VILLAGE OF POPLAR GROVE “A GREAT PLACE TO CALL HOME”

ADMINISTRATION COMMITTEE AGENDA

October 28, 2013 – 6:30 PM

Members – Ron Quimby (Chairman)

Don Bawden (Trustee)

Jeff Goings (Trustee)

I. Roll Call: Page

II. Approval of Agenda:

III. Review and Approval of Minutes:

A. September 23, 2013 1

IV. Guest Speakers:

A. Bernie Anderson

V. Public Comment:

VI. Ordinances:

A. Authorize Village Administrator to Approve General Permits / Sosnowski 3

VII. Resolutions:

VIII. Agreements, Contracts, RFPS, etc.:

A. NICOR Franchise Agreement / Sosnowski 8

B. Intergovernmental Agreement between VPG and Capron Rescue Squad / Sosnowski 14

IX. Parks Advisory Committee:

A. Report

X. Planning & Zoning Commission:

A. Report

B. Special Use Permit / WECS 16

XI. Old Business:

A. Achievement Recognition Signs – Discussion 32

B. Video Gaming Boutiques - Discussion

XII. New Business:

A. Amend Subdivision Code – Discussion 33

XIII. Adjournment:

A. Next regular meeting November 25, 2013 at 6:30 PM

Village of Poplar Grove

Administration Committee

Minutes of Sept 23, 2013

The Administration Committee was and called to order by Chairman Ron Quimby at 6:30 pm in the Village Hall.

Present:

Chairman Ron Quimby, Trustees Don Bawden, Jeff Goings, President John Neitzel, Administrator Mark Lynch, Clerk Martha Suhr,

Attorney Roxanne Sosnowski, Trustee Owen Costanza and DPW Jeff Strate.

Agenda:

A motion was made by Bawden, 2nd

by Goings to approve the agenda as amended, adding under New Business, F- EPI update,

G- Nicor agreement update, H- BMX track update. Motion was carried 3-0.

Minutes of August 26, 2013:

A motion was made by Bawden, 2nd

by Goings to approve the minutes as presented. Motion was carried 3-0.

Public Comment:

Robert Eisele, 4778 Whiting Road, spoke on signs of recognition to be erected. This would show pride in our youth and their

accomplishments and be an inspiration for other kids. President Neitzel spoke stating the Village will move forward with this and

the Board will be working on guidelines for this.

Ordinances:

Mobile Home Parks: A motion was made by Bawden, 2nd

by Goings to recommend the ordinance to the full board for approval.

Motion was carried 3-0.

Authorize Administrator to approve general permits: Attorney Sosnowski stated the ordinance needs a specific list of permits

that he would be able to approve. An ordinance will be put together for the October Administration Committee meeting to

review.

Resolutions:

Resolution of support Boys & Girls Club: This Club would be an extension of the Boys and Girls Club of Rockford to serve the

North Boone school district. A motion was made by Bawden, 2nd

by Goings to recommend to the full Board for approval. Motion

was carried 3-0.

Agreements, Contracts, ERFP’S, etc.:

Medicom Franchise Agreement: Attorney Sosnowski reviewed the latest draft of the agreement. This includes the customer

service language that the Village asked for and built in language for a PEG channel. The Village has not elected to charge a

franchise fee at this point but this can be put in at a later date if the Village desires to do so. This is a 10 year agreement and

Mediacom must comply with technical standards as outlined by the FCC. A motion was made by Goings, 2nd

by Bawden to send

the agreement to the full Board for approval. Motion was carried 3-0.

New Business:

Discussion for Trick or Treat date and time: Recommend Oct. 31 from 4 pm to 7 pm.

Discussion to establish policy for Achievement Signs recognizing Village residents: There was discussion on how long signs would

be up, where they would be placed, who would get them when taken down, just youths or also adult. There is a definite need for

a policy to provide guidelines. Trustee Bawden would like to work with someone to work out a policy to bring back to the

Administration Committee. President Neitzel volunteered to work with Trustee Bawden.

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Discussion of Video Gaming Boutiques: Definition of a Gaming Boutique was discussed and does Poplar Grove need a policy. It

was the consensus that the Village does not want them. Discussed possibility of putting something in the Liquor License code to

limit what licenses could be applied for. It was suggested to limit Boutique licenses to only one for the Village. This will move to

the Oct. Administration meeting for further discussion.

Discussion of keeping chickens within the Village limits: Pros and cons of the issue were discussed. Predators were a big concern

and if the upkeep of the chicken yard would be maintained. President Neitzel read a list of possible provisions that could be put

into an ordinance that would govern chickens within the Village limits. Consensus of the committee was to move forward with

the topic. The committee would like to have the lady requesting chickens come to the next Planning and Zoning meeting and

speak to this issue. Then it would be brought back to the Administration Committee for further review.

Discussion of Village Hall rental:

It was felt that there was a conflict of interest because the only people who could use the Hall on weekends would be a member

of the Board because they have a key to get in. This is a public building and should be accessible to all residents. If rented on the

weekends now someone has to come and unlock the door and return to lock up. Would the renter have to purchase an

insurance policy for one day, a one million dollar policy was suggested. The present charge is $75.00 for rental, non-profit and

other governmental units are not charged. The policy on renting needs to be rewritten, with clarification on items such as fees

and insurance. Comments on this item should be sent to Administrator Lynch. Trustee Bawden will work Administrator Lynch to

draft a policy for renting the Village Hall.

E.P.I.Update: At the last court date that Attorney Henry attended, he was able to get a partial order but needs to get two

affidavits executed by Mr. Long to be able to get a court order signed. The Village could get an order for Demo and municipal

fines or just either of them. A demo order would enjoin the LLC to demolish the building within a certain time frame, if not done

the Village could enter the building and demo it. Forest Pallet owns a building that is partially located on EPI property. They

would like to purchase the EPI property the building sits on. They may use an exemption to the Plat Act to acquire the property.

The Village needs to move forward with the ligation and get a judgment and the order for demolition.

Nicor Franchise update: Administrator Lynch called the Northern Illinois Gas Consortium and learned they are almost finished

with their negotiations with Nicor. President Neitzel spoke with Bernie Anderson a Nicor Representative and received some

clarity on some items. Nicor is not a monopoly; another entity could come and lay gas lines. One down side to not renewing by

the contract end would be that the Village would lose the therm credit the Village currently gets. Attorney Sosnowski will submit

a draft to Nicor, get comments and bring it back to the Oct. Administration meeting. The Village can then invite Bernie Anderson

to speak at the next full Board meeting.

BMX update: Unable to get contractors to give prices for leveling the area. Because of the Tollway work, large contractors are

busy and the small ones are taking up the slack. The one price rec’d is very high. Hopefully it will be done this fall. Discussion on

renting equipment and doing the work ourselves.

Next Administration Committee meeting will be on Oct 28, 2013 at 6:30 pm.

A motion was made by Bawden, 2nd

by Goings to adjourn the meeting. Motion was carried 3-0. Meeting was adjourned at 8:23

pm.

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ORDINANCE NUMBER: 2013 ______

AN ORDINANCE OF THE VILLAGE OF POPLAR GROVE, ILLINOIS AMENDING

TITLE 1, CHAPTER 6, SECTION 6H OF THE

VILLAGE OF POPLAR GROVE CODE OF ORDINANCES

WHEREAS, the Village of Poplar Grove, Illinois (“Village”) has adopted a Code of

Ordinances (“Code”); and

WHEREAS, Title 1 of the Code governs Administration; and

WHEREAS, Chapter 6 of Title 1 specifically relates to Village Officers and Employees;

and

WHEREAS, pursuant to 65 ILCS 5/3.1-30-5, the mayor or president, as the case may be,

by and with the advice and consent of the city council or the board of trustees, may appoint

officers necessary to carry into effect the powers conferred upon municipalities.

WHEREAS, the Village previously amended Title 1 to create a new Subsection 6H

within Chapter 6 and which Subsection 6H created and regulated the position of Village

Administrator; and

WHEREAS, the Village now wishes to amend Subsection 6H-7 to add additional duties

and responsibilities on to the position of Village Administrator as it relates to the issuance of

administrative permits; and

WHEREAS, the Village has determined that such amendments are in the best interest of

the Village and its citizens.

NOW THEREFORE, be it ordained by the Mayor and Village Board of Trustees

of the Village of Poplar Grove, Illinois as follows:

1. The above recitals are incorporated herein and made a part hereof.

2. Section 1-6H-7 Duties is hereby amended to read as follows (amended language is shown

as bold and underlined):

Sec. 1-6H-7. Duties.

A. Primary Duties and Responsibilities. The primary responsibilities of this

position include but are not limited to the following:

a. Carry out directives of The Village President and Village Board which

require administrative implementation, reporting promptly to the

Village President and Village Board any difficulties encountered

therein;

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b. Serve as the primary staff person in procuring and monitoring the

annual operating budget in accordance with all statutory requirements;

oversee the work of the finance consultant/department and serve as the

primary staff responsible for monitoring the budget and answering

budget inquiries of staff and elected officials;

c. Administer all day-to-day operations of the Village government,

including the monitoring of all Village ordinances, resolutions, Village

Board meetings, and state statutes;

d. Draft administrative procedures to increase the effectiveness and

efficiency of Village government according to best practices in local

government;

e. Promote the economic and business development of the Village

through the use of outreach and negotiation, marketing and promotion

of development within Poplar Grove and a variety of other means to

produce expanded property and commercial tax base;

f. Keep informed concerning current Federal, State, and County

legislation and administrative rules affecting the Village;

g. Oversee all aspects of personnel and benefits administration including

evaluation, discipline, pay and wage recommendation, health

insurance claims, and when necessary, engages in collective

bargaining negotiations. He/she is responsible for maintaining all

personnel files for the Village;

h. Oversee the engagement of outside consultants through drafting RFPs

or bid requests, review the bids or proposals and make a

recommendation to the Village Board;

i. Ensure the thorough and satisfactory completion of all contracted and

consultant work;

j. Remain responsible in all aspects of intergovernmental relations by

staying current on local issues and by positioning the Village, by all

necessary means, for long-term sustainability;

k. Establish and maintain procedures to facilitate communications

between citizens and Village government to assure that complaints,

grievances, recommendations and other matters receive prompt

attention by the responsible official;

l. Promote the economic well-being and growth of the Village of Poplar

Grove through public and private sector cooperation;

m. Attend all meetings of the Village Board, assisting the President and

the Board as required in the performance of their duties;

n. Create agenda’s with the input of board members for all meetings.

Attend all regular, special, and committee meetings of the Village

Board of Trustees deemed to be appropriate unless excused therefrom;

o. Keep the President and Board regularly informed about the activities

of the Administrator’s office by oral or written weekly reports and at

regular and special meetings of the Village Board;

p. Report regularly to the Village Board on the current fiscal position of

the Village;

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q. Serve as the purchasing agent for the Village, supervising all

purchasing and overseeing the contracting for supplies and services;

r. With the assistance of the department heads, conduct and maintain an

inventory of all Village real and personal property;

s. Oversee the responsibility for the planning, maintenance, and

upgrading all Village facilities;

t. Perform all other duties as may be assigned by the Board.

B. Secondary, Incidental Duties and Responsibilities. In addition to the

essential duties and responsibilities of this position, other needs arise on an as

needed or less frequent basis. Some of those duties include:

a. Provide periodic upgrades to the Village website by uploading new

information for public consumption;

b. Respond to employee requests, concerns or grievances in a timely and

professional manner;

c. Attend promptly to all resident inquiries, concerns, issues, etc.

ensuring that all ordinances are followed;

d. Attend conferences, seminars, workshops and court proceedings as

needed;

e. Discuss and negotiate with developers, builders, business-owners and

others attempting to procure development within Poplar Grove;

f. Approve requests for permits and issue permits such as; block

parties, one-day special events not involving the sale of alcohol, use

of Village facilities following submittal of the appropriate

application, sidewalk vendors or vending permits as outlined in

Village of Poplar Grove Code of Ordinances, Title 6, Public Ways

and Property, and any other permit which can be approved

administratively not in violation of the Illinois Municipal Code as

the Village Board may determine from time to time.

C. Supervisory Responsibilities. The supervisory responsibility of this position

includes, but is not limited to, the following:

a. Provide administrative direction and coordination for all employees of

the Village according to the established organization procedures;

b. Responsible for the appointment, promotion, and when necessary, for

the good of the Village, the suspension or termination of department

heads;

c. In consultation with the appropriate department head, be responsible

for the appointment, promotion, and when necessary, for the goof of

the Village, the suspension or termination of employees below the

department head level;

d. Serve as personnel officer for the Village with responsibilities to see

what complete and current personnel records, including specific job

descriptions for all Village employees are maintained, evaluate in

conjunction with department heads the performance of all employees

on a regular basis, recommend salary and wage scales for Village

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employees not covered by collective bargaining agreements, assure

that Village employees have proper working conditions, and work

closely with department heads to promptly resolve personnel problems

or grievances;

e. Direct contract negotiations and collective bargaining issues with the

assistance of assigned board members;

f. Work closely with department heads to assure that employees receive

adequate opportunities for training to maintain and improve their job-

related knowledge and skills.

3. Except as amended in this Ordinance, all other provisions and terms of City Code of

Ordinances shall remain in full force and effect as previously enacted except that those

ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such

conflict.

4. This Ordinance shall be in full force and effect after its approval, passage and publication

in pamphlet form as required by law.

PASSED UPON MOTION BY

SECONDED BY

BY ROLL CALL VOTE THIS DAY OF , 2013

AS FOLLOWS:

VOTING “AYE”:

VOTING “NAY”:

ABSENT, ABSTAIN, OTHER

APPROVED________________________, 2013

ATTEST:

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CLERK MAYOR

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GAS ORDINANCE

AN ORDINANCE AUTHORIZING NORTHERN ILLINOIS

GAS COMPANY (d/b/a NICOR GAS COMPANY) ITS

SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE

AND MAINTAIN A GAS DISTRIBUTING SYSTEM IN AND

THROUGH THE VILLAGE OF POPLAR GROVE, ILLINOIS.

BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF

THE VILLAGE OF POPLAR GROVE, ILLINOIS:

SECTION 1. That the right, permission and authority be and the same are hereby

granted to NORTHERN ILLINOIS GAS COMPANY (d/b/a NICOR GAS COMPANY), an

Illinois corporation, its successors and assigns (hereinafter referred to as the “Grantee”), to

construct, operate and maintain in and through the VILLAGE OF POPLAR GROVE (hereinafter

referred to as the “MunicipalityVillage”), in the State of Illinois, for a term of Thirty-Five Fifty

(3550) years, a system for the production, distribution and sale of gas for fuel, heating, power,

processing and other purposes within and outside the corporate limits of the MunicipalityVillage,

and to construct, lay, maintain and operate such gas pipes, mains, conductors and other devices,

apparatus and equipment as may be necessary or convenient for such system in, under, along and

across each and all of the streets, alleys, avenues and other public places in the

MunicipalityVillage, subject to the conditions and regulations hereinafter set forth.

SECTION 2. All pipes, mains, conductors and other appliances, including

connections with service pipes, hereafter laid in streets, alleys, avenues or other public places,

shall be laid under the supervision of the Committee on Streets and Alleys of the

MunicipalityVillage, or such other duly authorized agent of the Municipality Village as the

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Board of Trustees may from time to time designate. All pipes, mains, conductors and other

appliances shall be so located as not to injure unnecessarily any drains, sewers, catch basins,

water pipes, pavements or other like public improvements, but should any drain, sewer, catch

basin, water pipe, pavement or other like public improvement be injured by such location, the

Grantee shall forthwith repair the damage caused by such injury to the satisfaction of the

Committee on Streets and AlleysVillage, or such other duly authorized agent, and in default

thereof the Municipality Village may repair such damage and charge the cost thereof to, and

collect the same from, the Grantee. The Grantee shall be subject to all reasonable regulations

which may now or hereafter be prescribed by general ordinance of the Municipality Village with

respect to the use of the public streets, alleys, avenues and other public places of the

MunicipalityVillage.

SECTION 3. The Grantee shall indemnify, become responsible for and forever

save harmless the Municipality from any and all judgments, damages, decrees, costs and

expenses, including attorneys’ fees, which the Municipality Village may legally suffer or incur,

or which may be legally obtained against the MunicipalityVillage, for or by reason of the use and

occupation of any street, alley, avenue or other public place in the Municipality Village by the

Grantee pursuant to the terms of this ordinance or legally resulting from the exercise by the

Grantee of any of the privileges herein granted; except that the indemnity provided for in this

Section 3 shall not apply to any liability, judgments, damages, decrees, costs and expenses

determined by a court of competent jurisdiction to have resulted from the negligence or

intentional acts or omissions of MunicipalityVillage, its agents and employees.

SECTION 4. After the passage of this ordinance, and within thirty (30) days

after passage, this ordinance, if accepted, shall be accepted by the Grantee by its filing with the

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Village Clerk of the Municipality an unconditional written acceptance hereof, to be duly

executed according to law, and a failure of the Grantee to so accept this ordinance within said

period of time shall be deemed a rejection hereof by the Grantee, and the rights and privileges

herein granted shall after the expiration of said period of thirty (30) days, if not so accepted,

absolutely cease and determine, unless said period of time shall be extended by the Municipality

Village by ordinance duly passed for that purpose and before the expiration of said period of

thirty (30) days.

SECTION 5. All provisions of this ordinance which are obligatory upon, or

which inure to the benefit of, said NORTHERN ILLINOIS GAS COMPANY (d/b/a NICOR

GAS COMPANY) shall also be obligatory upon and shall inure to the benefit of any and all

successors and assigns of said Company, and the word “Grantee” wherever appearing in this

ordinance shall include and be taken to mean not only said NORTHERN ILLINOIS GAS

COMPANY (d/b/a NICOR GAS COMPANY), but also each and all of such successors and

assigns.

SECTION 6. Grantee shall provide an amount of natural gas during each billing

year, without charge to the Village, in accordance with its policy existing from time to time and

applicable to other municipalities, as expressed in and pursuant to the terms of a certain letter

agreement in the form of Exhibit “A” attached hereto and incorporated herein, and as may from

time to time hereinafter be modified by agreement of the parties.

SECTION 76. This ordinance, if accepted by the Grantee as hereinabove

provided, shall be in full force and effect as of December 3, 2013, and from and after the

effective date shall supersede, cancel, repeal and be in lieu of any and all other existing or prior

grants of right, permission and authority by said Municipality Village to said Grantee or any

Comment [rms1]: As an alternative, this

language could be amended to require a cash option

instead. My understanding is that the Village

currently receives the cash option of roughly

$8,000.00

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predecessor companies or assignors of the Grantee to construct, operate and maintain any system

for the production, distribution and sale of gas for fuel, heating, power, processing and any other

purposes within the corporate limits of this MunicipalityVillage, and this ordinance shall

likewise cancel all of the obligations under said existing or prior grants.

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PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF POPLAR

GROVE, ILLINOIS, THIS _____ DAY OF _____________________, 2013.

___________________________________

Village Clerk

APPROVED BY THE PRESIDENT OF THE VILLAGE OF POPLAR GROVE,

ILLINOIS, THIS _____ DAY OF_____________________, 2013.

___________________________________

President

(Seal)

ATTEST:

________________________________________

Village Clerk

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STATE OF ILLINOIS )

COUNTY OF BOONE ) SS.

VILLAGE OF POPLAR GROVE )

I, ______________________, Village Clerk of the Village of Poplar Grove, Illinois, do

hereby certify that the foregoing is a true and correct copy of an Ordinance duly passed by the

Board of Trustees of said Village on the ____ day of _____________________, 2013, and duly

approved by the President of said Village on the ____ day of _____________________, 2013,

the original of which Ordinance is now on file in my office.

I do further certify that I am the legal custodian of all papers, contracts, documents and

records of said Village.

WITNESS my hand and the official seal of said Village this _____ day of

_____________________, 2013.

___________________________________

Village Clerk

Poplar Grove, Illinois

(SEAL)

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RESOLUTION NO. __________

RESOLUTION ESTABLISHING AN INTERGOVERNMENTAL AGREEMENT WITH

THE VILLAGE OF POPLAR GROVE AND THE CAPRON RESCUE SQUAD

WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois provides

that units of local government may enter into agreement to obtain or share services and to

exercise, combine or transfer any power or function, in any manner not prohibited by law or

ordinance, and

WHEREAS, the purposes of the Illinois Intergovernmental Cooperation Act and Article

VII, Section 10 of the Illinois Constitution include fostering cooperation between units of local

government in planning and providing services to their constituents; and

WHEREAS, Pursuant to the Illinois Intergovernmental Cooperation act (5 ILCS 220/1 et

seq), the Village and the District may contract to jointly exercise, combine, transfer and enjoy

any powers or privileges, functions or authority except where specifically and expressly

prohibited by law; and

WHEREAS, Capron Rescue Squad District (District) has been providing and wishes to

continue to provide ambulance and rescue squad service to the Village of Poplar Grove; and

WHEREAS, Poplar Grove recognize the desirability of providing ambulance services

to its community in a manner that provides the most timely, efficient and cost effective service

delivery for all their respective citizens; and

WHEREAS, the Parties have determined that it is in their mutual best interests to enter

into an agreement in order to provide for the continued service;

NOW THEREFORE, upon consideration of the mutual promises contained herein and

upon the further consideration of the recitals hereinabove set forth, it is hereby agreed between

Poplar Grove and The Capron Rescue Squad District:

1. SHARING RESOURCES. The parties hereby agree, that The Village of Poplar Grove will

use the services of Capron Rescue Squad District before seeking the assistance from other

ambulance service;

2. CONTINUATION OF MABAS. This agreement shall not replace any mutual or automatic

aid agreements currently in place by the Mutual Aid Box Alarm System (MABAS) that is

currently utilized and accepted by both jurisdictions.

3. TERMINATION. Each jurisdiction may at any time request to be withdrawn from this

intergovernmental agreement by way of written notice. 14

4. INDEMNIFICATION. The Village shall indemnify, hold harmless and defend the District

and its elected officials, officers, employees or agents from and against all liability, claims,

demands and causes of action arising out of or related to any loss, damage, injury, death or

loss or damage to property resulting from the Village's performance of or failure to perform

this Agreement.

The District shall indemnify, hold harmless and defend the Village and its elected officials,

officers, employees or agents from and against all liability, claims, demands and causes of

action arising out of or related to any loss, damage, injury, death or loss or damage to

property resulting from the District's performance of or failure to perform this Agreement.

5. SEVERABILITY. In the event any prov1s1on of this Agreement is held to be unenforceable

for any reason, the enforceability thereof shall not affect the remainder of the Agreement

which will remain in full force and effect and shall be enforceable in accordance with its

terms.

6. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the

State of Illinois both as to interpretation and performance and venue shall be appropriate in

the Seventeenth Judicial Circuit, Boone County, Illinois.

THE PARTIES by their signatures acknowledge they have read and understand this

Amendment to the Agreement as set forth above and agree and intend to be bound by its terms.

Nothing in the terms of this Intergovernmental Agreement shall be deemed or construed to

supersede, replace or eliminate the terms and conditions of the Collective Bargaining Agreement of

the Village or the District, respectively.

Adopted this _______ day of ___________________ 2013, by a roll call vote as follows:

AYES: · __________________________________________

NAYS:

ABSENT:

________________________________

President, Village of Poplar Grove

________________________________

Clerk, Village of Poplar Grove.

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MEMO DATE: October 7, 2013 TO: Poplar Grove Village Board FROM: Village of Poplar Grove Planning and Zoning Commission SUBJECT: Findings of Fact and Recommendation for case: 2013-02: Moss SU- Mini WECS; 101 Abbey Drive REQUEST AND LOCATION: The applicants and owners, Patrick and Patricia Moss, 101 Abbey Drive, Poplar Grove, IL 61065 are requesting a special use pursuant to the Poplar Grove Zoning Ordinance, Section 8.5.7 Special Uses and Section 8.6.5 R-2, Single-family Residential 2 District, (C)(2) Mini WECS to operate a free standing WECS and a roof-mounted WECS on the property known as 101 Abbey Drive. The property is located at within the R-2, Single-family Residential 2 District on 14,060 square feet (PIN: 03-24-480-019). BACKGROUND: The property is part of the Raven’s Crest Subdivision and is 14,060 square feet. The house is setback 35 feet from Whiting Road and five feet from the north property line (side yard). The applicant is requesting a special use to install two Mini WECS (wind energy conversion systems), one would be roof mounted and one would be freestanding with blade diameters of 62 inches. The freestanding Mini WECS is proposed for the south side of the property. The Zoning Ordinance requires that freestanding Mini WECS be a maximum of 35 feet tall and setback a minimum of 1.1 times the tower height. The applicant is requesting a Mini WECS that is 23 feet and 7 inches tall and is setback 30 feet from the front property line (1.3 times the tower height). The roof mounted Mini WECS is proposed on the north side of the property. The Zoning Ordinance requires that roof mounted Mini WECS be a maximum of ten feet above a building roof. There are no setback requirements when mounted on a building. The applicant is requesting a roof mounted Mini WECS that is 7 feet and 3 inches above the roof line and five feet from the edge of the roof (ten feet from the property line) and will have an overall height greater than that of the freestanding tower. The applicants are requesting the Mini WECS in addition to solar panels that have already been installed to produce energy to run their household. Mini WECS are becoming more popular in the area as an alternative energy source. Mini WECS are on a much smaller scale because they service only the property where they are located, instead of the larger wind farms that supplement the entire energy grid. The coloring of the Mini WECS, as well as noise levels are addressed in the conditions of approval. FINDINGS OF FACT: Per Section 8-5-7(D) of the Village of Poplar Grove Zoning Ordinance, the criteria for granting a Special Use Permit are as follows:

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Findings of Fact and Recommendation Case: 2013-02; Moss

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A. Findings: The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. Mini WECS are designed to be in residential areas; they are smaller and light weight. The diameter of the Mini WECS will be just over five feet-about the size of a larger satellite dish that are permitted uses. The overall heights of the Mini WECS proposed are no different than the analogue television receivers or HAM Radio transmitters.

B. Findings: The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish or impair property values within the neighborhood. The noise level of the Mini WECS will not be permitted to exceed the comparable sound level of 50 decibels that is consistent with night time residential street sounds. Although the aesthetics of the Mini WECS may be different for the community, their impact will not be any greater than analogue television receivers or satellite dishes.

C. Findings: The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

The surrounding property is developed with residential land uses. The freestanding tower to the south will be setback 30 feet from the road, while the roof mounted Mini WECS will be ten feet from the northern property line and the closest neighbor. Small scale WECS are starting to appear in residential, commercial and industrial areas and the planning staff has not found any validated research to show that their presence has decreased the ability to develop.

D. Findings: Adequate utilities, access roads, drainage and/or necessary facilities are provided. The property is currently served by adequate access roads and drainage systems. The addition of the two Mini WECS will not require any additional infrastructure improvements.

E. Findings: Adequate measures have been taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. The property is developed with a single family residence; the special use for Mini WECS is an accessory to the residence. No additional traffic will be generated.

F. Findings: The special use shall, in all other respects, conform to the applicable regulations of the districts in which it is located. The special use will be required to conform to all the applicable regulations of the Zoning Ordinance and to any conditions of approval enacted by the Village Board.

Motion to approve the Findings of Fact for Case 2013-02; Moss as presented by the planning staff carried with a (6-0) roll call vote. .

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Findings of Fact and Recommendation Case: 2013-02; Moss

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RECOMMENDATION: The Planning and Zoning Commission recommends approval of case 2013-02 with the following conditions: 1. The location of the Mini WECS shall be in substantial conformance with the site plan

submitted dated September 3, 2013. 2. The height of the Mini WECS shall not exceed: 23 feet and 7 inches for the freestanding

Mini WECS and 7 feet and 3 inches above the roof peak for the mounted MINI WECS. 3. The noise level of the Mini WECS shall not exceed the comparable sound level of 50

decibels at the property line. 4. Compliance with 8-7-8(G) of the Poplar Grove Zoning Ordinance.

5. All mini WECS not in operation for a period of twelve (12) months shall be removed.

6. This special use does not extend beyond the applicant to future owners of the property

and shall become null and void upon the conveyance of the property beyond the applicant. If future owners wish to be able to utilize Mini WECS on the property they must apply for a new special use.

7. Compliance with all other applicable codes and ordinances. Motion to approve Case 2013-02; Moss subject to the conditions as presented by staff carried with a (6-0) roll call vote. __________________________________ Jake Dykstra, Chairman Poplar Grove Planning and Zoning Commission PLANNING AND ZONING COMMISSION/VILLAGE BOARD ACTION The Planning and Zoning Commission shall make and forward findings of fact as to the compliance of the proposed special use with the standards and make a recommendation to the Village Board. The Village Board shall review the findings and recommendation and may accept or reject the findings and recommendation of the Planning and Zoning Commission in whole or in part; or the Village Board may refer the matter back to the Planning and Zoning Commission for further consideration. Any approval shall be considered the approval of a unique request and not be construed as precedent for any other proposed special use.

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Achievement Recognition Signs (Revised: for consideration)

A. Define Who

I) Students enrolled in the 2 schools districts serving Poplar Grove who (are residents

with) have a Poplar Grove mailing address.

II) 1st and 2nd place in team events. 1st thru 5th in individual events.

B. Define what achievements to recognize

I) Only students and IHSA sanctioned (sports) athletics, activities, and special coed

activities.

C. How Long

I) 1st Place in perpetuity.

II) When space availability becomes an issue, the oldest signs are removed and offered

to the individual or family of member named.

D. Where

I) On Hwy 173 facing west at property line of Rural Fire District 3 and Lions Park.

II) At Village Hall on a plaque mounted on wall dedicated to recognizing (residents)

achievements of those students with a Poplar Grove mailing address.(?)

III) Resolution from Village Board recognizing resident’s achievement.

General Information:

The effectively for an achievement policy will be from the date of policy adoption moving forward.

Other achievements may be recognized but only of national prominence. If such a situation exists, the

process would include a nomination, recommendation for approval by the Administration Committee,

and approval by the Village Board.

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VILLAGE OF POPLAR GROVE PLANNING DEPARTMENT

200 Hill Street – Poplar Grove, Illinois 61065 (815) 765-3201 FAX (815) 765-3571

NOTICE OF PUBLIC HEARING TO VILLAGE DEPARTMENTS

DATE: October 16, 2013 TO: Phil Long, Building Department

Jeff Strate, Department of Public Works Chris Dopkins, Village Engineer

Roxanne Sosnowski, Village Attorney John Neitzel, Village President Mark Lynch, Village Administrator FROM: Gina DelRose, Associate Planner RE: Cases 201-03; Subdivision Ordinance amendment regarding as-built plat

of surveys This memo shall serve notice that a public hearing will be held in accordance to the Illinois Compiled Statutes by the Poplar Grove Planning and Zoning Commission on Tuesday, November 5, 2013 at 7:00 p.m. in the Poplar Grove Village Hall, 200 Hill Street, Poplar Grove, Illinois, 61065. The Village of Poplar Grove, applicant, is proposing an amendment to the Village of Poplar Grove Subdivision Ordinance pertaining to several sections: Section 9-7-7 Fees (correctly referencing adopted fees), Section 9-7-9 Surveys Required for Lot Development (completely new section regarding plat of surveys) and Section 9-7-10 Building and Occupancy Permits (adjusted section number which will include as-built plat of surveys). The proposed language is attached. This information is being sent to you for your comments. If you have any comments, please submit them to the Planning Department. 9-7-1: ENFORCEMENT: No plat of any subdivision shall be entitled to be recorded in the county recorder's office or have any validity until it shall have been is approved in the manner prescribed herein. (Ord. 385, 5-1-1989) 9-7-2: RECORD OF PLATS: All such plats of approved subdivision plats after the same have been submitted and approved, as provided in this title, shall be copies in a book of plats of said village and shall be filed and kept by the village and filed of record by the owner with the respective county. (Ord. 385, 5-1-1989) 9-7-3: FILING OF ENGINEERING PLANS AND REVIEW FEE: Four (4) complete sets of engineering plans and specifications of the required land improvements, as regulated by subsection 9-3-4-1B of this title, together with an estimate of the cost of improvements, said plans and specifications to bear the as sealed

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by of an Illinois registered professional engineer along (with this a signed statement that such the plans and specifications have been prepared in compliance with this title and with good engineering practices) shall be submitted. Said The plans shall be drawn to a minimum horizontal scale of five feet to the inch (5' = 1"). Plans shall show profiles of all utility and street improvements, with elevations referred to U.S. geological survey datum. (Ord. 385, 5- 1-1989) 9-7-4: SUPERVISION: The design engineer engaged by the subdivider, builder or land developer shall be responsible for, and establishment of, all lines and grades for the proposed improvements. (Ord. 385, 5-1-1989) 9-7-5: ACCEPTANCE OF REQUIRED LAND IMPROVEMENTS: Upon completion of the construction of all public improvements required herein, in conformance with approved engineering plans and specifications, the design engineer engaged by the subdivider shall prepare, certify and submit to the village three (3) sets of "as built" plans for the approval of the village engineer in order to ensure that all public improvements have been satisfactorily completed in accordance with the approved engineering plans and specifications. The village board shall enact a resolution accepting said improvements. (Ord. 385, 5-1-1989) 9-7-6: INSPECTION AT SUBDIVIDER'S EXPENSE: A. All proposed public improvements proposed to be made under the provisions hereof shall be inspected during the course of construction by the village engineer forty eight (48) hours before the inspection of all utilities. B. During the course of construction of the improvement, the subdivider shall be required to notify the village engineer forty eight (48) hours before the inspection of all utilities. C. The subdivider shall pay the cost of all inspection services. The fees shall be established by the village, based on current rates and standard engineering practices. (Ord. 385, 5-1-1989) 9-7-7: FEES: There is hereby established a fee for the approval of preliminary and final plats according to the following schedule:

A. Preliminary

Final

Residential:

$150.00 plus $25.00 per lot

$150.00 plus $25.00 per lot

Commercial/industrial:

$300.00 plus $40.00 per lot or per acre, whichever is greater

$300.00 plus $40.00 per lot or per acre, whichever is greater

(Ord. 777, 1-11-2010)

Final plat reinstatement fee: 50 percent of initial fee

Annexation: $100.00

Text amendment: $50.00

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A. The fees for the procedure and permits established by this Chapter shall be established by resolution or ordinance of the Village Board of the Village of Poplar Grove. Applicable fees existing prior to the date of this Chapter remain applicable until altered or repealed. B. Review fee for retained personnel and expertise as more specifically set forth in sections 9-8-1 and 9-8-2 of this title, and are incorporated herein by reference and made a part hereof. All such fees shall be payable to the village upon submission of the above plats. (Ord. 447, 3-11- 1996) 9-7-8: VARIATIONS AND EXCEPTIONS: A. Hardships: Where the village board finds that extraordinary hardships or particular difficulties may result from the strict compliance with of these regulations, the village board may recommend and grant variations or exceptions to the regulations, subject to specified conditions, so that substantial justice may be done and the public interest secured, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this title. B. Variations And Exceptions Granted: The village board shall not grant variations or exceptions to the regulations herein unless it shall make findings based on the evidence presented in each specific case that: 1. Because of the particular physical surroundings, shape or topographyical conditions of the specific property involved a particular hardship to the owner would result as distinguished from a mere inconvenience if the strict letter of the regulations was carried out. 2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property, and have not been created by any person having an interest in the property. 3. The purpose of the variation is not based exclusively upon a desire to make more money out of the property. 4. The granting of the variation will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the neighborhood in which the property is located. (Ord. 385, 5-1-1989) 5. The variances will not in any manner vary the provisions of the Village Zoning Ordinance. 9-7-9: SURVEYS REQUIRED FOR LOT DEVELOPMENT:

A. Foundation Plat of Survey: Four (4) copies of a foundation plat of survey, dated not more than six (6) months from the date of submission, shall be submitted with the application for principle structure permit containing the following information:

1. Legal description of the property.

2. Lot size and building setback line. 3. Location of existing utility, drainage and other easements. 4. North arrow and scale. 5. Bench mark, plainly labeled and within three hundred feet (300’) of the proposed

developed lot. 6. Location and size of the proposed building on the lot, with dimensions to the

front, rear and side property lines indicated/ 7. Elevations for top of foundation. 8. Elevations at all four (4) property corners and any additional spot elevations

required to indicate overland drainage patterns.

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9. Elevations for the top of existing foundations in the adjacent properties. 10. Proposed driveway and sidewalk placement, sanitary sewer, storm sewer and

water main locations, and soil erosion plan. 11. Stamp and signature of a registered land surveyor or a registered professional

engineer in the State of Illinois.

B. Top of Foundation Survey: Four (4) copies of a spotted plat of survey shall be submitted to the Building Department after the foundation walls have been completed and before further construction is undertaken, containing:

1. Exact location of the structure in relation to the lot lines. 2. Elevation for top of foundation.

C. Seeded Lot Grading Survey- After Landscaping: Prior to the release of the

landscape guarantee deposit for any residential building, the property owner shall be required to submit four (4) copies of the plat for the existing lot to the Building Department, indicating the following:

1. Legal description. 2. Owners name, unit number and street address. 3. Existing top of foundation grade. 4. Existing garage floor elevation at front of the home. 5. Indicate existing driveway slope measure along the center line of the driveway in

percentage to house side edge of sidewalk or to curb flowline if there is no sidewalk. 6. Existing lot corner elevations and drainage arrows. 7. Existing finished grade elevation at the four (4) corners of the home. 8. Existing elevation of all drainage break points within the lot. 9. Existing location and elevation of utility structures on the lot. 10. Location and measurements of any additional accessory or detached building. 12. All Concrete, masonry or brick flatwork. 13. Stamp and signature of a registered land surveyor or a registered professional

engineer in the State of Illinois including the following statement “The final grading of the lot has been completed and fully complies with the approved engineering plans for the lot.” In the event that the final grading of the lot differs from the approved plans, a statement must be made as to the nature of the change. The Village Engineer may approve minor changes discovered during this final grade survey preparation, providing that the changes do not adversely affect the drainage on the land in question or other lands. 9-7-910: BUILDING AND OCCUPANCY PERMITS: A. Building Permits: No building permit shall be issued by any governing official for the construction of any building, structure or improvement to the land or any lot within a "subdivision" as defined herein, which that has been approved for platting or replatting, until compliance with all requirements of these regulations. have been complied with. (Ord. 385, 5-1-1989)

B. Upon completion of the installation of improvements in a subdivision or development and prior to the final inspection, four sets of drawings, suitable for use in reproduction showing all improvements as actually installed in the field, shall be prepared by the owner, subdivider or developer. One set each of these drawings shall be filed with the following: (1) Building Department, (2) Public Works Department and

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(3) Village Engineer. Electronic copies of the as-built drawings, including utilities in GIS and/or AutoCAD or other suitable format shall be provided to the Village Engineer. BC. Occupancy Permits: No occupancy permit shall be granted by any governing official for the use of any structure within a subdivision approved for platting or replatting until required utility facilities have been installed and made are ready to service the property, and until roadways providing access to the subject lot or lots have been constructed and all yard debris has been cleaned up and disposed of. (Ord. 485, 11-9-1998) the cleanup and disposal of all yard debris has occurred. 9-7-1011: BLASTING RESTRICTIONS: No blasting shall take place in connection with any work in a subdivision until appropriate village authorities have been notified and the applicable compliance with village ordinances is verified. complied with. (Ord. 385, 5-1-1989) 9-7-1112: APPEALS: Any person or corporation may appeal within sixty (60) days to the village board any final action taken by the village board. The village board shall act as a board of appeals and shall hear and decide appeals from and review any final order, requirement, decision or determination made under these subdivision regulations. The concurring vote of four (4) members of the village board shall be necessary to reverse any final order of said the village board under this chapter. (Ord. 385, 5-1-1989) 9-7-1213: VIOLATION; PENALTY: Any person who constructsing any public improvement or portion thereof in violation of the provisions hereof shall be, upon conviction, fined not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Whoever shall sell or offer for sale, lease or offer for lease, while this chapter is in effect, any lot or lots or block or blocks within the incorporated limits of the village, or any resubdivision of any lot or block therein, or within contiguous unincorporated territory not more than one and one-half (11/2) miles beyond the incorporated boundary of the village, before a final plat of subdivision has been approved by the village board as required in these regulations, shall be fined not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) for each lot or part thereof so disposed of, offered for sale or leased. (Ord. 385, 5-1-1989) ** Roxanne- should this section have the same language as the Zoning Ordinance for consistency, and also because exact dollar amounts should not be in the code. The Zoning language is: Any person, firm, or corporation who fails to comply with the provisions of the Zoning Ordinance shall pay a fine as determined by a court of competent jurisdiction for each offense plus costs of prosecution, including but not limited to attorney's fees. A failure to pay fines and costs as ordered by a court of competent jurisdiction is subject to a finding of contempt. Each day a violation exists or continues shall constitute a separate offense. xxxxxxxxxxx = (Standard text) existing text within the zoning code; no changes proposed. xxxxxxxxxxx = (Strike through text) text that is proposed to be deleted from the zoning code. xxxxxxxxxxx = (Underlined and highlighted text) new text that is proposed to be inserted into the zoning code.

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