the Tax Heretofore Levied for the Year 2018 to Pay the Principal of and Interest on $7,500,000 General Obligation Bonds, Series 2014, of the Village of Winnetka, Cook County, Illinois (Introduction) ...................................................................................................................59

c) Ordinance No. MC-8-2018: An Ordinance Regulating Art in the Public Right of Way (Introduction) .........................................................................................................................61

d) Resolution No. R-70-2018: 850 Hill Road Third and Fourth Driveways (Adoption) ...........68

9) Old Business: None.

10) New Business

a) Intergovernmental Agreement with Village of Glencoe Regarding Disconnection/ Annexation of Scott Avenue Split Lots .................................................................................77

11) Appointments

12) Closed Session

13) Adjournment

Agenda Packet P. 2

http://www.villageofwinnetka.org/

http://www.villageofwinnetka.org/government/village-videos/

MINUTES

WINNETKA VILLAGE COUNCIL BUDGET MEETING

October 26, 2018

(Approved: xx)

A record of a legally convened meeting of the Council of the Village of Winnetka, which was held in the Village Hall Council Chambers on Friday, October 26, at 8:30 a.m.

1) Call to Order. President Rintz called the meeting to order at 8:45 a.m. Present: Trustees Robert Dearborn, John Swierk, and Anne Wedner. Absent: Trustees Andy Cripe, Penny Lanphier, and Scott Myers. Also in attendance: Village Manager Robert Bahan, Assistant Village Manager Megan Pierce, Finance Director Tim Sloth, Community Development Director David Schoon, Director of Water & Electric Brian Keys, Assistant Director of Water & Electric Giovanni McLean, Public Works Director Steve Saunders, Assistant Director of Public Works Jim Bernahl, Chief of Police Marc Hornstein, Fire Chief Alan Berkowsky, Deputy Fire Chief John Ripka, Administrative Services Manager Keri Kaup, Accounting Manager Dell Duckworth, and no persons in the audience.

2) Budget Review Topic (2019 budget document previously distributed): President Rintz explained that the Annual Budget is based on policy direction from Village Councils dating as far back as five years, and he cautioned against debating these policy questions in a budget meeting forum. He invited the Trustees to talk to him about future policy topics they would like to discuss at upcoming meetings; and he noted that a budget follow-up discussion will be held in November prior to formal adoption of the 2019 Budget.

a) Budget Overview/2018 (payable in 2019) Tax Levy. Mr. Sloth explained that the proposed 2019 Budget is a $79.5 million dollar budget, which is an increase of 5.5% over 2018.

[Trustee Lanphier arrived at 8:56 a.m.]

Mr. Sloth noted that for the fifth year in a row, there is no increase proposed in the property tax for existing residents; however, capturing a .9% increase in new growth is recommended. Increases in fees would result in an annual increase of $384 (4.8%) for a typical Winnetka household.

Major policy discussions in 2019 will revolve around funding for: (i) stormwater mitigation, (ii) business district revitalization, (iii) sanitary sewer repairs, and (iv) refuse collection.

Next, Mr. Sloth compared an overview of the 2019 Budget with previous years, and also reviewed an overview of the General Fund which included operating expenses and transfers to other funds.

In summary, Mr. Sloth noted that the 2019 proposed Budget is fiscally sound, operating budgets are balanced, appropriate reserves are maintained, adequate staffing is provided, core services are funded, and investments in infrastructure are being made.

Agenda Packet P. 3

Winnetka Village Council Budget Meeting October 26, 2018

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b) Capital Improvement Plan Overview. Mr. Sloth reviewed proposed capital spending for the next five years, noting that major drivers of spending are: (i) stormwater projects; (ii) street repair and maintenance; (iii) electric grid improvements; (iv) water distribution improvements; and (v) sanitary sewer projects.

Trustee Wedner noted that although the Village is very careful with the taxpayers’ money, it has no control over school spending. She expressed discomfort with this state of affairs, and suggested a scenario in which all of the local taxing agencies give a combined presentation to the community about their financial needs before levying higher tax amounts.

President Rintz said some taxing bodies tend to play their needs against those of other agencies, and ultimately in public forums; he noted that a cooperative effort is needed to change that zero-sum thinking in favor of putting the interests of taxpayers first.

c) Police Department. Chief Hornstein reviewed staffing, 2018 accomplishments, and 2019 goals, which include: reconstruction of the new investigations office space; implementation of a digital solution for citations; maintaining and strengthening school partnerships; updating records management functions; and reinforcing crime prevention through community relations. The Police Department’s budget is proposed to increase 1.59% in 2019, due largely to personnel costs.

There was a brief discussion about vehicle replacement for the department, and President Rintz noted that activity related to traffic citations decreased in recent years. Chief Hornstein explained that some of that is attributed to a community service officer who is on military leave. In addition, a significant spike in vehicle thefts over the past two years has shifted the department’s focus and deployment of resources to other areas.

d) Fire Department. Chief Berkowsky reviewed staffing, 2018 accomplishments, and 2019 goals, which include: order a new front-line ambulance; provide Pediatric Advanced Life Support certification training to all Paramedics; develop a training program with a focus on timed practical evolutions; and assist in the adoption of the 2015 model building, fire and life-safety codes. An increase of .25% is proposed for 2019. Capital costs include replacement of the apparatus floor and a new ambulance.

e) Public Affairs / Village Manager’s Office. Ms. Pierce reviewed the three budget areas under the purview of Public Affairs/Village Manager: Administration, Economic Development and Human Resources. She noted that evolution of staffing and core service levels over the past few years have contributed to an upward trend for salaries and supplies. The 2019 budget increase is proposed at 2.21% above 2018 levels. She listed 2018 accomplishments and 2019 planned initiatives, which include planning for the Village’s 150th anniversary of becoming a chartered municipality.

There was a brief discussion about what happens to budgeted funds that don’t get used by the end of the year, with Manager Bahan explaining that the funds are added to the Village’s fund balance reserves.

f) Finance Department. Mr. Sloth reviewed the functions of the Finance Department, noting that department expenditures are decreased by 2.6% in 2019 thanks to staffing efficiencies. He reviewed current staffing levels, 2018 accomplishments, and 2019 goals.

Agenda Packet P. 4


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g) Public Works Department. Mr. Saunders described the functions of the Public Works Department, reviewed 2018 accomplishments and 2019 goals, and gave an overview of the 2019 Street rehabilitation program. The capital side of the budget includes replacement of equipment and trucks, sidewalk/curb replacement program and the replacement of the salt dome roof.

i) Sanitary Sewer Fund. Mr. Saunders listed projects completed in 2018 and gave the status of the most recent inspections and repairs. He noted that a long-term funding source needs to be identified for projects recommended by the recent Sanitary Sewer Study, as the projected fund balance will begin to fall below fund balance requirements by 2021 if no action is taken. He recommended a sanitary sewer rate study be scheduled in 2020 to help set the rates to recover operations and maintenance, ongoing sewer lining, and potential loan repayments.

After a thorough discussion, Mr. Saunders recommended a small rate increase for 2019 to cover preliminary expenses related to long-term sewer projects.

President Rintz suggested that staff gather some funding figures for a Study Session in the first quarter of 2019, before any potential engineering work begins.

ii) Stormwater Fund. Mr. Saunders listed the 2018 accomplishments and goals for 2019. He noted that there is not enough cash balance to complete all of the Stormwater Vision projects; and staff will prepare a funding analysis for the Council and public to discuss. The timing of the analysis is dependent upon the completion of intergovernmental agreements for stormwater detention with the Park District, School District District 36, and New Trier High School.

President Rintz noted that the Village is still in stormwater detention conversations with other local agencies, and that once the cost implications of the higher detention proposals are understood, the Council can begin to discuss funding. He recommended procuring the license agreement from Cook County along with the intergovernmental agreements, to be used by future Councils in the event the current Council doesn’t commit to the detention projects.

Trustee Wedner said the community might be making the assumption that a stormwater plan has been approved. She suggested informing the public that approval of a license agreement does not constitute approval of a final plan with a current theoretical cost of $65 million.

President Rintz explained that the original concept included open water storage, which is relatively inexpensive; however, the Village is now exploring underground detention, which is very expensive. He said if the potential project cost increases greatly because of the underground enhancements, then the Council might consider a provision where the people who benefit from the underground component pay an extra amount in the interest of community equity.

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iii) Refuse Fund. Mr. Saunders noted that community satisfaction with the service is extremely high, and he expressed pride in his refuse team and their foreman.

Mr. Saunders explained that in 2019, refuse collection will be funded solely through rates and fees, eliminating the tax levy that has historically supported the service. He said he does not anticipate any increases in base level services for the next few years, as replacement of the capital fleet is nearly complete.

The Council briefly discussed the strategy of using fees instead of the tax levy to fund refuse service.

iv) Motor Fuel Tax Fund. Mr. Saunders explained that this fund is earmarked for transportation-related capital improvements. It will be used in 2019 and 2020 for the rehabilitation of the Cherry and Oak Street bridges. He noted that Federal funds will cover 80% of the cost of the bridge improvements, and 20% will come from Winnetka.

There was a brief discussion about the sign department and proliferation of signs in Winnetka.

v) Fleet Services Fund. Mr. Saunders reviewed 2018 accomplishments, 2019 goals, and noted the 2019 budget is fairly flat, with a slight increase for supplies and purchase of some in-house maintenance equipment.

h) Community Development Department. Mr. Schoon reviewed the functions and staffing levels of the department, noting that a Request for Proposals will be presented in November for inspectional services. He listed accomplishments for 2018, presented the goals for 2019, and discussed trends in building permits, as they have been in a decline for the past several years.

i) Business District Revitalization Fund. Mr. Schoon reviewed proposed 2019 projects and the five-year capital improvement plan. The wisdom of streetscape projects in the west Elm district was brought up, in light of the bridge reconstruction and One Winnetka construction. President Rintz said he would like Trustees Myers and Cripe to be present before a discussion on that timing takes place. Funding for the business district capital plan was also discussed, with three scenarios presented using a differing mix of property tax abatement, General Fund transfers, and 2017 deployment of surplus funds.

i) Water & Electric Department.

i) Electric Fund. Mr. Keys reviewed the accomplishments and goals of the Electric Department, along with key 2019 budget items. He noted that the recent rate increase is being implemented to meet infrastructure needs, and the fund balance is comfortably over the target. The rate changes are being implemented in line with the Council’s 2018 strategy, and a typical customer will pay an increased $44.21 for the year.

Mr. Keys reviewed the Capital Plan, which includes improvements at the Northfield substation; an overhaul of Turbine #6; underground conductors and directional boring; purchase of conduit, transformers, cable and switchgear; and repair of the plant’s exterior wall.

Agenda Packet P. 6


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ii) Water Fund. Mr. Keys described the department’s functions, listed major 2018 accomplishments, and outlined the goals for 2019. Key budget items include: three water main projects; two roof replacement projects at the Plant; new service installations; preventative maintenance; and emergent water repairs.

President Rintz noted that the 2019 Budget is still open for discussion, and he requested the Trustees to email Manager Bahan with any questions or comments. The first Council meeting in November will include a budget follow-up session.

Trustee Dearborn suggested the Council review any Budget narrative that would be publicized to the community, and President Rintz suggested a transmittal statement from the Council be drafted.

3) Public Comment. None.

4) Adjournment. Trustee Dearborn, seconded by Trustee Swierk, moved to adjourn the meeting. By voice vote, the motion carried. The meeting adjourned at 2:59 p.m.

____________________________

Recording Secretary

Agenda Packet P. 7

MINUTES WINNETKA VILLAGE COUNCIL

RESCHEDULED REGULAR MEETING November 8, 2018

(Approved: xx)

A record of a legally convened regular meeting of the Council of the Village of Winnetka, which was held in the Village Hall Council Chambers on Thursday, November 8, 2018, at 7:00 p.m.

1) Call to Order. President Rintz called the meeting to order at 7:00 p.m. Present: Trustees Robert Dearborn, Penfield Lanphier, Scott Myers, and Anne Wedner. Absent: Trustees Andy Cripe and John Swierk. Also present: Village Manager Robert Bahan, Assistant Village Manager Megan Pierce, Village Attorney Peter Friedman, Director of Water & Electric Brian Keys, Assistant Community Development Director Brian Norkus, Finance Director Tim Sloth, and approximately 4 persons in the audience.

2) Pledge of Allegiance. Trustee Wedner led the group in the Pledge of Allegiance.

3) Quorum.

a) November 13, 2018 Study Session. All of the Council members present said they expect to attend.

b) November 20, 2018 Regular Meeting. All of the Council members present said they expect to attend.

c) December 4, 2018 Regular Meeting. All of the Council members present said they expect to attend.

4) Public Comment.

Ted Wynnychenko, Winnetka resident. Mr. Wynnychenko commented on the Village’s efforts to fulfill recommendations of the Greenest Region 2 Compact and the Council’s recent actions on the size of stormwater restrictors. He added that in his opinion, the Village had missed opportunities to install permeable paver systems during road reconstruction projects in past years.

Manager Bahan explained that Public Works Director Steve Saunders will respond to Mr. Wynnychenko’s comments about restrictor sizes, and he noted that the Council will have more discussions about its stormwater regulations in the future. He added that Winnetka’s Stormwater Vision recommends the use of green infrastructure wherever possible.

Marc Hecht, Winnetka resident. Mr. Hecht posited that the Village Council did not follow proper procedures when it voted on October 16 to approve the One Winnetka final amended planned development application. He took the position that since a protest was filed for the preliminary application, the voting requirement for a supermajority of affirmative votes carried over to the vote on the final application. He asked for an alleged memo written by the Village Attorney on the topic, and he also recommended a correction to the October 16 meeting minutes.

Attorney Friedman explained that the Village has separate provisions at the preliminary and the final approval level for filing protests. The protest filed for the preliminary application

Agenda Packet P. 8

Winnetka Village Council Rescheduled Regular Meeting November 8, 2018

2

did not carry over to the final application procedures. Since no protest was filed against the final approval application, normal Council voting procedures were followed.

5) Reports:

a) Village President. President Rintz reported that a citizen’s commission had been formed in connection with a potential new boat house at the Tower Road Boat Launch and he had asked Trustee Wedner to act as the Council liaison with that committee.

b) Trustees.

i) Trustee Lanphier reminded residents that Community Conversations would take place at Peet’s Coffee on Saturday, November 10.

ii) Trustee Wedner announced that as part of her participation on the committee to identify funding sources for a potential boat house at the Tower Road Boat Launch, she welcomed interested parties to contact her with information about any potential funding sources.

c) Attorney. None.

d) Manager. None.

6) Approval of the Agenda. Trustee Wedner, seconded by Trustee Myers, moved to approve the Agenda. By voice vote, the motion carried.

7) Consent Agenda

a) Village Council Minutes.

i) October 9, 2018 Study Session.

ii) October 16, 2018 Regular Meeting.

b) Approval of Warrant List dated October 12 - November 1, 2018 in the amount of $2,212,334.87.

c) Resolution No. R-65-2018: Approving the Purchase of a Circuit Breaker from Power Line Supply Company (Adoption).

d) Resolution No. R-66-2018: Authorizing the Purchase of Primary Cable Under a Contract With Okonite (Adoption).

Trustee Myers, seconded by Trustee Wedner, moved to approve the foregoing items on the Consent Agenda by omnibus vote. By roll call vote, the motion carried. Ayes: Trustees Dearborn, Lanphier, Myers, and Wedner. Nays: None. Absent: Trustees Cripe and Swierk.

8) Ordinances and Resolutions.

a) Ordinance No. M-16-2018: 928 Green Bay Road - Alexandra Kaehler Interior Design Special Use Permit (Introduction / Adoption). Mr. Norkus reviewed this request for a special use permit for an interior design office on the ground floor in the Commercial Overlay District. The applicant has occupied the Subject Property since March 2018, as she was unaware of the special use permit requirement.

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Mr. Norkus explained that the Plan Commission recommends approval with the condition that the current “by appointment only” language on the door be changed to list hours of operation. A second condition recommends that the special use permit be valid for a term of three years, at which time the applicant could apply for re-approval for the special use permit, free of any cost associated with the application.

Mr. Norkus explained that this particular building has a new owner who was unaware of the Commercial Overlay. He noted there is a Village protocol for approving uses coming into the business districts, along with a detailed process to make sure incoming tenants comply with zoning requirements.

After the Council asked a few questions, the business owner, Alex Kaehler, was invited to comment upon her business.

Ms. Kaehler said her real estate broker explained to her the requirement to collect sales tax, but said nothing about a special use permit. She noted that she sources from retail stores in the vicinity of her design business, and she felt her enterprise fit nicely into the Hubbard Woods Design District.

After a thorough discussion about the request, including whether or not to require a retail component, the Council was generally in agreement to approve the special use ordinance as written.

Trustee Myers pointed out that this location, like so many in the Village, is poorly designed for a retail operation and the Council needs to take that into consideration when dealing with the Commercial Overlay.

Trustee Dearborn, seconded by Trustee Myers, moved to waive introduction of Ordinance No. M-16-2018. By roll call vote, the motion carried. Ayes: Trustees Dearborn, Lanphier, Myers, and Wedner. Nays: None. Absent: Trustees Cripe and Swierk.

Trustee Wedner, seconded by Trustee Dearborn, moved to adopt Ordinance No. M-16-2018. By roll call vote, the motion carried. Ayes: Trustees Dearborn, Lanphier, Myers, and Wedner. Nays: None. Absent: Trustees Cripe and Swierk.

b) Resolution No. R-64-2018: Resolution Rejecting Bids, Waiving Bidding, and Awarding a Contract for the Purchase of a Transformer From Resco (Adoption). Mr. Keys explained that the cost of a transformer must take into account electrical losses that are inherent to their design. He noted that a low material cost does not necessarily equate to the lowest cost overall once the loss evaluation is factored in. Conversely, a transformer with a high material cost but low losses can be judged to be the lowest in overall cost. Based upon the current bid evaluation, Resco met the technical criteria of the bid specification and offers the lowest evaluated life cycle cost. Therefore, staff recommends rejecting the bids, waiving bidding, and awarding the contract to Resco.

There being no substantive discussion, Trustee Lanphier, seconded by Trustee Myers, moved to adopt Resolution No. R-64-2018. By roll call vote, the motion carried. Ayes: Trustees Dearborn, Lanphier, Myers, and Wedner. Nays: None. Absent: Trustees Cripe and Swierk.

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9) Old Business. None.

10) New Business.

a) Budget Review. Mr. Sloth reviewed a list of outstanding follow-up items from the October 26 Budget Meeting.

President Rintz read a statement into the record from Trustee Cripe commending staff for a job well-done and offering his complete support of the 2019 Budget.

The Council were in agreement that the Budget Meeting format this year was very beneficial and allowed the review process to flow in a coherent manner. There was consensus that the 2019 Budget is very well done, and the community needs communication from the Council about offsetting rising costs with minor fee increases.

Ms. Pierce said a draft of the Council’s transmittal letter, which identifies key themes and pinpoints the Budget highlights, will be ready soon for the Council’s review.

11) Appointments: None.

12) Closed Session. Trustee Dearborn moved to adjourn into Closed Session to discuss Collective Bargaining and Pending or Probable Litigation, pursuant to Sections 2c(2) and 2c(11), respectively, of the Illinois Open Meetings Act. Trustee Myers seconded the motion. By roll call vote, the motion carried. Ayes: Trustees Dearborn, Lanphier, Myers, and Wedner. Nays: None. Absent: Trustees Cripe and Swierk.

President Rintz announced that the Council would not return to the open meeting after Executive Session. The Council adjourned into Executive Session at 8:26 p.m.

13) Adjournment. Trustee Myers, seconded by Trustee Wedner, moved to adjourn the meeting. By voice vote, the motion carried. The meeting adjourned at 9:12 p.m.

______________________________ Recording Secretary

Agenda Packet P. 11

Agenda Item Executive Summary

Title:

Presenter:

Agenda Date: OrdinanceResolutionBid Authorization/Award

Consent: YES NO Policy DirectionInformational Only

Item History:

Executive Summary:

Recommendation:

Attachments:

Warrant List

Robert M. Bahan, Village Manager

11/20/2018

✔✔

None.

The Warrant List dated November 2-15, 2018 was emailed to each Village Council member.

Consider approving the Warrant List dated November 2-15, 2018.

None.

Agenda Packet P. 12


Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Resolution No. R-67-2018: Village Budget - Public Hearing and Resolution (Introduction)

Timothy J. Sloth, Director of Finance

11/20/2018

✔

✔

The Village Council held meetings on October 26 and November 8, 2018 to review the proposed fiscalyear 2019 budget.

The Resolution adopting the budget is distributed one meeting prior to adoption so the public has anopportunity to review the materials.

A Public Hearing on the budget was advertised in the November 8, 2018 edition of the Winnetka Talkfor November 20, 2018 at 7:00 p.m. The budget will result in an approximately 4.8% increase in costsfor municipal services for a typical homeowner consisting of a:

No increase in property taxes (12.67% Village portion of tax bills received in 2018)

8.5% increase in water charges ($86 annual cost increase on a $1,010 annual bill)

5.0% increase in sanitary sewer charges ($20 annual cost increase on a $392 annual bill)

2.2% increase in residential electric charges ($79 annual cost increase on a $2,635 annual bill)

Increase in the residential refuse collection fee from $25 a month to $45 a month.

Vehicle license fees and most other fees and taxes remain unchanged. The Village will consideradoption of this Resolution at the December 4, 2018 Council Meeting.

1) Conduct a public hearing on the 2019 Village of Winnetka Budget2) Consider introduction of Resolution No. R-67-2018

1) Resolution No. R-67-2018, Adopting the Annual Budget for the Fiscal Year beginning January 1,2019 and ending December 31, 2019

Agenda Packet P. 13

November 20, 2018 R-67-2018

RESOLUTION NO. R-67-2018

A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR

BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019

WHEREAS, the corporate authorities of the Village of Winnetka (“Village Council”)

have previously adopted Sections 8-2-9.1 through 8-2-9.10 of the Illinois Municipal Code, establishing the office of budget officer and authorizing the adoption of the annual budget in lieu of an annual appropriation ordinance; and

WHEREAS, on October 12, 2018, the Village Council placed the proposed, tentative annual budget for the fiscal year beginning January 1, 2019, and ending December 31, 2019, on file at the office of the Village Manager, at the Winnetka Public Library, and on the Village of Winnetka web site (www.villageofwinnetka.org), and has made the proposed, tentative annual budget available for public inspection since that date; and

WHEREAS, on November 20, 2018, pursuant to notice published on Thursday, November 8, 2018 in the Winnetka Talk, a newspaper published and in general circulation in the Village of Winnetka, the Village Council held a public hearing on the proposed tentative annual budget; and

WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970, pursuant to which it has the authority, except as limited by said Section 6 of Article VII, to exercise any power and perform any function pertaining to the government and affairs of the Village, including, but not limited to, the powers (i) to regulate for the protection of the public health, safety, morals and welfare, (ii) to license, (iii) to tax, and (iv) to incur debt; and

WHEREAS, the Village Council finds that establishing an annual budget for the Village, including estimating revenues and recommending expenditures, is a matter pertaining to the affairs of the Village.

NOW, THEREFORE, be it resolved by the Council of the Village of Winnetka as follows:

SECTION 1: The Annual Budget for the Village of Winnetka, which is attached hereto as Exhibit A and is incorporated by reference as if fully set forth herein, is hereby adopted as the Annual Budget for the Village of Winnetka for the Fiscal Year beginning January 1, 2019 and ending December 31, 2019.

SECTION 2: The adoption of the foregoing annual budget shall be in lieu of the appropriation ordinance required in Section 8-2-9 of the Illinois Municipal Code.

SECTION 3: Home Rule. This Resolution is adopted by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.

SECTION 4: Effective Date. This resolution shall be in full force and effect immediately upon its adoption.

Agenda Packet P. 14

November 20, 2018 R-67-2018

ADOPTED this ___ day of _______, 2018, pursuant to the following roll call vote:

AYES:

NAYS:

ABSENT:

Signed:

Village President

Countersigned:

Village Clerk

Introduced: November 20, 2018 Adopted:

Agenda Packet P. 15

November 20, 2018 R-67-2018

NOTE: EXHIBIT A IS THE COMPLETE BUDGET DOCUMENT, WHICH, DUE TO ITS SIZE, CANNOT BE REPRODUCED IN FULL IN THESE AGENDA MATERIALS. THE COMPLETE BUDGET DOCUMENT CAN BE FOUND IN THE FISCAL TRANSPARENCY SECTION OF THE VILLAGE’S WEBSITE WHICH IS LINKED DIRECTLY BELOW:

https://www.villageofwinnetka.org/government/council-members/fiscal-transparency/

THE COMPLETE BUDGET ALSO REMAINS AVAILABLE FOR INSPECTION IN THE VILLAGE MANAGER’S OFFICE AND AT THE WINNETKA PUBLIC LIBRARY. THE COMPLETE, FINAL BUDGET WILL BE APPROPRIATELY LABELED AND WILL BE ATTACHED TO AND MAINTAINED WITH THE ORIGINAL BUDGET RESOLUTION FOLLOWING ITS ADOPTION.

Agenda Packet P. 16




Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Resolution No. R-68-2018: Utility Rates and Fees (Introduction)


11/20/2018

✔

✔

The Village Council held meetings on October 26 and November 8, 2018 to review the proposedfiscal year 2019 budget.

The Village Council sets utility fees annually by resolution during the budget approval process.

Because of the projected capital needs of the electric, water, sanitary sewer, and refuse utilities, rate adjustments for each areproposed and incorporated in the FY 2019 budget.

Electric rates derived from the 2016-2017 Electric Rate Study are implemented in the proposed rate resolution. The rate changesinclude a 2.2% increase in the base rate and 0.8% projected power cost adjustment for a typical residential customer. Rateadjustments are comprised of changes to the volumetric (kWh) rate and the customer charge.

Water rates derived from the 2016-2017 Water Rate Study are also implemented in the proposed rate resolution. Incorporated,unincorporated, and special service customers will see a rate increase of 8.5% comprised of changes to the volumetric rate (cu.ft.).The Northfield wholesale rate is set by contract and is subject to rate adjustments outside the budget process.

Sanitary sewer service volumetric rates are increasing by 5% for all customers in order to offset capital improvements such as I/Irepair, trenchless lining, follow-up flow monitoring, and continued funding for the sanitary sewer backup reimbursement program.Refuse fees for residential customers will increase from $25 per month to $45 per month. This increase provides for the Refuseprogram to be fully funded by user fees, allows for replacement of capital equipment, and is projected to stabilize rates through2023.

The Village Code requires that this Resolution be introduced at a meeting and adopted at a subsequent meeting; the Village willconsider adoption of this Resolution at the December 4, 2018 Council Meeting.

Consider introduction of Resolution No. R-68-2018.

Resolution No. R-68-2018, a Resolution Establishing Rates and Fees Related to Utility Services.

Agenda Packet P. 17

November 20, 2018 R-68-2018


A RESOLUTION ESTABLISHING RATES AND FEES

RELATED TO UTILITY SERVICES

WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970, pursuant to which it has the authority, except as limited by Section 6 of Article VII of such Constitution, to exercise any power and perform any function pertaining to the government and affairs of the Village, including, but not limited to, the powers (i) to regulate for the protection of the public health, safety, morals and welfare, (ii) to license, (iii) to tax, and (iv) to incur debt; and

WHEREAS, the Village of Winnetka (“Village”) owns, operates, and provides the following services in the Village (collectively, “Utility Services”): (i) a water utility that provides water service; (ii) an electric utility that provides electric service; (iii) a public sewer system; (iv) a municipal waste system that provides for the collection, transportation and disposal of refuse and yard waste; and (v) a public stormwater utility to provide stormwater management services; and

WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the Village is permitted to charge fees for Utility Services; and

WHEREAS, the President and Village Council have determined that adoption of this Resolution will serve and be in the best interest of the Village of Winnetka;


SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein.

SECTION 2: FEES FOR WATER.

A. Water Rates. Each customer using water furnished by the Village of Winnetka Water and Electric Department shall be charged for such service in accordance with the following Schedules of Volumetric Water Rates and Water Customer Charges, as provided in Section 13.04.040 of the Winnetka Village Code:

[Remainder of this page intentionally left blank.]

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SCHEDULE OF VOLUMETRIC WATER RATES

Type of Customer Rate Service within corporate limits $38.00 per 1,000 cubic feet, as metered Service outside of corporate limits $68.02 per 1,000 cubic feet, as metered Service to Village of Northfield: Rate established by agreement approved by

resolution of the Village Council Special Service $28.49 per 1,000 cubic feet, as metered

SCHEDULE OF WATER CUSTOMER CHARGES

Type of Customer (Meter Size) Monthly Service Charge Less than or equal to One Inch (1”) $6.10 One and One Half Inches (1.5”) $7.20 Two Inches (2”) $10.20 Three Inches (3”) $32.45 Four Inches (4”) $40.70 Six Inches (6”) $59.95 Eight Inches (8”) $81.90

B. Disconnection/Reconnection Fees. The following fees shall be charged and collected for service calls to either disconnect or reconnect service as the result of nonpayment, as provided in Section 13.04.060 of the Winnetka Village Code:

SERVICE DISCONNECTION OR RECONNECTION FEE

Time of Service Call Fee During regular business hours (Monday through Friday, except for holidays, from 7:30 a.m. to 3:00 p.m.)

$95.00 per service dispatch

All other times (evenings, nights, weekends and holidays) $448.00 per service dispatch

C. Water Service Tap Fees. The following fees shall be charged for the installation of water connections, as provided in Section 13.04.100 of the Winnetka Village Code:

WATER SERVICE TAP FEES

Water Tap Size

Water Main Size

Fee

Service Included in Fee

1 1/2” or less

All $852 Making tap, tapping sleeve, corp. stop, curb stop and box, and inspection

2” All $960 Making tap, tapping sleeve, corp. stop, curb stop and box, and inspection

4” 4” $1,535 Making tap, tapping sleeve and valve, and inspection 4” 6” $1,775 Making tap, tapping sleeve and valve, and inspection 6” 6” $1,880 Making tap, tapping sleeve and valve, and inspection 4” 8” $1,880 Making tap, tapping sleeve and valve, and inspection 6” 8” $1,985 Making tap, tapping sleeve and valve, and inspection

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Water Tap Size

Water Main Size

Fee

Service Included in Fee

8” 8” $2,300 Making tap, tapping sleeve and valve, and inspection 4” 10” $2,400 Making tap, tapping sleeve and valve, and inspection 6” 10” $2,500 Making tap, tapping sleeve and valve, and inspection 8” 10” $2,900 Making tap, tapping sleeve and valve, and inspection 4” 12” $2,400 Making tap, tapping sleeve and valve, and inspection 6” 12” $2,500 Making tap, tapping sleeve and valve, and inspection 8” 12” $2,925 Making tap, tapping sleeve and valve, and inspection

For all taps 4” and larger, valve vaults meeting Water and Electric Department specifications must be furnished by the customer’s plumber, at the customer’s cost. Other size taps may be made only with the consent of the Water and Electric Department, at the customer’s cost.

D. Water Meter Fees. The following fees shall be charged for the water meters provided by the Village, as provided in Sections 13.04.030 and 13.04.100 of the Winnetka Village Code:

WATER METER FEES

Meter Size Cost 5/8” $475 3/4” $525 1” $625

1 1/2” $890 2” $990

Spreader and valves on both sides of meter must be installed by the customer’s plumber, at the customer’s cost. Other sizes of meters may be required or permitted, as determined by the Water and Electric Department, based on the characteristics of the proposed service. Such other installations shall require the written approval of the Water and Electric Department and the entire cost of the purchase and installation shall be borne by the customer.

E. Replacement of Touchpad Fees. The following fees shall be charged for replacement of removed touchpads and replacement of the touchpad wiring:

Replacement of Touchpad $95.00 Replacement of Touchpad Wiring $265.00

F. Temporary Water Service Fees. Pursuant to Section 13.04.150 of the Winnetka Village Code, temporary water service provided during building construction shall be billed at the rate applicable to the use specified in the building permit.

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G. Construction Temporary Water Service Fees. Bulk water provided from the fire hydrant located at the Village’s Public Works Facility for construction projects will be billed at the unincorporated water rate. The minimum daily charge will be $50. At the discretion of the Water and Electric Director, the water rate can be waived for contractors performing Village work.

SECTION 3: FEES FOR ELECTRICITY.

A. Definitions. As used in this Section 3, the following terms, phrases and words and their derivations shall have the meanings given in this section, unless the context or use clearly indicates another or different meaning is intended:

Customer Charge: A fixed charge based on the type of service rather than the amount of electricity used.

Demand Charge: A charge based on the rate at which electric energy is delivered, expressed in kilowatts (kW), averaged over a 30-minute period.

Energy Charge: A volume based charge for energy used.

Load Factor: The ratio of energy used to the maximum energy consumption for a given monthly peak demand.

On-peak Demand: A peak demand that occurs between the hours of 3:00 p.m. and 9:00 p.m.

Off-peak Demand: A peak demand that occurs between after 9:00 p.m. and before 3:00 p.m.

Primary Lines: High voltage power lines

Secondary Lines: Low voltage power lines that extend from the high voltage Primary Lines and distribute electricity to individual property lines.

Service Lines: The power lines that extend from the Secondary Lines to the individual meter connections located on each parcel of property that receives electric service.

B. Season Rates. Separate summer and winter rates shall be established for demand charges and energy charges. Pursuant to Section 13.08.150 of the Winnetka Village Code, summer rates shall be in effect for each of the four consecutive months with ending metered dates on or after June 1 of each year.

C. Electric Rates. Each customer using electricity furnished by the Village of Winnetka Water and Electric Department shall be charged for such service in accordance with the following schedule of electric rates, as provided in Section 13.08.040 of the Winnetka Village Code:

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1. Customer Charge: Each customer shall be charged a monthly customer charge according to the schedule below:

SCHEDULE OF ELECTRIC CUSTOMER CHARGES

Type of Customer (Rate Code) Monthly Service Charge Rate 1: Residential $15.46 Single Phase $21.76 Three Phase Rate 2: Space Heating $15.46 Single Phase $21.76 Three Phase Rate 3: Commercial $21.46 Single Phase $27.76 Three Phase Rate 4: School and Government (<1000kW) $31.46 Single Phase $37.76 Three Phase Rate 4: School and Government (>1000kW) $61.46 Single Phase $67.76 Three Phase Rate 6: Water Heating $10.46 Single Phase $16.76 Three Phase Rate 7: Large Residential $15.46 Single Phase $21.76 Three Phase Rate 8: Street Lights $0.00 Single Phase $0.00 Three Phase

2. Energy and Demand Charges: In addition to the Customer Charge, each customer shall pay energy and demand charges at the rates set forth in the following Schedule of Energy and Demand Charges:

SCHEDULE OF ENERGY AND DEMAND CHARGES

Rate 1 - Residential: (Section 13.08.080 of the Winnetka Village Code)

Energy Charge Summer Rate $0.1324 per kWH Winter Rate $0.1182 per kWH

Rate 2 - Space Heating Customers: (Section 13.08.090 of the Winnetka Village Code)

Energy Charge Summer Rate $0.1315 per kWH Winter Rate

First 750 kWH $0.1187 per kWH All over 750 kWH $0.0807 per kWH

Rate 3 - Commercial: (Section 13.08.100 of the Winnetka Village Code)

Demand Charge Summer Rate

First 50 kW $0.00 per kW All over 50 kW $14.27 per kW

Winter Rate First 50 kW $0.00 per kW

All over 50 kW $12.91 per kW Energy Charge

Summer Rate First 15,000 kWH $0.1289 per kWH

All over 15,000 kWH $0.0936 per kWH

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Winter Rate First 15,000 kWH $0.1171 per kWH

All over 15,000 kWH $0.0936 per kWH

Rate 4 - School and Government: (Section 13.08.110 of the Winnetka Village Code)

(a) With an annual peak demand of up to 1,000 kW:

Demand Charge Summer Rate $13.05 per kW Winter Rate $11.25 per kW

Energy Charge Summer Rate

First 100,000 kWH $0.0813 per kWH Over 100,000 kWH $0.0702 per kWH

Winter Rate First 100,000 kWH $0.0739 per kWH Over 100,000 kWH $0.0702 per kWH

(b) With an annual peak demand exceeding 1,000 kW:

Demand Charge Summer Rate

On Peak $13.16 per kW Off Peak $9.05 per kW in excess of On Peak Demand

Winter Rate On Peak $11.75 per kW Off Peak $9.05 per kW in excess of On Peak Demand

Energy Charge Summer Rate

First 100,000 kWH $0.0813 per kWH Over 100,000 kWH $0.0702 per kWH

Winter Rate First 100,000 kWH $0.0739 per kWH Over 100,000 kWH $0.0702 per kWH

Load Factor Credit ($0.005) per kWH for kWH in excess of 50% based upon the on peak demand

Rate 6 - Water Heating: (Section 13.08.120 of the Winnetka Village Code)


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Rate 7 - Large Residential: (Section 13.08.130 of the Winnetka Village Code)

Demand Charge Summer Rate $12.41 per kW Winter Rate $10.83 per kW


Rate 18 - Street Lights: (Section 13.08.140 of the Winnetka Village Code)


D. Wholesale Power Purchase Cost Adjustment.

1. Wholesale Power Purchase Cost Adjustment formula: The electric system’s cost of purchasing power shall be estimated at least once per year. Pursuant to Section 13.08.160 of the Winnetka Village Code, the Wholesale Power Purchase Cost Adjustment shall be calculated as the difference between the estimated annual cost per kWh of purchasing power and the 12 month rolling average cost of power calculated bimonthly. If the actual 12 month rolling average cost of power calculated bimonthly on a per kWh basis exceeds the estimated cost, the shortage shall be recovered by billing all customers at the same amount per kWh in the next bimonthly cycle. If the estimated annual cost per kWh of purchasing power exceeds the actual 12 month rolling average cost of power calculated bimonthly on a per kWh basis, the excess shall be credited to all customers at the same amount per kWh in the next bimonthly cycle.

E. Renewable Energy Production Credit.

1. Terms:

a. Eligible Customer. A customer of the Village’s Electric Utility who satisfies all of the requirements of Section 13.08.260 of the Winnetka Village Code.

b. Renewable Energy Production Credit, or REPC, means the actual credit as calculated pursuant to the formula in subsection 2, below.

c. Renewable Energy, or RE, means the amount of energy, measured in kWh, delivered to the Village by an Eligible Customer.

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d. Wholesale Purchase Power Cost, or WPPC, means the allocation on a per kilowatt hour basis of the total annual cost of purchasing power shown in the annual budget line item for “Purchased Power.”

2. Calculation of REPC:

REPC = (RE x WPPC)

3. REPC Carry-forward: If the REPC exceeds the cost of the power and energy billed to the Eligible Customer by the Village in a billing period, the excess REPC will be carried forward from one billing period to the next, except that no amount shall be carried forward past the end of the calendar year and that any amount of energy in kWh reflected in carry-forward credits remaining at the end of the calendar year shall be deemed to have been provided to the Village at no charge.

4. No Refunds or Transfers: No Eligible Customer whose electric service is terminated shall be entitled to a refund of any REPC balance, regardless of the reason for the termination of service. Nor shall any Eligible Customer be entitled to transfer any REPC balance to a succeeding customer upon the termination of the Eligible Customer’s electrical service, regardless of the reason for the termination of service. Upon the termination of an Eligible Customer’s electric service, the Eligible Customer’s account shall be closed and any amount of kWh reflected in any REPC balance in existence at the time the account is closed will be deemed to have been provided to the Village, at no charge.

F. Undergrounding Surcharge. Pursuant to Section 13.08.240 of the Winnetka Village Code, the following surcharges are hereby established for the undergrounding of transmission and distribution lines:

RATE U - UNDERGROUNDING SURCHARGE

1. Surcharge: Except as provided in subsection (c), each customer located in a Project Area within which the Primary Lines and Secondary Lines are placed underground pursuant to Section 13.08.230 of the Winnetka Village Code shall be subject to an undergrounding surcharge. The surcharge shall be charged monthly until the Applicable Project Cost, plus interest on the unpaid balance at a rate of 7% per annum, is fully paid. The surcharge shall not be charged for more than 60 consecutive months. The surcharge amount shall be as follows:

Surcharge UA Monthly surcharge of $100 if Applicable Project Cost equals $5,000 or less.

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Surcharge UB Monthly surcharge of $150 if Applicable Project Cost is greater than $5,000 but does not exceed $7,500.

Surcharge UC Monthly surcharge of $200 if Applicable Project Cost is greater than $7,500 but does not exceed $10,000.

Surcharge UD Monthly surcharge of $250 if Applicable Project Cost is greater than $10,000 but does not exceed $12,500.

2. Definitions: The following definitions shall be used in determining the undergrounding surcharge:

Project Area: The service area covered by a petition for undergrounding, as determined by the Director of Water and Electric, and shall include the Primary Lines, Secondary Lines and Service Lines within that service area.

Project Costs: All direct costs of undergrounding the Primary Lines and Secondary Lines in the Project Area (“Cost 1”). For customers with overhead Service Lines, the direct costs of undergrounding overhead Service Lines in the Project Area (“Cost 2”) shall be included in the Project Costs in addition to Cost 1. Direct costs shall include, but not be limited to, labor, materials, recording of easements and the cost of relocating all related electric utility facilities and equipment, such as pad mount transformers and switch gear.

Project Cost UG: The Project Cost per customer with underground Service Lines, which shall be determined by dividing Cost 1 by the number of customers in the Project Area.

Project Cost OH: The Project Cost per customer with overhead electric service, which shall be determined by dividing Cost 2 by the number of customers in the Project Area with overhead electric service and adding the resulting amount to Project CostUG .

Applicable Project Cost: The Project Costs as allocated to the individual customers in the Project Area. The Applicable Project Cost for each customer with underground Service Lines shall be Project CostUG. The Applicable Project Cost for each customer with overhead Service Lines shall be Project CostOH.

3. Exceptions to Surcharge: The undergrounding surcharge shall not be charged to any customer in the Project Area who pays the Applicable Project Costs in full before the project begins.

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G. Disconnection or Reconnection Fee. The following fees shall be charged and collected for service calls to disconnect or reconnect service as the result of nonpayment, as provided in Section 13.08.060 of the Winnetka Village Code:

SERVICE DISCONNECTION OR RECONNECTION FEE

Time of Service Call Fee

During regular business hours (Monday through Friday, except for holidays, from 7:30 a.m. to 3:00 p.m.)

$95.00 per service dispatch

All other times (Evenings, nights, weekends and holidays) $448.00 per service dispatch

H. Replacement Touchpad. The following fees shall be charged for replacement of removed touchpads and replacement of the touchpad wiring:

Replacement of Touchpad $95.00

Replacement of Touchpad Wiring $285.00

I. Removal and Reinstallation of Overhead Service Connection. The following fee shall be charged and collected for costs to disconnect, remove and reconnect an overhead service conductor for construction activities:

Time of Service Call Fee

During regular business hours (Monday through Friday, except for holidays, from 7:30 a.m. to 3:00 p.m.)

$300.00

All other times (Evenings, nights, weekends and holidays) $1,004.00

J. Cost of Adding, Upgrading and Underground Electric Services. The costs of installing new electric service, upgrading electric service to increase capacity and converting overhead service to underground service shall be allocated as follows:

Installation and Ownership of Facilities: All existing facilities and equipment, and all facilities and equipment related to new service, upgraded service and underground conversions, up to the meter, shall be owned, operated and maintained by the Village of Winnetka Water and Electric Department. The meter pedestal or meter enclosure shall be provided by the customer, at the customer’s expense, and shall be owned and maintained by the customer.

The Water and Electric Department shall install all new electrical service lines, all meters, all service upgrades and all conversions of overhead service to underground service, regardless of the party initiating the conversion, except that the Water and Electric Department shall not perform any work on the customer’s side of the meter.

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New Service or Increased Load: The following fees shall be charged for installing new or larger electric services:

Installation of a 200 Amp service (Includes conduits for communication conductors)

$9,800

Installation of a 400 Amp service (Includes conduits for communication conductors)

$21,000

Installation of three phase service

The costs of providing three phase electric service, including the cost of any necessary relocation, replacement or extension of the primary, secondary lines and transformers to which the service line is connected, shall be paid for by the customer requesting the new or increased three phase service.

If a primary or secondary line must be relocated, replaced or extended in order to install a new service or to increase the load capacity of an existing service, any customer who connects to such primary or secondary line within five years after the its installation may be required to pay that customer’s pro rata share of such costs. The Village Manager, in the exercise of his discretion, may enter into a written agreement with the initial requesting customer and establish terms for the payment of such costs, which may include a recapture provision that provides for the Village to refund such pro rata costs, less administrative costs in the amount of 10% of the recaptured amount, to the initial requesting customer.

Service Lines – Scheduled Conversion to Underground Service: A customer may choose either to maintain overhead service or to convert his service line from overhead service to underground service in conjunction with the Water and Electric Department’s planned conversion undergrounding of the primary and secondary lines to which the customer’s service line is connected. If the customer elects to maintain overhead service, the Water and Electric Department will install, at no additional cost to the customer, a new pole as close to the service connection as the Department deems possible, placing the service line underground to the pole, installing a service riser to the top of the pole, and connecting an overhead line to the existing service connection.


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If the customer elects to place the service line underground, the Water and Electric Department will do so, at no additional cost to the customer, provided the customer purchases the meter enclosure or meter pedestal and makes, at the customer’s expense, all alterations necessary to relocate the meter and building service so as to connect to the underground service line in the location specified by the Water and Electric Department.

Underground Service – Customer Requested Conversion: All costs of converting overhead electrical service to underground electrical service, including the cost of any necessary relocation of the primary and secondary lines to which the service line is connected, shall be paid by the customer if it is requested by the customer and the conversion is not done as part of the Water and Electric Department’s undergrounding program. If the customer is increasing the size of the service entrance equipment, the customer shall be charged in accordance with rates for New Service or Increased Load for the service connection work. Existing rear lot residential services will be relocated to the front of the building and the service connection shall be at a location specified by the Water & Electric Department. As part of the conversion, an electric meter located within the structure shall be relocated to the outside.

K. Temporary Electric Service. Pursuant to Section 13.08.210 of the Winnetka Village Code, temporary electric service provided during building construction shall be billed at the rate applicable to the use specified in the building permit.

SECTION 4: SANITARY SEWER FEES.

A. Sewer Service Volumetric Rates. Any person owning or occupying premises which are connected to the public sewers within the Village of Winnetka shall pay for such services, as provided in Section 13.12.010 of the Winnetka Village Code, at the rate of $16.79 per 1,000 cubic feet of water supplied to those premises.

B. Sewer Service Customer Charge. Any person owning or occupying premises which are connected to the public sewers within the Village of Winnetka shall pay for such services, as provided in Section 13.12.010 of the Winnetka Village Code, a customer charge of $2.00 per month.

C. Fee for Returned Payment. A fee of $30.00 shall be charged for any payment that is returned to the Village for any reason, including, but not limited to, insufficient funds, account closed, or referred to maker.

SECTION 5: REFUSE FEES.

A. Definitions. All terms defined in Section 8.16.010 of Chapter 8.16 of the Winnetka Village Code, “Garbage and Refuse,” shall have the same meaning when used in this Section 5.

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B. Commercial Refuse Service Fees. Pursuant to Section 8.16.050 of the Winnetka Village Code, the following monthly fees are hereby established for commercial refuse service, including apartments in commercial buildings:

SCHEDULE OF MONTHLY COMMERCIAL REFUSE SERVICE FEES

Container Number of Pickups Per Week Volume per Pick-up

1

2

3

4

5

6

7

1 Cu.Yd. $40 $72 $99 $130 $155 $185 $217 1.5 Cu.Yd. $50 $89 $132 $171 $213 $252 $292 2 Cu.Yd. $59 $110 $164 $216 $266 $318 $367 3 Cu.Yd. $80 $149 $219 $288 $359 $427 $498 4 Cu.Yd. $103 $179 $274 $359 $446 $481 $614 5 Cu.Yd. $125 $227 $328 $427 $529 $529 $729 6 Cu.Yd. $149 $266 $383 $498 $614 $729 $847 1-99 Gal. $19 $25 $32 $40 $46 $53 $61 100-180 Gal. $25 $40 $53 $72 $85 $100 $116

[Note: Individual accounts will be charged a share of the monthly fees charged based upon the account’s proportionate use of the container(s), as determined by the Winnetka Public Works Department.]

C. Residential Refuse Service Fees. Pursuant to Section 8.16.050 of the Winnetka Village Code, the following fees and charges are hereby established for residential refuse service:

SCHEDULE OF RESIDENTIAL REFUSE SERVICE FEES

Service Charge One pick-up per week of no more than two garbage cans of household rubbish

$45.00 per month

Collection of household rubbish or garbage in excess of two garbage cans per pick-up

$2.25 per sticker (one sticker required for each container)

Subscription service for one additional pick-up each week $50.00 per month

D. Charges for Special Refuse Collections. Pursuant to Section 8.16.050 of the Winnetka Village Code, the following rates are hereby established for special refuse collections:

SCHEDULE OF FEES FOR SPECIAL REFUSE COLLECTIONS

Service Charge Base Fee for special collections $35.00 Bulk pick-ups

[Note: Bulk pick-ups are for light refuse other than liquids and yard waste.]

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Service Charge Bulk pick-ups (continued)

Up to 1.0 cubic yards Base Fee Over 1.0 cubic yards Base Fee plus $13.00 for each

additional cubic yard or fraction thereof

White goods and other large items Base Fee plus $10.00 for each item

[Note: Includes appliances, sofas, etc.] Hard-to-handle refuse Base Fee plus $15.00 per cubic yard

[Note: Hard-to-handle refuse includes such miscellaneous rubbish as wood, fencing, carpeting, multiple pieces of furniture and cabinets, and construction materials such as wallboard, plaster and flooring, but shall not include liquids, soil, concrete and asphalt.]

Tires and/or tire rims Base Rate plus Charge per

Tire Charge per tire

Tire without rim Base Rate plus $10.00 Tire with rim Base Rate plus $15.00 Truck tire without rim Base Rate plus $20.00 Truck tire with rim Base Rate plus $25.00

Carts and roll-off boxes

[Note: Charge is based on container size. Contents shall not include concrete, soil, asphalt or liquids]

1.0 cubic yard $40.00 1.5 cubic yard $50.00 2.0 cubic yard $60.00 6.0 cubic yard $165.00

E. Yard Waste. Pursuant to Section 8.16.050 of the Winnetka Village Code, the following rates are hereby established for the removal of certain yard waste:


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SCHEDULE OF YARD WASTE REMOVAL FEES

Service Charge Removal of yard waste

Customer supplied bags (one sticker required per bag)

$2.25 per sticker

Removal of brush, trees, logs and limbs

Diameter of 4 inches or less First 10 minutes $30.00 Each additional minute $1.00

Diameter over 4 inches Charged as hard-to-handle item (See Section 4)

F. Charges for Miscellaneous Refuse Services. Pursuant to Section 8.16.050 of the Winnetka Village Code, the following rates are hereby established for miscellaneous refuse services and for the purchase of miscellaneous items for use in disposing of refuse:

SCHEDULE OF MISCELLANEOUS FEES

Service or Item Charge Small Recycling Carts $50.00 each Large Recycling Carts $67.00 each

SECTION 6: STORMWATER SEWER FEES. The fee for stormwater utility service provided in the Village of Winnetka pursuant to Chapter 13.16 of the Winnetka Village Code is hereby established at $21.83 per month per Equivalent Runoff Unit (ERU), as defined in Section 13.16.04 of the Winnetka Village Code.

SECTION 7: FEE FOR RETURNED PAYMENT. A fee of $30.00 shall be charged for any payment of fees charged pursuant to this Resolution that is returned to the Village for any reason, including, but not limited to, insufficient funds, account closed, or referred to maker.

SECTION 8: PAYMENT PERIOD; LATE FEES. All bills issued for Utility Services shall be paid in full within the payment period specified in the bill. The payment period shall be established by the Director of Finance, and shall be no less than 21 nor more than 30 days from the date of the issuance of the bill. Pursuant to Sections 13.04.040.B, 13.08.040.B, 13.12.010.B, and 13.16.090.B of the Winnetka Village Code, if any bill for utility service is not paid within the specified payment period, a late payment penalty of 5% of the amount due shall be added to the bill and collected from the user.

SECTION 9: EFFECT OF RESOLUTION. The rates established in this Resolution shall apply to all Utility Service usage that will be billed by the Village on bills with a billing date on or after January 1, 2018.

SECTION 10: REPEALER. Resolution R-74-2017 shall be repealed and shall no longer be in force and effect for all Utility Service usage that will be billed by the Village on bills with a billing date on or after January 1, 2019.

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SECTION 11: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law, but in no event prior to January 1, 2019.

ADOPTED this ___ day of _______, 2018, pursuant to the following roll call vote:

AYES:

NAYS:

ABSENT:

Signed:

Village President

Countersigned:

Village Clerk

Introduced: November 20, 2018 Adopted:

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Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Resolution No. R-69-2018: General Fees (Introduction)


11/20/2018

✔

✔

The Village Council held meetings on October 26 and November 8, 2018 to review the proposed fiscalyear 2019 budget.

The Village Council sets general and building permit fees annually by resolution during the budgetapproval process.

Other than minor adjustments to terminology to match current operational practices and generalclean-up in formatting of the Resolution, there were no changes in fees that impact existing servicesprovided to residents or incorporated businesses.

The Village Code requires that this Resolution be introduced at a meeting and adopted at a subsequentmeeting.

The Village will consider adoption of this Resolution at the December 4, 2018 Council Meeting.

1) Consider introduction of Resolution No. R-69-2018.

1) Resolution No. R-69-2018, a Resolution Amending General, Building, and Miscellaneous ServiceFees.

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November 20, 2018 R-69-2018


A RESOLUTION AMENDING GENERAL, BUILDING, AND

MISCELLANEOUS SERVICE FEES

WHEREAS, the Village of Winnetka (“Village”) is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970, pursuant to which it has the authority, except as limited by Section 6 of Article VII of such Constitution, to exercise any power and perform any function pertaining to the government and affairs of the Village, including, but not limited to, the powers (i) to regulate for the protection of the public health, safety, morals and welfare, (ii) to license, (iii) to tax, and (iv) to incur debt; and

WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the Village is permitted to set rates and charge fees for various permits, licenses and services; and

WHEREAS, the President and Village Council have determined that adoption of this Resolution will serve and be in the best interest of the Village of Winnetka;


SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein.

SECTION 2: GENERAL PERMIT, LICENSE AND REGISTRATION FEES. Fees are hereby established for certain permits, licenses and registrations, in the amounts and for the purposes set forth in the following Schedule of General Permit, License and Registration Fees, pursuant to the sections of the Winnetka Village Code (“Code”) referred to therein:

SCHEDULE OF GENERAL PERMIT, LICENSE AND REGISTRATION FEES

Note: Unless otherwise specifically provided in the following Schedule of General Permit, License and Registration Fees (“Schedule”), all annual permits, licenses and registrations provided for in this Schedule are due and payable on or before the beginning of the fiscal year (January 1) of each year, and remain in effect until the end of the fiscal year (December 31).

Type of Permit, License or Registration Amount of Fee Code Section Amusement Devices 5.12.010

Daily $15.00 Annual $25.00

Animals 6.08.010

Dog License (Annual) Unspayed Female $15.00 All Other Dogs $10.00

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November 20, 2018 - 2 - R-69-2018

Type of Permit, License or Registration Amount of Fee Code Section Animals (cont’d) 6.08.010

Replacement License $2.00 Taking up or Impounding Dog $55.00

Bicycle Registration No Fee 10.32.060 Charitable and Political Solicitation None 5.48.010 Circuses and Carnivals (Daily) $100.00 5.52.040 Film Production Application Fees

Basic Application Processing Fee $1,000.00 5.20.070 Additional Application Processing Fee (Per Hour)

$250.00 5.20.070

Food Dealers

Restaurant Permit: (Annual, based on seating capacity)

5.24.010

1-20 $35.00 21-50 $45.00 51-100 $50.00 More than 100 $75.00

Fast Food/Drive-In $75.00

Food Store Permit (Annual, per cash register) $25.00 5.24.010

Temporary Food Dealer (Daily) $15.00 5.24.010

Vending Machine Operator Permit (Annual,

per machine) $15.00 5.24.010

Foresters, Tree Surgeons 5.72.010

Annual License $15.00 Garbage and Refuse Scavenger 8.16.040

Annual License $500.00 Junk Dealers (Annual) 5.32.010

License, Base Fee $50.00 Vehicle Fee (per vehicle) $25.00

Laundries 5.36.010

Annual Fee $15.00 Liquor Licenses 5.09.100 Class A Restaurant (Annual) $750.00

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Type of Permit, License or Registration Amount of Fee Code Section Class A-1 Restaurant w/ Limited Bar (Annual) $1,000.00 Class A-2 Restaurant (Annual; Beer & Wine) $500.00 Class A-3 Restaurant w/ Limited Bar (Annual; Beer & Wine) $750.00

Class A-4 Specialty Restaurant (Annual; Wine) $500.00 Class A-5 Specialty Restaurant (Annual; Wine) $500.00 Class B - Grocery Store (Annual) $750.00 Class C - Special Event (Daily) $25.00

Maximum per event more than 2 days $75.00 Class D – Package delivery service/mail (Annual; Retail) $150.00

Class D-1 – Package delivery service/mail (Annual; Wholesale) $500.00

Class E - Limited Food Products Store (Annual; Wine) $500.00

Class E-1 - Limited Food Products Store (Annual; Wine) $500.00

Class E-2 – Specialty Beverage Store (Annual; Wine and Beer) $500.00

Class F Coffee Shop (Annual; Wine and Beer) $500.00 Class P - Park District (Annual) $500.00 Class X – Special Use (Daily) $25, Max $75 Class W Wine Station Ride (eligible for A; A-1; A-2; A-3) None

Parades and Processions None 10.08.060 Pawnbrokers 5.44.010

Annual Fee, per location $100.00 Public Garage and Service Station 5.60.010

Base fee, annual $50.00 For each fuel pump $5.00

Raffle, per event $25.00 9.04.040 Second Hand Dealers 5.64.010

Annual Fee, per location $25.00 Special Event 5.66.050

Application Fee $35.00 User Fee Actual Cost See Section 7

Taxicab Operator’s License $2.00 5.68.050 Vehicle (Motor) Licenses 10.12.030

Annual Fee $40.00

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November 20, 2018 - 4 - R-69-2018

Type of Permit, License or Registration Amount of Fee Code Section Semi-Annual Fee (if purchased after 6/30) $20.00 Transfer Fee $1.00

SECTION 3: PARKING PERMIT FEES. Pursuant to Chapter 10.24 of the Winnetka Village Code, titled, “Parking,” the following fees are hereby established for parking permits:

SCHEDULE OF PARKING PERMIT FEES

Semi-Annual Parking Permits (Commuter Parking Permits)

Note: Semi-annual parking permits are issued for the periods of January through June and July through December. Purchase and refund amounts are pro-rated based on the month in which the purchase or refund request is made. Only persons who reside in the Village of Winnetka, and who have a current Village vehicle sticker for a vehicle registered with the State to a Winnetka address, are eligible for the resident fee.

Purchase Cost Refund Amount Month of Purchase or Refund Resident Non-Resident Resident Non-Resident

January or July $100.00 $220.00 $83.33 183.33 February or August 83.33 183.33 66.67 146.67 March or September 66.67 146.67 50.00 110.00 April or October 50.00 110.00 33.33 73.33 May or November 33.33 73.33 16.67 36.67 June or December 16.67 36.67 – –

Annual Parking Permits (Not refundable) Business District Employee Parking Permit $10.00

Daily Parking Permits (Not refundable) Commuter Parking Lots $3.00 Business District Employee Parking $3.00

Remote Lot Parking Permits (Public Works Yards) Semi-annual charge per vehicle $120.00

Note: The Village Manager may issue permits to allow parking on a limited basis at the Village’s landfill site, 1390 Willow Road, by businesses located in the Village of Winnetka, including but not limited to the United States Postal Service, for parking of their fleet vehicles, and by businesses located in the Village of Winnetka that are engaged in the retail sale of automobiles, for parking of their sales inventory. The Village Manager shall determine the number and location of such spaces that may be made available on the site may vary from time to time. Such space shall be limited to areas of the site that the Village Manager determines will not interfere with the Village’s use of the site. Requests for such parking shall be made directly to the Village Manager. Remote parking spaces shall not be available for the general public.

Agenda Packet P. 38

November 20, 2018 - 5 - R-69-2018

SECTION 4: FEES FOR VEHICLE IMPOUNDMENT AND TOWING. Fees and charges are hereby established for the impoundment, towing and storage of vehicles upon the issuance of a final notice for unpaid parking tickets, as set forth in the following Impoundment and Towing Fee Schedule, pursuant to the sections of the Winnetka Village Code (“Code”) referred to therein:

IMPOUNDMENT AND TOWING FEES

Type of Fee Fee Amount Conditions for Payment or Refund

Impoundment $200.00 Payment is required prior to release of vehicle. Payment will be refunded if the hearing officer determines that the impoundment was not conducted in accordance with the procedural requirements of Village Code Section 10.24.130.

Towing and/or Storage - Private Contractor

Actual cost as billed by the towing or impounding facility

Payment is required prior to release of towed, removed, relocated and/or stored vehicle. Payment will be refunded if the hearing officer determines that the towing, removal, relocation and/or storage was not conducted in accordance with the procedural requirements of Village Code Section 10.24.130.

Storage on Village Property

$10.00 per day, per vehicle

Payment is required prior to release of stored vehicle. Payment will be refunded if the hearing officer determines that the storage was not conducted in accordance with the procedural requirements of Village Code Section 10.24.130.

Collateral 100% of the amount of all outstanding fines due, as stated in the final notice.

Payment is required prior to release of impounded, towed, removed, relocated and/or stored vehicle. Payment is also required before a request for a judicial proceeding made pursuant to a “final notice” is processed. Payment will be refunded if, as the result of the dismissal of outstanding or unsettled traffic violation notices, judgments and/or warrants by a court of competent jurisdiction, the impounded or removed vehicle is subject to fewer than five unsatisfied fines for violation of any parking ordinance of the Village.

SECTION 5: MISCELLANEOUS SERVICE FEES. Fees are hereby established for the following certain miscellaneous services and purchase items in the amounts and for the purposes set forth in the following Schedule of General Permit, License and Registration Fees, pursuant to the sections of the Winnetka Village Code (“Code”) referred to therein:

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November 20, 2018 - 6 - R-69-2018

SCHEDULE OF GENERAL PERMIT, LICENSE AND REGISTRATION FEES

Miscellaneous Service Fees Amount of Fee Code Section Ambulance Services - Residents 2.52.040

Advanced Life Support $675.00 Basic Life Support $525.00 Mileage Charge (per loaded patient mile) $12.00

Ambulance Services – Non-Residents

Advanced Life Support $850.00 Basic Life Support $650.00 Mileage Charge (per loaded patient mile) $12.00

Audit (Print copy) $35.00 Annual Budget (Print copy) $35.00 Certified copies (per certification) $1.00 Comprehensive Plan

With Maps $35.00 Without Maps $8.50

Copying, Scanning and Printing Charges

In-house copying Black & White, 8½” x 11” (per side) $0.15 Black & White, 8½” x 14” (per side) $0.15 Black & White, 11” x 17” (per side) $0.50 Color, 8½” x 11” (per side) $0.50 Color, 8½” x 14” (per side) $1.00 Color, 11” x 17” (per side) $1.00

Out-sourced copying Actual Cost Oversize documents (plats, etc.) Actual Cost CD-ROM (per disk) $5.00 DVD recordings of meetings (per DVD) $20.00

Fire Alarm Monitoring Services

(direct connections to Village’s fire alarm monitoring system only)

$61.00 per month

Kenilworth Fire Service R-9-2017

Annual amount per IGA (2019) $518,116.41

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Miscellaneous Service Fees Amount of Fee Code Section Other, Unspecified Services Actual Cost Street Cleaning $550.00 Unincorporated Fire Service 13.040.120

Annual amount per Contract address $1,143.96 Winnetka Village Code $200.00 Winnetka Zoning Ordinance $10.00

SECTION 7: FEES FOR SPECIAL SERVICES, FILM PRODUCTION AND SPECIAL EVENTS. Services provided or performed in conjunction with film production permits issued pursuant to Chapter 5.20 of the Winnetka Village Code and in conjunction with special event permits issued pursuant to Chapter 5.66 of the Winnetka Village Code shall be subject to the following fee schedule:

SCHEDULE OF SPECIAL SERVICE FEES

Note: The following hourly rates shall be assessed for: (i) all services provided in conjunction with film production and film production permits issued pursuant to Chapter 5.20 of the Village Code; (ii) all services provided in conjunction with film special events and events subject to special events permits issued pursuant to Chapter 5.66 of the Village Code; and (iii) all other non-standard services provided by Village personnel and all other uses of Village equipment not subject to specific fees set out in either this resolution.

Department Hourly Rate Village Administration & Finance Departments

Village Manager $350 Assistant Village Manager $290 Village Attorney $350 Department Head $290 Supervisory Personnel $190 Clerical/Support Staff $190

Police Department Command Staff (Deputy Chief, Commanders) $240 Sergeants $190 Patrol Officers $160 Support Staff $140 Vehicles $50

Fire Department Command Staff (Deputy Chief, Captains) $240 Lieutenants $190 Fire Medics $160

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Department Hourly Rate Support Staff $140 Light Vehicles $60 Ambulance $110 Fire Truck / Engine $460

Public Works Supervisory $190 Engineers $190 Maintenance Workers $140 Light Trucks $60 Medium Trucks $90 Heavy Trucks, Refuse Trucks, Street Sweepers

$130

Community Development

Assistant Director $240 Planners, Architect $190 Inspectors $160 Clerical / Support Staff $140 Vehicles $50

Water & Electric Assistant Director $240 Supervisory $190 Plant Operators $160 Linemen $160 Clerical / Support Staff $130 Light Trucks $60 Medium Trucks $90 Heavy Trucks, Boom Trucks $130

SECTION 8: BUILDING PERMIT, LICENSE AND REGISTRATION FEES. Pursuant to the sections of the Winnetka Village Code (“Code”) referred to in the following Schedule Building, Zoning and Construction Activity Fees (“Fee Schedule”), there are hereby established certain permit, license and registration fees, in the amounts and for the purposes set forth in said Fee Schedule:


Agenda Packet P. 42

November 20, 2018 - 9 - R-69-2018

SCHEDULE OF BUILDING, ZONING AND CONSTRUCTION ACTIVITY FEES

WORK PERFORMED WITHOUT PERMITS (SECTION 15.32.010)

All permit fees for work performed without a required permit shall be double the amount of the fees for the required permits.

PERMIT DEPOSITS (SECTIONS 15.32.020, 15.54.120)

[Note: Deposits must be submitted with permit applications. The Village’s costs, including plan review and re-inspections, will be deducted from deposits. Deposit balances will be retained by the Village until a final certification of occupancy is approved.]

For Building Demolition Permits with site restoration plans $3,000

For Construction and Demolition Debris Recycling $2,000

For Temporary Certificate of Occupancy $3,000

For Tree Replacement (for each inch of DBH) $250

PLAN REVIEW FEES (SEC. 15.32.020) For all Building Permits, other than restrictive building permits:

• 15% of building permit fee, $70 minimum.

For review of Construction Document Revisions

• $15 for each review where original building permit was subject to minimum fee, building permit is not required, or revision is for a restrictive building permit.

• $100 for all reviews of any revision to building permit construction documents that do not require zoning, engineering, and/or forestry reviews.

• $130 for all reviews of any revision to building permit construction documents that require zoning, engineering, and/or forestry reviews for minor revisions (as determined by the Director of Community Development).

• 25% of original plan review fee for all reviews of any major revision to building permit construction documents (as determined by the Director of Community Development).

For engineering review required for building in the flood plain:

• Flood plain development review $500.00 • LOMR review $500.00

For plan reviews required for fire and life safety systems (Sec. 15.16.070)

• Fire Department review $130.00 • Technical review services Actual cost

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November 20, 2018 - 10 - R-69-2018


CONTRACTOR PERMIT BOND (Sec. 15.32.060) [Note: Bond to be payable to the Village of Winnetka; required of all contractors. Pursuant to the Contractor Unified License and Permit Bond Act of 1998, contractor may provide a certified copy of his/its current unified contractor bond in amount of no less than $50,000, as on file with Cook County Clerk.]

$20,000

BUILDING PERMIT FEES (Sec. 15.32.020)

Renovations, including remodeling, to existing structures and for other construction activity not specified by Resolution of the Council

• $30.00 per $1,000.00 or fraction thereof of the estimated total project cost, $70.00 minimum.

Construction of new primary structures and additions thereto, including basement and attic areas, whether finished or unfinished, crawl space, attached garages and detached accessory structures, all without deducting for zoning allowances, bonuses or other exceptions

• $1.30 per horizontal square foot, but not less than $70.00 Below Grade Parking Facilities

• $0.80 per Gross Floor Area square foot. RESTRICTIVE PERMITS

Canopy/Awning (Sec. 15.44.030)

[Note: Certificate of Appropriateness of Design may be required.] $70 each

Construction Trailers (Sec. 15.32.020) $220 each Demolition (Sec. 15.52.020)

• For each accessory structure $45 • For demolition with building permit application and complete

construction documents. $16,070

• For demolition with site restoration plan and schedule. $16,070

(Note: The $16,070 includes $600 reimbursement of payment made by Village of Winnetka to Winnetka Historical Society for research related to demolition of a primary structure)

Fences (Sec. 15.44.060) $65 each Roofing (Sec. 15.32.020 and 15.44.100) $65 each Signs (Sec. 15.60.140)

[Note: Signs may require Certificate of Appropriateness of Design.]

• For each non-illuminated signs $60 • For each illuminated sign (includes electrical permit fee) $195

Swimming Pools (Sec. 15.56.020)

[Note: Includes electrical, plumbing and fence permits] $515

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November 20, 2018 - 11 - R-69-2018


Tree Enhancement/Tree Protection Plan Review (Sec. 15.28.070) • For each review per lot in development site $90

Landscape/Tree Replacement Plan Review (Sec. 15.28.050 and 15.28.060)

• For each review per lot in development site $90

Tree Removal Permit Fee (Sec. 15.28.040) • For each tree $60

ELECTRICAL PERMITS (Sec. 15.32.020 and 15.44.050)

• Base Fee for All Permits $70 • Electrical Fixtures-outlets, receptacles and switches $1.10 • Motors over 0.5 hp, per motor $25 • New Service or Modifications to Existing Service Entrance Equipment

[Note: Permit fees are waived if modifications result from Water & Electric Department’s scheduled undergrounding program.]

• Less than 200 amps, per new service or modification $50 • 200 amps or more, per new service or modification $60

• Temporary Service, per service • Overhead $340 • Underground $680

PLUMBING AND MECHANICAL (HVAC) PERMITS (Sec. 15.32.020 and 15.44.050) Plumbing

• Base Fee for All Plumbing Permits (includes 5 fixtures) $70 • Plumbing Fixtures (beginning with the sixth fixture), per fixture $10 • Process Piping for Heating System, per unit $100

HVAC

[Note: Exterior installations require zoning approval.]

• Base Fee for all HVAC Permits $70 • For replacement of duct work only, per unit $45 • For totally new system, per unit $90 • For each roof-top unit, new or replacement $100 • For each new or replacement AC unit, if total capacity on the

property is 8 tons or more. $100

• For minor heating/cooling/ventilation system items, per unit. $25 Irrigation

• Base Fee $80 • Per Sprinkler Head $0.90

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November 20, 2018 - 12 - R-69-2018


MISCELLANEOUS FEES Construction & Demolition Debris (Sec. 15.54.080) $250 Development Agreement ─ Base Fee (Sec. 15.32.080(K))

[Note: Base Fee includes standard staff review time and 3 hours of Village Attorney time.]

Development Agreement ─ Supplemental Fee (Sec.15.32.080(K))

All Village costs in excess of those included in the Base Fee shall be based upon the actual time spent by the Village, plus costs incurred, and shall be incorporated into the Development Agreement.

$1,500

Variable, based on Staff

time

Fire Prevention Permit (Sec. 15.16.040) $130 Partial Permits (Sec. 15.32.110) $150 Permit Renewal (Sec. 15.32.200) 50% of total

original building

permit fee Stop Work Order (Sec. 15.04.100)

• 1st Stop Work Order $250 • 2nd Stop Work Order $500 • 3rd Stop work Order $750

Temporary Certificate of Occupancy (Sec. 15.36.010) $275

Village Attorney Services (Sec. 5.66.040)

For non-standard services related to post-approval implementation or amendment of development agreements, subdivisions and planned developments

$350 per hour, ½ hour

increments

PETITION FILING FEES

Administrative Appeals • Building Code Appeals (Sec. 15.72.010) $350 • Zoning Appeals (Sec. 17.72.010) $450

Certificate of Appropriateness of Design (Sec. 15.40.010)

• For each new primary structure or addition thereto $450 • For each existing structure $125 • For each application for signs, canopies, or awnings $55

Consolidation of Land into single parcel (Sec. 16.08.010) $550 Driveway Variation (Sec. 12.12.010 and 15.44.040) $265 Flood Plain Variation (Sec. 15.68.100) $715 Sign Variation (Sec. 15.60.250) $220

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November 20, 2018 - 13 - R-69-2018


Special Use Permit (Sec. 17.56.010) $935

Subdivision of Land – Base Fee (Sec. 16.04.040)

[Note: Base Fee includes standard staff review time and 3 hours of Village Attorney time.]

Subdivision of Land ─ Supplemental Fee (Sec. 15.32.080(K) All Village costs in excess of those included in the Base Fee shall be based upon the actual time spent by the Village, plus costs incurred. For projects requiring a Development Agreement, the supplemental fee shall be incorporated into the Development Agreement.

$935

Variable, based on Staff

time

Zoning Map Amendment (Sec. 17.72.040) $800 Zoning Planned Development (Chapter 17.58) $935 Zoning Special Use (Chapter 17.56) $935 Zoning Text Amendment (Sec. 17.72.040) $800 Zoning Variation by Zoning Administrator (Minor Variation) (Sec. 17.60.015) $250 Zoning Variation by Zoning Board of Appeals (Standard Variation) (Sec. 17.60.020)

$400

Zoning Variation by Ordinance (Major Variation)(Sec. 17.60.030) $800

STREETS, SIDEWALKS, DRIVEWAYS AND OTHER IMPERMEABLE SURFACES (Sec. 12.04.110)

Driveway curb cut, new or enlarged (Sec. 12.12.010)

[Note: Includes right-of-way excavation fee.] $200

Right-of-way Excavation and/or Occupation, per excavation/occupation (Sec. 12.16.010 and 12.20.010)

$125

Sewer, per sewer line type (Sec. 15.24.090) $150 Impermeable Surfaces (including driveways, sidewalks, patios, etc.) (Sec. 12.08.010)

$75

Street Replacement (Sec. 12.04.20)

• Noncompliance fee $5,000


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SECTION 9: DETERMINATION OF CONSTRUCTION COSTS. In setting any fee based on the cost of construction, the Director of Community Development may use any of the following methods:

A. An estimate furnished by the permit applicant;

B. A certification of the cost of construction from a licensed architect or a registered structural or professional engineer;

C. An affidavit from the owner or the owner’s agent setting forth the estimated cost of the proposed work; or

D. A calculation to be made by the Director of Community Development, based on the most current edition of the RS Means Square Foot Costs Book.

SECTION 10: FEE FOR RETURNED PAYMENTS. A fee of $30.00 shall be charged for any payment of fees charged pursuant to this Resolution that is returned to the Village for any reason (excluding building permits), including, but not limited to, insufficient funds, account closed, or referred to maker.

SECTION 11: FEE FOR RETURNED BUILDING PERMIT PAYMENTS. A fee in the amount of $150.00 or 5% of the building permit fee, whichever is greater, shall be charged for any payment that is returned to the Village for any reason, including, but not limited to, insufficient funds, account closed, or referred to maker.

SECTION 12: REPEALER. Resolution R-75-2017 shall be, and is hereby, repealed and shall no longer be in force and effect from and after the passage of this Resolution and approval according to law.

SECTION 13: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law, but in no event prior to January 1, 2019.

ADOPTED this ___ day of _______, 2018, pursuant to the following roll call vote: AYES: NAYS: ABSENT:

Signed:

Village President

Countersigned:

Village Clerk Introduced: November 20, 2018 Adopted:

Agenda Packet P. 48


Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Property Tax Levy and Abatement Ordinances


11/20/2018 ✔

✔

The Council has reviewed the proposed 2019 calendar year budget and the funding provided by propertytaxes to balance the budget. The proposed 2018 property tax levy will generate $14,838,985 for Villageoperations, an increase of $132,360 or 0.9% from the prior year. Because new development is estimatedat 0.9%, most residents will see no increase in the property taxes they pay to the Village.

The 2018 property tax levy sets the amount of revenue to be raised from property taxes to fundVillage operations. In Illinois, property taxes are paid a year in arrears. This means that the amountof money requested for the 2018 property tax levy will be received by the Village in calender 2019.

In addition to the tax levy ordinance for general operations, the Village has one active special servicearea with a separate tax levy paid only by persons in the special service area.

The Village issued General Obligation bonds in the amount of $9.0 million in 2013 and $7.5 millionin 2014 to fund stormwater improvements. It is the current intention of the Village to abate theproperty tax levy each year for these bonds and to pay the principal and interest from stormwaterutility fees collected by the Village. There are adequate funds on hand to allow for the abatement ofthe property tax levy for 2018 related to these General Obligation bond issues.

1) Consider introduction of the general property tax levy (Ordinance No. M-17-2018), one specialservice area tax levy (Ordinance No. M-18-2018), and two tax abatement ordinances (Ordinance Nos.M-19-2018 and M-20-2018).

1) Property Tax Levy Calculations Spreadsheet2) Schedule of Special Service Area Financing3) Ordinance M-17-2018 2018 Tax Levy Ordinance4) Ordinance M-18-2018 SSA No. 3 Tax Levy Ordinance5) Ordinance M-19-2018 Tax Abatement Ordinance (GO Series 2013 - $9,000,000 bond issue)6) Ordinance M-20-2018 Tax Abatement Ordinance (GO Series 2014 - $7,500,000 bond issue)

Agenda Packet P. 49

Village of WinnetkaSchedule of Property Tax Levy Calculations

Column A Column B Column C C/A*1002017 2018 (Column B - A)

Actual Proposed Dollar PercentTax Levy Category Tax Levy Tax Levy Change Change

General Fund:Corporate $10,341,506 $10,399,944 $58,438 0.6%

Other Funds:Police Pension $1,488,956 $1,519,805 $30,849 2.1%Fire Pension $1,776,163 $1,819,236 $43,073 2.4%Refuse Utility $1,100,000 $0 ($1,100,000) -100.0%Business District Revitalization $0 $1,100,000 $1,100,000 100.0%

Total Village-wide Tax Levy $14,706,625 $14,838,985 $132,360 0.9%

Less: Projected New Development @ 0.9% ($132,360) ($132,360) -0.9%

Existing Tax Payer Increase $14,706,625 $14,706,625 $0 0.0%

Increase (Decrease) Based on Total Property Tax Bill

Total Property Taxes Paid Other Taxing Distr. Village 0.0%100.00% 87.33% 12.67% Change / Village

$10,000 $8,733 $1,267 $0

$15,000 $13,099 $1,901 $0

$20,000 $17,466 $2,534 $0

$25,000 $21,832 $3,168 $0

$30,000 $26,199 $3,801 $0

$35,000 $30,565 $4,435 $0

$40,000 $34,932 $5,068 $0

$50,000 $43,665 $6,335 $0

$60,000 $52,398 $7,602 $0

Refuse to BDR

Agenda Packet P. 50

Village of WinnetkaSchedule of Special Service Area FinancingInterest Rate 4.00%

SSA #3Trapp Lane

est costSSA Principal Amount for Homeowners 255,000.00$

Limit in Ordinances Approving SSA 315,947.50$

Term of Repayments in Years 10

Debt Retirement Schedule

2011 Tax Levy Beginning Principal 255,000.00$

Interest @ 4% 10,200.00$ Principal repaid 25,500.00$ Interest and Principal for YR 35,700.00$

Ending Principal 229,500.00$






















Agenda Packet P. 51

November 20, 2018 M-17-2018

ORDINANCE NO. M-17-2018

AN ORDINANCE LEVYING TAXES FOR THE YEAR 2018

WHEREAS, the Village of Winnetka (“Village”) is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and, pursuant thereto, has the authority, except as limited by said Section 6 of Article VII, to exercise any power and perform any function pertaining to the government and affairs of the Village, including the power to tax; and

WHEREAS, on December 5, 2017, the Council of the Village of Winnetka (“Village Council”) adopted Resolution No. R-73-2017, which budgeted $31,795,243 to meet the expenses and liabilities of the Village for general corporate purposes, business district revitalization, and retirement fund contributions for the fiscal year beginning January 1, 2018, and ending December 31, 2018; and

WHEREAS, pursuant to page 484 of the budget approved on December 5, 2017, the Village Council has made its preliminary estimate of the 2018 levy, estimating that it is necessary to raise Fourteen Million Eight Hundred Fifty-Three Thousand Six Hundred Ninety One Dollars ($14,853,691) by taxation of taxable property within the Village for general corporate purposes, for refuse collection, and for retirement fund contributions for the fiscal year beginning January 1, 2018, and ending December 31, 2018; and

WHEREAS, at its October 26, 2018 meeting, the Village Council, upon evaluation of the proposed fiscal year 2019 annual budget, directed the staff to present a 2018 property tax levy for consideration at the December 4, 2018, Village Council meeting, said property tax levy to be in the amount of Fourteen Million Eight Hundred Thirty Eight Thousand Nine Hundred Eighty-Five Dollars ($14,838,985), Fourteen Thousand Seven Hundred Six Dollars ($14,706) less than was estimated to be necessary to be raised by taxation of taxable property within the Village for general corporate purposes, business district revitalization, and for retirement fund contributions for the fiscal year beginning January 1, 2018, and ending December 31, 2018; and

NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Winnetka, as follows:

SECTION 1: That the foregoing recitals are hereby adopted as the findings of the Council of the Village of Winnetka, as fully set forth herein.

SECTION 2: That in order to meet the expenses and liabilities of the Village of Winnetka for the fiscal year beginning January 1, 2018, and ending December 31, 2018, for general corporate purposes, for business district revitalization, and for retirement fund contributions, there is hereby levied upon all of the taxable property within the corporate limits of the Village of Winnetka subject to taxation for the current year, as assessed and equalized for the year 2018, the sum of Fourteen Million Eight Hundred Thirty Eight Thousand Nine Hundred Eighty-Five Dollars ($14,838,985), which is to be collected from the levy of the Village of Winnetka for the year 2018 for all purposes heretofore budgeted.

Agenda Packet P. 52

November 20, 2018 - 2 - M-17-2018

SECTION 3: That there is hereby certified to the County Clerk of Cook County, Illinois, the several sums above, constituting said total amount, and the total amount of Fourteen Million Eight Hundred Thirty Eight Thousand Nine Hundred Eighty-Five Dollars ($14,838,985), which is the total amount the Village of Winnetka requires to be raised by taxation for the current fiscal year of the Village, and that, on or before the time required by law, the Village Clerk shall file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois, whereupon it shall be the duty of said County Clerk to levy taxes for the year 2018 on all properties subject to taxation within the Village of Winnetka, in accordance with the provisions of this Ordinance.

SECTION 4: This Ordinance is adopted by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.

SECTION 5: This Ordinance shall take effect immediately upon its passage, approval and posting as provided by law.

PASSED this ___ day of _______, 2018, pursuant to the following roll call vote:

General Fund

For General Corporate PurposesPublic Affairs $ 202,344 $ 88,453.00 Manager’s Office $ 1,439,406 $ 629,226.00 Finance Department $ 1,628,362 $ 711,827.00 Police $ 7,468,906 $ 3,264,980.00 Fire $ 6,128,185 $ 2,678,893.00 Community Development $ 1,705,060 - Public Works $ 4,287,008 $ 1,874,035.00 Capital Expenses $ 2,636,500 $ 1,152,530.00 General Fund Transfers $ 600,000 -

Totals for General Fund $ 26,095,771 $ 10,399,944

For Business District Revitalization $ 955,380 $ 1,100,000 Totals for Business District Revitalization Fund $ 955,380 $ 1,100,000

For Retirement Fund ContributionsFor Police Pension Fund $ 2,306,336 $ 1,519,805 For Fire Pension Fund $ 2,437,756 $ 1,819,236 Totals for Retirement Fund Contributions $ 4,744,092 $ 3,339,041

Total Amount Budgeted $ 31,795,243

Total Amount of Levy $ 14,838,985

2018 TAX LEVY SUMMARY

Amount Budgeted Amount To Be Raised By Tax Levy

Agenda Packet P. 53

November 20, 2018 - 3 - M-17-2018

AYES:

NAYS:

ABSENT:

APPROVED this ___ day of _______, 2018.

Signed:

Village President Countersigned:

Village Clerk

[Seal] Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this ___ day of _______, 2018.

Introduced: November 20, 2018 Passed and Approved:

Agenda Packet P. 54

November 20, 2018 M-18-2018


AN ORDINANCE

LEVYING TAXES FOR THE YEAR 2018 FOR VILLAGE OF WINNETKA, COOK COUNTY, ILLINOIS

SPECIAL SERVICE AREA NO. 3


WHEREAS, Village of Winnetka Special Service Area No. 3 has been established pursuant to Ordinance M-6-2010, adopted by the Council of the Village of Winnetka (“Village Council”) on April 20, 2010, and Ordinance M-13-2010, adopted by the Village Council on July 20, 2010, to provide for certain special services within the territory described in said ordinances, such special services consisting of the construction of a storm sewer, the reconstruction and repaving of Trapp Lane, the construction of a cul-de-sac at the terminus of Trapp Lane and the construction of related appurtenances (“Special Services”), all in conjunction with the dedication of Trapp Lane as a public right of way; and

WHEREAS, the Village Council have determined that, in the interest of the health, safety and welfare of the Village and its residents, it is appropriate to adopt an ordinance levying taxes within Special Service Area No. 3; and

WHEREAS, the construction of the improvements in Special Service Area No. 3 were in excess of Two Hundred Fifty-Five Thousand Dollars ($255,000.00); and

WHEREAS, the total term of repayment of the project costs for Special Service Area No. 3 is 10 years and the 2018 Tax Levy is for Year Eight of Ten; and

WHEREAS, the Village Council have determined that the total amount to be raised by the levy of taxes on taxable property within Special Service Area No. 3 for the cost of providing such Special Services for the fiscal year beginning January 1, 2018, and ending December 31, 2018 is Twenty-Eight Thousand Five Hundred Sixty Dollars ($28,560).


SECTION 1: That the foregoing recitals are hereby adopted as the findings of the Council of the Village of Winnetka, as fully set forth herein.

SECTION 2: That in order to meet the cost of providing the above-described Special Services within Special Service Area No. 3 for the fiscal year beginning January 1, 2018, and ending December 31, 2018, there is hereby levied upon all of the taxable property within Village of Winnetka Special Service Area No. 3 subject to taxation for the current year, as assessed and equalized for the year 2018, the sum of Twenty-Eight Thousand Five Hundred Sixty Dollars ($28,560), which is to be collected from the levy of the Village of Winnetka for the year 2018 for the purposes heretofore budgeted.

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November 20, 2018 - 2 - M-18-2018

SECTION 3: That there is hereby certified to the County Clerk of Cook County, Illinois, the several sums above, constituting said total amount, and the total amount of Twenty-Eight Thousand Five Hundred Sixty Dollars ($28,560), which is the total amount the Village of Winnetka requires to be raised by taxation to meet the costs of Special Service Area No. 3 for the current fiscal year of the Village, and that, on or before the time required by law, the Village Clerk shall file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois, whereupon it shall be the duty of said County Clerk to levy taxes for the year 2018 on all properties subject to taxation within Village of Winnetka Special Service Area No. 3, in accordance with the provisions of this Ordinance.

SECTION 4: Each provision of this Ordinance is severable. If any provision of this Ordinance or the application of any provision of this Ordinance to any person or circumstance is held invalid, then the remainder of this Ordinance and the application of the provisions of this Ordinance to other persons or circumstances shall not be affected thereby and shall remain valid, enforceable and otherwise in full force and effect.

SECTION 5: This Ordinance is adopted by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.

SECTION 6: This Ordinance shall take effect immediately upon its passage, approval and posting as provided by law.


AYES:

NAYS:

ABSENT:


Signed:


Village Clerk



Agenda Packet P. 56

November 20, 2018 M-19-2018


AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED

FOR THE YEAR 2018 TO PAY THE PRINCIPAL OF AND INTEREST ON

$9,000,000 GENERAL OBLIGATION BONDS, SERIES 2013, OF THE VILLAGE OF WINNETKA, COOK COUNTY, ILLINOIS


WHEREAS, the Council of the Village of Winnetka, Cook County, Illinois (the “Village Council”), by Ordinance Number M-15-2013, adopted on the 5th day of November, 2013 (the “Ordinance”), did provide for the issue of $9,000,000 General Obligation Bonds, Series 2013 (the “Bonds”), for the financing of certain improvements to the stormwater system of the Village and for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and

WHEREAS, the Village has deposited sufficient funds in the appropriate fund pursuant to the Ordinance, for the purpose of paying the principal of and interest on the Bonds up to and including December 15, 2018; and

WHEREAS, it is necessary and in the best interests of the Village that the tax heretofore levied for the year 2018 to pay the principal of and interest on the Bonds be abated.


SECTION 1: Abatement of Tax. The tax heretofore levied for the year 2018 of Nine Hundred Sixty-Two Thousand Three-Hundred Fifty Dollars ($962,350.00) in Ordinance Number M-15-2013 to pay the principal of and interest on $9,000,000 General Obligation Bonds, Series 2013, of the Village of Winnetka, Cook County, Illinois, is hereby abated in its entirety.

SECTION 2: Filing of Ordinance. Forthwith upon the adoption of this Ordinance, the Village Clerk shall file a certified copy hereof with the County Clerk of the County of Cook, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2018 in accordance with the provisions hereof.

SECTION 3: Home Rule. This Ordinance is adopted by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.


Agenda Packet P. 57

November 20, 2018 - 2 - M-19-2018

SECTION 4: Effective Date. That this Ordinance shall be in full force and effect from and its passage, approval, and posting as provided by law.


AYES:

NAYS:

ABSENT:


Signed:


Village Clerk



Agenda Packet P. 58

November 20, 2018 M-20-2018


AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED

FOR THE YEAR 2018 TO PAY THE PRINCIPAL OF AND INTEREST ON

$7,500,000 GENERAL OBLIGATION BONDS, SERIES 2014, OF THE VILLAGE OF WINNETKA, COOK COUNTY, ILLINOIS


WHEREAS, the Council of the Village of Winnetka, Cook County, Illinois (the “Village Council”), by Ordinance Number M-16-2013, adopted on the 3rd day of December, 2013 (the “Ordinance”), did provide for the issue of $7,500,000 General Obligation Bonds, Series 2014 (the “Bonds”), for the financing of certain improvements to the stormwater system of the Village and for the levy and collection of a direct annual tax sufficient to pay the principal of and interest on the Bonds; and

WHEREAS, the Village has deposited sufficient funds in the appropriate fund pursuant to the Ordinance, for the purpose of paying the principal of and interest on the Bonds up to and including December 15, 2018; and

WHEREAS, it is necessary and in the best interests of the Village that the tax heretofore levied for the year 2018 to pay the principal of and interest on the Bonds be abated.


SECTION 1: Abatement of Tax. The tax heretofore levied for the year 2018 of Three Hundred Forty-Five Thousand One-Hundred Dollars ($345,100.00) in Ordinance Number M-16-2013 to pay the interest on $7,500,000 General Obligation Bonds, Series 2014, of the Village of Winnetka, Cook County, Illinois, is hereby abated in its entirety.

SECTION 2: Filing of Ordinance. Forthwith upon the adoption of this Ordinance, the Village Clerk shall file a certified copy hereof with the County Clerk of the County of Cook, Illinois, and it shall be the duty of said County Clerk to abate said tax levied for the year 2018 in accordance with the provisions hereof.

SECTION 3: Home Rule. This Ordinance is adopted by the Council of the Village of Winnetka in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970.


Agenda Packet P. 59

- 2 - M-20-2018

SECTION 4: Effective Date. This Ordinance shall be in full force and effect from and its passage, approval, and posting as provided by law.


AYES:

NAYS:

ABSENT:


Signed:


Village Clerk



Agenda Packet P. 60


Title:

Presenter:



Item History:

Executive Summary:

Ordinance No. MC-8-2018: Amending Village Code Governing Installation of Art on Village Property (Introduction)

Benjamin Schuster, Village Attorney

11/20/18

✔

✔

During the summer of 2017, Hoffmann Commercial Real Estate (HCRE) installed approximately five art structures in the Elm Street Business district without prior Village approval. After a series of meetings, many of the art structures were relocated to private property. At the end of the year, they were removed for the winter season; however, in the spring of 2018 they were returned to their previous locations. The Council has discussed the issue of regulating public art at four meetings: July 24, 2018, August 7, 2018, August 21, 2018, and November 13, 2018.

At the July 24 Study Session the Council requested the statue at Elm and Lincoln be removed by the end of August. The statue was not removed, and at the August 21 Council meeting, the Village Council directed the Village Attorney to prepare an ordinance for their review. The Village Council discussed a draft ordinance during the November 13, 2018 Study Session, and requested revisions, which have been incorporated into the attached version. It was also the consensus of the Council to advance the ordinance for final consideration and adoption. The proposed ordinance restricts the installation of art structures on any portion of Village property without first obtaining a permit from the Village Council. The ordinance provides that an art installation permit application be submitted to the Director of Community Development and include the following information: 1) proposed location and applicant's ownership interest in the property immediately adjacent to the installation; 2) a photograph of the structure to be installed; 3) description of materials, weight, dimensions; 4) description of how the art would be mounted or anchored; 5) description of the proposed length of time the structure is to be displayed; 6) relevant ownership information; 7) contact information of any contractors doing the installation; 8) certificate of general liability insurance at levels required by the Village; 9) other information needed by the Director to meet requirements. An applicant may only apply for a permit to install art on public property that is adjacent to the applicant's property.

Agenda Packet P. 61

Executive Summary (continued):

Recommendation:

Attachments:

The ordinance defines restrictions, limitations, and potential enforcement authority. The installation shall: be in compliance with the permit issued; not create a safety hazard; not be illuminated in a manner that creates a nuisance; allow for safe and efficient movement by the public; not interfere with Village operations or maintenance; not block or interfere with ingress or egress of private property; not damage the structural integrity of Village property; and not remain on Village properties on which the Village performs snow removal between November 30 and March 30 of each year. In addition, the applicant must execute and complete a hold harmless agreement approved by the Village Attorney which requires the applicant to keep the art installation in a good and safe condition. The ordinance also grants the Village authority to remove a structure that is installed without a permit; requires removal of the art piece by the owner with notice by the Village; allows immediate removal by the Village in the event of an emergency; and provides that the Village is not responsible for any damage to the art structures due to impoundment, Village maintenance, or other activities.

Consider introduction of Ordinance No. MC-08-2018

Ordinance No. MC-08-2018

Agenda Packet P. 62

_______________, 2018 MC-8-2018

ORDINANCE NO. MC-8-2018

AN ORDINANCE AMENDING TITLE 12 OF THE WINNETKA VILLAGE CODE TO ADOPT REGULATIONS

GOVERNING INSTALLATION OF ART ON PUBLIC PROPERTY

WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and has the authority to exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, Title 12 of the Winnetka Village Code, as amended (“Village Code”), regulates streets, sidewalks, and public places in the Village; and

WHEREAS, the Village permits the installation of various structures (such as awnings,

canopies, and outdoor restaurant seating areas) on or over Village rights-of-way and sidewalks pursuant to regulations set forth in the Village Code; and WHEREAS, individuals have erected art displays on Village rights-of-way and sidewalks without obtaining prior permission from the Village; and

WHEREAS, the Village Council desires to amend Title 12 of the Village Code to set forth regulations specifically governing the installation of art by private citizens on Village Property, including rights-of-way and sidewalks, as set forth in this Ordinance (“Public Place Art Regulations”);

WHEREAS, the Village Council has determined that it will serve and be in the best

interest of the Village and its residents to amend adopt Public Place Art Regulations pursuant to this Ordinance;

NOW, THEREFORE, the Council of the Village of Winnetka does ordain as follows:

SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Section as the findings of the Village Council, as if fully set forth herein.

SECTION 2: PUBLIC PLACE ART REGULATIONS. Title 12, titled “Streets, Sidewalks, and Public Places,” of the Village Code is hereby amended to add a new chapter 12.32 as set forth in Exhibit A of this Ordinance.

SECTION 3: EFFECTIVE DATE. This Ordinance shall be in full force and effect from

and after its passage, approval, and publication in the manner provided by law.

[SIGNATURE PAGE FOLLOWS]

Agenda Packet P. 63

_______________, 2018 MC-8-2018

PASSED this _____of __________, 2018, pursuant to the following roll call vote:

AYES: _________________________________________________________

NAYS: _________________________________________________________

ABSENT: _________________________________________________________

APPROVED this ____ day of __________, 2018.

Signed: __________________________________ Village President

Countersigned: __________________________________ Village Clerk

Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this ____ day of _______, 2018.

Introduced: ____________________, 2018 Passed and Approved: ___________ , 2018

Agenda Packet P. 64

_______________, 2018 MC-8-2018

EXHIBIT A

Chapter 12.32 Art Installations

12.32.010 Approvals Required.

A. Art Installation Permit. No person shall install, erect, construct or replace an art installation (including, without limitation, statues and paintings) on any portion of Village Property, including on any sidewalk or right-of-way, unless the person first obtains a permit from the Village Council pursuant to this chapter, which permit shall be approved by a duly adopted resolution and may contain such conditions as the Village Council determines are necessary. An art installation permit under this Section is purely a personal privilege and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated.

B. Fees. The application fees for an art installation permit shall be set from time to time by resolution of the Village Council.

12.32.020 Permit Application.

A. Application. Application for an art installation permit shall be submitted to the Director of Community Development on forms provided by the Director.

B. Contents of Application. The application shall include, at a minimum:

1. A description or map of the location of the proposed art installation and the applicant’s ownership interest in the property immediately adjacent to the location of the proposed installation;

2. A photograph of the proposed art to be installed;

3. A description of the materials, weight, and dimensions of the proposed art installation;

4. A description of how the installation would be mounted or anchored;

5. A description of the proposed length of time the applicant desires to display the proposed art installation on the Village property or sidewalk;

6. The name(s), address(es) and telephone number(s) of the owner of the proposed art installation;

7. The name(s), address(es) and telephone number(s) of any contractors that will install the proposed art installation;

8. A certificate of general liability insurance establishing that the applicant has general liability insurance coverage for all damage, injury, and casualty to persons or property, including public property and private property, that may result from the art installation. Such insurance coverage shall be in the amount of not less than $1,000,000.00 per occurrence and

Agenda Packet P. 65

_______________, 2018 MC-8-2018

$2,000,000 aggregate. Such certificate of insurance shall provide that the insurance coverage shall be maintained during the entire time that art installation is located on the Village sidewalk, and that the Village shall be named as an additional insured under the terms of the certificate of general liability insurance; and

9. Such other information as the Director or the Village Council shall require to show full compliance with this section and any Village rules and regulations pertaining to art installations.

12.32.030 Restrictions and Limitations and Enforcement.

Any art installation that is installed on or over a Village property or sidewalk shall be subject to the following terms, conditions, and requirements:

A. An art installation shall only be installed and maintained pursuant to and in strict compliance with an art installation permit applied for and issued in accordance with this Section.

B. An art installation shall not be installed in a manner or in a location that creates a risk of the art installation toppling over or other safety hazard.

C. In the event that an art installation is illuminated in any way, including from any adjacent properties, the lighting shall be installed in a manner that does not create any safety risks to drivers, or in any manner that creates glare or other nuisance to pedestrians and nearby property owners.

D. An art installation shall be installed only in locations that allow for safe and efficient movement by the public on the Village property or sidewalks.

E. An art installation shall not be installed in a location or in a manner that interferes with Village operations or maintenance of its property.

F. An art installation shall not be installed in a location that blocks or interferes with ingress or egress to any private property.

G. An art installation shall not damage the surface or the structural integrity of the Village property or sidewalk.

H. An art installation shall be permitted on a Village property or sidewalk for the period permitted in the art installation permit, but in no event shall the art installation remain on any Village property or sidewalk, on which the Village engages in snow removal, at any time between November 30 and March 30 of each year.

I. Prior to installing any art on the Village property or sidewalk, and as a condition of the art installation permit, the applicant shall execute an indemnification and hold harmless agreement with the Village in a form prepared and approved by the Village Attorney.

J. The applicant shall maintain its art installation in good repair, and in a safe and clean manner at all times. At all times during an art installation’s location on Village property or sidewalk, the applicant shall be the owner of the property immediately adjacent to the location of the art installation.

Agenda Packet P. 66

_______________, 2018 MC-8-2018

K. The art installation shall comply at all times with, and shall not prevent the Village from complying with, all federal, state, and local laws, regulations, and ordinance, including, without limitation, the American with Disabilities Act and the Illinois Accessibility Code.

L. An art installation that is installed or maintained without a permit may be immediately removed and impounded by the Village, with or without notice to the owner of the installation, in which case the Village will provide notice to the owner with instructions on where and when the installation may be claimed. In order to reclaim the installation, the owner shall be required to pay all applicable fines imposed under this Code and to reimburse the Village for any transportation, storage and other costs incurred by the Village in removing and impounding the art installation.

M. Notwithstanding the issuance of an art installation permit or any time frame listed therein, the owner of any art installation shall remove its art installation within five days upon the written request of the Village for any reason, including specifically, but without limitation, failure to comply with any of the requirements of this Chapter. In the event that the applicant does not remove the art installation within five days, the Village may remove and impound the art installation, in which case the Village will provide notice to the owner with instructions on where and when the installation may be claimed. In order to reclaim the installation, the owner shall be required to pay all applicable fines imposed under this Code and to reimburse the Village for any transportation, storage and other costs incurred by the Village in removing and impounding the art installation.

N. In the event of a bone fide emergency that requires the immediate removal of an art installation, the Village may immediately remove and impound the installation, with or without notice to the owner of the installation, in which case the Village will provide notice to the owner with instructions on where and when the installation may be claimed. In order to reclaim the installation, the owner shall be required to pay all applicable fines imposed under this Code and to reimburse the Village for any transportation, storage and other costs incurred by the Village in removing and impounding the art installation.

O. The Village shall not be responsible for any damage to any art installation that the Village removes or impounds pursuant to this Chapter. The Village shall not be responsible for any damage to any art installation that is damaged as the result of any Village maintenance or other activities on the Village’s property or sidewalk.

P. Failure to comply with any of the requirements of an art installation permit or any of the terms and conditions of this Chapter shall be subject to penalties as provided in Section 1.08.010 of this Code.

Q. In the event of any conflict between an art installation permit and the requirements of this Section, the terms and requirements of this Section shall control.

#60362291_v2 Agenda Packet P. 67


Title:

Presenter:



Item History:

Executive Summary:

Resolution No. R-70-2018: 850 Hill Road Third and Fourth Driveways (Adoption)

Steven M. Saunders, Director of Public Works/Village Engineer

11/20/18

✔

✔

None.

The owners of 850 Hill Road have requested zoning relief to construct a new garage and reconfigure driveway access at the subject property. One zoning variation was requested for the front yard setback. The proposed addition would provide a front yard setback of 32.29 feet from the outermost limits of the private roadway easement for Indian Hill Road, whereas a minimum of 50 feet is required. It should be noted the existing residence currently provides a setback of approximately 42 feet. The Zoning Board of Appeals heard the applicant's request for zoning relief on October 8, 2018 and approved a variance for setback relief to permit the requested renovations, by a 4-3 vote. The applicant's requested zoning relief also includes modifying the access to the property to include a circular driveway with two curb cuts on the Hill Road side of their property, and an additional circular driveway with two curb cuts on the Indian Hill Road side of the property (see Attachment #1). The existing property configuration includes two driveway curb cuts - one along the north side of the property on Hill Road, and one along the east side of the property on Indian Hill Road (see Attachment #2). Staff denied this request, as provided for in Section12.12.020.D of the Village Code, which restricts the number of curb cuts to two for lots 75 feet or wider. The applicant has requested Village Council review, as provided for in Section 12.12.030 of the Code. Following the applicant's request for Council review, staff evaluated the proposed construction and determined that no other applicable Village Code provisions governing driveway construction would be violated by the proposed work. A summary of this review is shown in Attachment #3. During staff's review of the application, it became apparent that the proposed driveway location interfaces with a curve section on Hill Road. Given the possibility of sight distance obstructions at this location, combined with the periodic heavy school-related traffic, the applicant was requested to perform a traffic safety evaluation for the proposed driveway. Attachment #4 is a Site Access Evaluation prepared by KLOA, Inc., a traffic engineering consulting firm.

Agenda Packet P. 68

Executive Summary (continued):

Recommendation:

Attachments:

KLOA's evaluation consisted of traffic and speed counts and a site visibility analysis to determine if adequate sight lines and distances exist to safely allow an additional driveway on Hill Road as proposed. KLOA's conclusion is that such a driveway could be constructed, provided that vegetation currently located within sight distance triangles indicated in the report be removed. Staff concurs with this evaluation. As a result, it is staff's opinion that granting this third curb cut request would not create any adverse impacts to traffic or pedestrian safety. The proposed driveway location is in conflict with a 9-inch diameter pine tree on the public parkway. This tree is in fair condition but is not a desirable species for this location in the opinion of the Village Forester. Tree removal is warranted in this instance, and the applicant should be required to replace the tree with a more appropriate shade tree species from the Village's approved tree species list, at a location suitable to both the applicant and the Village Forester. Staff has identified seven other properties in the general vicinity that have been developed with three driveway curb cuts. These properties are shown in Attachment #6. Staff is not aware of any problems or issues relating to the number of curb cuts at any of these properties. The applicant has provided a narrative description of the proposed project as well as an evaluation, from their perspective, of the standards for granting a Zoning Variation. While these standards are not directly applicable, they do pose potentially useful questions for the evaluation of the proposed third curb cut. This description is shown in Attachment #6. After reviewing all of this information, staff concludes that granting the proposed request will likely not result in any adverse effects to pedestrian or traffic safety or stormwater runoff. It would also not lead to a singular or unique development condition, given the presence of other properties in the area with multiple driveway entrance configurations.

Consider adoption of Resolution No. R-70-2018, granting approval for a third and fourth curb cut for a driveway at 850 Hill Road.

Resolution No. R-70-2018 1 - Proposed Site Plan 2 - Pre-existing Development Survey 3 - Compliance Evaluation 4 - KLOA, Inc. Site Access Evaluation 5 - Other Area Properties with 3 Curb Cuts 6 - Public Works Director Denial and Applicant Respsonse 7 - Village Code

Agenda Packet P. 69

KScanlan

Typewritten Text

8 - ZBA Minutes

KScanlan

Typewritten Text

November 20, 2018 R-70-2018

R-70-2018

A RESOLUTION GRANTING APPROVAL FOR A THIRD AND FOURTH CURB CUT FOR A DRIVEWAY

(850 Hill Road)

WHEREAS, Joseph and Pia Cacciatore (individually and as Trustees) ("Owner"), are the owners of the property commonly known as 850 Hill Road, Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance (“Subject Property”); and

WHEREAS, the Subject Property currently is served by two driveway curb cuts, providing access to both Hill Road and Indian Hill Road; and

WHEREAS, the Owner is constructing additions and renovations to an existing single-family home on the Subject Property (“Improvements”); and

WHEREAS, pursuant to Section 12.12.020.D of the “Winnetka Village Code” (“Village Code”) the Village’s Director of Public Works has authority to approve up to two curb cuts for vehicular access for lots 75 feet wide or greater; and

WHEREAS, the Subject Property is greater than 75 feet in width; and

WHEREAS, as part of the Improvements, the Owner requested the Director of Public Works to approve a third curb cut for the Subject Property to allow the Owner to construct a circular drive on the Subject Property with two curb cuts on Hill Road (“Driveway”), while maintaining the existing curb cut and constructing an additional curb cut located on Indian Hill Road (“Application”); and

WHEREAS, the Director of Public Works denied the Application pursuant to Section 12.12.020.D of the Village Code; and

WHEREAS, Section 12.12.030 of the Village Code permits the Owner to seek review of the denial of the Application before the Village Council, and the Village Council has the authority to approve a third and fourth curb cut to serve the Subject Property upon a finding that the construction and maintenance of such driveway will not substantially impair, endanger, or interfere with the public safety; and

WHEREAS, the Village Council has found that the Application will not substantially impair, endanger, or interfere with the public safety; and

WHEREAS, the Village Council has determined that approval of the Application is in the best interests of the Village and its residents;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows:

Agenda Packet P. 70

November 20, 2018 R-70-2018

SECTION 1: RECITALS. The Village Council adopts the foregoing recitals as its findings, as if fully set forth herein.

SECTION 2: APPROVALS. Subject to, and contingent upon, the terms, conditions, restrictions, and provisions set forth in Section 3 of this Resolution, and pursuant to Section 12.12.030 of the Village Code, the Village Council hereby approves a third curb cut for vehicular access for the Subject Property to be located on Hill Road and a fourth curb cut to be located on Indian Hill Road. SECTION 3: CONDITIONS. The approval granted by Section 2 of this Resolution is subject to, and contingent upon, compliance by the Owner with the following conditions:

A. Compliance with Regulations. The development, use, and maintenance of the Driveway must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time.

B. Compliance with Plans. The development, use, and maintenance of the Driveway must be in strict accordance with the Proposed Driveway Plan consisting of one sheet and prepared by Orren Pickell Desiogn Group, Inc. with a latest revision date of September 12, 2018, a copy of which is attached to, and by this reference, made a part of this Resolution as Exhibit B, except for minor changes and site work approved by the Director of Public Works (within his permitting authority) in accordance with all applicable Village codes, ordinances, and standards.

C. Tree Replacement. The Owner shall plant one replacement shade tree from the Village's approved tree species list, at a location suitable to both the Owner and the Village Forester.

SECTION 4: EFFECTIVE DATE.

A. This Resolution will be effective only upon the occurrence of all of the following events:

1. Its passage and approval according to law; and

2. The filing by the Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Resolution, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Resolution and to indemnify the Village for any claims that may arise in connection with the approval of this Resolution.

B. In the event that the Owner does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 4.A.2 of this Resolution within 60 days after the date of passage of this Resolution by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Resolution null and void and of no force or effect.

Agenda Packet P. 71

November 20, 2018 R-70-2018

[SIGNATURE PAGE FOLLOWS]

Agenda Packet P. 72

November 20, 2018 R-70-2018

ADOPTED this 20th day of November, 2018, pursuant to the following roll call vote: AYES: ____________________________________________________________ NAYS: ____________________________________________________________ ABSENT: ____________________________________________________________ ABSTAIN: ____________________________________________________________ Signed ____________________________________ Village President Countersigned: _______________________________________ Village Clerk

Agenda Packet P. 73

November 20, 2018 R-70-2018

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

All that part of Lot 16 in Indian Hill Subdivision Number 2, being a subdivision of parts of Section 20 and 29, Township 42 North, Range 13, East of the Third Principal Meridian, as shown by plat thereof, recorded in the Recorder's Office of Cook County, Illinois on December 17, 1915, as document 5772391, in Book 139 of Plats, Page 38, lying north of a line 191.90 feet south of and parallel with the north line of the northeast ¼ of said Section 29, in Cook County, Illinois, PIN: 05-29-201-001-0000 COMMONLY KNOWN AS 850 HILL ROAD, WINNETKA, ILLINOIS

Agenda Packet P. 74

November 20, 2018 R-70-2018

EXHIBIT B

PROPOSED DRIVEWAY PLAN

Agenda Packet P. 75

November 20, 2018 R-70-2018

EXHIBIT C

UNCONDITIONAL AGREEMENT AND CONSENT

TO: The Village of Winnetka, Illinois ("Village"): WHEREAS, Joseph and Pia Cacciatore (individually and as Trustees) ("Owner"), are the owners of the property commonly known as 850 Hill Road, Winnetka, Illinois (“Subject Property”); and

WHEREAS, Resolution No. R-70-2018, adopted by the Village Council on ___________, 2018 ("Resolution") pursuant to Section 12.12.030 of the “Winnetka Village Code,” grants approval to the Owner for a third curb cut for vehicular access for the Subject Property to be located on Hill Road and a fourth curb cut for vehicular access on Indian Hill Road (“Curb Cuts”); and WHEREAS, Section 4 of the Resolution provides, among other things, that the Resolution will be of no force or effect unless and until the Owner has filed, within 60 days following the passage of the Resolution, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Resolution; NOW, THEREFORE, the Owner does hereby agree and covenant as follows:

1. The Owner does hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Resolution.

2. The Owner acknowledges that any applicable public notices have been properly given and held with respect to the adoption of the Resolution, has considered the possibility of the revocation provided for in the Resolution, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.

3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's grant of approval for the Curb Cuts for the Subject Property or its adoption of the Resolution, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time.

4. The Owner does hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Resolution granting the approval for the Curb Cuts for the Subject Property.

5. The Owner hereby agrees to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts'

Agenda Packet P. 76

November 20, 2018 R-70-2018

fees, and will also include the reasonable value of any services rendered by any employees of the Village.

Dated: , 2018 ATTEST: [OWNER] By: By: Its: Its: [OWNER] By: Its:

Agenda Packet P. 77

I N D I A N H I L LS U B D I V I S I O N N O. 5

LOT 40

PT LOT 16Area =47,157 S.F.

= 1.0825 Ac.

Exist BrickPaver

Pavement

Brick PaverApron

Exist BituminousDriveway

Exist CoveredWalk

Conc. Walk

Conc. Walk

31'-7

"

40'-018"

39'-858"

9'-1018"

1'-8"

1'-81 4" 13

'-61 2"

46'-1

05 8"

PT LOT 13

30' Building Setback Line


H I L L R O A D 66'

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S 89° 24' 18" E 195.40'

S 60° 22' 52" W 59.78'

S 89° 20' 38" E 313.93'

N 00

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PROPGARAGE

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EXISTRESIDENCE

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DATE: 9/12/18

SCALE: 1:40

PROPOSED SITE PLANN

Agenda Packet P. 78

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Rec. March 29, 1920 As Doc. No. 6775575

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I BUILD I REMODELI REMODEL

SSaunders

Text Box

ATTACHMENT #1 PROPOSED SITE PLAN

Scale:

NORTH0

1" =

10 20

20'

P:\2018\18138\Drawings\Final Survey\18138-Boundary & Topographic Survey.dwg

Revi

sion

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File Name: Sep 12, 2018 - 10:12am nicole-lPlot Date: Plotted By:

Project Manager:

Engineer:

Sheet

Date:

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Project No.

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2018-09-12

18-138

11

BenchmarkCP # 630 (see survey)Description: Cross Notch on Hydrant BoltElevation: 627.87 NAVD 88 (Geoid 12A)

CP # 615 (see survey)Description: Cross NotchElevation: 625.11 NAVD 88 (Geoid 12A)

CP # 607 (see survey)Description: Mag NailElevation: 625.15 NAVD 88 (Geoid 12A)

On Line

LEGEND

Catch BasinInlet

Manhole

Utility Pole

Coniferous Tree

Pavement ElevationSidewalk ElevationGround Elevation

Deciduous Tree

Contour Line

Curb & GutterDepressed Curb

Curb Elevation and

SignFence

Guy Wire

Fire Hydrant

Light Pole

Valve VaultValve Box

Storm SewerSanitary SewerCombined Sewer

Water Main

Area Drain

Force Main

Overhead Utility Line

Retaining Wall

Gutter/Pavement Elevation

Sprinkler

Electric Meter

Gas Meter

Air Conditioning Unit

Agenda Packet P. 79

SSaunders

Text Box

ATTACHMENT #2 EXISTING SITE PLAN

COMPLIANCE EVALUATION ATTACHMENT #3

Village Code Condition ProposedMaximum width 16 feet at property line. 16 feetMinimum distance to intersection 50 feet. 65 feet

Minimum distance 10 feet to any public tree.

> 10 feet. Requires removal of one pine tree.

Portion on public property paved with concrete, asphalt, or other acceptable hard-surfaced pavement. Paved surface.Matches adjacent sidewalk grade. N/A

Interfere with drainage in street.

No. Driveway does not encroach beyond curbline

Agenda Packet P. 80

KLOA, Inc. Transportation and Parking Planning Consultants

9575 West Higgins Road, Suite 400 | Rosemont, Illinois 60018 p: 847-518-9990 | f: 847-518-9987

MEMORANDUM TO: Joseph Cacciatore

Jos. Cacciatore & Co. Real Estate

FROM: Elise Purguette

Consultant

Luay R. Aboona, PE, PTOE

Principal

DATE: November 12, 2018

SUBJECT: Site Access Evaluation

850 Hill Road

Winnetka, Illinois

This memorandum summarizes the findings of a site access evaluation conducted by Kenig,

Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) for the proposed curb cuts to serve the house located

at 850 Hill Road in Winnetka, Illinois. Figure 1 shows the site location.

The plans call for adding two curb cuts, resulting in two on Hill Road and two on Indian Hill Road.

A copy of the site plan is included in the Appendix.

Existing Traffic Conditions

The following provides a detailed description of the physical characteristics of the roadways

including geometry and traffic control, adjacent land uses, and peak hour traffic flows along area

roadways.

Hill Road is an east-west major collector that provides one lane in each direction in the vicinity of

the site. At its unsignalized intersection with Indian Hill Road, Hill Road provides a shared

through/left-turn lane. Hill Road is under the jurisdiction of the Village of Winnetka and has a

posted speed limit of 30 miles per hour (mph) with a 25-mph advisory speed on the curve.

Additionally, biking is not permitted on the road.

Indian Hill Road is a north-south local road that provides one lane in each direction in the vicinity

of the site. At its unsignalized intersection with Hill Road, Indian Hill Road provides a shared left-

turn/right-turn lane under stop sign control. Indian Hill Road is a private road.

Agenda Packet P. 81

SSaunders

Text Box

ATTACHMENT #4 SITE ACCESS EVALUATION

2

Site Location Figure 1

HILL ROAD

SITE

Agenda Packet P. 82

3

Hill Road Data Collection

In order to determine current traffic volumes in the vicinity of the site, KLOA, Inc. conducted

traffic volume counts using automated tube counters on Thursday, October 25, 2018 which show

that Hill Road carries 6,333 vehicles per day. Based on Residential Streets, 3rd Edition, published

by the Urban Land Institute, the existing ADT falls within the stated range of residential collectors.

Therefore, considering Hill Road as a collector is appropriate. Table 1 tabulates the traffic volume

counts in both directions.

As shown in Table 1, the results of the traffic counts indicated that approximately 93 percent of

the vehicles traveling on Hill Road are passenger vehicles/cars.

Furthermore, the data collection included observations of the vehicle speeds on Hill Road. As

shown in Table 2, the results of the speed study indicated that the average speed on Hill Road was

29 mph and the 85th percentile (prevailing) speed was 33 mph. Copies of the traffic counts and

speed study results are included in the Appendix.

Agenda Packet P. 83

4

Table 1

TRAFFIC VOLUME COUNTS SUMMARY TABLE

Time

Passenger

Vehicles/

Cars

Buses Single Unit

Trucks

Multi-Unit

Trucks

Not

Classified Total

12:00 A.M. 3 0 0 0 0 3

1:00 A.M. 2 0 0 0 0 2

2:00 A.M. 3 0 0 0 0 3

3:00 A.M. 2 0 0 0 0 2

4:00 A.M. 4 0 0 0 0 4

5:00 A.M. 23 0 1 0 0 24

6:00 A.M. 119 1 2 0 2 124

7:00 A.M. 379 10 9 2 17 417

8:00 A.M. 253 2 17 4 11 287

9:00 A.M. 188 0 14 4 8 214

10:00 A.M. 171 0 8 5 6 190

11:00 A.M. 188 1 8 3 9 209

12:00 P.M. 395 2 15 10 18 440

1:00 P.M. 409 3 13 10 15 450

2:00 P.M. 482 3 22 5 21 533

3:00 P.M. 736 14 12 4 45 811

4:00 P.M. 588 1 6 2 21 618

5:00 P.M. 643 1 12 2 26 684

6:00 P.M. 489 2 7 0 19 517

7:00 P.M. 316 0 1 0 3 320

8:00 P.M. 233 1 1 0 5 240

9:00 P.M. 137 0 0 0 4 141

10:00 P.M. 69 0 0 0 0 69

11:00 P.M. 30 0 1 0 0 31

Total 5862 41 149 51 230 6,333

Percent 93% 1% 2% 1% 4% 100%

Agenda Packet P. 84

5

Table 2

SPEED STUDY SUMMARY TABLE

Time 1-15

mph

16-20

mph

21-25

mph

26-30

mph

31-35

mph

36-40

mph

41-45

mph

46-50

mph

12:00 A.M. 0 0 1 4 0 1 1 0

1:00 A.M. 0 1 0 1 2 0 0 0

2:00 A.M. 0 0 1 0 1 0 0 0

3:00 A.M. 0 0 2 2 1 0 0 0

4:00 A.M. 0 0 1 3 3 1 0 0

5:00 A.M. 0 0 4 13 24 5 0 1

6:00 A.M. 4 1 18 96 65 3 0 0

7:00 A.M. 30 8 65 353 214 14 1 0

8:00 A.M. 19 1 65 294 178 16 0 0

9:00 A.M. 14 3 46 202 148 8 0 0

10:00 A.M. 10 3 48 201 139 16 1 0

11:00 A.M. 19 8 59 224 142 17 0 0

12:00 P.M. 20 11 46 188 149 26 0 0

1:00 P.M. 15 11 47 202 161 13 1 0

2:00 P.M. 23 1 48 241 202 17 1 0

3:00 P.M. 44 11 62 400 267 23 4 0

4:00 P.M. 21 6 55 302 222 10 2 0

5:00 P.M. 31 7 52 313 267 14 0 0

6:00 P.M. 20 4 47 277 157 12 0 0

7:00 P.M. 3 1 38 166 102 10 0 0

8:00 P.M. 5 4 34 127 64 6 0 0

9:00 P.M. 5 7 16 75 33 5 0 0

10:00 P.M. 0 0 6 39 23 0 1 0

11:00 P.M. 0 0 5 14 11 1 0 0

Total 283 88 766 3,737 2,575 218 12 1

Percent 4% 1% 10% 49% 34% 2.8% 0.1% 0.1%

Agenda Packet P. 85

6

Hill Road Proposed Access

As indicated earlier, a second access drive will be provided on Hill Road approximately 95 feet

west of Indian Hill Road. In order to determine the adequacy of the location of the second access

drive, both stopping sight distance and intersection sight distance were evaluated. It should be

noted that the house on the north side of Hill Road (879 Hill Road) currently has two access drives

off Hill Road serving the property.

Stopping Sight Distance Study

Based on the Illinois Department of Transportation (IDOT) Bureau of Design and Environment

(BDE) Manual, Chapter 31, a stopping sight distance (SSD) of 250 feet along Hill Road must be

provided for passenger cars at a design speed limit of 35 miles per hour so that drivers have

sufficient time to view the roadway ahead and stop. As can be seen in Figure 2, adequate stopping

sight distance exists at the proposed driveway location.

Intersection Sight Distance Study

Based on the BDE Manual, Chapter 36, an intersection sight distance (ISD) of 390 feet must be

provided for a design speed limit of 35 mph. As can be seen in Figure 3, the required intersection

sight distance is met at the proposed location of the curb cut.

It is recommended that the bushes that fall within the sight line triangles for both the SSD and ISD

be removed.

Conclusions

• The plans call for adding two additional curb cuts to serve the house located at 850 Hill

Road in Winnetka, Illinois.

• The results of the traffic counts indicated that Hill Road carries 6,333 vehicles per day with

approximately 93 percent of the vehicles being passenger vehicles/cars.

• The results of the speed study indicated that the average speed on Hill Road is 29 miles per

hour and the 85th percentile speed is 33 mph.

• The proposed location of the curb cut meets both the SSD and ISD per the design speed

limit of 35 mph.

• It is recommended that bushes within the sight triangles be removed.

Agenda Packet P. 86

L

L I

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A I

D

N I

5 .O

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Pavement

Conc. Walk

Conc. W

alk

31'-7"

40'-018"

8-'93 5

8"

9'-1018"

1'-8"

1'-8

14" 13'-6

12 "

46'-10

58"

31

TOL

TP

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0250' B

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20' B

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ne

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A

O

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L

L I

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S 60°

22' 52" W 5

9.78'

'39.313

E "

83 '

02 °

98

S

N 00° 05' 0

4"

E 158.90'

(59.9

5')

R=919.17'

L=201.6

4'

Ch.=

201.2

4'

Ch

Br g.=

N19°

14'17"

W

L=20

2.0

5'

EXISTING

RESIDENCE

EXISTING

GARAGE

PROPOSED

GARAGE


New BituminousDrivewayNew Bituminous

Driveway



Portion of Drive

to be removed

18'-0"

EXISTING 6"

EVERGREEN TO

BE REMOVED

EXISTING A/C

NEW A/C

NEW IRON

FENCE TO

MATCH

EXISTING

REMOVE PORTIONS

OF EXISTING IRON

FENCE

NEW PERVIOUS

PAVER DRIVE

EXISTING 4"

DEC TREE TO

BE REMOVED

83'-113

8"

NEW MASONRY

WALL AND

ACCESS GATE

39'-63

4"

8'-0"

32'-31

2"

8'-0"

8' IN

DIA

N HIL

L R

OA

D

EASE

ME

NT LIN

E

EXISTING

WORKSHOP

EXISTING

COACH HOUSE

HILL ROAD

BIR

CH

ST

RE

ET

DRAWN:

DATE:

DS CHECKED:

REV:

WINNETKA, ILLINOIS

850 HILL ROAD

Kenig,Lindgren,O'Hara,Aboona,Inc.

LA

ST

RE

ET

CH

ES

TN

UT

N

SCALE: 1" = 60'

250' STOPPING SIGHT DIST. (PASSENGER VEHICLE)25

0' S

TOPPIN

G SI

GHT DI

ST. (

PASSENGER

VEHICLE)

PROJECT # 18-247

11/05/18

TO BE REMOVED

SIGHT TRIANGLE

BUSHES WITHIN

STOPPING SIGHT DISTANCE STUDYFIGURE: 2

122511.2

250 = 1.47 35(2.5) + 1.075 ( )

:where

a

t

V

SSD

= driver deceleration, ft/s (m/s )

= brake time, 2.5 seconds

= design speed, mph (km/h)

= Stopping Sight Distance, ft (m)

Va

2

SSD = 1.47 Vt + 1.075

IDOT BDE MANUAL - CHAPTER 31

2 2

DESIGN SPEED = 35 MPH

POSTED SPEED LIMIT = 30 MPH

Agenda Packet P. 87

L

L I

H

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A I

D

N I

5 .O

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Exist Brick Paver

Pavement

Conc. Walk

Conc. W

alk

31'-7"

40'-018"

8-'93 5

8"

9'-1018"

1'-8"

1'-8

14" 13'-6

12 "

46'-10

58"

31

TOL

TP

eniL

kcabteS

gnidliuB '

0250' B

uilding Setb

ack Line

30' B

uilding Setb

ack Line

20' B

uildin

g Setb

ack Li

ne

D

A

O

R

L

L I

H

S 60°

22' 52" W 5

9.78'

'39.313

E "

83 '

02 °

98

S

N 00° 05' 0

4"

E 158.90'

(59.9

5')

R=919.17'

L=201.6

4'

Ch.=

201.2

4'

Ch

Br g.=

N19°

14'17"

W

L=20

2.0

5'

EXISTING

RESIDENCE

EXISTING

GARAGE

PROPOSED

GARAGE


New BituminousDrivewayNew Bituminous

Driveway



Portion of Drive

to be removed

18'-0"

EXISTING 6"

EVERGREEN TO

BE REMOVED

EXISTING A/C

NEW A/C

NEW IRON

FENCE TO

MATCH

EXISTING

REMOVE PORTIONS

OF EXISTING IRON

FENCE

NEW PERVIOUS

PAVER DRIVE

EXISTING 4"

DEC TREE TO

BE REMOVED

83'-113

8"

NEW MASONRY

WALL AND

ACCESS GATE

39'-63

4"

8'-0"

32'-31

2"

8'-0"

8' IN

DIA

N HIL

L R

OA

D

EASE

ME

NT LIN

E

EXISTING

WORKSHOP

EXISTING

COACH HOUSE

HILL ROAD

BIR

CH

ST

RE

ET

= critical gap for entering or crossing the major road, secc t

= design speed of major road, mph (km/h)major V

ISD = Intersection Sight Distance, ft (m)

b = length of sight triangle along the major road or ISD, ft (m): where

ctmajor b = ISD = 1.467 V

IDOT BDE MANUAL - CHAPTER 36

DESIGN SPEED = 35 MPH

POSTED SPEED LIMIT = 30 MPH

Passenger Vehicle ISD = (1.467)(35)(7.5) = 390 ft

DRAWN:

DATE:

DS CHECKED:

REV:

WINNETKA, ILLINOIS

850 HILL ROAD

LA

390' INTERSECTION SIGHT DISTANCE (PASSENGER VEHICLE)

390' I

NTERSECTION

SIGHT

DISTANCE

(PASS

ENGER VEHI

CLE)

ST

RE

ET

CH

ES

TN

UT

N

SCALE: 1" = 60'

PROJECT # 18-247

11/05/18

TO BE REMOVED

SIGHT TRIANGLE

BUSHES WITHIN

INTERSECTION SIGHT DISTANCE STUDYFIGURE: 3 Kenig,Lindgren,O'Hara,Aboona,Inc.

Agenda Packet P. 88

Appendix

Agenda Packet P. 89

Site Plan

Agenda Packet P. 90

COPYRIGHT 2018 BY ORREN PICKELLDESIGN GROUP INC. ALL RIGHTSRESERVED. NO PART OF THIS DOCUMENT MAYBE REPRODUCED, STORED, OR TRANSMITTEDIN ANY FORM BY ANY MEANS WITHOUT PRIORWRITTEN PERMISSION OF ORREN PICKELLDESIGN GROUP, INC.

DRAWING INDEX

PROJECT TEAM

ARCHITECT:ORREN PICKELL DESIGN GROUP, INC.1799 WILLOW ROADNORTHFIELD, ILLINOIS 60093P: 847-572-5200F: 847-457-3128CONTACT: JOHN FOREHAND

SCOPE OF WORK / REMARKS

CACCIATORE RESIDENCE850 HILL ROAD WINNETKA, IL

SITE DEVELOPMENT PLAN / INDEXA1ATTACHED 1 CAR GARAGE ADDITION, MUD ROOMREMODEL

EXISTING FIRST & SECOND FLOORA2

PROPOSED 1ST FLOOR PLANA3

PROPOSED 2ND FLOOR PLANA4

EXISTING EAST ELEVATIONA5

EXISTING NORTH & SOUTH ELEVA6

PROPOSED EAST ELEVATIONA7

PROPOSED NORTH & SOUTH ELEVA8

I N D I A N H I L LS U B D I V I S I O N N O. 5

LOT 40


= 1.0825 Ac.

Exist

Bric

k Pa

ver

Apr

on

Exist Brick Paver

Pavement

Brick PaverApron


Exist Bituminous Driveway

Blue Stone

Pavement

Exis

t Woo

d Sh

ed

Exist Flagstone

Exist Covered Conc.

Walk

Exist Brick PaverPavement

Conc. Walk

Conc. Walk

31'-7

"

40'-018"

39'-858"

9'-1018"

1'-8"

1'-8

14" 13

'-61

2"

46'-1

058"

PT LOT 13


50' Building Setback L

ine

30' Building Setback L

ine


H I L L R O A D 66'

S 89° 24' 18" E 195.40'

S 60° 22' 52" W

59.78'

S 89° 20' 38" E 313.93'

N 0

0° 0

5' 0

4" E

15

8.90

'

(59.95')

R=

919

.17'

L=

20

1.64

'

Ch

.=2

01.2

4'

Ch

Br g

.=N

19°

14'

17"

W

L=

20

2.0

5'

EXISTINGRESIDENCE

EXISTINGGARAGE

PROPOSEDGARAGE

New Bituminous

Driveway

New Bituminous

DrivewayNew Bituminous

Driveway

SCALE 1/16" = 1'-0"

PROPOSED SITE PLANN



Portion of Driveto be removed

18'-0

"

EXISTING 6"EVERGREEN TOBE REMOVED

EXISTING A/C

NEW A/C

NEW IRONFENCE TOMATCHEXISTING

REMOVE PORTIONSOF EXISTING IRON

FENCE

NEW PERVIOUSPAVER DRIVE

EXISTING 4"DEC TREE TOBE REMOVED

83'-11 38"

NEW MASONRYWALL ANDACCESS GATE

39'-63

4"

8'-0"

32'-31

2"

8'-0"

8' IND

IAN

HIL

L R

OA

D

EA

SEM

EN

T L

INE

EXISTINGWORKSHOP

EXISTINGCOACH HOUSE

A1

Agenda Packet P. 91

Traffic Volume Counts

Agenda Packet P. 92

Agenda Packet P. 93

Agenda Packet P. 94

Speed Study

Agenda Packet P. 95

Agenda Packet P. 96

Agenda Packet P. 97

11/15/2018 GIS Consortium – MapOffice™

https://apps.gisconsortium.org/MapOffice/PrintView.aspx?ps=11x17L&usecase=ID:99&layout=default&tp=web&map=vector&extent=1142047.1951192222,1975954.0448847222,1149887.4728970001,1… 1/1

Properties with 3 Curb Cuts

Map created on November 15, 2018.© 2018 GIS Consortium and MGP Inc. All Rights Reserved.The GIS Consortium and MGP Inc. are not liable for any use, misuse, modification or disclosure of any map provided under applicable law. Disclaimer: This map is for general information purposes only. Although the information is believed to be generally accurate, errors may exist and the user should independently confirm for accuracy. The map does not constitute a regulatory determination and is not a base for engineering design. A Registered Land Surveyor should be consulted to determine preciselocation boundaries on the ground.

0 300 600ft

Agenda Packet P. 98

http://www.gisconsortium.org/

http://www.mgpinc.com/

http://www.gisconsortium.org/

http://www.mgpinc.com/

SSaunders

Text Box

ATTACHMENT #5 OTHER PROPERTIES

Office of the Public Works Director (847) 716-3534

e-mail: [email protected]

September 28, 2018

Mr. Mike Piskule Orren Pickell Building Group Via email: [email protected]

Dear Mr. Piskule:

I have received and reviewed the application you submitted for an addition and renovations at 850 Hill Road in Winnetka. Specifically, you have requested permission to reconfigure the driveways, including constructing two additional driveway entrances for the property, bringing the total to four. After reviewing your application materials I must unfortunately deny your request. The Village Code permits the Director of Public Works to approve driveway access to properties, up to a maximum of two for properties that meet certain dimensional requirements. The specific language Section 12.12.020.D is as follows:

D. Maximum Number of curb cuts for vehicular access. 1. Lots less than 75 feet in width. On lots less than 75 feet in width, there shall be no more than one curb cut for vehicular access to street, whether the curb cut is for a driveway, a vehicle turnaround or a parking area. 2. Lots 75 feet wide or greater. The Director of Public Works may, in his or her discretion, issue a permit for one additional curb cut for vehicular access to any lot or parcel of land concerning which such application shall have been made if, upon investigation, the Director of Public Works finds that the construction and maintenance of the additional curb cut and the driveway, turnaround or parking access connected to it will not substantially impair, endanger or interfere with the public safety. In exercising such discretion the Director of Public Works shall consider the amount of pedestrian and vehicular traffic on the proposed driveway and on the street or sidewalk adjacent to the property sought to be connected with any street or thoroughfare. The Director of Public Works shall also consider the grade or elevation of the public street with which any such driveway is to be connected and the proximity of the property sought to be so connected to any street intersection, railroad or railway crossing, fire or police station, or school or church. The following standards shall also apply: (1) The minimum distance between a

Agenda Packet P. 99

SSaunders

Text Box

ATTACHMENT #6 APPLICANT CORRESPONDENCE

December 21, 2015

vehicular curb cut and the nearest return of the intersection of two streets shall be 50 feet, as measured at the curb line of the street; (2) the minimum distance between the pavement surface and any tree on public property shall be 10 feet.

Since your application request exceeds two driveway access points, I am not authorized to permit your third and fourth access points. You are permitted by Village Code to appeal the decision of the Public Works Director, per the following language:

Section 12.12.030 Denial of Permit; Review of Denial A. Denial of Permit; Review by Village Council. In the event the Director of Public Works, in his or her discretion, shall refuse to issue a permit for a driveway, his or her action in so refusing such permit shall be subject to review by the Village Council. Such review shall be requested within 10 days after the date of the denial. B. Decision of Village Council on Review. If the Village Council finds that the construction and maintenance of any such driveway will not substantially impair, endanger or interfere with the public safety, it shall by resolution direct the issuance of a permit for a driveway of such width and at such location as to the Council shall be considered proper in furtherance of public safety; otherwise a permit shall not be issued.

If you wish to appeal my decision, please forward your appeal request to me, in writing, and your request will be placed on a future agenda for Village Council consideration. If you wish to appeal, there are some items of concern associated with your application that you will need to address.

First, the proposed driveway location is at a curve on Hill Road, which is a relatively high-volume roadway. Please evaluate sight distance at the proposed driveway location, especially looking to the east on Hill Road. Your sight distance evaluation should consider sight distance and stopping distance for westbound vehicles approaching the driveway.

Second, your proposed driveway location on Hill Road requires removal of one ~9-inch White Pine on public property. You will need to provide a replacement tree in the parkway of Hill Road.

Third, some of the parkway landscaping, especially east of the proposed Hill Road driveway, has grown to the point where it will likely pose a sight obstruction for the proposed driveway and is approaching the point of encroaching on the roadway. This landscaping should be reviewed and consideration should be given to trimming, thinning, or removing some of this landscape material to improve sight distance.

Please feel free to contact me at (847) 716-3534 or by e-mail at [email protected] if you have any questions.

Sincerely,

Steven M. Saunders

Director of Public Works/Village Engineer

Agenda Packet P. 100

1

October 3rd

, 2018

RE: Appeal for allowable Curb Cuts to 850 Hill Road

Village Council of Winnetka

Dear Mr. Saunders & the Village Council of Winnetka,

We would like to formally petition an appeal to Mr. Saunder’s denial of our request for

(4) driveway curb cuts to 850 Hill Road. The driveway curb cuts are requested so as to provide a

new driveway layout for an attached 1 car garage along the home’s existing East façade. Our

clients, Mr. and Mrs. Cacciatore, desire to construct this addition onto their existing home so as

to modernize the residence in providing more direct access to the existing Kitchen.

The home at 850 Hill Road currently has a detached coach house with garage and a

walking path that stretches over 170 feet away from the existing Side Entry and Mud Room.

This has become impractical for daily use, especially in times of inclement weather. The

existing driveway, although long, is too narrow to accommodate any parking while allowing a

vehicle to pass or back up. This has become especially true when the coach house is occupied

and accommodating guest parking. It is for these reasons the Cacciatore’s would like to have the

driveway reconfigured to accommodate a more traditional entrance/exit onto Hill road for the

coach house, and a separate entrance to accommodate a traditional circular drive for daily use for

the main house. The proposed circular drive would connect to Indian Hill Road to the East. The

remaining curb cut would be to accommodate a drive-through type exit off of the proposed

attached garage. This is again in consideration of parking, distance, viewing angles, and the

complex curve inherent at the intersection of Hill and Indian Hill roads. Your thoughtful

consideration of our request is greatly appreciated.

Sincerely,

The Orren Pickell Design Group


Print

Winnetka, IL Village Code

Chapter 12.12DRIVEWAY CONSTRUCTION

Sections:

12.12.010 Driveway Permits

12.12.020 Design Standards

12.12.030 Denial of Permit; Review of Denial

Section 12.12.010 Driveway Permits

A. Permit Required. It is unlawful for any person to construct a driveway across any public or private sidewalk, parkway or other public or private property without a permit.

B. Permit Application. Application for the permit shall be made to the Director of Public Works. It shall state the location, grade and dimensions of the proposed driveway and the purpose for which it is desired.

C. Contents of Permit. Every permit issued under this section shall contain conditions providing as follows:

1. That such permit may be revoked or modified by a resolution passed by the Village Council, in which case the authority and privilege granted shall cease;

2. That upon the termination by revocation, expiration or otherwise of the authority, rights and privileges granted by the permit, the driveway authorized in such permit shall be removed or modified and the sidewalk space, parkway and curb, and any property where the same shall have been located shall be restored to their former respective conditions and locations to the satisfaction of the Director of Public Works, so that the portion of the sidewalk space, parkway and curb used for the driveway shall be safe for public travel and in the same condition as the remaining portion of the sidewalk space, parkway and curb at the sole expense of the grantee, without cost or expense to the Village;

3. That in the event of the failure, neglect or refusal on the part of the grantee to remove the driveway when directed to do so by the Director of Public Works, by a written notice stating the action taken by the Village Council and the time within which such driveway shall be removed or modified, the Village may proceed to remove the same and charge the expense of removal to the grantee.

D. Permit Fee. The fee for the issuance of the permit required by this section shall be set from time to time by resolution of the Village Council.

(MC-2-2004, Amended, 04/06/2004)

Page 1 of 4Chapter 12.12 DRIVEWAY CONSTRUCTION

7/31/2017http://library.amlegal.com/alpscripts/get-content.aspx


SSaunders

Text Box

ATTACHMENT #7 VILLAGE CODE

Section 12.12.020 Design Standards

The standards established in this subsection shall apply to all driveways and to all curb cuts made to provide vehicular access to any lot or parcel of land, whether the curb cut or driveway is on public or private property.

A. Width. Each driveway permitted under this section shall be of such grade and of such width, not exceeding sixteen (16) feet at the lot line and sidewalk for driveways in single-family residential zones and not exceeding twenty-two (22) feet at the lot line and sidewalk for driveways in all other zones.

B. Location. Each driveway shall be constructed at such location as the Director of Public Works, in his or her discretion, shall find proper after making the investigation in the light of the standards specified in this section.

C. Properties located on blocks served by public alleys.

1. Any interior lot adjoining a public alley shall be accessed exclusively by a single driveway from such alley, except that an interior lot fronting on a street without on-street parking on the block face.

2. Any corner lot adjoining a public alley may construct a single driveway from either the alley or street intersecting such alley.

3. Any corner lot located on a block served by an alley, but which does not abut such alley, shall be accessed by a single driveway on the street perpendicular to the alley.

D. Maximum Number of curb cuts for vehicular access.

1. Lots less than 75 feet in width. On lots less than 75 feet in width, there shall be no more than one curb cut for vehicular access to street, whether the curb cut is for a driveway, a vehicle turnaround or a parking area.

2. Lots 75 feet wide or greater. The Director of Public Works may, in his or her discretion, issue a permit for one additional curb cut for vehicular access to any lot or parcel of land concerning which such application shall have been made if, upon investigation, the Director of Public Works finds that the construction and maintenance of the additional curb cut and the driveway, turnaround or parking access connected to it will not substantially impair, endanger or interfere with the public safety. In exercising such discretion the Director of Public Works shall consider the amount of pedestrian and vehicular traffic on the proposed driveway and on the street or sidewalk adjacent to the property sought to be connected with any street or thoroughfare. The Director of Public Works shall also consider the grade or elevation of the public street with which any such driveway is to be connected and the proximity of the property sought to be so connected to any street intersection, railroad or railway crossing, fire or police station, or school or church. The following standards shall also apply: (1) The minimum distance between a vehicular curb cut and the nearest return of the intersection of two streets shall be 50 feet, as measured at the curb line of the street; (2) the minimum distance between the pavement surface and any tree on public property shall be 10 feet.

E. Applicability of standards to existing driveways.




1. Driveways that are in existence prior to April 6, 2004, and that do not conform with this Section are permitted to be repaired or replaced as a means of providing repair and maintenance, provided that the area of such a driveway is not increased by more than 10 percent.

2. In the event that a new home is constructed on a property and the driveway does not comply with this section, the driveway shall be removed and replaced with a driveway which conforms with this section.

3. The area used for vehicular access or parking shall not exceed the limitations on front yard impermeable surface established by Section 17.30.030 of this Code.

F. Materials. That portion of the driveway extending from the property line or edge of the sidewalk to the street shall be paved with either Portland cement concrete, bituminous concrete or other hard surfaced pavement. That portion of the driveway which crosses any concrete sidewalk shall be constructed of Portland cement concrete, with a similar finish to that of the adjoining sidewalk. The portion of the driveway located on private property shall be paved, for a distance of at least twenty-four (24) inches from the property line, with either Portland cement concrete or the same arterial as the portion of the driveway that extends from the property line or edge of the sidewalk to the street. The use of metal edging strips in the construction, reconstruction, repair or resurfacing of any portion of a driveway located on public right-of-way, and on any portion of a driveway within twenty-four (24) inches of any public street, sidewalk or right-of-way is prohibited.

G. Grade. That portion of a driveway which crosses a sidewalk must be kept as nearly as possible at the same grade as the walk so as to avoid interference with pedestrian traffic.

H. Cutting Curbs. Whenever the construction of a driveway requires that a curb be broken or disturbed in any way, this work shall be done so as to avoid any injury to the curb remaining in place, which shall be rounded off and finished as prescribed by the Director of Public Works.

I. Drainage. No driveway shall be so constructed as to interfere with the drainage of the adjoining street, or so as to permit the forming of pools of water in the driveway.

J. Safety Measures. Adequate barriers and lights must be maintained whenever any sidewalk is obstructed by construction of a driveway to prevent injury to any pedestrians.

(Ord. MC-184-97 § 1, 1997; prior code § 7.16)

(MC-2-2004, Amended, 04/06/2004)

Section 12.12.030 Denial of Permit; Review of Denial

A. Denial of Permit; Review by Village Council. In the event the Director of Public Works, in his or her discretion, shall refuse to issue a permit for a driveway, his or her action in so refusing such permit shall be subject to review by the Village Council. Such review shall be requested within 10 days after the date of the denial.

B. Decision of Village Council on Review. If the Village Council finds that the construction and maintenance of any such driveway will not substantially impair, endanger or interfere with the public safety, it shall by resolution direct the issuance of a permit for a driveway of such




KScanlan

Typewritten Text

width and at such location as to the Council shall be considered proper in furtherance of public safety; otherwise a permit shall not be issued.

(MC-2-2004, Amended, 04/06/2004)





Title:

Presenter:



Item History:

Executive Summary:

Recommendation:

Attachments:

Intergovernmental Agreement with Village of Glencoe RegardingDisconnection/Annexation of Scott Avenue Split Lots

David Schoon, Community Development Director

11/20/2018

✔ ✔

None.

On November 20, 2018, the Village Council will discuss entering into an intergovernmental agreementwith the Village of Glencoe regarding the disconnection/annexation regarding certain parcels of land alongScott Avenue that are located partially in the Village of Glencoe and partially in the Village of Winnetka.

The Village recently received a petition from James Goodfellow, Jr. and Kristen Goodfellow as propertyowners of 1311 Scott Avenue (the “Applicants”) to annex that portion of their lot currently located inGlencoe into Winnetka. A portion of their lot is currently in Winnetka, the other portion is in Glencoe.

Attached is a staff report summarizing the Applicants' request, a history of these split lots along ScottAvenue, and the draft intergovernmental agreement.

Staff is looking for policy direction from the Village Council regarding its interest entering into anintergovernmental agreement with the Village of Glencoe regarding the disconnection and annexationof certain parcels of land along Scott Avenue that are located partially in the Village of Glencoe andpartially in the Village of Winnetka. If the Council is interested, a resolution authorizing entering intosuch an agreement would be placed on a future agenda for the Council’s consideration.

Staff ReportAttachment A: Draft Intergovernmental Agreement Pertaining to Certain Parcels of Land Located

Partially in the Village of Glencoe and Partially in the Village of Winnetka


COMMUNITY DEVELOPMENT DEPARTMENT

Page 1

MEMORANDUM VILLAGE OF WINNETKA

TO: VILLAGE COUNCIL

FROM: DAVID SCHOON, DIRECTOR

DATE: NOVEMBER 15, 2018

SUBJECT: INTERGOVERNMENTAL AGREEMENT PERTAINING TO CERTAIN PARCELS OF LAND LOCATED PARTIALLY IN THE VILLAGE OF GLENCOE AND PARTIALLY IN THE VILLAGE OF WINNETKA

INTRODUCTION On November 20, 2018, the Village Council will discuss entering into an intergovernmental agreement with the Village of Glencoe regarding the disconnection/annexation of certain parcels of land along Scott Avenue that are located partially in the Village of Glencoe and partially in the Village of Winnetka. A draft of the agreement is attached (Attachment A). The Village has received a petition from James Goodfellow, Jr. and Kristen Goodfellow as property owners of 1311 Scott (the “Applicants”) to annex that portion of their lot currently located in Glencoe into Winnetka. A portion of their lot is currently in Winnetka, the other portion is in Glencoe.

1311 Scott


As indicated on the map below, in addition to the 1311 Scott Avenue parcel, there are other properties along the north side of Scott Avenue between Grove Street and Gordon Terrace that remain partially within the Village of Glencoe and partially within the Village of Winnetka.

BACKGROUND Prior to 2006, a total of 58 single family lots had been partially within both communities. In 2006, the two villages entered into an intergovernmental agreement to establish a process by which property owners of these lots could request having each become wholly within the Village of Winnetka. The two villages invited property owners to participate in disconnecting part of their lots from Glencoe and annexing these portions to Winnetka. All but twelve of the property owners participated. The intergovernmental agreement has since expired in March 2009. CURRENT REQUEST The property at 1311 Scott Avenue is one of the twelve lots that remain split between the two villages. The new owners of the property request to disconnect a portion of their lot from Glencoe and annex it to Winnetka. We have been in conversations with Glencoe staff regarding this request. The Glencoe staff recently confirmed that its village board is agreeable to moving forward with an updated intergovernmental agreement to process such disconnections/annexations. The Village of Glencoe appears to be most interested in the property tax revenue sharing that occurred under the original agreement. Winnetka had agreed to reimburse Glencoe a portion of the property taxes that Glencoe would lose. The reimbursement would be for a period of five years as follows: the first year the reimbursement would be 100%; second year 80%, third year 60%, fourth year 40%, and fifth year 20%. It should be noted that the Village of Winnetka provides the following services to the properties along Scott Avenue: (a) electric service, (b) water, storm sewer, and sanitary sewer services, (c) maintenance of Scott Avenue, (d) refuse, recycling, and landscape waste disposal, and (e) police and fire first responders. The Village of Winnetka basically provides all municipal services to these lots. The disconnection/annexation process would be as follows:

A. Glencoe receives disconnection petition;

B. Glencoe forwards petition to Winnetka;

Corporate Limits Line


C. Petitioner prepares disconnection/annexation plat(s) and submits to Winnetka;

D. Winnetka reviews disconnection/annexation plat(s) for accuracy;

E. Winnetka prepares disconnection ordinance;

F. Winnetka delivers ordinance, plats, and reimbursement calculations to Glencoe;

G. Upon passage of disconnection ordinance, Glencoe sends certified copy of disconnection

ordinance and executed plats to Winnetka;

H. Upon passage of annexation ordinance, Winnetka sends certified copy of annexation ordinance

to Village of Glencoe;

I. Winnetka files annexation and disconnection with County Recorder; and

J. Winnetka delivers date- and file-stamped recorded copies to Glencoe.

Other components of the draft agreement include:

1. As previously stated, Winnetka would reimburse Glencoe property taxes for a period of 5 years

(100%, 80%, 60%, 40%, and 20%).

2. Petitioners would assume all costs related to effectuating the disconnection and annexation,

including:

a. The cost of preparing ordinances for both villages,

b. The cost of preparing the necessary plats of disconnect, and

c. The cost of recording the documents

(Note: Under 2006 agreement, the Village of Winnetka was responsible for all of these

costs.)

3. The agreement between the two villages would be good for a period of ten years.

4. Disconnections/annexations would be voluntary.

5. Winnetka agrees to continue to provide the current utility and municipal services to all of the

remaining split lots.

SUMMARY Staff is looking for policy direction from the Village Council regarding its interest in entering into an intergovernmental agreement with the Village of Glencoe regarding the disconnection and annexation of certain parcels of land along Scott Avenue that are located partially in the Village of Glencoe and partially in the Village of Winnetka. If the Council is interested, a resolution authorizing entering into such an intergovernmental agreement will be placed on a future agenda for the Council’s consideration. Should the Village Council, as well as the Glencoe Village Board, authorize entering in such agreement; Village staff will then work with the Applicants regarding the processing of its disconnection/annexation request. ATTACHMENTS Attachment A: Draft Intergovernmental Agreement Pertaining to Certain Parcels of Land Locate Partially in the Village of Glencoe and Partially in the Village of Winnetka


- 1 -

EXHIBIT 1

INTERGOVERNMENTAL AGREEMENT

PERTAINING TO CERTAIN PARCELS OF LAND

LOCATED PARTIALLY IN THE VILLAGE OF GLENCOE

AND PARTIALLY IN THE VILLAGE OF WINNETKA

THIS AGREEMENT, dated as of this _____ day of ________________, 2018

(“Effective Date”), by and between the VILLAGE OF GLENCOE, an Illinois municipal

corporation created and existing under the laws of the State of Illinois, and the VILLAGE OF

WINNETKA, an Illinois municipal corporation created and existing under the laws and

Constitution of the State of Illinois, and from time to time referred to collectively as the

“Parties”:

W I T N E S S E T H:

WHEREAS, the Village of Glencoe is an Illinois chartered municipality located in Cook

County, Illinois, with its principal office at 675 Village Court, Glencoe, Illinois 60022; and

WHEREAS, the Village of Winnetka is an Illinois chartered municipality located in

Cook County, Illinois, with its principal office at 510 Green Bay Road, Winnetka, Illinois 60093;

and

WHEREAS, the Village of Winnetka is also a home rule unit pursuant to Article VII,

Section 6 of the 1970 Constitution of the State of Illinois; and

WHEREAS, the southern boundary of the Village of Glencoe is contiguous with the

northern boundary of the Village of Winnetka; and

WHEREAS, prior to 2007 there were 58 single-family residential parcels of property

located between Gordon Terrace and Grove Street, along the north side of Scott Avenue in the

Village of Winnetka (“Split Lots”); and


- 2 -

WHEREAS, due to an apparent discrepancy in the original platting of the area, all the

Split Lots were located partially in the Village of Winnetka and partially in the Village of

Glencoe, with the front portion of each of the Split Lots being located in the Village of Winnetka

("Winnetka Portion") and the rear portion of each of the Split Lots being located in the Village of

Glencoe ("Glencoe Portion"); and

WHEREAS, the Glencoe Portions of the Split Lots were contiguous to the Winnetka

Portions of the Split Lots; and

WHEREAS, the Village of Glencoe and the Village of Winnetka entered into that certain

“Intergovernmental Agreement Pertaining to Certain Parcels of Land Located Partially in the

Village of Glencoe and Partially in the Village of Winnetka” dated September 7, 2006 (the

“IGA”) whereby the Village of Glencoe would, upon request of the affected homeowner, consent

to the disconnection of the Glencoe Portions of the Split Lots from the Village of Glencoe and

the annexation of those portions of the Split Lots to the Village of Winnetka, and the Village of

Winnetka would reimburse the Village of Glencoe for a portion of the real estate tax revenues

that the Village of Glencoe will lose from such disconnection and annexation, all as set forth in

full in the IGA; and

WHEREAS, pursuant to the IGA, on ________, ______, the Village of Glencoe adopted

Ordinance ______, An Ordinance Disconnecting Certain Territory from the Village of Glencoe

Subject to its Annexation to the Village of pursuant to Section 7-1-24 of the Illinois Municipal

Code, and on January 16, 2007, Village of Winnetka adopted Ordinance M-1-2007, An

Ordinance Annexing Certain Territory from the Village of Glencoe Subject to its Annexation to

the Village of pursuant to Section 7-1-24 of the Illinois Municipal Code (collectively, the

“Disconnection and Annexation Ordinances”; and


- 3 -

WHEREAS, the Disconnection and Annexation Ordinances disconnected the front

portions of 46 of the Split Lots from the Village of Glencoe and annexed them into the Village of

Winnetka, and

WHEREAS, twelve of the Split Lots (“Remaining Split Lots”) remain split with a

portion of each in the Village of Glencoe and the Village of Winnetka, which Remaining Split

Lots are listed in Exhibit A; and

WHEREAS, the two villages have recently received a petition from one of the

Remaining Split Lots to have its Glencoe Portion disconnected from the Village of Glencoe and

annexed to the Village of Winnetka; and

WHEREAS, Section 7-1-24 of the Illinois Municipal Code, 65 ILCS 5/7-1-24,

establishes a procedure whereby property can be disconnected by ordinance from one

municipality and annexed by ordinance to a contiguous municipality upon a petition properly

executed by at least one-half of the owners of record and one-half of the electors of such

property; and

WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., provides

that any power or powers, privileges or authority that are exercised or that may be exercised by a

unit of local government, may be exercised jointly with another unit of local government; and

WHEREAS, the Parties desire to continue to cooperate in the adjustment of the

boundaries between the Village of Glencoe and the Village of Winnetka by eliminating the

Remaining Split Lots when desired by the owners of such Remaining Split Lots; and

WHEREAS, the Parties have determined that their cooperation in the adjustment of the

boundaries of the Remaining Split Lots, as provided in this intergovernmental agreement


- 4 -

(hereinafter the “Agreement”) will aid the governmental objectives of the Village of Glencoe and

the Village of Winnetka, and is for the benefit of their respective communities.

NOW, THEREFORE, for and in consideration of the mutual promises and covenants

hereinafter set forth, the Village of Glencoe and the Village of Winnetka agree as follows:

SECTION 1: Recitals. The foregoing recitals are adopted as findings and are

incorporated in this Agreement by reference, as if stated fully herein.

SECTION 2: Procedures for Disconnection and Annexation. Upon receiving any

petition from a Petitioner seeking the disconnection of the Glencoe Portions of one or more of

the Remaining Split Lots from the Village of Glencoe and the annexation of those portions to the

Village of Winnetka pursuant to and in accordance with Section 7-1-24 of the Illinois Municipal

Code, the Village of Glencoe and the Village of Winnetka shall promptly take the following

actions:

A. The Village of Glencoe shall send a copy of the petition to the Village of Winnetka.

B. The Village of Winnetka shall prepare an ordinance disconnecting from the Village of

Glencoe only the Glencoe Portions of the Remaining Split Lots for which the petition has been

received (the "Subject Territory"). The disconnection of the Subject Territory shall be subject to

the annexation of the Subject Territory by the Village of Winnetka in accordance with the terms

and conditions of this Agreement. The disconnecting ordinance shall be substantially in the form

attached to this Agreement as Exhibit B.

C. The Petitioner shall prepare, and the Village of Winnetka shall review for accuracy,

for recording with the Cook County Recorder of Deeds such plats as may be necessary to

document the disconnection and annexation of the Subject Territory.

D. The Village of Winnetka shall calculate the amounts to be reimbursed to the Village


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of Glencoe, as provided in Section 4 of this Agreement.

E. The Village of Winnetka shall deliver the ordinance, plats and reimbursement

calculations to the Village of Glencoe, which shall schedule the disconnection of the Subject

Territory for action at a regular meeting of the corporate authorities of the Village of Glencoe

scheduled no more than 45 days after the delivery of the ordinance, plats, and reimbursement

calculations.

F. Upon passage of the disconnection ordinance, the Village of Glencoe shall deliver a

certified copy of the disconnection ordinance to the Village of Winnetka, along with the duly

executed plats. The Village of Winnetka shall schedule the annexation of the Subject Territory

for action at a regular meeting of the Corporate Authorities of the Village of Winnetka scheduled

no more than 45 days after the delivery of the ordinance and plats.

G. Upon passage of the annexation ordinance, the Village of Winnetka shall send a

certified copy of the annexation ordinance to the Village of Glencoe.

H. The Village of Winnetka shall file all necessary documentation of the disconnection

and annexation for recording with the Cook County Recorder of Deeds, within the time period

required by Section 7-1-24 of the Illinois Municipal Code. The Parties shall cooperate in the

preparation and execution of all necessary documentation to assure the timely recording of the

disconnection and annexation.

I. The Village of Winnetka shall deliver date- and file-stamped copies of the recorded

documents to the Village of Glencoe.

SECTION 3: Multiple Petitions. The Parties acknowledge and agree that they may

receive multiple petitions regarding the various Remaining Split Lots and that the procedures set

forth in Section 2 of this Agreement shall apply to each such petition.


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SECTION 4: Property Tax Reimbursement Calculation and Schedule. The

Village of Winnetka agrees to reimburse the Village of Glencoe a portion of the taxes derived

from the Subject Territory for every petition received prior to Expiration Date (as defined in

Section 6), according to the following formula and schedule:

A. The Village of Winnetka shall use the Permanent Index Numbers (PINs) and records

of the Cook County Treasurer to calculate the amount of general real estate taxes levied against

the Subject Territory by the Village of Glencoe in the most recent calendar year for which such

information is available (the "Base Amount").

B. The Village of Winnetka shall make five successive annual tax reimbursement

payments to the Village of Glencoe. The first payment shall be due 30 days after the property

tax payment due date shown on the second set of semi-annual property tax bills issued to the

Subject Territory for payment to the Village of Winnetka. The four subsequent reimbursement

payments shall each be due 30 days after the tax payment due date shown on the property tax

bills for the corresponding property tax installment in each of the next four years.

C. The five tax reimbursement payments to the Village of Glencoe shall be in the

following amounts:

1. Payment 1: 100% of the Base Amount





SECTION 5: Costs. The Petitioner shall assume all costs related to effectuating the

requested disconnection and annexation, including the costs of preparing ordinances for both the

Village of Glencoe and the Village of Winnetka, the costs of preparing the necessary plat of


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disconnection and annexation, and the cost of recording the necessary documents with the Cook

County Recorder of Deeds.

SECTION 6: Applicability and Term of Agreement. This Agreement shall remain

in effect until 5:00 p.m. on the date that is 10 years from the Effective Date (“Expiration Date”);

provided, however, that, to the extent that any petition for disconnection and annexation of a

Remaining Split Lot pursuant to Section 7-1-24 of the Illinois Municipal Code is received before

5:00 p.m. on the Expiration Date, all of the parties’ rights and responsibilities arising under

Sections 2 through 5 of this Agreement as a result of the filing of such petition, shall remain in

full force and effect until they have been fully discharged.

SECTION 7: Effect of Agreement; No Prejudice to Parties or Property Owners.

The Parties acknowledge and agree that the decision of the owners of the Remaining Split Lots

as to whether or not to petition for a change in the corporate boundary between the Village of

Glencoe and the Village of Winnetka shall be entirely voluntarily. The Village of Glencoe and

the Village of Winnetka therefore agree as follows:

A. The Village of Winnetka will continue to provide utility and municipal services,

including water, electric, police and fire services, to all of the Remaining Split Lots, subject to

the same terms and conditions all such services are provided to residents of the Village of

Winnetka, regardless of whether the owners have petitioned for a boundary change; provided,

however, that this provision is not intended to create any third party contractual rights to such

services and shall not be so construed.

B. This Agreement is not intended to amend any duly authorized, existing

intergovernmental agreements between the Parties, including without limitation any agreement

for mutual aid or reciprocal services, and it shall not be so construed.


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IN WITNESS WHEREOF, the Parties hereto have executed or have caused this

instrument to be executed by their proper officers duly authorized to execute same.

VILLAGE OF GLENCOE

ATTEST: By: Village President

Village Clerk

VILLAGE OF WINNETKA

ATTEST: By: Village President

Village Clerk


EXHIBIT A

REMAINING SPLIT LOTS

ADDRESS WINNETKA PIN # GLENCOE PIN #

1133 SCOTT AVE 05-17-107-053-0000 05-17-107-058-0000

1149 SCOTT AVE 05-17-107-051-0000 05-17-107-039-0000

1163 SCOTT AVE 05-17-107-049-0000 05-17-107-037-0000

1183 SCOTT AVE 05-17-107-071-0000 05-17-107-070-0000

1205 SCOTT AVE 05-17-106-040-0000 05-17-106-032-0000

1215 SCOTT AVE 05-17-106-039-0000 05-17-106-031 -0000

1219 SCOTT AVE. 05-17-106-038-0000 06-17-106-030-0000

1243 SCOTT AVE 96-17-106-046-0000 05-17-106-044-0000

1311 SCOTT AVE 05-18-215-026-0000 05-18-215-016-0000

1405 SCOTT AVE 05-18-213-034-0000 06-18-213-023-0000

1453 SCOTT AVE 05-18-213-025-0000 05-18-213-014-0000

1515 SCOTT AVE 05-18-212-039-0000

05-18-212-026-0000

05-18-212-037-0000

05-18-212-014-0000


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EXHIBIT B

AN ORDINANCE DISCONNECTING CERTAIN TERRITORY

FROM THE VILLAGE OF GLENCOE SUBJECT TO ITS ANNEXATION TO THE VILLAGE OF WINNETKA

PURSUANT TO SECTION 7-1-24 OF THE ILLINOIS MUNICIPAL CODE

WHEREAS, a written petition has been filed with the Village Clerk of the Village of Glencoe, Cook County, Illinois, requesting that the property located at the address commonly known as __________________, and legally described in Exhibit A (“Subject Property”) be disconnected from the Village of Glencoe and annexed to the Village of Winnetka (the "Petition"), pursuant to Section 7-1-24 of the Illinois Municipal Code, 65 ILCS 5/7-1-24; and

WHEREAS, the Petition is signed by at least 50% of the owners of record of the Subject Property; and

WHEREAS, there are a total of _____ registered voters on the Subject Property, and the Petition has been signed by at least 50% of those registered voters; and

WHEREAS, the Subject Property is a single-family residential parcel that lies along the north side of Scott Avenue between Gordon Terrace and Grove Street and is located partially in the Village of Winnetka and partially in the Village of Glencoe; and

WHEREAS, all of the Subject Property is located in incorporated territory, with the front portion of the Subject Property being located in the Village of Winnetka ("Winnetka Portion") and the rear portion of the Subject Property being located in the Village of Glencoe ("Glencoe Portion"); and

WHEREAS, the Glencoe Portion of the Subject Property is contiguous to the Winnetka Portion of the Subject Property; and

WHEREAS, all of the Subject Property has a Winnetka mailing address; and

WHEREAS, all of the Subject Property is connected to the Village of Winnetka's electric distribution system and receives electrical service from the Village of Winnetka's municipal electric utility; and

WHEREAS, all of the Subject Property is connected to the Village of Winnetka's water, storm sewer and sanitary sewer systems and receives all such services from the

Village of Winnetka's municipal water utility and municipal storm and sanitary sewer systems; and

WHEREAS, Scott Avenue is a dedicated public right-of-way in the Village of Winnetka and the Village of Winnetka paves, cleans, plows and otherwise maintains the street and sidewalks within the Scott Avenue right-of-way; and

WHEREAS, all of the street lights in the Scott Avenue right-of-way are owned by the Village of Winnetka and are powered by electricity from the Village of Winnetka's municipal electric utility; and


________, 2018 - 2 - R-___- 2018

Exhibit 1 - B

WHEREAS, all of the Subject Property also receives refuse removal, recycling, landscape waste disposal and street lights from the Village of Winnetka or its contractors; and

WHEREAS, all "911" emergency calls from the Subject Property for fire, ambulance, rescue and other emergency services are received by the Village of Winnetka's emergency dispatch center; and

WHEREAS, the Village of Winnetka's Police and Fire Departments are the first responders for all "911" emergency calls for fire, ambulance, rescue and other emergency services at the Subject Property; and

WHEREAS, the Village of Glencoe levies property taxes against the Glencoe Portion of the Subject Property and annually receives approximately $_____________ in

general real estate taxes from the Glencoe Portion of the Subject Property; and

WHEREAS, the Village of Winnetka levies property taxes against the Winnetka Portion of the Subject Property and annually receives approximately $__________ in general real estate taxes from the Winnetka Portion of the Subject Property; and

WHEREAS, the Village of Glencoe acknowledges that the Petitioners believe that they have more contacts with the Village of Winnetka, and the Village of Glencoe desires to cooperate with the Petitioners, who wish to disconnect the Subject Property from the Village of Glencoe and annex the portion of the Subject Property currently located within the Village of Glencoe to the Village of Winnetka; and

WHEREAS, Section 7-1-24 of the Illinois Municipal Code, 65 ILCS 5/7-1-24, establishes a procedure whereby property can be disconnected by ordinance from one municipality and annexed by ordinance to a contiguous municipality; and

WHEREAS, the disconnection of the Glencoe Portion of the Subject Property (the "Subject Territory") from the Village of Glencoe, and the annexation of the Subject Territory to the Village of Winnetka, will not result in the isolation of any part of the Village of Glencoe from the remainder of the Village of Glencoe; and

WHEREAS, the disconnection of the Subject Territory from the Village of Glencoe, and the annexation of the Subject Territory to the Village of Winnetka, will not leave any unincorporated territory between the Village of Glencoe and the Village of Winnetka; and

WHEREAS, the disconnection of the Subject Territory from the Village of Glencoe, and the annexation of the Subject Territory to the Village of Winnetka will not disrupt any of the Village of Glencoe's existing municipal facilities or any municipal services provided by the Village of Glencoe; and

WHEREAS, the Village of Winnetka has acknowledged that the Village of Glencoe will lose the real estate tax revenues that have been received from the Subject Territory if it is disconnected from the Village of Glencoe and annexed to the Village of Winnetka; and


________, 2018 - 3 - R-___- 2018

Exhibit 1 - B

WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., provides that any power or powers, privileges or authority that are exercised or that may be exercised by a unit of local government, may be exercised jointly with another unit of local government; and

WHEREAS, the Village of Glencoe and the Village of Winnetka have entered into a certain agreement, entitled "Intergovernmental Agreement Pertaining to Certain Parcels of Land Located Partially in the Village of Glencoe and Partially in the Village of Winnetka" and dated ______________, 2018 (the "Intergovernmental Agreement"), whereby the Village of Glencoe agrees to consent to the disconnection of the Subject Territory from the Village of Glencoe and the annexation of the Subject Territory to the Village of Winnetka, and the Village of Winnetka agrees to reimburse the Village of Glencoe for a portion of the real estate tax revenues that the Village of Glencoe will lose from the disconnection of the Subject Territory, subject to the terms and

conditions set forth in the Intergovernmental Agreement; and

WHEREAS, the corporate authorities of the Village of Glencoe find that disconnecting the Subject Territory from Glencoe, and annexing it to the Village of Winnetka, as provided in the Intergovernmental Agreement will aid the governmental objectives of the Village of Glencoe and the Village of Winnetka and is for the benefit of their respective communities.

NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Glencoe, Cook County, Illinois, as follows:

SECTION 1: That the foregoing recitals are adopted as the legislative findings of the President and Board of Trustees of the Village of Glencoe, and are incorporated by reference as if stated fully herein.

SECTION 2: That the following described territory:

[Note: Legal description and PINs of the Glencoe

Portions of Petitioners' Properties to be inserted here]

being depicted on the Plat of Disconnection and Annexation that is appended to and made a part of this Ordinance, is hereby disconnected from the Village of Glencoe, Cook County, Illinois; provided, however, that such disconnection shall not be effective until the adoption by the Village of Winnetka, Cook County, Illinois, and effective date of the ordinance annexing the Subject Terriotry in accordance with the terms of that certain Intergovernmental Agreement.

SECTION 3: That the Village President and Village Clerk are hereby authorized and directed to affix their official signatures to the Plat of Disconnection and Annexation that is appended to this Ordinance.

SECTION 4: That the Village Clerk is hereby directed to deliver the original Plat of Disconnection and Annexation, along with a certified copy of this Ordinance, to the Village Clerk of the Village of Winnetka.


________, 2018 - 4 - R-___- 2018

Exhibit 1 - B

SECTION 5: That the Village President and Village Clerk are hereby authorized and directed to take such other steps as may be necessary to effectuate the disconnection of the Subject Territory in accordance with the terms of this Ordinance and the Intergovernmental Agreement.

SECTION 6: That this Ordinance shall be in full force and effect from and after its passage and publication in pamphlet form as provided by law.

PASSED this _____ day of ______, 2018

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED this _____ day of _______, 2018

____________________________________ Lawrence R. Levin

Village President ATTEST: _________________________________ Philip A. Kiraly Village Clerk Published in pamphlet form this ____ day of _________________, 2018 ______________________________________ Philip A. Kiraly

Village Clerk Approved as to form.

______________________________________ Village Attorney


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