Winnetka Village Council REGULAR MEETING Village Hall 510 Green Bay Road March 7, :00 p.m. AGENDA

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1 Winnetka Village Council REGULAR MEETING Village Hall 510 Green Bay Road March 7, :00 p.m. s regarding any agenda item are welcomed. Please and your will be relayed to the Council members. s for the Tuesday Council meeting must be received by Monday at 4 p.m. Any may be subject to disclosure under the Freedom of Information Act. AGENDA 1) Call to Order 2) Pledge of Allegiance 3) Quorum a) March 14, 2017 Study Session b) March 21, 2017 Regular Meeting c) Thursday, April 6, 2017 Rescheduled Regular Meeting 4) Approval of Agenda 5) Consent Agenda a) Approval of Village Council Minutes i) February 14, 2017 Study Session...3 ii) February 21, 2017 Regular Meeting...5 b) Approval of Warrant List dated February 17 March 2, c) Resolution No. R : 2017 Parkway Tree Planting Contract Extension (Adoption)...10 d) Resolution No. R : Purchase of Utility Truck Replacement (Adoption)...18 e) Resolution No. R : Approving a Class A-2 Liquor License for Grateful Bites Pizza Shoppe, LLC (Adoption) ) Stormwater Update: None. 7) Ordinances and Resolutions a) Ordinance No. MC : An Ordinance Prohibiting Phosphorus-Containing Fertilizers (Amendment & Adoption)...50 b) Ordinance No. MC : Amending Liquor Code (Introduction)...75 c) Ordinance No. MC : Amending the Village Code to Adopt Small Cell Regulations (Introduction) ) Public Comment Agenda Packet P. 1

2 9) Old Business a) Downtown Master Plan Implementation ) New Business: None. 11) Appointments 12) Reports 13) Closed Session 14) Adjournment 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 (2 nd floor). Webcasts of the meeting may be viewed on the Internet via a link on the Village s web site: 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, ; T.D.D Agenda Packet P. 2

3 MINUTES WINNETKA VILLAGE COUNCIL STUDY SESSION February 14, 2017 (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 Tuesday, February 14, 2017, at 7:00 p.m. 1) Call to Order. President Greable called the meeting to order at 7:00 p.m. Present: Trustees Andrew Cripe, Bill Krucks, Penny Lanphier, Scott Myers, Christopher Rintz and Kristin Ziv. Absent: None. Also in attendance: Village Manager Robert Bahan, Director of Water & Electric Brian Keys, Assistant Director of Water & Electric Giovanni McLean, Finance Director Tim Sloth, and two persons in the audience. 2) Electric Fund Rate Study. Mr. Keys recapped the discussion at the November 3, 2016 Council meeting, and introduced Mark Beauchamp, President of Utility Financial Solutions (UFS). Mr. Beauchamp presented updated financial scenarios, based on Council feedback at the November 3 rd meeting. He noted that Winnetka s strong General Fund balance gave him confidence in retaining the present fund balance policy of four months operating expenses. He reviewed projections in which depreciation expenses for the Electric Plant turbines were removed, in the event those assets are not replaced once they are retired. He also reviewed projections that did not include the Illinois Municipal Electric Agency (IMEA) capacity credits; however, he explained that there is a significant financial benefit in receiving the IMEA credits, as they reduce purchase power costs. Mr. Beauchamp reviewed the recommended five-year rate track, which presents a 2.4% rate increase for the next four years. He advised reviewing the rate projections every year during budget discussions, in light of a proposed regional transmission supplier rule change that could increase the wholesale cost of power in He also advocated keeping rate increases below 5%. Mr. Keys explained that the intent of gaining Council consensus on the projected rate track was not to set the rates for the next four years, since every year at budget time the Council would assess their rate policy. However, gaining Council support for the conceptual rate scenario will allow UFS to move forward with rate design. Answering a question from the Council, Mr. Keys noted that Winnetka s electric rates are historically competitive with Commonwealth Edison, and that a new comparison can be done in late summer to provide the latest comparable information. After a brief discussion, the Council expressed agreement with the projected rate track of 2.4% as a reasonable method to ensure the future viability of the Electric Fund balance. Next, Mr. Beauchamp reviewed the results of a Cost of Service study illustrating projected revenue for each customer class under the current rate structure. He explained that customer classes are based on common usage factors, and the different classes experience different peak demand times. This results in a different power supply cost for each class based on those demand times which is not accounted for in the current rate structure. He recommended a slow adjustment to true up the actual power cost for each customer class Agenda Packet P. 3

4 Winnetka Village Council Study Session February 14, 2017 using a 1% bandwidth around each class to smooth the process and ensure that no customers see an increase above 3.4%. Mr. Keys explained that the Village currently has two monthly customer charges which only distinguish between single-phase and three-phase customers. Customers in different rate classifications pay one of these monthly charges; however, the costs of meter reading, billing and customer service time are not identical for each of the customer classes (i.e. residential, commercial, and school/government). To cure this misalignment, different monthly customer charges need to be created, which will help to capture the true cost of power delivery. UFS has recommended creating a different monthly customer charge for each of the following customer groups: Residential, Large Residential, Water Heating, Space Heating, Commercial, and School & Government. Mr. Keys noted that the target changes will be reviewed in three to five years to ensure the Village is on the right track with capturing the customer costs equitably. The Council was in unanimous agreement that a 1% bandwidth to smooth rates and creating separate monthly customer charges for each class of customers is a sensible and fair way to ensure the viability of the electric utility for the future. A brief discussion followed that touched upon a monthly billing cycle, thinking about a strategy for dealing with increasing solar customers and the pros and cons of installing smart meters. 3) Public Comment. Pat Balsamo, Cherry Street. Ms. Balsamo commended the Council on its willingness to deal with many different issues in the Village, and for the contributions in time and preparation each member makes behind the scenes. She added that Winnetka is fortunate to have its form of government, Council and Staff. 4) Closed Session. None. 5) Adjournment. Trustee Cripe, seconded by Trustee Myers, moved to adjourn the meeting. By voice vote, the motion carried. The meeting adjourned at 8:34 p.m. Deputy Clerk 2 Agenda Packet P. 4

5 MINUTES WINNETKA VILLAGE COUNCIL REGULAR MEETING February 21, 2017 (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 Tuesday, February 21, 2017, at 7:00 p.m. 1) Call to Order. President Pro Tem Krucks called the meeting to order at 7:00 p.m. Present: Trustees Andrew Cripe, Scott Myers, and Kristin Ziv. Absent: President Gene Greable and Trustees Chris Rintz and Penny Lanphier. Also present: Village Manager Robert Bahan, Assistant Village Manager Megan Pierce, Village Attorney Peter M. Friedman, Fire Chief Alan Berkowsky, Deputy Fire Chief John Ripka, Director of Water & Electric Brian Keys, Economic Development Coordinator Michael Martella, and approximately 3 persons in the audience. 2) Pledge of Allegiance. President Pro TemKrucks led the group in the Pledge of Allegiance. 3) Quorum. a) March 7, 2017 Regular Meeting. All of the Council members present indicated that they expect to attend. b) March 14, 2017 Study Session. All of the Council members present indicated that they expect to attend. c) March 21, 2017 Regular Meeting. All of the Council members present indicated that they expect to attend. 4) Approval of the Agenda. Trustee Myers, seconded by Trustee Ziv, moved to approve the Agenda. By voice vote, the motion carried. 5) Consent Agenda a) Village Council Minutes. i) February 7, 2017 Regular Meeting. b) Warrant List. Approving the Warrant List dated February 3 16, 2017 in the amount of $1,117, c) Ordinance No. MC : Amending the Village Code to Codify the Office of Assistant Village Manager (Adoption). Approval of an Amendment to the Village Code to codify the office of Assistant Village Manager. d) Resolution No. R : Waiving Bidding & Approving Agreement With Survalent Technology Corp. for Software Support (Adoption). Approval of an Ordinance waiving formal bidding and approving an agreement with Survalent Technology Corporation for software support services. e) Resolution No. R : Approval of An Easement Agreement for Installation & Maintenance of a Water Main (Adoption). An Ordinance approving an easement agreement for the installation and maintenance of a water main. Agenda Packet P. 5

6 Winnetka Village Council Regular Meeting February 21, 2017 f) Resolution No. R : Approving a Class A-1 Liquor License for Fred's Garage, LLC (Adoption). Approval of a Class A-1 Liquor License for Fred s Garage, LLC at 574 Green Bay Road. g) Resolution No. R : Commercial District Floral Program (Adoption). A Resolution authorizing the Village Manager to issue a purchase order to Landscape Concepts Management for the 2017 Floral Program, in an amount not to exceed $34, [Trustee Lanphier arrived at 7:05 p.m.] Trustee Myers, seconded by Trustee Ziv, moved to approve the foregoing items on the Consent Agenda by omnibus vote. By roll call vote, the motion carried. Ayes: Trustees Cripe, Krucks, Lanphier, Myers, and Ziv. Nays: None. Absent: Trustee Rintz. 6) Stormwater Report. None. 7) Ordinances and Resolutions. a) Resolution No. R : Approving an Agreement to Provide Fire & Other Emergency Services to Kenilworth (Adoption). Chief Berkowsky explained that Winnetka has provided fire protection to the Village of Kenilworth since the 1930 s, adding paramedic services in the 1970 s. He noted that the partnership has been mutually satisfying, and he recommended extending the current contract for another 5 years and 9 months, which will sync the expiration date with the Village s calendar fiscal year. After a few comments, Trustee Myers, seconded by Trustee Cripe, moved to adopt Resolution No. R By roll call vote, the motion carried. Ayes: Trustees Cripe, Krucks, Lanphier, Myers, and Ziv. Nays: None. Absent: Trustee Rintz. b) Resolution No. R : Approving Master Agreement With Strand Associates for Engineering Services (Adoption). Mr. Keys explained that a Master Agreement arrangement streamlines the negotiation process when hiring consultants that routinely perform work for the Village. A Master Agreement sets out the legal terms and conditions that govern how the contract is carried out in order to facilitate hiring repeat contractors. However, the competitive bid process is still followed, and staff is not authorized spend funds, nor is the Village in any way committed to using these particular consultants. After a few questions and comments from the Council, Attorney Friedman reiterated that the Village s purchasing policies would still be followed, and there was no downside to having a Master Agreement place that he could think of. Trustee Cripe, seconded by Trustee Ziv, moved to adopt Resolution No. R By roll call vote, the motion carried. Ayes: Trustees Cripe, Krucks, Lanphier, Myers, and Ziv. Nays: None. Absent: Trustee Rintz. c) Resolution No. R : Authorizing Village Sponsorship of the Winnetka Music Festival (Adoption). Trustee Myers explained that the Winnetka Music Festival was conceived as a way to provide a new and exciting cultural event on the North Shore. It is 2 Agenda Packet P. 6

7 Winnetka Village Council Regular Meeting February 21, 2017 anticipated that the festival will draw locals and visitors to Winnetka and add a sense of pride and vitality to the community. Trustee Myers said the festival will be free to visitors, and he described the proposed locations of the stages. He noted that over a dozen residents are contributing their time, skills and energy to making the event a success, and that a financial contribution from the Village will aid in creating a quality experience for all. He thanked Village Manager Rob Bahan and the Department Heads for their enthusiasm to help with the planning stages. The Council agreed that the event would be a great addition to Winnetka s summer schedule, and commended the team for its efforts. President Pro Tem Krucks called for public comment. Pat Balsamo, 1037 Cherry Street. Ms. Balsamo asked why the Village Green and Hubbard Woods Park are not being used as locations for the music. Trustee Myers said the residential character of the Village Green gave the organizers pause, and that it also seemed best to keep the festival in a consolidated location. He added that the North Shore Art League is using Hubbard Woods that weekend for its annual art show. Trustee Ziv, seconded by Trustee Cripe, moved to adopt Resolution No. R By roll call vote, the motion carried. Ayes: Trustees Cripe, Krucks, Lanphier, Myers, and Ziv. Nays: None. Absent: Trustee Rintz. 8) Public Comment. None. 9) Old Business. None. 10) New Business. None. 11) Appointments. a) Trustee Lanphier, seconded by Trustee Cripe, moved to appoint Michael Ritter to the Design Review Board to finish the term of Peggy Stanley. By voice vote, the motion carried. b) Trustee Cripe, seconded by Trustee Myers, moved to appoint Barry Sylvester to the Environmental & Forestry Commission to finish the term of Jim Wilson. By voice vote, the motion carried. c) Trustee Lanphier, seconded by Trustee Cripe, moved to appoint William Clark O Bryan as the student liaison to the Environmental & Forestry Commission. By voice vote, the motion carried. 12) Reports. a) Village President. None. b) Trustees. i) Trustee Lanphier reported on the EFC s Green Awards to recognize residents who have done outstanding and innovative and interesting green projects. Information is on the Village website. ii) Trustee Ziv reported on the February 11 Community Conversations. c) Attorney. None. 3 Agenda Packet P. 7

8 Winnetka Village Council Regular Meeting February 21, 2017 d) Manager. Assistant Village Manager Megan Pierce introduced the Village s new Economic Development Coordinator, Mike Martella, to the Council. 13) Closed Session. None. 14) Adjournment. Trustee Cripe, seconded by Trustee Ziv, moved to adjourn the meeting. By voice vote, the motion carried. The meeting adjourned at 7:40 p.m. Deputy Clerk 4 Agenda Packet P. 8

9 Title: Agenda Item Executive Summary Presenter: Robert M. Bahan, Village Manager Agenda Date: 03/07/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: None. Warrant List Executive Summary: The Warrant List dated February 17 - March 2, 2017 was ed to each Village Council member. Recommendation: Consider approving the Warrant List dated February 17 - March 2, Attachments: None. Agenda Packet P. 9

10 Agenda Item Executive Summary Title: Resolution No. R : 2017 Parkway Tree Planting Contract Extension (Adoption) Presenter: Steven M. Saunders, Director of Public Works/Village Engineer Agenda Date: 03/07/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Annual budgeted item for the purchase and placement of parkway trees. Executive Summary: The scope of the Parkway Tree Planting contract consists of growing, supplying and planting of approximately 180 parkway trees and 18 private trees within the Village in On February 25, 2016, the Village received sealed bids for the 2016 Parkway Tree Planting Program. The contract was structured to allow the Village to award the bid to one or more bidders, on a basis of lowest bid per tree species. The Village awarded contracts to St. Aubin Nursery and Acres Group pursuant to this bidding. Both contractors have satisfactorily completed their contractual work and have expressed a desire to renew these contracts, at the 2016 bid prices. The FY 2017 budget includes $55,000 in account for tree planting and emerald ash borer parkway tree replacements. Staff recommend awarding contracts to St. Aubin Nursery and Acres Group. Recommendation: Consider adopting Resolution No. R waiving bidding and authorizing the Village to award Purchase Orders to St. Aubin Nursery and Acres Group for amounts not to exceed $33,478 and $17,899, respectively, for a total of $51,377, extending pricing pursuant to Bid number Attachments: 1. Resolution No. R Contract extension letters 3. Bid Tabulation for Bid # Agenda Packet P. 10

11 RESOLUTION NO. R A RESOLUTION WAIVING FORMAL BIDDING AND APPROVING EXTENSIONS TO THE AGREEMENTS WITH ST. AUBIN NURSERY & LANDSCAPING, INC. AND ACRES LANDSCAPING, INC. FOR TREES AND TREE PLANTING WORK WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka ( Village ) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, in 2016, the Village entered into one-year agreements (collectively, Agreements ) with St. Aubin Nursery & Landscaping, Inc. and Acres Landscaping, Inc. (collectively, Contractors ) for the purchase and planting of trees on Village-owned parkways ( Work ); and WHEREAS, the Contractors provided satisfactory Work in 2016 and have agreed to perform the Work for the same price in 2017; and WHEREAS, because the Contractors have agreed to maintain their pricing, pursuant to Section C of the Village Code and Section IV.3.D of the Village s Purchasing Manual, the Village Council has determined that it is in the best interests of the Village to waive competitive bidding and extend the Agreements (collectively, Extensions ) for an additional year; and WHEREAS, the Village has appropriated sufficient funds for the performance of the Work in 2017; and WHEREAS, the Village has determined that waiving formal bidding and entering into the Extensions with the Contractors are in the best interest of the Village; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: WAIVER OF COMPETITIVE BIDDING. Pursuant to Section C of the Village Code, Section IV.3.D of the Village s Purchasing Manual, and the Village s home rule authority, the Village Council waives the requirement of competitive bidding for the procurement of the Work for SECTION 3: APPROVAL OF THE EXTENSIONS. The Village Council hereby approves, pursuant to the Village s home rule power, the Extensions for one year pursuant to their same terms and pricing. SECTION 4: AUTHORIZATION TO EXECUTE THE EXTENSIONS. The Village Council hereby authorizes and directs, pursuant to the Village s home rule power, the March 7, 2017 R Agenda Packet P. 11

12 Village President and the Village Clerk to execute and seal, on behalf of the Village, the Extensions in a final form approved of by the Village Attorney. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. ADOPTED this 7th day of March, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Signed Countersigned: Village President Village Clerk March 7, 2017 R Agenda Packet P. 12

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18 Agenda Item Executive Summary Title: Resolution No. R : Purchase of Utility Truck Replacment (Adoption) Presenter: Steven M. Saunders, Director of Public Works/Village Engineer Agenda Date: 03/07/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Budgeted Capital Item Executive Summary: As part of the approved 2017 Fiscal Year budget, the Village has allocated $195,000 for the replacement of Public Works vehicle PW 22. PW 22 is a 2000 Freightliner dump truck used by the Street Department for roadway maintenance operations and snow and ice removal operations. To ensure the most fiscally prudent purchase price, the Public Works Department proposes to leverage pricing received as part of the Illinois Department of Central Managements Services (CMS) joint purchasing program. The Village has used the services of CMS and the bid pricing through the State in the past for the purchase of other equipment. On 8/03/15 CMS accepted bids on behalf of the Toll Highway Authority for the procurement of Medium Duty Trucks. This was a multi-year contract that has an expiration date of 8/02/17; CMS Bid No ; Master contract This contract was awarded to TransChicago Truck Group of Elmhurst, Illinois with Henderson Products of Illinois being the approved provider for the dump body and snow removal equipment. TransChicago Truck Group has proposed the pricing for a 2017 Freightliner chassis, dump body, and respective snow removal equipment for a total not to exceed price of $184,938. Recommendation: Consider adopting Resolution No. R awarding a purchase order to Transchicago Truck Group, of Elmhurst, IL in the amount of $184,938 for the purchase of a new 2017 Freightliner 2.5 Ton Dump, conventional chassis including new snow plow equipment and modifications to be provided by Henderson Products. Attachments: - Resolution No. R Proposal TransChicago Truck Group - Proposal from Henderson Products Agenda Packet P. 18

19 A RESOLUTION APPROVING THE PURCHASE OF A PUBLIC WORKS VEHICLE RESOLUTION NO. R WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the Village of Winnetka ( Village ) to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the Village has appropriated funds for use by the Department of Public Works for the replacement of a dump truck ( Vehicle ) and dump body and snow removal equipment for the Vehicle (collectively Equipment ); and WHEREAS, the Village is a member of the Illinois Central Management Services joint purchasing program ("CMS"), which typically ensures local government participants the best available price, quality of product, and terms of delivery; and WHEREAS, CMS sought bids for the procurement of the medium duty trucks through Solicitation No ; and WHEREAS, Transchicago Truck Group, of Elmhurst, Illinois ("Transchicago"), was awarded the contract for the Vehicle, and Henderson Products of Huntley, Illinois ( Henderson ) approved as the provider of the Equipment; and WHEREAS, Village staff has determined that CMS's purchasing policies satisfy the Village's competitive bidding requirements; and WHEREAS, the Village Council desires to purchase (i) the Vehicle from Transchicago in an amount not to exceed $79, and the (ii) Equipment from Henderson in an amount not to exceed $105,500.00, for a total amount of $184,938 in accordance with the CMS Contract No ; and WHEREAS, the Village Council has determined that it is in the best interests of the Village and its residents to purchase the Vehicle from Transchicago and the Equipment from Henderson; NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: AUTHORIZATION TO PURCHASE. The Village Council authorizes and directs the Village President, the Village Manager, and the Village Clerk to execute and attest, respectively, on behalf of the Village, all documents approved by the Village Attorney and necessary to purchase (i) the Vehicle from Transchicago in an amount not to exceed $79, March 7, 2017 R Agenda Packet P. 19

20 (ii) Equipment from Henderson in an amount not to exceed $105, in accordance with CMS Contract No SECTION 3. AUTHORIZATION TO EXECUTE DOCUMENTS. The Village Council authorizes and directs the Village President, the Village Manager, and the Village Clerk to execute and attest, respectively, on behalf of the Village, all documents approved by the Village Attorney and necessary to purchase the Vehicle from Transchicago and the Equipment from Henderson. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. ADOPTED this 7th day of March, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Signed Countersigned: Village President Village Clerk March 7, 2017 R Agenda Packet P. 20

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46 Agenda Item Executive Summary Title: Resolution No. R : Approving a Class A-2 Liquor License for Grateful Bites Pizza Shoppe, LLC (Adoption) Presenter: Patrick L. Kreis, Chief of Police and Peter M. Friedman, Village Attorney Agenda Date: 03/07/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: None. Executive Summary: Grateful Bites Pizza Shoppe, LLC desires to open a restaurant at 899 Green Bay Road. Grateful Bites Pizza Shoppe is a full-service restaurant that sells and serves beer and wine incidental and complementary to the sale and service of meals for consumption. Grateful Bites Pizza Shoppe has applied for a Class A-2 liquor license. A Class A-2 liquor license authorizes the retail sale and service of beer and wine by restaurants, but only when such sales and service are incidental and complementary to the sale and service of meals for consumption only on the premises where sold, provided patrons may be served beer and wine while waiting to be seated when no tables are available. If approved, Resolution No. R will grant the requested liquor license, subject to the following conditions: (i) completion of the liquor license application background investigation by the police department; (ii) final inspection and approval of the premises; (iii) issuance of a certificate of occupancy for the premises (iv) issuance of a food dealer license by the Village. The resolution will also update the appendix to Chapter 5.09 of the Village Code that sets forth all authorized licenses by classification, which is attached to the Resolution as Exhibit A. Recommendation: Consider adopting Resolution No. R , "Approving and Authorizing a Class A-2 Liquor License for Grateful Bites Pizza Shoppe, LLC (899 Green Bay Road)." Attachments: 1) Resolution No. R Agenda Packet P. 46

47 RESOLUTION NO. R A RESOLUTION APPROVING AND AUTHORIZING A CLASS A-2 LIQUOR LICENSE FOR GRATEFUL BITES PIZZA SHOPPE, LLC (899 Green Bay Road) 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 WHEREAS, Grateful Bites Pizza Shoppe, LLC ( Applicant ), is the lessee of the property commonly known as 899 Green Bay Road in the Village ( Property ); and WHEREAS, the Applicant desires to operate a full service restaurant on the Property known as Grateful Bites Pizza Shoppe ( Restaurant ); and WHEREAS, pursuant to Section of the Winnetka Village Code, on November 16, 2016, the Applicant submitted an application to the Village for a Class A-2 liquor license ( Liquor License ) for the Restaurant; and WHEREAS, the Council of the Village of Winnetka ( Village Council ) has determined that it is in the best interest of the Village to approve and authorize the issuance of the Liquor License to the Applicant for the Restaurant; NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Winnetka, Cook County, Illinois, as follows: SECTION 1: RECITALS. The Village Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL AND AUTHORIZATION OF LIQUOR LICENSE. The Village Council hereby approves and authorizes the issuance of the Liquor License to the Applicant for the Restaurant. SECTION 3: AMENDMENT TO AUTHORIZED LIQUOR LICENSES. Pursuant to Section of the Village Code, the Village Council hereby amends the Appendix to Winnetka Village Code Chapter 5.09 to read as set forth in Exhibit A attached to and, by this reference, made a part of this Resolution. SECTION 4: EFFECTIVE DATE. This Resolution will be in full force and effect from and after A. Its passage and approval according to law; B. Approval of final inspection of the Restaurant by the Village Chief of Police, or his designee; and March 7, 2017 R Agenda Packet P. 47

48 C. Completion of a criminal background check of the Applicant by the Village Chief of Police, or his designee. ADOPTED this 7 th day of March, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: ABSTAIN: Signed Countersigned: Village President Village Clerk March 7, 2017 R Agenda Packet P. 48

49 EXHIBIT A APPENDIX TO WINNETKA VILLAGE CODE CHAPTER 5.09 Authorized Liquor Licenses Classification Issued Licensee A 4 Kyoto Michael Little Lan s Café Aroma A-1 5 Avli Restaurant Little Ricky s Bad Dog House, LLC (Stacked and Folded) Trifecta Grill/The 21 Club Fred s Garage, LLC A-2 01 Grateful Bites Pizza Shoppe, LLC A-3 0 A-4 0 A-5 0 B 2 Grand Food Center A1.Koh Enterprise Global, LLC, d/b/a Lakeside Foods C Unlimited Issued on an event-by-event basis D 2 Acute Angle Wines Good Grapes E 0 E-1 0 E-2 1 Good Grapes F 1 Starbucks P 1 Winnetka Park District Wine Station Rider 1 Trifecta Grill/The 21 Club [Deleted language is struck through; inserted language is double underlined.] March 7, 2017 R Agenda Packet P. 49

50 Title: Agenda Item Executive Summary Presenter: Steven M. Saunders, Director of Public Works/Village Engineer Agenda Date: 03/07/17 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Executive Summary: Ordinance No. MC : An Ordinance Prohibiting Phosphorus-Containing Fertilizers (Amendment & Adoption) At the June 14, 2016 Study Session, the Village Council discussed the Stormwater Vision prepared by Strand Associates. During that discussion, the Council expressed a desire to explore the possibility of banning the use of phosphorus-containing fertilizers, as a measure to protect water quality by reducing phosphorus runoff. The Environmental and Forestry Commission was tasked with researching phosphorus bans in other communities and preparing a recommendation on whether Winnetka should consider such a ban. As the Village Council continues to address stormwater flooding, water quality has also been an important consideration. Phosphorus, a naturally occurring element, is a key indicator of water quality, and is also an essential plant nutrient. While phosphorus is naturally occurring, it is often not accessible to plants in sufficient quantities, and it is therefore a common component in fertilizers. Phosphorus is necessary for healthy plant growth, but too much phosphorus can also degrade water quality by spurring excessive growth of algae and other aquatic plants, depleting dissolved oxygen and reducing biodiversity. While runoff from large-scale agricultural areas produces most excess phosphorus loading on a national scale, phosphorus-based lawn fertilizers are a significant contributor to excess phosphorus in waterways located in urbanized watersheds. In northeastern Illinois, both Lake Michigan and the Skokie River are included in the Illinois EPA's list of impaired waters for phosphorus. Stormwater sampling conducted in late 2014 as part of the Willow Road Stormwater Tunnel and Area Drainage Improvement (STADI) project also indicated that phosphorus was present in the Village's stormwater discharges to both Lake Michigan and the Skokie River. As directed by the Village Council, the Environmental and Forestry Commission (EFC) began researching phosphorus prohibitions in July, evaluating current full or partial prohibitions at the state and local level. At least 12 states, including Illinois, have full or partial bans on phosphorus in fertilizers. Illinois' ban - a partial ban - applies to "applicators-for-hire" (i.e. Tru-Green, Chemlawn, etc. and landscaping contractors), but does not apply to individual property owners. As a result, many Illinois communities have enacted local bans that extend to individual property owner applications. Mundelein, Grayslake, Gurnee, Antioch, Libertyville, Round Lake Park, Round Lake Beach, Vernon Hills, Lindenhurst, and the Barrington Area Council of Governments have all enacted local bans on phosphorus-containing fertilizers. Agenda Packet P. 50

51 Executive Summary (continued): After reviewing many of these local ordinances, the EFC and staff developed the text of Ordinance No. MC , attached. Section A provides definitions of commercial applicators, non-commercial applicators, and fertilizer, for the purpose of clarifying these terms for this requirement. Section B prohibits the application of phosphorus-containing fertilizers, except naturally occurring phosphorus in organic fertilizers such as manure, compost, or mulched yard waste. Section B also provides several exemptions, including areas where soil testing indicates a deficiency of naturally occurring phosphorus, flower beds and vegetable gardens, newly installed lawn/turf areas, and direct injection treatments for new or distressed trees. Section C prohibits application of any fertilizer on impermeable surfaces, within drainage ditches, in or within 20 feet of waterways, and in any wetland or buffer areas. Section D requires display of educational signage at retailers selling fertilizers within the Village limits. Subsequent to introduction of the ordinance on January 17, the Winnetka Park District expressed concern about the potential impact of the ordinance on golf course maintenance, particularly with respect to tee and green complexes. After an in depth discussion of their maintenance practices between Village and Park District staff members, it was determined that limited applications of phosphorus-containing fertilizer is necessary to maintain playable conditions. Village staff recommends an additional exemption permitting application of phosphorus-containing fertilizer to golf courses, pursuant to soil testing, with reporting of applications. Staff also recommends reducing the buffer zone from waterways from 20 to 15 feet, and allowing applications to tee and green complexes located within the buffer zone. If this ordinance is adopted, staff will provide notice via the Village website, e-winnetka, the Winnetka Report, by mail to area landscape contractors, and by brochures located at area retailers, Village and affiliated facilities. Recommendation: Consider amending Ordinance No. MC to reflect minor changes necessary to accommodate Park District maintenance practices; and Consider adopting Ordinance No. MC prohibiting the application of phosphorus-based fertilizers in the Village of Winnetka. Attachments: Ordinance No. MC Environmental & Forestry Commission Phosphorus Proposal - Proposal Summary - Sample Ordinance (Gurnee) - Sample Ordinance (Libertyville) - State Fertilizer Regulations Agenda Packet P. 51

52 ORDINANCE NO. MC AN ORDINANCE AMENDING THE WINNETKA VILLAGE CODE TO ADOPT REGULATIONS ON THE USE OF FERTILIZER 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, the Village of Winnetka owns and operates a municipal storm sewer system ( Storm Sewer ), which discharges stormwater runoff into the Skokie River and Lake Michigan ( Waterbodies ); and WHEREAS, phosphorus in stormwater runoff has been found to contribute to water quality degradation; and WHEREAS, the Village Council desires to protect the soil of the Village and the water quality of the Waterbodies; and WHEREAS, the Village has established regulations regarding trees, shrubs, and plants in Section 8.20 of the Village Code; and WHEREAS, pursuant to its home rule authority, the Village Council desires to amend Section 8.20 of the Village Code to regulate the use of fertilizers and to prohibit, with limited exceptions, the use of fertilizers that contain phosphorus in the Village ( Proposed Amendment ); and WHEREAS, the Village Council has determined that adopting the Proposed Amendment is in the best interest of the Village and its residents; NOW, THEREFORE, the Council of the Village of Winnetka do 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: ADOPTION OF FERTILIZER REGULATIONS. Section 8.20, titled Trees, Shrubs and Plants, of Title 8, titled Health and Safety, of the Winnetka Village Code is hereby amended by adding a new Subsection , titled Regulations on Fertilizer, which new Subsection shall read as follows (additions are bold and double underlined; deletions are struck through): Section : Regulations of Fertilizer. A. Definitions. For the purposes of this Section, the following words and terms are defined as follows: March 7, 2017 MC Agenda Packet P. 52

53 1. Commercial Applicator means a person engaged in the business of applying fertilizer for hire. 2. Non-Commercial Applicator means a person who applies fertilizer, such as, without limitation, a homeowner or tenant, but is not a Commercial Applicator. 3. Fertilizer means a substance containing nitrogen, phosphorus or any other recognized plant nutrient or compound which is used primarily for its plant nutrient content. B. Prohibition. No commercial applicator or non-commercial applicator shall apply fertilizer in the Village, whether liquid, granular, or solid, which contains any amount of phosphorus or compound containing phosphorus, such as, without limitation, phosphate. The prohibition in this subsection B shall not apply to: 1. Naturally occurring phosphorus in unadulterated natural or organic fertilizing products, such as yard waste or compost; 2. Turf and lawn areas for which soil tests confirm that the phosphorus content is below median phosphorus levels for typical area soils; 3. Flower beds and vegetable gardens; and 4. The establishment of newly seeded, sodded, sprigged or plugged turf/lawn areas. 5. Golf course maintenance, provided that: a. Annual soil sampling is performed to determine actual nutrient needs; b. Soil sample results and reports of the type and amount of fertilizer applied shall be provided to the Village upon request; and c. Fertilizer shall be applied by applicators and operators licensed through the Illinois Department of Agriculture. C. Impervious surfaces, drainage ways, and bufferzones. No commercial applicator or non-commercial applicator shall apply fertilizer to: 1. Impervious surfaces; 2. Areas within drainage ditches; March 7, 2017 MC Agenda Packet P. 53

54 3. Waterways or any property within 1520 feet of a waterway, except for tee and green complexes on golf courses; or 4. Areas delineated as wetlands by the United States Army Corps of Engineers and any area established by the United States Army Corps of Engineers as a natural buffer zone for such wetlands. D. Signage required. Any entity selling fertilizer within the Village must post a clearly readable sign within 10 feet of where the fertilizer is sold that reads as follows: PURSUANT TO SECTION OF THE WINNETKA VILLAGE CODE, THE VILLAGE OF WINNETKA PROHIBITS THE APPLICATION OF: (1) FERTILIZER CONTAINING PHOSPHORUS OR COMPOUNDS CONTAINING PHOSPHOROUS EXCEPT AS PROVIDED IN SECTION B OF THE VILLAGE CODE; AND (2) FERTILIZER TO IMPERVIOUS SURFACES, DRAINAGE DITCHES, WATERWAYS, PROPERTY WITHIN 20 FEET OF WATERWAYS, WETLANDS, AND WETLAND BUFFER ZONES. 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] March 7, 2017 MC Agenda Packet P. 54

55 PASSED this day of, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: APPROVED this day of, 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, Introduced: January 17, 2017 Passed and Approved:, 2017 March 7, 2017 MC Agenda Packet P. 55

56 WINNETKA ENVIRONMENTAL AND FORESTRY COMMISSION PHOSPHORUS PROPOSAL CHANGE: Prohibit use of non-organic phosphorus in lawn fertilizers. REASON: Excess nutrients from fertilizers, especially phosphorus, is a major source of lake and stream pollution. It stimulates the rapid growth of undesirable plants in lakes, rivers and streams. This nutrient pollution significantly affects drinking water supplies, aquatic life and recreational water quality. The combination of organic carbon from algae (result of phosphorus) in source waters and disinfection agents in water treatment can lead to elevated levels of disinfectant by products in drinking water which have been linked to increased cancer and reproductive risks. Water contaminated with chemicals produced by harmful algae blooms can cause gastrointestinal complications and neurological symptoms. Algae blooms reduce oxygen levels, which leads to a loss of species diversity. Repeated algae blooms can result in fish kills and loss of cold water fishery. There was a record loss in the Great Lakes in l995 but is has since risen. The flow from the Mississippi to the Gulf of Mexico needs to be protected. This is critical coastal habitat and increased nutrients cause dead zones. Nitrogen and phosphorus pollution has the potential to become one of the costliest and most difficult environmental problems we face in the 21st century. (State EPA Report) SOURCES OF PHOSPHORUS POLLUTION: Urban and suburban stormwater runoff Municipal waste water treatment systems Air deposition Agriculture livestock activities Row crops URBAN AND SUBURBAN RUNOFF: Stormwater collects nutrients and pollutants on impervious surfaces before discharge into receiving waters Pollutant concentrations may be lower but urban watersheds produce a much larger volume of run off waters so mass of pollution is greater Municipal sewers are sources of excess nutrients when aging systems overflow and discharge goes into waters MUNICIPAL WASTE TREATMENT: Usually discharge phosphorus and nitrogen. Winnetka does not operate a treatments plant its sewers discharge to the Metropolitan Water Reclamation District North Side Plant, which discharges to the North Shore Channel near Howard Street and McCormick Boulevard, eventually discharging to the North Branch of the Chicago River. Agenda Packet P. 56

57 BENEFIT: Less undesirable plant life in water, less use of toxic herbicides which can cause harm in humans and the aquatic ecosystem. Cleaner healthier water ways Preservation of biodiversity Expensive to upgrade plants for more stringent limits. METHOD: Propose ordinance limiting phosphorus content in fertilizers to organic Notification to landscape companies Citizen education Work with other communities to follow suit COST: A ban would present no real cost to the consumer, since phosphorus-free fertilizers are readily available and costs are not significantly different Should have no effect on landscaping itself. Urban soils are rarely deficient in phosphorus (Chalker-Scott PhD). There is more likely to be a nitrogen deficiency and when restored to optimal levels allows the plant to get phosphorus from the soil. ATTACHMENTS: Gurnee Sample Ordinance Libertyville Sample Ordinance State Fertilizer Requirements Agenda Packet P. 57

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67 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 1 of 8 Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. ENVIRONMENTAL SAFETY (415 ILCS 65/) Lawn Care Products Application and Notice Act. (415 ILCS 65/1) (from Ch. 5, par. 851) Sec. 1. Short title. This Act may be cited as the Lawn Care Products Application and Notice Act. (Source: P.A ) (415 ILCS 65/2) (from Ch. 5, par. 852) Sec. 2. Definitions. For purposes of this Act: "Application" means the spreading of lawn care products on a lawn. "Applicator for hire" means any person who makes an application of lawn care products to a lawn or lawns for compensation, including applications made by an employee to lawns owned, occupied or managed by his employer and includes those licensed by the Department as licensed commercial applicators, commercial not-for-hire applicators, licensed public applicators, certified applicators and licensed operators and those otherwise subject to the licensure provisions of the Illinois Pesticide Act, as now or hereafter amended. "Buffer" means an area adjacent to a body of water that is left untreated with any fertilizer. "Day care center" means any facility that qualifies as a "day care center" under the Child Care Act of "Department" means the Illinois Department of Agriculture. "Department of Public Health" means the Illinois Department of Public Health. "Facility" means a building or structure and appurtenances thereto used by an applicator for hire for storage and handling of pesticides or the storage or maintenance of pesticide application equipment or vehicles. "Fertilizer" means any substance containing nitrogen, phosphorus or potassium or other recognized plant nutrient or compound, which is used for its plant nutrient content. "Golf course" means an area designated for the play or practice of the game of golf, including surrounding grounds, trees, ornamental beds and the like. "Golf course superintendent" means any person entrusted with and employed for the care and maintenance of a golf course. "Impervious surface" means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes pavement, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements. Agenda Packet P. 67 1/10/2017

68 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 2 of 8 "Lawn" means land area covered with turf kept closely mown or land area covered with turf and trees or shrubs. The term does not include (1) land area used for research for agricultural production or for the commercial production of turf, (2) land area situated within a public or private rightof-way, or (3) land area which is devoted to the production of any agricultural commodity, including, but not limited to plants and plant parts, livestock and poultry and livestock or poultry products, seeds, sod, shrubs and other products of agricultural origin raised for sale or for human or livestock consumption. "Lawn care products" means fertilizers or pesticides applied or intended for application to lawns. "Lawn repair products" means seeds, including seeding soils, that contain or are coated with or encased in fertilizer material. "Person" means any individual, partnership, association, corporation or State governmental agency, school district, unit of local government and any agency thereof. "Pesticide" means any substance or mixture of substances defined as a pesticide under the Illinois Pesticide Act, as now or hereafter amended. "Plant protectants" means any substance or material used to protect plants from infestation of insects, fungi, weeds and rodents, or any other substance that would benefit the overall health of plants. "Soil test" means a chemical and mechanical analysis of soil nutrient values and ph level as it relates to the soil and development of a lawn. "Spreader" means any commercially available fertilizing device used to evenly distribute fertilizer material. "Turf" means the upper stratum of soils bound by grass and plant roots into a thick mat. "0% phosphate fertilizer" means a fertilizer that contains no more than 0.67% available phosphoric acid (P 2 O 5 ). (Source: P.A , eff ; , eff ) (415 ILCS 65/3) (from Ch. 5, par. 853) Sec. 3. Notification requirements for application of lawn care products. (a) Lawn Markers. (1) Immediately following application of lawn care products to a lawn, other than a golf course, an applicator for hire shall place a lawn marker at the usual point or points of entry. (2) The lawn marker shall consist of a 4 inch by 5 inch sign, vertical or horizontal, attached to the upper portion of a dowel or other supporting device with the bottom of the marker extending no less than 12 inches above the turf. (3) The lawn marker shall be white and lettering on the lawn marker shall be in a contrasting color. The marker shall state on one side, in letters of not less than 3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here shall be inserted the name and business telephone number of the applicator for hire)." (4) The lawn marker shall be removed and discarded by the property owner or resident, or such other person authorized by the property owner or resident, on the day Agenda Packet P. 68 1/10/2017

69 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 3 of 8 following the application. The lawn marker shall not be removed by any person other than the property owner or resident or person designated by such property owner or resident. (5) For applications to residential properties of 2 families or less, the applicator for hire shall be required to place lawn markers at the usual point or points of entry. (6) For applications to residential properties of 2 families or more, or for application to other commercial properties, the applicator for hire shall place lawn markers at the usual point or points of entry to the property to provide notice that lawn care products have been applied to the lawn. (b) Notification requirement for application of plant protectants on golf courses. (1) Blanket posting procedure. Each golf course shall post in a conspicuous place or places an all-weather poster or placard stating to users of or visitors to the golf course that from time to time plant protectants are in use and additionally stating that if any questions or concerns arise in relation thereto, the golf course superintendent or his designee should be contacted to supply the information contained in subsection (c) of this Section. (2) The poster or placard shall be prominently displayed in the pro shop, locker rooms and first tee at each golf course. (3) The poster or placard shall be a minimum size of 8 1/2 by 11 inches and the lettering shall not be less than 1/2 inch. (4) The poster or placard shall read: "PLANT PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION." (c) Information to Customers of Applicators for Hire. At the time of application of lawn care products to a lawn, an applicator for hire shall provide the following information to the customer: (1) The brand name, common name, and scientific name of each lawn care product applied; (2) The type of fertilizer or pesticide contained in the lawn care product applied; (3) The reason for use of each lawn care product applied; (4) The range of concentration of end use product applied to the lawn and amount of material applied; (5) Any special instruction appearing on the label of the lawn care product applicable to the customer's use of the lawn following application; (6) The business name and telephone number of the applicator for hire as well as the name of the person actually applying lawn care products to the lawn; and (7) Upon the request of a customer or any person whose property abuts or is adjacent to the property of a customer of an applicator for hire, a copy of the material safety data sheet and approved pesticide registration label for each applied lawn care product. Agenda Packet P. 69 1/10/2017

70 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 4 of 8 (d) Prior notification of application to lawn. In the case of all lawns other than golf courses: (1) Any neighbor whose property abuts or is adjacent to the property of a customer of an applicator for hire may receive prior notification of an application by contacting the applicator for hire and providing his name, address and telephone number. (2) At least the day before a scheduled application, an applicator for hire shall provide notification to a person who has requested notification pursuant to paragraph (1) of this subsection (d), such notification to be made in writing, in person or by telephone, disclosing the date and approximate time of day of application. (3) In the event that an applicator for hire is unable to provide prior notification to a neighbor whose property abuts or is adjacent to the property because of the absence or inaccessibility of the individual, at the time of application to a customer's lawn, the applicator for hire shall leave a written notice at the residence of the person requesting notification, which shall provide the information specified in paragraph (2) of this subsection (d). (e) Prior notification of application to golf courses. (1) Any landlord or resident with property that abuts or is adjacent to a golf course may receive prior notification of an application of lawn care products or plant protectants, or both, by contacting the golf course superintendent and providing his name, address and telephone number. (2) At least the day before a scheduled application of lawn care products or plant protectants, or both, the golf course superintendent shall provide notification to any person who has requested notification pursuant to paragraph (1) of this subsection (e), such notification to be made in writing, in person or by telephone, disclosing the date and approximate time of day of application. (3) In the event that the golf course superintendent is unable to provide prior notification to a landlord or resident because of the absence or inaccessibility, at the time of application, of the landlord or resident, the golf course superintendent shall leave a written notice with the landlord or at the residence which shall provide the information specified in paragraph (2) of this subsection (e). (f) Notification for applications of pesticides to day care center grounds other than day care center structures and school grounds other than school structures. (1) The owner or operator of a day care center must either (i) maintain a registry of parents and guardians of children in his or her care who have registered to receive written notification before the application of pesticide to day care center grounds and notify persons on that registry before applying pesticides or having pesticide applied to day care center grounds or (ii) provide written or telephonic notice to all parents and guardians of children in his or her care before applying pesticide or having pesticide applied to day care center grounds. (2) School districts must either (i) maintain a registry of parents and guardians of students who have registered to receive written or telephonic notification Agenda Packet P. 70 1/10/2017

71 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 5 of 8 before the application of pesticide to school grounds and notify persons on that list before applying pesticide or having pesticide applied to school grounds or (ii) provide written or telephonic notification to all parents and guardians of students before applying pesticide or having pesticide applied to school grounds. (3) Written notification required under item (1) or (2) of subsection (f) of this Section may be included in newsletters, calendars, or other correspondence currently published by the school district, but posting on a bulletin board is not sufficient. The written or telephonic notification must be given at least 4 business days before application of the pesticide and should identify the intended date of the application of the pesticide and the name and telephone contact number for the school personnel responsible for the pesticide application program or, in the case of a day care center, the owner or operator of the day care center. Prior notice shall not be required if there is imminent threat to health or property. If such a situation arises, the appropriate school personnel or, in the case of a day care center, the owner or operator of the day care center must sign a statement describing the circumstances that gave rise to the health threat and ensure that written or telephonic notice is provided as soon as practicable. (Source: P.A , eff ) (415 ILCS 65/4) (from Ch. 5, par. 854) Sec. 4. Applicator certification and training requirements. Applicators for hire must be certified and licensed by the Department under the Illinois Pesticide Act, as now or hereafter amended, before they can apply lawn care products to lawns. (Source: P.A ) (415 ILCS 65/5) (from Ch. 5, par. 855) Sec. 5. Containment of spills, wash water, and rinsate collection. (a) No loading of lawn care products for distribution to a customer or washing or rinsing of pesticide residues from vehicles, application equipment, mixing equipment, floors or other items used for the storage, handling, preparation for use, transport, or application of pesticides to lawns shall be performed at a facility except in designated containment areas in accordance with the requirements of this Section. A lawn care containment permit, issued by the Department, shall be obtained prior to the operation of the containment area. The Department shall issue a lawn care containment permit when the containment area or facility complies with the provisions of this Section and the rules and regulations adopted under Sections 5 and 6. A permit fee of $100 shall be submitted to the Department with each permit application or permit renewal application. All moneys collected pursuant to this Section shall be deposited into the Pesticide Control Fund. (b) No later than January 1, 1993, containment areas shall be in use in any facility as defined in this Act and no wash water or rinsates may be released into the environment except in accordance with applicable law. Containment areas shall Agenda Packet P. 71 1/10/2017

72 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 6 of 8 include the following requirements: (1) The containment area shall be constructed of concrete, asphalt or other impervious materials which include, but are not limited to, polyethylene containment pans and synthetic membrane liners. All containment area materials shall be compatible with the lawncare products to be contained. (2) The containment area shall be designed to capture spills, washwaters, and rinsates generated in the loading of application devices, the lawncare product-related servicing of vehicles, and the triple rinsing of pesticide containers and to prevent the release of such spills, washwaters, or rinsates to the environment other than as described in paragraph (3) of this subsection (b). (3) Spills, washwaters, and rinsates captured in the containment area may be used in accordance with the label rates of the lawncare products, reused as makeup water for dilution of pesticides in preparation of application, or disposed in accordance with applicable local, State and federal regulations. (c) The requirements of this Section shall not apply to situations constituting an emergency where washing or rinsing of pesticide residues from equipment or other items is necessary to prevent imminent harm to human health or the environment. (d) The requirements of this Section shall not apply to persons subject to the containment requirements of the Illinois Pesticide Act or the Illinois Fertilizer Act of 1961 and any rules or regulations adopted thereunder. (Source: P.A , eff ) (415 ILCS 65/5a) Sec. 5a. Fertilizer; application restrictions. (a) No applicator for hire shall: (1) Apply phosphorus-containing fertilizer to a lawn, except as demonstrated to be necessary by a soil test that establishes that the soil is lacking in phosphorous when compared against the standard established by the University of Illinois. The soil test required under this paragraph (1) shall be conducted no more than 36 months before the intended application of the fertilizer and by a soil testing laboratory that has been identified by the University of Illinois as an acceptable laboratory for soil testing. However, a soil test shall not be required under this paragraph (1) if the fertilizer to be applied is a 0% phosphate fertilizer or the fertilizer is being applied to establish a lawn in the first 2 growing seasons. (2) Apply fertilizer to an impervious surface, except where the application is inadvertent and fertilizer is swept or blown back into the target area or returned to either its original or another appropriate container for reuse. (3) Apply fertilizer using a spray, drop, or rotary spreader with a deflector within a 3 foot buffer of any water body, except that when this equipment is not used, fertilizer may not be applied within a 15 foot buffer of any water body. (4) Apply fertilizer at any time when the lawn is Agenda Packet P. 72 1/10/2017

73 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 7 of 8 frozen or saturated. For the purposes of this paragraph (4), a lawn is frozen when its root system is frozen (typically 3 or 4 inches down), and a lawn is saturated when it bears ample evidence of being or having been inundated by standing water. (b) This Section does not apply to the application of fertilizer on property used in the operation of a commercial farm, lands classified as agricultural lands, or golf courses. (c) This Section does not apply to the application of lawn repair products. (d) Paragraph (1) of subsection (a) of this Section does not apply to the application of animal or vegetable manure that is ground, pelletized, mechanically dried, packaged, or supplemented with plant nutrients or other substances other than phosphorus. (Source: P.A , eff ) (415 ILCS 65/6) (from Ch. 5, par. 856) Sec. 6. This Act shall be administered and enforced by the Department. The Department may promulgate rules and regulations as necessary for the enforcement of this Act. The Department of Public Health must inform school boards and the owners and operators of day care centers about the provisions of this Act that are applicable to school districts and day care centers, and it must inform school boards about the requirements contained in Sections and of the School Code. The Department of Public Health must recommend that day care centers and schools use a pesticidefree turf care program to maintain their turf. The Department of Public Health must also report violations of this Act of which it becomes aware to the Department for enforcement. (Source: P.A , eff ; , eff ) (415 ILCS 65/7) (from Ch. 5, par. 857) Sec. 7. When an administrative hearing is held by the Department, the hearing officer, upon determination of any violation of this Act or rule or regulation, shall either refer the violation to the State's Attorney's office in the county where the alleged violation occurred for prosecution or levy the following administrative monetary penalties: (a) a penalty of $250 for a first violation; (b) a penalty of $500 for a second violation; and (c) a penalty of $1,000 for a third or subsequent violation. The penalty levied shall be collected by the Department, and all penalties collected by the Department under this Act shall be deposited into the Pesticide Control Fund. Any penalty not paid within 60 days of notice from the Department shall be submitted to the Attorney General's office for collection. Upon prosecution by a State's Attorney, a violation of this Act or rules shall be a petty offense subject to a fine of $250 for a first offense, a fine of $500 for a second offense, and a fine of $1,000 for a third or subsequent offense. (Source: P.A , eff ) Agenda Packet P. 73 1/10/2017

74 415 ILCS 65/ Lawn Care Products Application and Notice Act. Page 8 of 8 (415 ILCS 65/8) Sec. 8. (Repealed). (Source: P.A Repealed by P.A , eff ) (415 ILCS 65/9) Sec. 9. Home rule. (a) On and after the effective date of this amendatory Act of the 96th General Assembly, a unit of local government may not regulate fertilizer in a manner more restrictive than the regulation of fertilizer by the State under this Act, unless the Department of Agriculture determines that a proposed ordinance of a unit of local government is reasonable under the specific circumstances based on standards that the Department shall adopt by rule. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (b) Subsection (a) of this Section shall not apply to any local ordinance or regulation in effect before the effective date of this amendatory Act of the 96th General Assembly. (Source: P.A , eff ) Agenda Packet P. 74 1/10/2017

75 Agenda Item Executive Summary Title: Ordinance No. MC : Amending Liquor Code (Introduction) Presenter: Marc Hornstein, Deputy Chief of Police and Peter Friedman, Village Attorney Agenda Date: 03/07/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: None. Executive Summary: The Village receives inquires from existing liquor license holders who occasionally wish to host an off site special occasion that would include the sale and service of alcoholic beverages. With the exception of not-for-pecuniary-profit organizations, the liquor license holder has no lawful means of hosting a special occasion that involves the sale and service of alcoholic beverages off site. The creation of a special use license would mirror state law and allow an existing liquor license holder to host a special occasion that could include the sale and service of alcoholic beverages. Additionally, not-for-pecuniary-profit organizations often apply for a Class C Liquor License under section of the Village code. The code restricts an organization from receiving more than seven such licenses within any calendar year. Such restriction may adversely impact a not-for-pecuniary-profit organization's ability to promote philanthropic events. Removing the seven license limit within a calendar year would be beneficial in promoting not-for-pecuniary-profit events within the village. The Village Attorney prepared a draft proposed amendment that will mirror state law and create a special use liquor license under Chapter 5.09 of the Village Code subject to the following conditions: (i) completion of the liquor license application background investigation by the police department; (ii) the term of such license shall be no more than two (2) days; (iii) no sale of alcohol will be permitted until the licensee has obtained a valid Illinois Special Use Permit liquor license for the event. The ordinance will also amend section thus allowing not-for-pecuniary organizations to receive more than seven licenses within a calendar year. Recommendation: Consider introduction of Ordinance No. MC Amending the liquor control regulations regarding the creation of a special use license as well as removing the Class C Liquor License limit of seven within a calendar year for not-for-pecuniary -profit organizations. Attachments: 1) Ordinance No. MC Agenda Packet P. 75

76 ORDINANCE NO. MC AN ORDINANCE AMENDING THE WINNETKA VILLAGE CODE TO THE AMEND THE CLASS C LICENSE REGULATIONS AND ESTABLISH A NEW SPECIAL USE LIQUOR LICENSE CLASSIFICATION 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, Chapter 5.09 of the Winnetka Village Code ( Village Code ) regulates the sale of alcoholic beverages within the Village ( Liquor Control Regulations ); and WHEREAS, the Liquor Control Regulations require, among other things, any establishment that desires to sell alcoholic beverages within the Village to first obtain a license from the Village; and WHEREAS, Section of the Village Code establishes various liquor license classifications that authorize the sale of alcoholic beverages by certain types of establishments, subject to conditions; and WHEREAS, Class C liquor licenses permit civic, fraternal, service or charitable not-forprofit organizations to serve or sell alcohol at special events, subject to a restriction that an eligible organization may only receive seven such licenses per year; and WHEREAS, the Village desires to eliminate any limitation on the number of Class C licenses an organization may obtain within a calendar year; and WHEREAS, the Village also desires to permit the holders of Illinois retailer liquor licenses to sell or serve alcohol at special events within the Village, subject to certain conditions and restrictions; and WHEREAS, the Village Council desires to amend Section of the Village Code to (i) remove the restriction that a not-for-profit organization may only obtain seven Class C licenses in a calendar year; and (ii) establish a new special use permit liquor license classification to authorize the holders of Illinois retailer liquor licenses to serve or sell alcohol at special events, subject to certain conditions and restrictions (collectively, the Proposed Amendments ); and WHEREAS, the Village Council has determined that adoption of the Proposed Amendments as set forth in this Ordinance is in the best interest of the Village and its residents; NOW, THEREFORE, the Council of the Village of Winnetka do 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. March 7, 2017 MC Agenda Packet P. 76

77 SECTION 2: DEFINITIONS. Section , titled Definitions, of Chapter 5.09, titled Liquor Control Regulations, of Title 5, titled Business Licenses and Regulations, is hereby amended to read as follows: Section Definitions. * * * "Sidewalk service" means the sale and service of alcoholic beverages in an area on the public sidewalk adjacent to the licensed premises, as approved by the Village Council pursuant to Chapter of this code. As used in this chapter, "sidewalk service" shall also mean and include the sale and service of alcoholic beverages on other public rights of way or public property pursuant to a Class C or Class X liquor license, as approved by the Village Council pursuant to Chapter of this code. * * * SECTION 3: TERMINATION DATE. Section , titled Termination Date, of Chapter 5.09, titled Liquor Control Regulations, of Title 5, titled Business Licenses and Regulations, is hereby amended to read as follows: Section Termination Date. A. Every license issued under the provisions of this chapter in any "A," "B," "D," "E," "P" or "W" classification, shall terminate at the end of the fiscal year for which the license was issued. (MC , Amended, 04/01/2014; MC , Amended, 8/20/2013; MC , Amended, 04/17/2012, adds wine station rider; MC , Amended, 06/03/03, Adds Class P) B. Every Class C and Class X license issued under the provisions of this chapter shall terminate on the date specified in the license. SECTION 4: CLASSIFICATION OF LICENSES. Section , titled Classification of Licenses, of Chapter 5.09, titled Liquor Control Regulations, of Title 5, titled Business Licenses and Regulations, is hereby amended to read as follows: Section Classification of Licenses. * * * J. Class C Licenses. Class C licenses authorize the sale and service of alcoholic beverages by civic, fraternal, service or charitable not-for-pecuniaryprofit organizations, at picnics, outings, festivals, theater nights, or other such similar special occasions for consumption on the premises or within the area March 7, 2017 MC Agenda Packet P. 77

78 specifically designated for such license. No more than seven such licenses shall be issued to any one licensee within any calendar year. * * * S. Class X Special Use Permit License. Class X licenses authorize an Illinois licensed liquor retailer to transfer a portion of its alcoholic liquor inventory from its retail licensed premises to the premises specifically designated for such license to sell or serve alcoholic beverages, but not for resale in any form, at picnics, outings, festivals, theater nights, or other such similar special occasions for consumption on the premises or within the area specifically designated for such license. A Class X special use permit license may be granted for a maximum of 15 days per location in any 12 month period. 1. An applicant for a Class X special use permit license must also obtain a State of Illinois special use permit license, in accordance with Section 5-1(q) of the Liquor Control Act of The sale and service of alcoholic beverages under a Class X special use permit license may also include sidewalk service of alcoholic beverages for consumption in an outdoor seating area, subject to the conditions set forth in section of this chapter, provided that the area and terms of such service shall be defined in the license. 3. The hours of service shall be as provided in section of this chapter and shall be specified in the license, along with the date(s) or the authorized sale of alcoholic liquors under this section. SECTION 5: LICENSE FEES. Section , titled License Fees, of Chapter 5.09, titled Liquor Control Regulations, of Title 5, titled Business Licenses and Regulations, is hereby amended to read as follows: Section License Fees. A. Fees Set by Council. The annual fee for all licenses issued under the provisions of this chapter shall be set from time to by resolution of the Village Council. B. Proration of Certain License Fees. 1. The license fee for any initial license that is issued after January 1st of any year, shall be reduced in proportion to the number of full calendar months that expired in the license year prior to the issuance of the license. 2. Notwithstanding the foregoing, fees for Class C and Class X licenses and fees for license renewals, including license renewals issued in 2014, shall not be subject to proration. March 7, 2017 MC Agenda Packet P. 78

79 C. Payment of Fees. All license fees shall be paid at the time the application is submitted to the Village. No application for a license or permit shall be accepted for processing unless the required fee has been paid in full. SECTION 6: LICENSE RENEWALS. Section , titled License Renewals, of Chapter 5.09, titled Liquor Control Regulations, of Title 5, titled Business Licenses and Regulations, is hereby amended to read as follows: Section License Renewals. A. Any license other than a Class C or Class X license is subject to renewal upon its expiration, subject to the following conditions and limitations: * * * SECTION 7: HOURS OF SERVICE. Section , titled Hours of Service, of Chapter 5.09, titled Liquor Control Regulations, of Title 5, titled Business Licenses and Regulations, is hereby amended to read as follows: Section Hours of Service. * * * C. Special events. The sale and service of alcoholic beverages by a civic, fraternal, service or charitable not-for-pecuniary-profit organization under a Class C license or by licensees under a Class X license, and the consumption of alcoholic beverages under such licenses, shall be permitted only on the dates and during the hours specified in the license. The sale, service and consumption of liquor may begin on or after the hour of 11:00 a.m. of one day and may continue until 2:00 a.m. of the following day, subject to the following limitations: 1. Between the hours of 11:00 a.m. of one day and 2:00 a.m. of the following day, for any or all of the days specified in the license if the alcoholic beverages are sold and consumed indoors in a fixed, permanent structure. 2. Between the hours of 11:00 a.m. of one day and 2:00 a.m. of the following day, for any or all of the days specified in the license, if the alcoholic beverages are sold in a tent or comparable temporary or movable structure, for consumption at tables and chairs located within such tent or structure, provided the sale or consumption of alcoholic beverages is incidental and complementary to the sale and consumption of other foods. 3. Between the hours of 11:00 a.m. and 10:00 p.m. of each day or days specified in the license if the alcoholic beverages are sold or consumed outdoors, or in a tent, booth, concession stand, or other such temporary or movable March 7, 2017 MC Agenda Packet P. 79

80 structure, provided the sale, service or consumption of alcoholic beverages is incidental and complementary to the sale and consumption of other foods. 4. The sale, service and consumption of alcoholic beverages shall be prohibited between the hours of 2:00 a.m. and 11:00 a.m. of any day. * * * SECTION 8: REVOCATION, SUSPENSION AND NONRENEWAL OF LICENSE. Section , titled Revocation, Suspension and Nonrenewal of License, of Chapter 5.09, titled Liquor Control Regulations, of Title 5, titled Business Licenses and Regulations, is hereby amended to read as follows: Section Revocation, Suspension and Nonrenewal of License. H. Summary Suspension Procedure. * * * 1. Except as provided in subsection I pertaining to Class C and Class X licenses, if the Liquor Control Commissioner has reason to believe that any continued operation of a particular licensed premises threatens the welfare of the community, he or she may issue a written summary suspension order that orders a licensed premises to be closed for not more than seven (7) days pending a hearing on the suspension or revocation of the license for such licensed premises. The authority to issue a summary suspension order shall be subject to the following conditions: * * * I. Summary Suspension Procedure for Class C and Class X Licenses. If the Local Liquor Control Commissioner has reason to believe that any continued operation of a particular Class C or Class X licensed premises threatens the welfare of the community, he or she may, without notice or hearing, order the licensed premises closed. * * * SECTION 9: 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] PASSED this day of, 2017, pursuant to the following roll call vote: AYES: NAYS: March 7, 2017 MC Agenda Packet P. 80

81 ABSENT: APPROVED this day of, Signed: Countersigned: Village President Village Clerk Introduced:, 2017 Passed and Approved:, 2017 Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this day of, March 7, 2017 MC Agenda Packet P. 81

82 Title: Agenda Item Executive Summary Presenter: Brian Keys, Director of Water & Electric Agenda Date: 03/07/17 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Executive Summary: Ordinance No. MC : Amending the Village Code to Adopt Small Cell Regulations (Introduction) Wireless telecommunication providers or their contractors have contacted the Village regarding the installation of "small cell" facilities at various locations within the Village, primarily on poles with the public rights-of-way. The Village's existing regulations do not address the placement and/or potential proliferation of small cell facilities. At the November 10, 2015 Village Council Study Session, the Village Attorney and staff presented information on the regulatory framework and policy options within which the Village could elect to regulate wireless facilities including small cell sites. Staff was directed to develop regulations for the placement of small cell sites to be managed administratively by Village staff and to the extent possible with minimal impact on residential areas. Village staff and the Village Attorney have drafted Chapter 14.20, "Regulation of Small Cells", as an addition to Village Code, intended to regulate the placement and/or potential proliferation of small cell facilities. The proposed addition will equitably regulate the location and installation of small cell facilities within the Village in compliance with applicable federal and State of Illinois laws. As proposed, Chapter would create submittal requirements for a permit application, a permit review process, and a prioritized listing of sites where small cell facilities may be located. Consistent with other types of permit applications, the small cell site permit application would be submitted to the Community Development Department. Under the proposed regulation, the Director of Water & Electric or other person appointed by the Village Manager is the staff member tasked with reviewing and approving the application(s). If a permit application is denied by the Director of Water & Electric, the wireless carrier may appeal the denial to the Village Manager. The proposed Village Code would prohibit small cells at the following locations: a. In any location within 100 feet of the "front" or "corner front" of any single family detached dwelling. b. In any location closer than 500 feet to any other small cell. c. On a utility pole located on a private road unless and easement agreement allows the use of the utility pole for that purpose. d. On any utility pole that includes equipment such as capacitor banks, transformers, cable terminals, fuses, or disconnects. The proposed Village Code also includes specific standards for small cell facilities that govern overall height, size, color, and adherence to other applicable regulatory safety, building and electrical codes. Overall height of the small cell facilities is limited 40 feet and cannot extend more than five feet above the existing utility pole. Agenda Packet P. 82

83 Executive Summary (continued): No application for a small cell site on Village property will be approved unless the site has been approved by the Director of Water & Electric and a lease agreement for the site in a form provided by the Village, has been approved by the Village Council. The lease agreement must provide (a) a term not exceeding 10 years, (b) annual rent to the Village in an amount not less than $4,000 per year, (c) provisions for the Village to terminate the lease with one year notice if the wireless carrier installs underground facilities that adequately serve the area of the small cell, (d) provisions for the Village to terminate the lease with removal of the small cell if the Village installs underground facilities and removes the facility on which the small cell is located and (e) provisions for termination of the lease, on 30-days written notice, if the wireless carrier breaches the lease and fails to cure the breach. Ordinance No. MC , prepared by the Village Attorney, amends Title 14 of the Winnetka Village Code to adopt regulations governing the location and installation of small cell facilities to minimize their adverse impacts and to equitably allocate opportunities to install and maintain small cell facilities within the Village. Recommendation: Consider introduction of Ordinance No. MC , An Ordinance Amending the Winnetka Village Code to Adopt Small Cell Regulations Attachments: Ordinance No. MC , An Ordinance Amending the Winnetka Village Code to Adopt Small Cell Regulations Chapter "Regulation of Small Cells" November 10, 2015 Agenda Materials: Discussion of Small Cell Wireless Facilities Agenda Packet P. 83

84 ORDINANCE NO. MC AN ORDINANCE AMENDING THE WINNETKA VILLAGE CODE TO ADOPT SMALL CELL REGULATIONS 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 14 of the Winnetka Village Code, as amended ("Village Code"), regulates telecommunications, cable television, and other utilities; and WHEREAS, wireless telecommunication providers desire to install and maintain small cell wireless telecommunication facilities ( Small Cells ) within the Village; and WHEREAS, the installation of Small Cells within the Village has potential adverse impacts on the public health, safety, and welfare of the Village and its residents; and WHEREAS, the Village Council desires to adopt regulations governing the location and installation of Small Cells ( Small Cell Regulations ) to minimize these adverse impacts of Small Cells and to equitably allocate opportunities to install and maintain Small Cells at locations within the Village in accordance with applicable federal and State law; and WHEREAS, the Village Council has determined that it is necessary and in the best interest of the Village to amend Title 14 of the Village Code as set forth in this Ordinance; NOW, THEREFORE, the Council of the Village of Winnetka do 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: ADOPTION OF SMALL CELL REGULATIONS. Title 14, titled Telecommunications, Cable Television and Other Utilities, of the Winnetka Village Code is hereby amended by adding a new Chapter 14.20, titled Regulation of Small Cells, 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] March 7, 2017 MC Agenda Packet P. 84

85 PASSED this day of, 2017, pursuant to the following roll call vote: AYES: NAYS: ABSENT: APPROVED this day of, 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, Introduced: March, 2017 Passed and Approved:, 2017 March 7, 2017 MC Agenda Packet P. 85

86 EXHIBIT A March 7, 2017 MC Agenda Packet P. 86

87 Small Cell Regulations March 1 draft Chapter Regulation of Small Cells Section Purpose and Scope A. Purpose. The purpose of this Chapter is to equitably regulate the location and installation of small cells within the Village in compliance with applicable federal and State of Illinois laws and based on the following factors: (1) the needs of wireless carriers, (2) the number and types of existing wireless facilities located within the Village, (3) the priority assigned by this Chapter to potential sites for the installation of small cells, (4) the potential impacts of small cells on the Village, (5) the standards for wireless telecommunications service facilities set forth in Section of the Winnetka Zoning Ordinance, and (6) other factors that the Village Manager or his or her designee may determine are appropriate. B. Scope. This Chapter applies to the location and installation of small cells within the Village. Except as specifically provided in this Chapter, this Chapter does not limit the applicability of the provisions of Chapter of this Code to the location and installation of small cell facilities within the Village. In the event that the provisions of this Chapter and the provisions of Chapter of this Code conflict, this Chapter controls. Section Definitions Director means the Village s Director of Water & Electric or other person appointed by the Village Manager to act under this Chapter Small cell means a low-powered wireless base station, including components such antennas, transceiver equipment, and cabinets, that functions like a cell in a wireless mobile network but over a significantly smaller coverage area than a traditional macro cell. The term small cell includes microcells, distributed antenna system ( DAS ) installations, and all similar installations and facilities. Small cell facility means a small cell and its support pole or other structure. Small cell site means a location where a small cell facility has been or may be installed. Section Permit Required No small cell may be installed within the Village unless a permit is first obtained in accordance with the provisions of this Chapter. Section Permit Application and Review Process A. Permit Application. All applicants for a permit to install a small cell site within the Village must submit a written permit application to the Community Development Department on a form provided by the Village. The permit application must include the following information: # _v4 1 Agenda Packet P. 87

88 Small Cell Regulations March 1 draft 1. The names and contact information of the wireless carrier seeking the permit and every contractor or consultant assisting or acting on behalf of the wireless carrier. 2. A description, current maps, and data depicting and describing the wireless carrier s existing wireless facilities located within the Village and within one mile of the Village. 3. A written statement of the wireless carrier or its consultant of the need for the small cells as proposed and how the installation of the small cells as proposed would address coverage or capacity gaps or deficiencies. 4. The location and photographs of each proposed small cell site and its immediate surroundings, depicting the poles or structures on which each proposed small cell facility would be mounted. 5. Specifications and drawings for each proposed small cell facility as it is intended to be installed. 6. A statement of the total number of small cells the wireless carrier estimates it will seek within the Village and a map or drawing generally depicting the locations within the Village of the anticipated small cell sites. 7. A schedule for the installation of the estimated small cell facilities, if approved. 8. A data, site, and plan fee in the amount of $ for each small cell site plus actual costs incurred by the Village for outside consulting services, if any, for radio frequency coverage and methodology analysis 9. Written proof from the owner of a pole or structure not owned by the Village of permission to install a small cell facility on that pole or structure. B. Review of Application. Applications will be reviewed in accordance with the following process, except that the Director may alter the review process for an application as appropriate based on the elements of that application. 1. Facility and Site Analysis. The Director will review all applications submitted pursuant to this Chapter and will determine, based on the information provided in the permit application, whether the requested small cells in the proposed locations satisfy the standards of this Chapter. 2. Legal Standards. The Director will not: (a) unreasonably discriminate among wireless carriers of functionally equivalent services, (b) prohibit or have the effect of prohibiting the provision of services by a wireless carrier, or (c) regulate the placement, construction, and modification of small cell wireless facilities on the basis of the environmental effects of radio frequency emissions. 3. Number of Small Cell Sites. The Director may reasonably limit the number of small cell sites available, both within the Village at a particular time and # _v4 2 Agenda Packet P. 88

89 Small Cell Regulations March 1 draft in particular locations, to each wireless carrier based on the current inventory of available sites and currently-estimated total demand for small cell sites by wireless carriers. 4. Approval of Village Sites. No application for a small cell site on Village property will be approved unless the site has been approved by the Director and a lease agreement for the site in a form provided by the Village, has been approved by the Village Council. The lease agreement must provide (a) a term not exceeding 10 years, (b) annual rent to the Village in the amount not less than $4,000 per year with an automatic annual increase of not less than 3 percent, (c) termination of the lease and removal of the small cell facility, on one-year written notice by the Village to the wireless carrier, if the wireless carrier installs underground facilities that adequately serve the area of the small cell, (d) termination of the lease and removal of the small cell, on one-year notice by the Village if the Village installs underground facilities and removes the facility on which the small cell is located, and (e) termination of the lease and removal of the small cell facility, on 30-days written notice by the Village to the wireless carrier, if the wireless carrier breaches the lease and fails to cure the breach within the 30-day notice period. 5. Priority of Small Cell Sites. Based on various factors including among others public safety, existing Village facilities, utilities, fair and equitable allocation of infrastructure, and potential adverse impacts on the Village and its residents, the following priority list of locations, from highest (item a.) to lowest (item m.), applies to small cell sites. A small cell facility must be located at the highest priority location technically feasible, and no small cell facility may be installed at a lower priority location unless no higher priority location is available or technically feasible within the vicinity of the proposed small cell site. a. The portion of the west and south boundaries of the Winnetka Park District Golf Course adjoining the Cook County Forest Preserve, for a distance of 25 feet from each such boundary. b. The southwest quadrant of the Winnetka landfill at 1390 Willow Road. c. The Winnetka Public Works Yards at 1390 Willow Road. d. The site of the Winnetka Public Safety Building at 410 Green Bay Road. e. The site of the Winnetka Water & Electric Plant at Tower Road. f. The site of the golf netting poles at the eastern edge of the Winnetka Park District golf driving range. g. The site of the Village owned parking garage located on Merrill Street in Hubbard Woods. # _v4 3 Agenda Packet P. 89

90 Small Cell Regulations March 1 draft h. Village owned utility poles or street light poles located within the C-1 Neighborhood Commercial District or the C-2 General Retail Commercial District. i. Utility or street light poles owned by the railroad. j. Village owned or maintained traffic signal poles located within the C-1 Neighborhood Commercial District or the C-2 General Retail Commercial District. k. Village owned utility or streetlight poles located in the public right-ofway and located more than 50 feet from the rear of any single-family detached dwelling on a public improved alley. l. Village owned utility or streetlight poles located in the public right-ofway and located more than 100 feet from the front or corner front of any single family detached dwelling, as those terms are defined in Chapter 17 of the Village Code. m. Private utility poles, but only in locations approved by the Village. 6. Concealment of Small Cell. If the Director determines that a small cell at a small cell site proposed by the applicant would have an unduly adverse impact on the abutting area unless the small cell is concealed, then the Director may require, as a condition of approval, that the proposed small cell be concealed. The Director or the Director s designee may meet with the applicant to determine whether and how the small cell may be concealed acceptably to both the Village and the applicant. If an agreement cannot be reached, then the Director may deny the permit for that proposed small cell site. 7. Prohibited Locations. Small cell are prohibited at the following locations: a. In any location within 100 feet of the front or corner front of any single family detached dwelling. b. In any location closer than 500 feet to any other small cell. c. On any utility pole located on a private road unless an easement agreement allows the use of the utility pole for that purpose. d. On any utility pole that includes equipment such as capacitor banks, transformers, cable terminals, fuses, or disconnects. 8. Exceptions to Location Restrictions. The Director may grant an exception to the priority of small cell sites set forth in Section C.5 of this Code or to the prohibited locations set forth in Section C.7 of this Code, but only if the wireless carrier demonstrates a specific, significant need that cannot be satisfied reasonably without granting an exception. # _v4 4 Agenda Packet P. 90

91 Small Cell Regulations March 1 draft C. Denial of Permit. A denial of a permit for the installation of a small cell facility by the Director must be made in writing, stating the reason or reasons for the denial. D. Appeals. If a permit for the installation of a small cell wireless facility is denied by the Director, then the wireless carrier may appeal the denial to the Village Manager. The appeal must be in writing and include a copy of the permit application and a statement of the reasons why the permit application should be granted in accordance with this Chapter. The appeal may include a request for a meeting with the Village Manager. On receipt of a written request for a meeting, the Village Manager will set a date for the meeting not more than ten business days after receipt of the request or such later time requested by the appellant. At the meeting, the Village Manager will hear from all interested persons, including the appellant and the Director and his or her designees. The Village Manager will issue a written decision on the appeal within 10 business days after completion of the meeting but not more than 30 business days after receipt of the appeal. The decision of the Village Manager will be final. Section Specific Standards A. Size of Components. No mast, antenna, or other equipment may exceed six cubic feet in volume or four feet in any dimension. grade. B. Overall Height. No mast or antenna may extend more than 40 feet above C. Height Above Pole. No mast, antenna, or other equipment may extend five feet or higher above the existing utility pole or streetlight pole. D. Color. Antennas and equipment cabinets must be in colors harmonious with, and that generally blend into, the surroundings. E. Mounting Strength. The antenna and related equipment must be designed to withstand a wind force of 100 miles per hour without the use of supporting wires. F. Landscaping. The immediate area around any ground-mounted equipment or cabinets must be landscaped in a manner that largely screens the equipment and cabinets. G. Guy Wires Prohibited. No guy or other support wires may be sued in connection with the small cell antenna or its related equipment. H. Grounding. The antenna and related structure must be bonded to a grounding rod. I. Emergency Disconnection. The antenna must have an emergency disconnect. J. IDOT Approval. The applicant must provide proof of IDOT s concurrence for the use of traffic signals located on state roads. K. Lighting. No small cell may be lighted unless required by the Federal Aviation Administration or other federal or state agency with jurisdiction and authority. # _v4 5 Agenda Packet P. 91

92 Small Cell Regulations March 1 draft L. Signs and Advertising. Unless required by federal or state law, or by a rule of a federal or state regulatory agency with jurisdiction and authority, no signs or advertising of any kind may be placed on any small cell component. M. Building Codes and Safety Standards. The small cell site must meet or exceed (1) all requirements of the Village Code, (2) all other applicable local and state building codes and electrical codes, (3) and industry standards. N. Regulatory Compliance. Each small cell and small cell site must meet or exceed current standards and regulations of the Federal Communications Commission, the Federal Aviation Administration, and any other federal or state agency with jurisdiction and authority. O. Abandonment. Any small cell that has been abandoned or is being used for a purpose other than its original purpose must be removed at the owner s expense. Any small cell that has been out of operation for any reason, or used for a purpose other than its original purpose, for more than 90 days will be deemed by the Village to be abandoned. Section Installation and Maintenance of Facilities Each wireless carrier must construct, install, and maintain all small cell facilities in accordance with the standards set forth in Sections through of this Code. Section Violations and Penalty Violations of the provisions of this Chapter will be determined and penalized in accordance with the provisions of Chapter 1.08 of this Code. # _v4 6 Agenda Packet P. 92

93 Title: Agenda Item Executive Summary Presenter: Peter M. Friedman, Village Attorney Agenda Date: 11/10/2015 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: None. Discussion of Small Cell Wireless Facilities Executive Summary: Multiple wireless telecommunication providers or their contractors have contacted the Village regarding the installation of new small cell wireless facilities at various locations within the Village, primarily on poles within public rights-of-way. Many other municipalities in the Chicagoland region have received similar inquiries. The Village Attorney and the Director of Water & Electric have prepared information for the Village Board to on (1) the applicable federal and State laws, which create the framework within which the Village may regulate wireless facilities including small cell facilities, (2) the Village s existing right-of-way and zoning regulations, and (3) various approaches the Village may consider to regulate small cell facilities. Recommendation: Provide direction on any further necessary information and policy options. Attachments: 1) Agenda Report 2) November 5, 2015 Memorandum from Village Attorney Peter M. Friedman Agenda Packet P. 93

94 SUBJECT: PREPARED BY: Small Cell Wireless Facilities Peter Friedman, Village Attorney DATE: November 5, 2015 Background Several wireless telecommunication providers or their contractors have contacted the Village regarding the installation of new small cell wireless facilities at various locations within the Village, primarily on poles within public rights-of-way. Many other municipalities in the Chicagoland region have received similar inquiries. The Village s existing regulations of wireless facilities were designed to regulate cell towers, large cell sites, and related facilities of the time. Those large facilities serve the primary purpose of customer access (that is, cell signal coverage). Small cell facilities are different from large cell sites, both in size and purpose. The Village s existing regulations thus are not directly applicable to the circumstances raised by small cell installations. While small cell facilities do enhance signal coverage, the primary purpose of small cell facilities is to increase data capacity as customer demands for data increase. Large cell sites have been installed on a few towers and buildings in the Village. In contrast, the nature of small cell facilities is that they are very limited in geographical reach and thus they must be installed in many more locations in a geographic area than can be served by a single large cell site. As a result, telecommunication providers seek to install small cell facilities on utility poles, streetlight and traffic signal poles, and similar structures, usually within utility easements and public rights-of-way. Typically only one small cell can be installed on a pole in an area like the Village, to avoid undue stress on the pole. The Village s existing regulations may not be sufficient to control the potential proliferation of small cell facilities. This attached memorandum discusses (1) the applicable federal and State laws, which create the framework within which the Village may regulate wireless facilities including small cell facilities, (2) the Village s existing right-of-way and zoning regulations, and (3) various approaches the Village may consider to regulate small cell facilities. Several proposals the Village has received for installation of small cell facilities are included in the memorandum. It is timely and appropriate for the Village to proactively consider the various policy options related to the regulation of small cell facilities. That is the purpose of the November 10, 2015 Study Session on this topic. Recommendation: 1) Discuss regulatory framework and policy options in order to provide further direction on administrative and code amendments and strategies. Attachment Attachment A: November 5, 2015 Memorandum from Village Attorney Peter Friedman Agenda Packet P. 94

95 131 South Dearborn Street, 30th Floor Chicago, IL T F Holland & Knight LLP Peter M. Friedman (312) peter.friedman@hklaw.com Memorandum Date: November 5, 2015 To: From: Re: President Gene Greable Village Trustees Peter M. Friedman, Village Attorney Small Cell Wireless Facilities Multiple wireless telecommunication providers or their contractors have contacted the Village regarding the installation of new small cell wireless facilities at various locations within the Village, primarily on poles within public rights-of-way. Many other municipalities in the Chicagoland region have received similar inquiries. A synopsis of contacts with the Village is included at the end of this memorandum. Like many municipalities, the Village adopted its existing regulations of wireless facilities to regulate cell towers, large cell sites, and related facilities of the time. Those large facilities serve the primary purpose of customer access (that is, cell signal coverage). Small cell facilities are different from large cell sites, both in size and purpose. The Village s existing regulations thus are not tuned to the circumstances raised by small cell installations. While small cell facilities do enhance signal coverage, the primary purpose of small cell facilities is to increase data capacity as customer demands for data increase. Large cell sites have been installed on a few towers and buildings in the Village. In contrast, the nature of small cell facilities is that they are very limited in geographical reach and thus they must be installed in many more locations in a geographic area than can be served by a single large cell site. As a result, telecommunication providers seek to install small cell facilities on utility poles, streetlight and traffic signal poles, and similar structures, usually within utility easements and public rights-of-way. Typically only one small cell can be installed on a pole in an area like the Village, to avoid undue stress on the pole. The Village s existing regulations may not be sufficient to control the potential proliferation of small cell facilities. This memorandum discusses (1) the applicable federal and State laws, which create the framework within which the Village may regulate wireless facilities including small cell facilities, (2) the Village s existing right-of-way and zoning regulations, and (3) various approaches the Village may consider to regulate small cell facilities. Several proposals the Village has received for installation of small cell facilities are included with this memorandum. Agenda Packet P. 95

96 1. Regulatory Framework. a. U.S. Telecommunications Act. The U.S. Telecommunications Act, 47 USC, limits, in Section 332(c)(7)(B), the regulation of the placement, construction, and modification wireless facilities, including small cell facilities, by state and local governments. The Act preserves a local government s right to make decisions regarding the placement, construction, and modification of personal wireless service facilities, but the local government may not: i. unreasonably discriminate among providers of functionally equivalent services; ii. iii. prohibit or have the effect of prohibiting the provision of personal wireless services; and regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions. Under that Act, the Village must act on requests for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with the Village, taking into account the nature and scope of the request. Any decision by the Village to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. Any person adversely affected by the Village s final action or failure to act may file an action in court within 30 days after the action or failure to act. b. Illinois Telephone Company Act. Section 4 of the Illinois Telephone Company Act, 220 ILCS 65/4, authorizes telecommunications carriers, including wireless telecommunication providers, to install facilities in public rights-of-way, subject to direction by municipalities regarding the location of the facilities. A carrier must give written notice to the corporate authorities of the municipality or their designees of the carrier s intent to install facilities in a right-of-way. The notice must include plans and specifications of the facilities. Notice must be given 10 days before the facilities are to be installed or, if the installation involves excavation, 30 days before the facilities are to be installed. After receipt of notice from a carrier, the corporate authorities or their designee must, within 10 days or, if excavation is required, 25 days, identify the location or locations within the right-of-way where the facilities may be installed. After receipt of the permitted locations, the carrier must provide to the municipalities plans and specifications for the installation of the facilities and install the facilities in accordance with those plans and specifications. If the municipality does not provide to the carrier locations where the proposed facilities may be constructed, the carrier may proceed with installation of the facilities at locations that it chooses, so long as the locations do not interfere with proper uses of the right-of-way. # _v2 2 Agenda Packet P. 96

97 2. Existing Village Regulations. a. Chapter of Village Code: Construction of Utility Facilities in the Public Rights-of-Way. i. Permit Required. Chapter of the Village Code applies to all facilities belonging to or used by a utility other than the Village and located within a right-of-way. For the purpose of Chapter 14.04, utility includes telecommunications provider, which specifically includes cellular mobile telecommunication services and mobile radio services. Section requires all utilities to obtain a permit from the Village for work in the right-of-way other than the installation and maintenance of service connections that would not disrupt the right-of-way. Work that requires a permit specifically includes: (1) changing the location of facilities; (2) installing new facilities; (3) work that disrupts the right-of-way; (4) work that materially increases the space within the right-of-way occupied by a facility; and (5) work that expands the capacity of a facility to provide service not previously provided by the facility. If a permit application proposes the installation of above-ground or freestanding facilities, the application must include proof that the applicant has notified the owners and occupants of all properties located within 250 feet of the proposed location of the proposed installation. The notice must include a site plan, the dimensions of the proposed equipment, and a statement that the installation is subject to Council approval. Section B sets forth a special process for permit applications for telecommunication facilities that is intended to comply with Section 4 of the Telephone Company Act. After a carrier provides notice to the Village of its intent to construct facilities and the Village identifies the locations where the facilities may be installed, the carrier must apply for a permit. If the Village s Director of Public Works determines that the proposed installation conforms with the requirements of Chapter and all other applicable law, the Director of Public Works must issue a permit as soon as practicable. If the Village does not respond to a carrier s notice if intent to install facilities in the right-of-way within the time periods set forth in Section 4 of the Telephone Company Act, then the carrier may commence work without obtaining a permit from the Village. ii. Generally Facilities Must Be Underground. Section provides additional regulations governing the location of facilities within rights-of-way. As a general rule, all facilities must be underground. Pursuant to Section C, underground facilities: (1) may be located under a paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment; (2) must be installed at a location will not interfere with Village facilities, use of the right-of-way, travel, and visibility; and (3) must, in the case of communication lines, be located within five feet from the right-of-way line, with any above-ground appurtenance located within one foot of the right-ofway line. # _v2 3 Agenda Packet P. 97

98 Pursuant to D, an underground communication facility may cross a highway only if: (1) the design materials and construction methods provide a maximum maintenance-free service life; and (2) the initial installation provides all foreseeable capacity needed by the carrier in the future. iii. Above-ground facilities. Above-ground facilities must be approved by the Village Council in accordance with standards set forth in Section H. Additionally, pursuant to Section B, overhead facilities may not be installed, replaced, or upgraded unless: (1) the Village Electric Utility has overhead electrical lines running parallel to the same right-of-way at the same location; (2) the proposed overhead facility is for the routine repair or maintenance of existing overhead facilities and does not increase the capacity of existing lines or add additional overhead lines; (3) the overhead facility will not require installation of new poles; and (4) the overhead line will comply with the minimum vertical clearance requirements of rules promulgated by the Illinois Commerce Commission ( ICC ). Section D provides that overhead communication facilities may not cross a highway unless: (1) the Village s Electric Utility has overhead electric lines crossing the same highway at the same location; (2) the proposed overhead facility is for the routine repair or maintenance of existing overhead facilities and does not increase the capacity of existing lines or add additional overhead lines; (3) the overhead facility will not require installation of new poles; (4) the owner of the communication facility has a pole agreement with the Village; and (5) the overhead line will comply with the minimum vertical clearance requirements of rules promulgated by the ICC. iv. Freestanding facilities. Section F authorizes the Village to restrict the location and size of any freestanding facility (as opposed to a facility installed on a pole) in a right-of-way. Freestanding facilities must be underground unless the Design Review Board determines that the landscape plan provides adequate visual screening and the facility is approved in advance by the Village Council in accordance with criteria set forth in Section H. Freestanding facilities are prohibited on or above any sidewalk within the Village and on or above any parkway located adjacent to a school or church, within a commercial or multifamily zoning district, within 10 feet of any parkway tree, and within the drip line of a protected tree. Freestanding facilities are prohibited in rights-of-way unless approved by the Village Council. v. Appearance standards. Section G imposes appearance standards on facilities in rights-of-way. The Director of Public Works must determine that a proposed free-standing facility does not require extensive removal of trees and other landscape features. Additionally, the Design Review Board must review and approve proposed free-standing facilities in accordance with certain findings. # _v2 4 Agenda Packet P. 98

99 vi. Other regulations. Chapter also imposes other regulatory requirements, including that permitees obtain and maintain certain insurance protecting the Village, indemnify the Village, provide performance security covering the installation work and restoration of the right-of-way, and comply with construction standards. b. Chapter of Zoning Ordinance: WTSF Wireless Facilities Telecommunications Service Facilities Overlay District. Section C of the Zoning Ordinance establishes the Wireless Telecommunications Service Facilities Overlay District ( Overlay District ), which is comprised of two parts: (1) the following locations: (a) an area along the south and west boundaries of the Winnetka Park District Golf Course; (b) the Village Public Works Yard located at 1390 Willow Road; (c) the southwest portion of the Village landfill located at 1390 Willow Road; (d) the Village Water and Electric Plant located at Lake Michigan and Tower Road; (e) the Village Public Safety Building located at 410 Green Bay Road; and (f) the golf netting poles located at the eastern edge of the Winnetka Park District Golf Driving Range (collectively, the Public Properties ); and (2) the C-1 and C-2 Zoning Districts (collectively, the C Districts ). Except as provided in Chapter of the Zoning Ordinance, wireless telecommunication facilities are prohibited within all zoning districts in the Village. Pursuant to Section D, monopoles, masts, and antennas are permitted accessory uses at the Public Properties. This means that such structures are permitted, so long as they are incidental to the principal uses of the Public Properties. In contrast, antennas and related cabinets and shelters are special accessory uses in the C Districts. This means that antennas may not be installed in the C Districts unless a special use permit is granted pursuant to the notice and hearing processes described in Chapter of the Zoning Ordinance. Within the overlay district, Section E sets forth an order of priority for the locations where new wireless telecommunication facilities may be installed. Sections H through N establish site requirements for each of the Public Properties and the C Districts, including the number of wireless telecommunication facilities permitted at each of the Public Properties. A wireless telecommunication facility may not be installed at any location unless higher priority sites have been fully utilized or are not technically feasible. Other site requirements for the Public Properties and the C Districts include limitations on height, location, co-location, and design and, in some cases, additional procedural requirements for the approval of a wireless telecommunication facility. The site requirements vary by location. All applications for building permits and special use permits for wireless telecommunication facilities must include plans and maps showing compliance with the requirements of Chapter # _v2 5 Agenda Packet P. 99

100 3. Possible Regulatory Approaches. a. Temporary Moratorium on New Facilities. Some communities have imposed a temporary moratorium on the issuance of permits and other approvals related to wireless telecommunication facilities for the purpose of developing new regulations that address small cell facilities. This approach gives small cell wireless providers notice that new permits will not be granted, cutting off any potential vested right to install facilities pursuant to existing regulations that may be less restrictive. The Village must be very cautious about a moratorium, however, for several reasons. The FCC has determined that the shot-clock provisions related to traditional facilities (that is, time limits on reviewing applications) also apply to small cell facilities. The shot-clock runs regardless of any moratorium. Also, the telecommunications industry dislikes moratoriums and the enactment of a moratorium may adversely affect a working relationship with a telecommunications provider that is attempting to work cooperatively with the Village. b. Amendments to Chapter Chapter of the Village Code already limits the circumstances under which aboveground and overhead facilities may be installed in rights-of-way, but the regulations do not neatly fit the circumstances related to small cell facilities. The Village must be careful to avoid applying an existing regulation in a manner that would run afoul of the limitations set in the U.S. Telecommunications Act or the provisions of the Illinois Telephone Act. In addition, Chapter is primarily a construction code. It does not currently address matters such as site designations, property rights, and other details that may relate to small cell facilities. c. Amendments to Chapter The Village s existing zoning regulations allow wireless facilities only as accessory uses within the Overlay District. The regulations do not specifically permit wireless facilities within rights-of-way. These regulations thus are inadequate to thoroughly and unambiguously regulate small cell facilities, which will be likely located throughout the Village in numerous locations within rights-of-way. In addition, wireless providers have claimed that the Zoning Ordinance does not apply at all to small cell facilities because the zoning regulations only apply to zoning lots and not rightsof-way. The Village certainly will disagree with that contention, but it would be prudent to amend the Zoning Ordinance so there are no questions as to the applicability of its regulations to all types of wireless communications facilities. Therefore, if the Village determines that small cell facilities should be regulated in the Zoning Ordinance, new provisions will be required to cover the various elements of small cell facilities siting, installation, and maintenance. And, in any event, those Zoning Ordinance provision should be updated even if new small cell facilities regulations are codified elsewhere. # _v2 6 Agenda Packet P. 100

101 4. Regulatory Approaches. The Village should consider adoption of regulations governing numerous elements of small cell facilities. Those regulations may be suitable for the Zoning Ordinance or the Village Code, or both, and may include such standards as the following: A written application for permission to install a small cell site, including the information required from the applicant. A process the Village will follow to evaluate an application and make a decision on it. Site criteria, such as preferred locations, prohibited locations, preferred types of poles or other forms of installations, required licenses, easements or other property rights. Fees for using Village poles or other facilities. Exceptions from the site criteria and the various conditions for granting exceptions. A method for determining available sites and, if necessary, allocating sites among the numerous telecommunications providers that will seek them. New regulations must be crafted to avoid discriminating among telecommunications providers and to avoid the effect of prohibiting service, in violation of the U.S. Communication Act. Staff and the Village Attorney will be prepared to discussion the various options and standards the Village may consider. 5. Synopsis of Contacts from Telecommunications Providers. March 2014 AT&T Mobility contacted the Village to discuss the process and permitting to secure approval of small cell equipment in the public right-of-way. AT&T completed all of their preliminary engineering and siting information and started to discuss development of utility operating agreements and license fees. In February 2015, AT&T Mobility notified the Village that it was placing the project on hold until AT&T was proposing to install equipment at three sites. These included: the intersection of Scott Avenue & Lake Street, 1523 Edgewood Lane and 747 Hibbard Road. December 2014 Insite Inc., a real estate consulting service, contacted the Village on behalf of Verizon about installing a small cell at Village Hall. The Village declines due appearance concerns. # _v2 7 Agenda Packet P. 101

102 January 2015 CCSI contacted the Village on behalf of an unnamed carrier. They were interested in installing small cell sites near the Hubbard Woods Metra Station and downtown Winnetka. Sites targeted by CCSI were located on Park District and/or private property. March 2015 Blue Streak Cable & Telecommunications contacted the Village about installing small cell sites on utility poles. The contractor was retained by Verizon. Six sites were identified for a small cell sites. Locations identified were the following: 1025 Hill Road, 1390 Willow Road, 1255 Elm Street, 335 Locust Road, 920 Greenwood Avenue and 1215 Westmoor Road. As of August, Blue Streak has completed their engineering of the sites. Blue Streak and Verizon personnel have met with the Water & Electric utility to discuss operating agreements and license fees. July 2015 Mobilitie contacted the Village about installing small cell sites in public right-of-way and/or on utility poles. September 2015 WT Communications contacted Water & Electric about electric service requirements for a new small cell site located on private property. # _v2 8 Agenda Packet P. 102

103 6. Examples of Small Cell Site Installations # _v2 9 Agenda Packet P. 103

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106 Photo simulation of proposed site in another community. # _v2 12 Agenda Packet P. 106

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109 Title: Agenda Item Executive Summary Presenter: Robert M. Bahan, Village Manager & Megan E. Pierce, Assistant Village Manager Agenda Date: 03/07/2017 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Downtown Master Plan Implementation -October 25, 2016: Village Council Budget Review of Business District Revitalization Fund -November 3, 2016: Village Council Adoption of Ordinance M , Amending the Winnetka 2020 Comprehensive Plan to include the Downtown Master Plan -January 10, 2017: Village Council Study Session on Downtown Master Plan Implementation Executive Summary: Based on Council feedback at the January 2017 Study Session, as well as the recently presented opportunity for a streetscape improvement that could be constructed this year, Staff is prepared to discuss a revised Downtown Master Plan (DMP) implementation process and outlook. On Tuesday, we will review: targeted streetscape improvements, financing strategies, and revised DMP phasing. Recommendation: Staff seeks Council direction on DMP Implementation, including: 1) Public/private partnership for targeted streetscape improvements at the intersection of Spruce Street and Chestnut Avenue; 2) Reallocation of 2017 Business District Revitalization Fund dollars; 3) Available financing strategies for public entities; and 4) Revised 2017 Implementation Program. Attachments: - Agenda Report - Attachment #1, Spruce/Chestnut Streetscape Conceptual Plan - Attachment #2, DMP 2017 Implementation Schedule Agenda Packet P. 109

110 VILLAGE OF WINNETKA AGENDA REPORT TO: FROM: CC: Village Council Robert M. Bahan, Village Manager Megan E. Pierce, Assistant Village Manager Michael D Onofrio, Director of Community Development DATE: February 28, 2017 SUBJECT: Downtown Master Plan Implementation Meeting Objectives: Staff seeks Village Council direction and concurrence on a number of Downtown Master Plan (DMP) implementation items in order to build upon the positive momentum of the 2015/2016 process and the adopted Action Plan, including: Public/private partnership for targeted streetscape improvements at the intersection of Spruce Street and Chestnut Avenue; Reallocation of 2017 Business District Revitalization Fund dollars; Available financing strategies for public entities; and Revised 2017 Implementation Program. Based on Council feedback at the January 2017 Study Session, as well as the opportunity for a streetscape improvement which could be constructed this year, Staff is prepared to discuss a revised process and outlook. Targeted Streetscape Improvements: Following the January Study Session, Staff began revising the 2017 DMP work plan and discussing an alternative proposal with Teska Associates. During late January, Community Development received a request to enter into a public/private partnership from the developer constructing the new restaurant at 574 Green Bay Road, which is the site of the former Fred s Garage property located at Spruce and Chestnut. In early February, Staff met with the developer, and they presented three options for constructing enhanced streetscape at their site. The developer also requested financial assistance from the Village for the options that targeted enhanced streetscape improvements in the public right of way and adjacent to their property. The developer has committed to approximately $63,000 in streetscape improvements and believes it worthwhile to pursue additional enhancements now, consistent with the Village s Streetscape Plan, while the property was under construction. Shown below are the three options the developer presented for Village consideration. 1 Agenda Packet P. 110

111 More detailed plans are shown in Attachment #1, Spruce/Chestnut Streetscape Drawings. Option #1 Minimal Option #2 Mid Range Option #3 Village Plan Approach Option $63,000 $125,000 $260,000* *The developer s original cost estimate was $235,000, but did not include electrical and lighting, which adds $25,000 for total estimated cost of $260,000. Staff requested some additional time to consider their request and to review streetscape options for this area. Thereafter, Public Works/Engineering was asked to review the options presented by the developer, consider broadening the streetscape project within that area, and update the unit pricing of the Village s Streetscape Plan. Public Works/Engineering recently brought forward their analysis which is summarized below: Initially, Public Works/Engineering considered implementing streetscape along the north side and south side of Spruce Street and along both sides of Chestnut from Spruce on the north to the alleys south on each side of the street. The estimated cost to construct this project area was $861,000, which exceeds budget capacity for this fiscal year. To only implement Option #3, Public Works/Engineering has developed a cost estimate of $265,855 which is very close to the cost estimate of $260,000 presented by the developer. To implement Option #3 and the west side of Chestnut (both sides south to alleys) including the bump out at the Starbucks corner added an additional $217,000 for a total of $482,887. After being presented with this intervening request, Staff re-evaluated the proposed DMP work plan for FY 2017 and is presenting this opportunity for the Council s consideration. Given the opportunity to implement significant streetscape while a development project is under construction, Staff recommends re-allocating currently budgeted physical project improvements including bike racks, Merrill Street conversion, wayfinding program, gateway signage, and funds proposed for the Post Office evaluation towards constructing these highly visible and valuable physical improvements during the upcoming construction season. As described later in this report, the projects being recommended for deferral would be further evaluated and discussed later this year when the overall Streetscape Plan is considered by the Council for funding and phasing. Following is a list of the budgeted items and dollars from the 2017 Business District Revitalization Fund. Staff proposes to reallocate these funds to the Targeted Streetscape project at Spruce and Chestnut: Item: Estimated Cost: Bike Racks $50,000 Merrill Conversion $75,000 Wayfinding Program & Signage $65,000 Gateway Signage $55,000 Post Office Site Evaluation $50,000 Subtotal $295,000 Existing FY17 Spruce St. Allocation $75,000 TOTAL $370,000 2 Agenda Packet P. 111

112 As listed above, a total of $370,000 in funding could be allocated towards the targeted streetscape project this year. Below is a summary of how the project could be funded this year: Estimated Cost of Targeted Streetscape Project: $482,887 Less Re-allocated DMP Projects: ($370,000) Less Developer Contribution: ($63,000) Difference: $49,000 The estimated difference would be covered by the fund balance in the Downtown Revitalization Fund, including the task of Ciorba Group updating the targeted civil drawings. Depending upon final costs incurred, some contingency funds could also be utilized if needed. If the Council concurs with this approach, Staff requires direction to enter into an agreement with the developer stipulating the developer s contribution towards the overall improvements, project management, and responsibility. We must also finalize the construction plans, prepare a construction schedule for this season, and proceed with bidding the project. Financing Strategies: During the January Study Session the topic of financing the downtown improvements was raised, and Staff was asked to consider and report to the Council on some of the more common economic development tools available to municipalities. There is a generally accepted set of economic development tools available to local governments in Illinois. The table below summarizes some of the more common tools used in our area: Economic Development Tool Strengths Tax Increment Financing (TIF) Special Service Area (SSA) Additional Sales Tax or Home Rule Sales Tax Business District Designation Land Write Downs Often largest source of funds; not an additional tax Flexible Use of Funds Home Rule Communities can institute additional sales tax without referendum in quarter percent intervals flexible use of funds Flexible Use of Funds, allows for additional sales tax within the designated area Provides Parcel Site Weaknesses Some Limits on Flexibility of Funds; school and other special unit tax impacts Creates Additional Property Tax; Objections can be filed Creates Additional Tax Creates Additional Tax; Redundant with Home Rule Sales Tax option Municipality Must Own the Land Development Control Fund Raising/Foundations Non-Public Money Difficult to Establish and obtain 3 Agenda Packet P. 112

113 To provide the Council with an overview of options for potentially funding downtown improvements, we will briefly explain the first three listed tools including TIF, SSA, and sales tax options. Tax Increment Financing Tax Increment Financing (TIF) is a program that allocates future increases in property taxes from a designated area, or TIF district, to pay for improvements within that area. In Illinois, the TIF district can remain in place for up to 23 years after its creation. The district can be extended for another 12 years, but an extension requires an act of the state legislature. Normally, property is taxed by several different governmental jurisdictions: the municipality, School District, County, Park District, Water Reclamation District, etc. The taxes levied are allocated to each district in accordance with its tax rate. Under TIF, the property taxes resulting from increased value due to new development, rehabilitation or improvement, property appreciation, equalization, or rate changes are all allocated to the municipal TIF fund. Other jurisdictions continue to receive the property taxes generated by the base value of properties in the district prior to the TIF development. All properties in the district are assessed in the same manner as all other properties and taxed at the same rate. TIF is not an increase in taxes. It is only a re-allocation of how the increase in tax revenues are used. Increases in property taxes experienced by property owners are due to reassessment and rate increases, not TIF. Illinois law specifies a number of requirements that must be satisfied for an area to qualify for Tax Increment Financing, beginning with identifying the project area and the physical and economic deficiencies that need to be cured. An Eligibility Analysis is required to be performed to meet the statutory requirements. The municipality must also demonstrate that these conditions will not be addressed without some local action. What is often called the but for test, calls for the municipality to show that but for the public investment provided through the TIF, effective redevelopment or development will not occur. The establishment of a TIF also requires the preparation and approval of a Project Area Redevelopment Plan. This plan includes an assessment of the area in need of economic assistance, and demonstrates why the area needs redevelopment and how the municipality plans to revitalize it. Illinois law requires review by the major overlapping taxing bodies and a public hearing on the plan prior to TIF designation. The plan must be made available for public review and inspection at least 45 days prior to the public hearing. The Redevelopment Plan typically includes: Documentation as to how the area satisfies the "but for" requirement; A description of the boundaries of the area recommended for redevelopment; A discussion of why the area needs redevelopment; The redevelopment goals and objectives for the area; An explanation of how land in the TIF district will be used; A budget for the life of the TIF, including the total TIF eligible costs; and An evaluation of the fiscal and programmatic impact on the overlapping taxing bodies. 4 Agenda Packet P. 113

114 Typical TIF projects include: Redeveloping substandard, obsolete, or vacant buildings; Financing general public infrastructure improvements, including streets, sewer, water, and the like, in declining areas; Remediating polluted areas; Improving the viability of downtown business districts; Providing infrastructure needed to develop a site for new industrial or commercial use; and Rehabilitating historic properties. Types of TIF-Eligible Costs The eligible uses for TIF funds are provided in Illinois Tax Increment Allocation Redevelopment Act (65 ILCS 5/ through ) or the TIF Act. The Illinois TIF Act generally authorizes that TIF funds may be used for: Administration of a TIF redevelopment project; Property acquisition; Rehabilitation or renovation of existing public or private buildings; Construction of public works or improvements; Job training; Relocation; Financing costs, including interest assistance; Studies, surveys, and plans; Marketing sites within the TIF; Professional services, such as architectural, engineering, legal, and financial planning; and Demolition and site preparation. Special Service Areas Special service area (SSA) financing is a taxing mechanism used by a municipality to finance additional services, improvements, or facilities desired in a certain contiguous portion of its jurisdiction. An SSA constitutes a differential taxing area within a municipality in which the improvement or service is financed through an additional tax applicable only on the area receiving the benefit. For example, if people located in the main business district of a community go to village hall and ask that new street lighting be installed, then according to the SSA method of financing, the village could issue bonds payable from additional property taxes levied in only that business district. These taxes would be extended by the county clerk and would appear on the real estate tax bill of each person within the boundary of the special service area. The Village has utilized SSAs for public infrastructure improvements, including dedication of private roads to Village roads, alley, and street improvements. The life of an SSA depends on the funding mechanism employed, such as debt issued, but they are not established in perpetuity. However, the Village has not recently used SSAs for downtown improvements. There are statutory guidelines for establishing an SSA, including: 5 Agenda Packet P. 114

115 Adopt an ordinance proposing the establishment of the special service area, which must outline the parameters of the SSA, including the purpose of the SSA, the property to be included, the tax rate that may be imposed, the duration (if any) of the SSA, the amount of SSA bond (if any) to be issued, and the method for allocating the taxes; Schedule a public hearing to be held by the Village Council not less than 60 days after the adoption of the ordinance; Publish notice of the hearing at least 15 days in advance in the newspaper and mail a copy at least 10 days in advance to all taxpayers for each property with the proposed SSA; Conduct a public hearing; Observe a 60-day waiting period to allow petitions to block implementation. If a petition is filed that is signed by 51% of the electors and 51% of the owners in the proposed SSA area, the SSA cannot proceed; Adopt an ordinance establishing the SSA and its parameters; Record the ordinance with the Cook County Recorder within 60 days of passage; and File a certified copy of the ordinance and supporting documents with the Cook County Clerk. Local Home Rule Sales Tax Many area municipalities have pursued additional local sales tax as a General Fund revenue enhancement, depending upon the make-up of the local tax base. The Village of Winnetka, as a home rule unit of government, has the authority to institute home rule sales tax. As a home rule community, an ordinance is all that is required for implementing a home rule sales tax. A voter referendum is not required. Once an ordinance has been adopted by the Village and a certified copy has been filed with the Illinois Department of Revenue, the State will administer and enforce the new sales tax rate that has been imposed. For example, if the ordinance is approved by April 1 st the tax will take effect by July 1 st of the same year. If filed by October 1 st, the tax will take effect on January 1 st of the following year. Home rule sales tax must be imposed in ¼ percent increments and there is no maximum rate limit. The following area home rule municipalities have implemented a home rule sales tax: Municipality Home Rule Sales Tax Rate as of 1/1/207 Deerfield 1.00% Glenview 0.75% Highland Park 1.00% Lake Forest 0.50% Northbrook 0.75% Northfield 0.75% Wilmette 1.00% Home rule sales tax revenue is generally consistent, could be considered General Fund revenue, or earmarked for specific needs such as capital improvements. If for example, a 1% home rule sales tax was imposed, a conservative estimate of $700,000 - $725,000 in annual sales tax revenue could be realized. This is significantly less than the approximate $1.2 million the 6 Agenda Packet P. 115

116 Village currently receives in our base 1% sales tax allocation. This is due to various items that are excluded from the home rule sales tax such as auto sales, groceries, and prescriptions. As the above summaries illustrate, there are several options for the Council to consider for financing public improvements and/or pursuing financing of redevelopment of key parcels in the Village. Staff seeks direction on what additional information should be provided to further advance one or more strategies presented. Revised DMP Implementation Phasing: Earlier this year, Council emphasized the need to refine the Village s existing Streetscape Plans before embarking on wholesale new designs and improvements. The Targeted Streetscape at Spruce and Chestnut will require updates to the 2010 Streetscape Civil Drawings and also facilitates costing improvements in current dollars. Thereafter, we propose Staff and the Council focus efforts on future financing strategies for streetscape and appropriate long-term phasing. In addition, there are a number of other short-term implementation items we believe can be accomplished in 2017 with the remaining budget; please see Attachment #2, DMP 2017 Implementation Schedule. Staff proposes four projects outside of the Targeted Streetscape and Financing Strategies: 1. Install Pilot Parklet a. Staff, with Teska Associates, would facilitate the design of a pilot Parklet, which is a temporary and seasonal streetscape installation that would be located on a Village-controlled roadway. Two existing parking spaces would be merged to create this accessible space for outdoor dining in one of the business districts. We would seek stakeholder feedback from the Design Review Board as part of the process and ultimately seek bids for construction and installation. b. We propose this project would be complete by the end of Q2. 2. Review Parking Signage & Allocations a. Staff would engage Sam Schwartz Engineering to further their work on regulatory signage and parking allocation which began with the DMP process. Site visits, map creation, and written protocol would allow Staff to adopt the final recommendations and implement the sign changes throughout the business districts. b. We propose this project would be completed during Q3. 3. Conduct Board & Commissioner Training a. It is an opportune time to conduct training with all of our Council advisory boards, including: Design Review Board, Environmental & Forestry Commission, Landmark Preservation Commission, Plan Commission, and Zoning Board of Appeals. The Village s attorney, Holland & Knight, would be the lead to conduct the general rules training. b. In addition, the American Planning Association would facilitate further training with our land use-related boards. c. We propose this work would take place over Q2 and Q3. 4. Evaluate Six DMP Zoning Recommendations a. Council feedback in January indicated that streetscape improvements were a high priority and that it was preferable for the Council to kick-off the policy 7 Agenda Packet P. 116

117 discussions around zoning. There are six areas of recommendation related to zoning which Staff has proposed should be addressed in the short-term; please recall a brief description of each item that follows is included in the January 2017 agenda packet: i. Revise the Commercial Overlay District; ii. Reduce/Clarify Standards for Zoning Entitlements; iii. Implement Administrative Approval for Minor Variations (Commercial Districts); iv. Establish a Planned Development Commission; v. Refine Design Review Process; and vi. Establish a Fee-in-Lieu for Parking Relief. b. Staff believes these are priority items from the DMP Action Plan that will impact other future work. However, this work can very reasonably begin with a revised Scope of Work specific to this project from Teska Associates, and with authorization, Council workshops could begin this summer. The proposed DMP Implementation Task Force would begin its work in mid-q3. We envision a similar role for the Task Force as previously presented, but they would kick-off with structured policy guidance from the Village Council. The Task Force, facilitated by Teska Associates, would also conduct stakeholder outreach. c. As this project has heavy engagement, it is likely to continue into the beginning of 2018, and regular Council updates would be provided. Next Steps: Immediately, Staff would like to take action to collaborate with the owner of 574 Green Bay Road (Fred s Garage) to solidify the Targeted Streetscape Plans. Plan refinement and bidding would take place in the next 60 days. In the meantime, we will start with Council s direction on Streetscape Financing. Also immediately upon Council s direction, we will begin the scope of work for the Pilot Parklet. Attachments: Attachment #1, Spruce/Chestnut Streetscape Streetscape Drawings Attachment #2, DMP 2017 Implementation Schedule 8 Agenda Packet P. 117

118 Attachment #1 r - - I Custom Concrete Barrier Curb and,/ I! I I!!.I Oj....,..,... I w/ Custom Concrete Barrier Curb & Metal l r!!! -..,,,., J...,_... l """""" ""'"' 1!1 I I I Expanded into Chestnut w/new Curb& Gutter \ I. Agenda Packet P. 118