Village of East Dundee - Board Meeting Agenda - 04/08/2019 Call to Order Roll Call Pledge of Allegiance Village of East Dundee PRESIDENT AND BOARD OF TRUSTEES Special Meeting Monday, April 8, 2019 06:00 PM Police Station 2nd Floor Meeting Room 115 E. 3rd Street, East Dundee, Illinois 60118 Public Comment: Agenda items only - Please keep comments to 5 minutes or less Consent Agenda A. Motion To Approve the Budget Workshop Meeting Minutes Dated March 11, 2019 B. Motion To Approve A Resolution Of The Village Of East Dundee, Cook And Kane Counties, Illinois, Approving A Second Amendment To The Contract For Unlimited Residential Refuse, Recycling And Yard Waste Collection Service With Flood Brothers And The Village Of East Dundee C. Motion To Approve An Ordinance Of The Village Of East Dundee, Cook And Kane Counties, Illinois Amending Ordinance 17-40 (Garbage And Refuse Sunset Date Extension And Rates) D. Motion To Approve An Ordinance Of The Village Of East Dundee, Cook And Kane Counties, Illinois Approving A Variation For Front Yard Setback For The Property At 811 E. Main Street E. Motion To Approve An Ordinance Of The Village Of East Dundee, Cook And Kane Counties, Illinois Approving A Variation For Rear Yard Setback For The Property At 811 E. Main Street Old Business New Business Financial Reports Reports: Village President Reports: Village Trustees Reports: Village Administrator Reports: Village Attorney Reports: Village Engineer Reports: Chief of Police Reports: Director of Public Works Reports: Building Official http://www.eastdundee.net/edapps/vwide/edbdagens.nsf/webmain/79c34e69907a46c5862583d30071e2ad?opendocument[4/5/2019 3:44:51 PM]
Village of East Dundee - Board Meeting Agenda - 04/08/2019 Reports: Finance Director Public Comment - Please keep comments to 5 minutes or less Executive Session Closed to the public and media under the provisions of the Illinois Open Meetings Act, 5ILCS, 120/2, (c)(21) Discussion of Minutes, (c)(11) Pending Litigation, (c)(1) Personnel, (c)(5) Acquisition of Property and (c)(6) Sale of Property. Adjournment http://www.eastdundee.net/edapps/vwide/edbdagens.nsf/webmain/79c34e69907a46c5862583d30071e2ad?opendocument[4/5/2019 3:44:51 PM]
Special Budget Workshop Meeting Village of East Dundee Kane County, Illinois March 11, 2019 1 CALL TO ORDER President Miller calls to order the Village of East Dundee Special Budget Workshop Meeting at 5:00 p.m. ROLL CALL: Trustees Lynam, Selep, Wood, Mahony, Andresen and President Miller. Trustee Hall was absent. Also in attendance Village Administrator Jennifer Johnsen, Assistant Village Administrator Brad Mitchell, Chief of Police George Carpenter, Lieutenant Michael Governale, Interim Finance Director Mollly Talkington, Public Works Director Phil Cotter, Building Inspector Chris Ranieri, Management Analyst Tyler Grace, Village Engineer Joe Heinz and Village Clerk Katherine Holt. PUBLIC COMMENT (Agenda Items only): None OLD BUSINESS: None NEW BUSINESS: A. Budget Workshop Administrator Johnsen gave a strategic planning goals presentation to the Village Board and department heads. She said that part of the benefit of the strategic plan is to use it to target and pinpoint the projects and initiatives for the coming fiscal year. She then gave an overall budget summary and a summary on the major fund accounts. Next, each department head gave a short budget summary and presentation of their department. Trustee Hall arrived to the meeting at 6:00 p.m. After discussion and consideration, there was consensus of the Board to add $5,000 to the budget for the Community Events Committee to decide how to use it, if needed, for Saturday events. There was also consensus to fund AEDs in squad cars, increase the downtown depot/culinary district signage from $35,000 to $50,000, dedicate video gaming revenue to the Capital Improvement Plan, staff an additional police officer, consolidate funds and adjust water and sewer rates. PUBLIC COMMENT (Non Agenda Items): None EXECUTIVE SESSION: Yes The Budget Workshop adjourned to Executive Session for (c)(1) Personnel at 8:54 pm. Respectfully Submitted, Katherine Holt By: Village President, Lael Miller Attest: Village Clerk, Katherine Holt
To: CC: From: Subject: Date: April 8, 2019 Village of East Dundee Memorandum Village President and Board of Trustees Jennifer Johnsen, Village Administrator Brad Mitchell, Assistant Village Administrator Flood Brothers Contract Rate Structure As a result of resident and Board concerns over the current rate structure for the Village s refuse and recycling contract, staff contacted the Village s refuse hauler to open up discussion regarding potential changes. As a result of that initial discussion, Flood Brothers submitted a proposal on November 28, 2018 outlining a pricing model based upon cart size. In addition to creating a new pricing model, Flood Brothers also offered to institute a new discounted rate structure for seniors, with the requirement that a 35 gallon cart is used. The proposed rate structures, which represent a significant reduction of approximately 13% for the average household, can be seen in the chart below. The new rates would be effective starting on June 1, 2019 and would be reflected on the July 31, 2019 water bills. Upon acceptance of the amendment, the rate would hold constant through 2021. After 2021, the rate would be subject to an annual increase equal to CPI for the remainder of the contract. In exchange for the change in rate structure and a reduction of the cost, Flood Brothers is requesting an additional three year extension of the contract, making the refuse contract effective until September 30, 2025. Current Rates New Rates 95 Gallon Trash Cart N/A $19.75 65 Gallon Trash Cart $21.20 $18.75 35 Gallon Trash Cart N/A $16.75 35 Gallon Trash Cart - Senior N/A $13.75 Bulk Items Included Included Yard Waste Stickers Included Included White Goods Included Included Cart Swap Out Fee* N/A $10.00 Additional Cart Rental $2.00 $2.00 Food Compost N/A $4.00 *Would apply only after initial grace period. As noted in the chart, Flood Brothers would institute a grace period ending on December 31 st, 2019 during which residents could switch carts to meet the needs of their household. In addition, the new proposal would institute the creation of an opt-in food composting service that would operate from the first Wednesday in April until the last Wednesday in November. From
December to March, food composting services would be unavailable due to the closure of the compost processing facilities. To coincide with the approval of the amended contract with Flood Brothers, the Village must also amend Ordinance 17-40 to reflect the new refuse rates. Also, per direction and interest of the Village Board, the automatic sunset provision for Ordinance 17-40 shall be extended to April 30, 2020. In the past, it was in the interest of the Village Board to annually review the refuse rates ordinance. Also, per the interest of the Village Board and in addition to the senior rate being offered by Flood Brothers, the Village will continue the 25% senior discount program. This discount will apply regardless of cart size. Please note that this discount is offered by the Village and is separate from the contract amendment with Flood Brothers. Monthly Senior Cost Current Senior Discount $14.93 95 Gal Cart: $14.81 New Senior Discount 65 Gal Cart: $14.06 35 Gal Cart: $10.31 Staff Recommendation: Action Requested: Staff recommends approval of the amendment to the existing refuse contract with Flood Brothers incorporating multiple rate structures and extending refuse contract for three years to 2025. Discussion and a motion to approve a Resolution Authorizing a Second Amendment to the Contract for Unlimited Residential Refuse, Recycling and Yard Waste Collection Service with Flood Brothers and the Village of East Dundee. Discussion and a motion to approve an Ordinance Amending Ordinance 17-40, Garbage and Refuse Sunset Date Extension and Rates. Attachment: Second Amendment to the Contract for Unlimited Residential Refuse, Recycling and Yard Waste Collection Service with Flood Brothers and the Village of East Dundee. Ordinance Amending Ordinance 17-40, Garbage and Refuse Sunset Date Extension and Rates.
RESOLUTION NUMBER -19 A RESOLUTION OF THE VILLAGE OF EAST DUNDEE, COOK AND KANE COUNTIES, ILLINOIS, APPROVING A SECOND AMENDMENT TO THE CONTRACT FOR UNLIMITED RESIDENTIAL REFUSE, RECYCLING AND YARD WASTE COLLECTION SERVICE WITH FLOOD BROTHERS AND THE VILLAGE OF EAST DUNDEE WHEREAS, the Village of East Dundee ( Village ) is a home rule unit of local government pursuant to Section 6 of Article VII of the Constitution of the State of Illinois, and has the authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, on August 20, 2012, the Village President and Board of Trustees approved Resolution 29-12, entitled Resolution Approving A Contract For Unlimited Residential Refuse, Recycling, And Yard Waste Collection Service With Flood Brothers And The Village Of East Dundee For Waste Services To Commence October 1 st, 2012 And Terminating On September 30 th, 2016 ( Resolution 29-12 ); and WHEREAS, Resolution 29-12 approved a Contract For Unlimited Residential Refuse, Recycling And Yard Waste Collection Service With Flood Brothers And The Village Of East Dundee For Waste Services To Commence October 1st, 2012 And Terminating On September 30th, 2016 ( Agreement ) by and between the Village and Flood Bros Disposal Co. ( Flood Brothers ); and WHEREAS, on June 20, 2016, the Village President and Board of Trustees approved Resolution 16-16, entitled A Resolution Of The Village Of East Dundee, Illinois Approving A Contract Extension With Flood Brothers For Residential Refuse, Recycling And Yard Waste Collection Service ( Resolution 16-16 ); and WHEREAS, Resolution 16-16 approved Contract Extension For Garbage, Refuse, Recycling And Yard Waste Collection ( First Amendment ); and WHEREAS, the Village and Flood Brothers desire to further amend the Agreement, as amended by the First Amendment, to extend its term to September 30, 2025, and to obtain more favorable pricing for Village residents, among other things; and WHEREAS, it is deemed necessary and desirable for the Village to approve and enter into an amendment to the Agreement, as amended by the First Amendment, as set forth in the Second Amendment To The Contract For Unlimited Residential Refuse, Recycling And Yard Waste Collection Service With Flood Brothers And The Village Of East Dundee, attached hereto as Exhibit A and made a part hereof ( Second Amendment ); 412650_1 1
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF EAST DUNDEE, COOK AND KANE COUNTIES, ILLINOIS, AS FOLLOWS: SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section and made a part hereof as material and operative provisions of this Resolution. SECTION 2: Approval. That the Village President and Board of Trustees authorize and approve the Second Amendment. The Village President and Village Clerk are authorized and directed to execute the Second Amendment, and the Village President, Village Administrator and Village Clerk are authorized to execute such other documents as are necessary to fulfill the Village s obligations under the Second Amendment. SECTION 3: Severability. That if any Section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. SECTION 4: Repeal. That all resolutions, motions or parts thereof in conflict with this Resolution shall be and the same are hereby repealed. SECTION 5: Publication. That this Resolution shall be in full force and effect forthwith upon its adoption, approval and publication in pamphlet form as provided by law. ADOPTED this day of, 2019, pursuant to a roll call vote as follows: AYES: NAYES: ABSENT: APPROVED by me this day of, 2019. ATTEST: Lael Miller, Village President Katherine Holt, Village Clerk 412650_1 2
Published in pamphlet form this day of, 2019, under the authority of the Village President and Board of Trustees. Recorded in the Village records on, 2019. 412650_1 3
EXHIBIT A SECOND AMENDMENT TO THE CONTRACT FOR UNLIMITED RESIDENTIAL REFUSE, RECYCLING AND YARD WASTE COLLECTION SERVICE WITH FLOOD BROTHERS AND THE VILLAGE OF EAST DUNDEE (attached) 412650_1 4
SECOND AMENDMENT TO THE CONTRACT FOR UNLIMITED RESIDENTIAL REFUSE, RECYCLING AND YARD WASTE COLLECTION SERVICE WITH FLOOD BROTHERS AND THE VILLAGE OF EAST DUNDEE THIS SECOND AMENDMENT TO THE CONTRACT FOR UNLIMITED RESIDENTIAL REFUSE, RECYCLING AND YARD WASTE COLLECTION SERVICE WITH FLOOD BROTHERS AND THE VILLAGE OF EAST DUNDEE ( Second Amendment ) is entered into this day of, 2019 ( Effective Date ), by and between the Village of East Dundee, Illinois, an Illinois municipal corporation ( Village ), and Flood Bros Disposal Co., an Illinois corporation ( Contractor ). PREAMBLES WHEREAS, the Village and the Contractor entered into a Contract For Unlimited Residential Refuse, Recycling And Yard Waste Collection Service With Flood Brothers And The Village Of East Dundee For Waste Services To Commence October 1st, 2012 And Terminating On September 30th, 2016 on August 20, 2012 ( Agreement ), wherein the Contractor agreed to provide refuse, recycling and yard waste collection services in the Village; and WHEREAS, the Village and the Contractor entered into a Contract Extension For Garbage, Refuse, Recycling And Yard Waste Collection on June 20, 2016 ( First Amendment ), which, among other things, extended the term of the Agreement from September 30, 2016 through September 30, 2022; and WHEREAS, the Village and the Contractor desire to further amend the Agreement, as amended by the First Amendment, with regard to pricing and term; and 411057_1 1
WHEREAS, it is in the best interests of the Village and the Contractor to amend the Agreement, as amended by the First Amendment, on the terms set forth in this Second Amendment; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants, representations and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Village and the Contractor, the parties hereto agree as follows: Section 1. Incorporation of Recitals The parties agree that all of the recitals contained in the Preambles to this Second Amendment are true and correct and are hereby incorporated into this Second Amendment as though they were fully set forth in this Section 1. Section 2. Second Amendment to Agreement The Agreement, as amended by the First Amendment, is hereby amended as follows: (a) By adding Section 1.C. to the First Amendment, which shall read in its entirety as follows: The Contractor agrees perform under the Bid Specifications, as amended by the Agreement, the First Amendment and Second Amendment, through September 30, 2025. (b) By amending Section 2 of the First Amendment to read in its entirety as follows: The Bid Proposal Form in the Bid is amended to add to the chart of the TOTAL OF UNLIMITED REFUSE, RECYCLING & YARD WASTE THE FOLLOWING: June 1, 2019 through September 30, 2021 Per Month Charges 95 Gallon Trash Cart $19.75 65 Gallon Trash Cart $18.75 411057_1 2
35 Gallon Trash Cart $16.75 35 Gallon Trash Cart Senior $13.75 October 1, 2021 through September 30, 2022 Same Per Month Charges As Above, Increased by CPI* October 1, 2022 through September 30, 2023 Same Per Month Charges As Above, Increased by CPI* October 1, 2023 through September 30, 2024 Same Per Month Charges As Above, Increased by CPI* October 1, 2024 through September 30, 2025 Same Per Month Charges As Above, Increased by CPI* * The Consumer Price Index ( CPI ) rate shall be the CPI for all urban consumers in the Chicago-Naperville-Elgin, Illinois-Indiana-Wisconsin area for the twelve months before October 1 of the year in question, which rate shall not be less than one and one-half percent (1.5%) and not greater than three percent (3%). Each CPI increase shall be applied to the per month charges then in effect. June 1, 2019 through September 30, 2025 Per Item Cart Swap Out Fee $10.00* Additional Cart Rental $2.00 Food Compost April through November $4.00 Bulk Items No Charge Yard Waste Stickers No Charge White Goods No Charge * The cart swap out fee will not be charged for cart swap outs requested before December 31, 2019. Section 3. Continuing Effect All parts of the Agreement, as amended by the First Amendment, not amended herein shall remain in full force and effect. In the event of any conflict between the terms 411057_1 3
of this Second Amendment, the Agreement and the First Amendment, the terms of this Second Amendment shall prevail and control. Section 4. Effective Date The Effective Date of this Second Amendment shall be the date on which the last of the parties executes this Second Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their duly authorized officers on the above date at East Dundee, Illinois. VILLAGE: Village of East Dundee, an Illinois municipal corporation Attest: By: President Village Clerk Attest: By: CONTRACTOR: FLOOD BROS DISPOSAL CO. President 411057_1 4
ORDINANCE NUMBER 19 - AN ORDINANCE OF THE VILLAGE OF EAST DUNDEE, COOK AND KANE COUNTIES, ILLINOIS AMENDING ORDINANCE 17-40 (Garbage and Refuse Sunset Date Extension and Rates) WHEREAS, the Village of East Dundee ( Village ) is a home rule unit of local government pursuant to Section 6 of Article VII of the Constitution of the State of Illinois, and has the authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, on August 7, 2017, the President and Board of Trustees of the Village adopted Ordinance 17-40, entitled Ordinance of the Village of East Dundee, Kane and Cook Counties, Illinois Amending Chapter 50 of the Code of Ordinances (Garbage and Refuse); and WHEREAS, Section 5 of Ordinance 17-40 provides that Ordinance 17-40 shall automatically sunset on April 30, 2018, unless otherwise extended by the Board of Trustees; and WHEREAS, on April 16, 2018, the Village President and Board of Trustee of the Village adopted Ordinance 18-06 extending the date that Ordinance 17-40 shall automatically sunset to April 30, 2019; and WHEREAS, the President and Board of Trustees of the Village have deemed it to be in the best interest of the Village that Ordinance 17-40 should not sunset on April 30, 2019, and that the automatic sunset date for Ordinance 17-40 should be extended to April 30, 2020; and WHEREAS, the President and Board of Trustees of the Village have deemed it in the best interest of the Village to amend the refuse rates contained within Chapter 37 of the Village Code upon the approval of Resolution 08-19, entitled A Resolution of the Village of East Dundee, Kane and Cook Counties, Illinois Approving a Second Amendment to the Contract for Unlimited Residential Refuse, Recycling and Yard Waste Collection Services with Flood Brothers and the Village of East Dundee ; NOW THEREFORE BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF EAST DUNDEE, COOK AND KANE COUNTIES, ILLINOIS, AS FOLLOWS: SECTION 1: Incorporation. Each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Ordinance.
SECTION 2: Ordinance Amendment. Section 5 of Ordinance 17-40 is hereby amended to read in its entirety as follows: This Ordinance shall automatically sunset, and be null and void, on April 30, 2020, unless otherwise extended by the President and Board of Trustees. SECTION 3: Village Code Amendment. That Section 37.01(D)(3) of the Village Code is hereby deleted in its entirety and replaced as follows: (3) Each dwelling unit to which the village garbage collector provides waste material collection shall be billed bi-monthly at the monthly rate set forth below: (a) June 1, 2019 through September 30, 2021 1. 95 Gallon Trash Cart: $19.75 2. 65 Gallon Trash Cart: $18.75 3. 35 Gallon Trash Cart: $16.75 4. 35 Gallon Trash Cart Senior: $13.75 (b) October 1, 2021 through September 30, 2022: rates set forth in 31.01(D)(3)(a) + CPI (c) October 1, 2022 through September 30, 2023: rates set forth in 31.01(D)(3)(b) + CPI (d) October 1, 2023 through September 30, 2024: rates set forth in 31.01(D)(3)(c) + CPI (e) October 1, 2024 through September 30, 2025: rates set forth in 31.01(D)(3)(d) + CPI (4) Additional cart rental: $2.00 (5) Food Compost (April November only): $4.00 (6) Cart swap out fee applicable December 31, 2019 through September 30, 2025: $10.00 SECTION 4: Continuation. All provisions of Ordinance 17-40 not amended herein shall remain in full force and effect. SECTION 5: Severability. If any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: Repeal. All ordinances, resolutions, motions or parts thereof in conflict herewith shall be and the same are hereby repealed. SECTION 7: Effect. This Ordinance shall be in full force and effect forthwith upon its adoption, approval and publication in pamphlet form as provided by law.
PASSED this 8 th day of April, 2019 pursuant to a roll call vote as follows: AYES: NAYES: ABSENT: APPROVED by me this 8 th day of April, 2019. ATTEST: Lael Miller, Village President Katherine Holt, Village Clerk Published in pamphlet form this day of April, 2019, under the authority of the Village President and Board of Trustees. Recorded in the Village records on April, 2019.
To: CC: From: Subject: Village of East Dundee Memorandum Village President and Board of Trustees Jennifer Johnsen, Village Administrator Chris Ranieri, Building Inspector Brad Mitchell, Assistant Village Administrator Joseph Heinz, Village Engineer 811 E. Main Street Date: April 8, 2019 PROJECT SUMMARY 811 Main St. Apts LLC has submitted an application for variances for the property at 811 E. Main Street. The developer is seeking approval for a Plat of Subdivision to subdivide the parcel into two parcels, with one 18 unit apartment building on each parcel. As you recall, approval for development of these two buildings was granted in August 2018. At that time, the developer was unsure whether or not to subdivide the property. The developer has since decided to proceed with the subdivision which creates additional variances even though the site plan, location of the buildings, setbacks, etc. have already been approved. The Plat of Subdivision has been reviewed for conformance with Village ordinances and good engineering principals and is contingent on the Village approval of two required variances, as outlined below. VARIANCE REQUESTS 1. Variance from Sections 157.036(A)(6) and 157.032(A)(6)(a) of the Zoning Chapter of the East Dundee Village Code requiring the front yard setback in the R-5 Multiple Dwelling Residential District to be 35 feet. The two buildings do comply with the front yard setback requirement but the proposed parking lot is not allowed in the front yard, therefore, requiring the front yard to be reduced to 20. 2. Variance from Sections 157.036(A)(6) and 157.032(A)(6)(c) of the Zoning Chapter of the East Dundee Village Code requiring the rear yard setback in the R-5 Multiple Dwelling Residential District to be 40 feet. The rear yard is taken from the easterly property line to follow the orientation of the buildings and the buildings have been placed approximately 25 from the easterly property line. 1
The Planning and Zoning Commission considered the following standards. The Village s response is on the attached draft Findings of Fact. The attached application includes the petitioner s response to these standards. 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district. 2. The plight of the owner is due to unique circumstances. 3. The variation, if granted, will not alter the essential character of the locality. 4. The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the regulations were strictly enforced. 5. The conditions upon which the petition for variation is based would not be applicable generally to other properly within the same zoning classification. 6. The purpose of the variation is not based exclusively upon a desire to make more money out of the property. 7. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 8. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 9. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. Planning and Zoning Commission Recommendation On April 4, 2019, a public hearing was held and the Planning and Zoning Commission approved a motion in a 4-1 (4 absent) vote to recommend approval of the following variances based on the attached Findings of Fact: Variance from Sections 157.036(A)(6) and 157.032(A)(6)(a) of the Zoning Chapter of the East Dundee Village Code requiring the front yard setback in the R-5 Multiple Dwelling Residential District to be 35 feet. Variance from Sections 157.036(A)(6) and 157.032(A)(6)(c) of the Zoning Chapter of the East Dundee Village Code requiring the rear yard setback in the R-5 Multiple Dwelling Residential District to be 40 feet. Also, the Commission may require such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in the Village Code or reduce or minimize the injurious effect of the variation upon other property in the neighborhood. The Commission recommended the following conditions with the approval of the variances: 1. Variances apply only if constructed as shown on the attached site plan and with the materials submitted and as described in the Development Agreement Ordinance 18-13. 2. The developer is not in breach of Development Agreement Ordinance 18-13. 2
Village Staff Recommendation: Action Requested: It is staff s recommendation to approve the required variances for the requested Plat of Subdivision for 811 Main Street. Motion to approve of an Ordinance of the Village of East Dundee, Cook and Kane Counties, Illinois approving a variance from Sections 157.036(A)(6) and 157.032(A)(6)(a) of the Zoning Chapter of the East Dundee Village Code requiring the front yard setback in the R-5 Multiple Dwelling Residential District to be 35 feet with the recommended conditions. Motion to approve of an Ordinance of the Village of East Dundee, Cook and Kane Counties, Illinois approving a variance from Sections 157.036(A)(6) and 157.032(A)(6)(c) of the Zoning Chapter of the East Dundee Village Code requiring the rear yard setback in the R-5 Multiple Dwelling Residential District to be 40 feet with the recommended conditions. Attachments: 1. Ordinances for Variances 2. Application for Variances 3. Plat of Subdivision 4. Village Engineer Review 5. Public Notice 6. Findings of Fact 3
ORDINANCE NUMBER 19 - AN ORDINANCE OF THE VILLAGE OF EAST DUNDEE, COOK AND KANE COUNTIES, ILLINOIS APPROVING A VARIATION FOR FRONT YARD SETBACK FOR THE PROPERTY AT 811 E. MAIN STREET WHEREAS, the Village of East Dundee ( Village ) is a home rule unit of local government pursuant to Section 6 of Article VII of the Constitution of the State of Illinois, and has the authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Billitteri Enterprises ( Applicant ) is the owner of the property located at 811 E. Main Street, East Dundee, Illinois, legally described in Section 2 below ( Subject Property ); and WHEREAS, the Applicant filed an application with the Village seeking a variation from Section 157.036(A)(6) of the Village of East Dundee Zoning Ordinance ( Zoning Ordinance ) that requires buildings within the R-5 Multiple Dwelling Residential District to have a front yard that is not to be less than thirty-five feet (35 ) in depth with regard to the Subject Property ( Application ) to allow for a front yard setback of twenty feet (20 ) on the Subject Property, as depicted and described in the Application ( Project ); and WHEREAS, pursuant to Section 157.207 of the Zoning Ordinance, and the Village s home rule authority, the President and Board of Trustees of the Village (collectively the Corporate Authorities ) may provide for and allow variances to the requirements of the Zoning Ordinance when there are practical difficulties or a particular hardship with the strict compliance with the Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission of the Village convened and held a public hearing on April 4, 2019 to consider the Application pursuant to notice; and WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 157.207 of the Zoning Ordinance and made a recommendation to [approve / deny] the Application; and WHEREAS, the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission and find it to be in the best interests of the health, safety and welfare of its residents to approve the Application and to allow the requested variation relative to the Project; NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees of the Village of East Dundee, Cook and Kane Counties, Illinois, as follows: SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Ordinance. 414644_1 1
SECTION 2: Variation. That the Corporate Authorities hereby grant the Application for the Subject Property, legally described as: PART OF THE EAST HALF OF THE SE QUARTER OF SECTION 23, AND PART OF THE EAST HALF OF THE NE QUARTER OF SECTION 26, ALL IN TOWNSHIP 42 N, RANGE 8 EAST OF THE 3 RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW: BEGINNING AT THE SOUTHEASTERLY CORNER OF FOX RIVER BLUFFS UNIT NO. 1, BEING ALSO A POINT ON THE CENTER LINE OF STATE ROUTE 72; THENCE NORTHERLY ALONG THE EAST LINE OF SAID FOX RIVER BLUFFS UNIT NO.1, A DISTANCE OF 372.27 FEET TO AN ANGLE IN SAID EAST LINE; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, BEING ALSO THE EAST LINE OF NORTH GATE MANOR UNIT NO. 1, WHICH FORMS AN ANGLE OF 00 DEGREES 45 MINUTES 01 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 320.31 FEET; THENCE EASTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 158.65 FEET; THENCE SOUTHERLY A DISTANCE OF 776.92 FEET TO A POINT ON THE CENTER LINE OF STATE ROUTE NO. 72 THAT IS 175.00 FEET SOUTHEASTERLY OF (MEASURED ALONG SAID CENTER LINE) THE PLACE OF BEGINNING; THENCE NORTHWESTERLY, ALONG THE CENTER LINE OF STATE ROUTE NO. 72, A DISTANCE OF 175.00 FEET TO THE PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS. with Property Index Numbers 03-23-479-003, 03-26-227-011, and a variation from Section 157.036(A)(6) of the Zoning Ordinance is approved for the Project on the Subject Property, and the Subject Property may have a reduced front yard setback of twenty feet (20 ) as depicted in the Application. The variation granted in this Ordinance is specific to the Project as proposed in the Application and shall not apply to any other development of the Subject Property. SECTION 3: Severability. That if any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4: Repeal. That all ordinances, resolutions, motions or parts thereof in conflict herewith shall be and the same are hereby repealed. SECTION 5: Effect. That this Ordinance shall be in full force and effect forthwith upon its adoption, approval and publication in pamphlet form as provided by law. PASSED this 8th day of April, 2019 pursuant to a roll call vote as follows: 414644_1 2
AYES: NAYES: ABSENT: APPROVED by me this 8th day of April, 2019. ATTEST: Lael Miller, Village President Katherine Holt, Village Clerk Published in pamphlet form this day of April, 2019, under the authority of the Village President and Board of Trustees. Recorded in the Village records on April, 2019. 414644_1 3
ORDINANCE NUMBER 19 - AN ORDINANCE OF THE VILLAGE OF EAST DUNDEE, COOK AND KANE COUNTIES, ILLINOIS APPROVING A VARIATION FOR REAR YARD SETBACK FOR THE PROPERTY AT 811 E. MAIN STREET WHEREAS, the Village of East Dundee ( Village ) is a home rule unit of local government pursuant to Section 6 of Article VII of the Constitution of the State of Illinois, and has the authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Billitteri Enterprises ( Applicant ) is the owner of the property located at 811 E. Main Street, East Dundee, Illinois, legally described in Section 2 below ( Subject Property ); and WHEREAS, the Applicant filed an application with the Village seeking a variation from Section 157.036(A)(6) of the Village of East Dundee Zoning Ordinance ( Zoning Ordinance ) that requires buildings within the R-5 Multiple Dwelling Residential District to have a rear yard that is not to be less than forty feet (40 ) in depth with regard to the Subject Property ( Application ) to allow for a rear yard setback of twenty-five feet (25 ) on the Subject Property, as depicted and described in the Application ( Project ); and WHEREAS, pursuant to Section 157.207 of the Zoning Ordinance, and the Village s home rule authority, the President and Board of Trustees of the Village (collectively the Corporate Authorities ) may provide for and allow variances to the requirements of the Zoning Ordinance when there are practical difficulties or a particular hardship with the strict compliance with the Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission of the Village convened and held a public hearing on April 4, 2019 to consider the Application pursuant to notice; and WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 157.207 of the Zoning Ordinance and made a recommendation to [approve / deny] the Application; and WHEREAS, the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission and find it to be in the best interests of the health, safety and welfare of its residents to approve the Application and to allow the requested variation relative to the Project; NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees of the Village of East Dundee, Cook and Kane Counties, Illinois, as follows: SECTION 1: Incorporation. That each Whereas paragraph above is incorporated by reference into this Section 1 and made a part hereof as material and operative provisions of this Ordinance. 414645_1 1
SECTION 2: Variation. That the Corporate Authorities hereby grant the Application for the Subject Property, legally described as: PART OF THE EAST HALF OF THE SE QUARTER OF SECTION 23, AND PART OF THE EAST HALF OF THE NE QUARTER OF SECTION 26, ALL IN TOWNSHIP 42 N, RANGE 8 EAST OF THE 3 RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW: BEGINNING AT THE SOUTHEASTERLY CORNER OF FOX RIVER BLUFFS UNIT NO. 1, BEING ALSO A POINT ON THE CENTER LINE OF STATE ROUTE 72; THENCE NORTHERLY ALONG THE EAST LINE OF SAID FOX RIVER BLUFFS UNIT NO.1, A DISTANCE OF 372.27 FEET TO AN ANGLE IN SAID EAST LINE; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, BEING ALSO THE EAST LINE OF NORTH GATE MANOR UNIT NO. 1, WHICH FORMS AN ANGLE OF 00 DEGREES 45 MINUTES 01 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 320.31 FEET; THENCE EASTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 158.65 FEET; THENCE SOUTHERLY A DISTANCE OF 776.92 FEET TO A POINT ON THE CENTER LINE OF STATE ROUTE NO. 72 THAT IS 175.00 FEET SOUTHEASTERLY OF (MEASURED ALONG SAID CENTER LINE) THE PLACE OF BEGINNING; THENCE NORTHWESTERLY, ALONG THE CENTER LINE OF STATE ROUTE NO. 72, A DISTANCE OF 175.00 FEET TO THE PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS. with Property Index Numbers 03-23-479-003, 03-26-227-011 and a variation from Section 157.036(A)(6) of the Zoning Ordinance is approved for the Project on the Subject Property, and the Subject Property may have a reduced rear yard setback of twenty-five feet (25 ) as depicted in the Application. The variation granted in this Ordinance is specific to the Project as proposed in the Application and shall not apply to any other development of the Subject Property. SECTION 3: Severability. That if any Section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such Section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4: Repeal. That all ordinances, resolutions, motions or parts thereof in conflict herewith shall be and the same are hereby repealed. SECTION 5: Effect. That this Ordinance shall be in full force and effect forthwith upon its adoption, approval and publication in pamphlet form as provided by law. PASSED this 8th day of April, 2019 pursuant to a roll call vote as follows: 414645_1 2
AYES: NAYES: ABSENT: APPROVED by me this 8th day of April, 2019. ATTEST: Lael Miller, Village President Katherine Holt, Village Clerk Published in pamphlet form this day of April, 2019, under the authority of the Village President and Board of Trustees. Recorded in the Village records on April, 2019. 414645_1 3
Gerald L. Heinz & Associates, Inc. Consulting Engineers and Professional Land Surveyors MEMORANDUM DATE: February 27, 2019 TO: Brad Mitchell, Assit. Village Administrator AT: East Dundee FROM: Joseph D. Heinz, P.E., P.L.S. SUBJECT: 811 Main Street Apartments Plat of Subdivision Variance Request Job No. ED-2104 We have received the following document for review: 811 Main Street Apartments Plat of Subdivision, prepared by Haeger Engineering, revised February 20, 2019. The proposed plat is on the approved site plan which proposes two(2) 3 Story 18 unit apartment buildings. We have reviewed the revised document for conformance with village ordinances and good engineering principles and find the plat acceptable contingent on the village approval of two(2) required variances. The owner has requested a building setback variance from the front yard setback requirements. We recommend that the front yard be taken from the westerly property line to follow the orientation of the proposed buildings. The required front yard in the R5 zoning district is 35. The buildings do comply with the setback requirement but the proposed parking lot is not allowed in the front yard therefore requiring the front yard be reduced to 20. A variance to Village Code Sections 157.036(A)(6), 157.032(A)(6)(a) is required. The owner has requested a building setback variance from the rear yard setback requirements. We recommend that the rear yard be taken from the easterly property line to follow the orientation of the proposed buildings. The required rear yard in the R5 zoning district is 40. The buildings have been placed approximately 25 from the easterly property line. A variance to Village Code Sections 157.036(A)(6), 157.032(A)(6)(c) is required. Please let me know if you have any questions on my comments. cc Jennifer Johnsen, Village Administrator Chris Ranieri, Building Official 206 N. River Street East Dundee, Illinois Phone (847) 426-4535 Fax Number (847) 426-4584
State of Illinois ) County of Kane ) SS Village of East Dundee ) NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission of the Village of East Dundee will hold a public hearing on April 4, 2019 at 7:00 P.M. at the East Dundee Police Station 2 nd Floor Meeting Room, 115 E. 3 rd Street, East Dundee, Illinois, to consider the following requests: 1. A request for a variance from Sections 157.036(A)(6) and 157.032(A)(6)(a) of the Zoning Chapter of the East Dundee Village Code requiring the front yard setback in the R-5 Multiple Dwelling Residential District to be 35 feet. 2. A request for a variance from Sections 157.036(A)(6) and 157.032 (A)(6)(c) of the Zoning Chapter of the East Dundee Village Code requiring the rear yard setback in the R-5 Multiple Dwelling Residential District to be 40 feet. Property Legal Description: PART OF THE EAST HALF OF THE SE QUARTER OF SECTION 23, AND PART OF THE EAST HALF OF THE NE QUARTER OF SECTION 26, ALL IN TOWNSHIP 42 N, RANGE 8 EAST OF THE 3 RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW: BEGINNING AT THE SOUTHEASTERLY CORNER OF FOX RIVER BLUFFS UNIT NO. 1, BEING ALSO A POINT ON THE CENTER LINE OF STATE ROUTE 72; THENCE NORTHERLY ALONG THE EAST LINE OF SAID FOX RIVER BLUFFS UNIT NO.1, A DISTANCE OF 372.27 FEET TO AN ANGLE IN SAID EAST LINE; THENCE CONTINUING NORTHERLY ALONG SAID EAST LINE, BEING ALSO THE EAST LINE OF NORTH GATE MANOR UNIT NO. 1, WHICH FORMS AN ANGLE OF 00 DEGREES 45 MINUTES 01 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 320.31 FEET; THENCE EASTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 158.65 FEET; THENCE SOUTHERLY A DISTANCE OF 776.92 FEET TO A POINT ON THE CENTER LINE OF STATE ROUTE NO. 72 THAT IS 175.00 FEET SOUTHEASTERLY OF (MEASURED ALONG SAID CENTER LINE) THE PLACE OF BEGINNING; THENCE NORTHWESTERLY, ALONG THE CENTER LINE OF STATE ROUTE NO. 72, A DISTANCE OF 175.00 FEET TO THE PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS. PINS: 03-23-479-003, 03-26-227-011 All interested persons will be given an opportunity to be heard.