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Committee of the Whole

Regular Meeting

Brookfield, IL · January 25, 2021

Agenda

Agenda

Village of Brookfield Agenda Committee of the Whole Meeting Monday, January 25, 2021 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. Roll Call II. REGULAR BUSINESS 1. Discussion of the Brookfield Bucks Marketing Program Committee Item Memo-Brookfield Bucks 2. Continued Discussion Concerning a Proposed Text Amendment to the Village Liquor Code to Reduce the Required Distance Between a Business and Residential Area Committee Item Memo-Buffering Distance Amendment 3. Presentation of the Community Solar Clearinghouse Solution Program (CS² Program) - An Initiative of the Metropolitan Mayors Caucus Committee Item Memo-Community Solar Clearinghouse Solution Program Community Solar Clearinghouse Solution Program - Mayors Caucus 4. Discussion Regarding the Development of the 2021 Appropriations Ordinance by Including a Contingency Amount Over the Budgeted Amount Committee Item Memo-Contingency Amount for 2021 Budget III. Public Comment Public Comment can be made online here: https://www.surveymonkey.com/r/PublicComment125 IV. Executive Session If Necessary V. ADJOURNMENT Page 1 of 40 Committee Item Memo Meeting Date: January 25, 2021 Staff Contact: George Issakoo, Assistant Village Manager Department: Village Manager's Office Subject: Review and Discussion of Brookfield Bucks Marketing Program Background Information: In August of 2020, the Village Board directed staff to work with the Brookfield Chamber of Commerce and the marketing firm A5 Inc. to pursue a marketing program to promote patronage of local businesses. The Brookfield Bucks program ran from August 22 until December 31, 2020. The intention of the program was to drive visitors of Brookfield Zoo to visit Brookfield Businesses by offering discounted service of $15 if they spent above the threshold of $75. Each discount was to be reimbursed for $10 to the local business, split between the Village and Chamber of Commerce. Village Staff, with A5 Inc. pursued a marketing campaign inclusive of print, social media, digital ads, geofencing and a partnership with the Brookfield Zoo. Ultimately, the program did not yield many reimbursements submitted by local businesses. However, there were some lessons to be learned from the campaign and ideas for how it could be improved or changed to help local businesses in 2021. With the two month closure of the Zoo, the program will not be able to continue as it was planned in 2020. A5 Inc. will provide an overview on the reach and exposure of the marketing campaign and provide recommendations for alternative approaches in 2021. Page 2 of 40 Committee Item Memo Meeting Date: January 25, 2021 Staff Contact: Michael Schwarz, Community Development Director Department: Community Development Subject: Buffering Distance Requirements Between Outdoor Cafes and/or Sidewalk Cafes and Residentially Zoned Property Background Information: At the October 26, 2020 Committee-of-the-Whole meeting, the Village Board discussed the request of Brian Volpe, the owner of the Cordial Inn at 9207 W. 31st Street. Mr. Volpe had approached the Village about possibly turning the Cordial Inn temporary outdoor dining patio into a permanent outdoor dining patio. The temporary outdoor dining patio is currently located in the adjacent alley, which is Village right-of-way (the previous Committee Memo is attached for reference). The Village Board discussed the possibilities of either vacating the alley permanently and selling Mr. Volpe the land or leasing the land to Mr. Volpe for a period of time to be determined. At that time Village staff also intended to contract with a property appraiser to prepare a written appraisal in order to determine the fair market value of the land. Shortly after the October 26, 2020 Committee-of-the-Whole meeting, it was discovered that Section 6-103 of the Brookfield Code (Chapter on Alcoholic Beverages) imposes buffering distance requirements between outdoor cafés on private property and residentially zoned property and alsoimposes buffering distance requirements on sidewalk cafés on public property and residentially zoned property. Section 6-103 was last amended on May 12, 2014 by Ordinance No. 2014-26 and is attached for reference. In this case the proposed outdoor dining patio would be considered the same as an outdoor café in the event that the alley is sold to Mr. Volpe. Conversely, the proposed outdoor café would be considered the same as a sidewalk café in the event that the alley remains public right-of-way that is leased to Mr. Volpe. This issue was discussed at the Committee-of-the-Whole meeting on January 11. The following clarification is provided. Class S and S2 are subsidiary licenses for the retail sale of alcohol on private property of a regularly licensed establishment. Class S1 is a subsidiary license for the retail sale of alcohol on any public right-of-way. A Class S1 subsidiary license term shall run concurrent with the sidewalk cafe permit, which is issued by the Community Development Department. No Class S, S1 or Class S2 subsidiary license will be issued unless a regular Class 1 through 7 or Class 9 through 12 license has been applied for and granted. Class S is also independent of the Liquor License for enforcement reasons. However, if an establishment’s Class 1 through 7 or Class 9 through 12 license is revoked the Class S is also revoked. Class S3 is a subsidiary license for the retail sale of alcohol on public property without limitation, park, playground, Page 3 of 40 public right-of-way or building belonging to or under the control of the Village. This license will only be issued to holders of a Class 8 license. A Class 8 license authorizes the retail sale of all alcoholic liquors to be consumed on the premises in conjunction with events of short durations, such as festivals, picnics, business, open house, banquets, or other special events, either for a structure or an outdoor location. This license is limited to occasions when groups are assembled on the premises for the promotion of some common object other than the sale and consumption of alcoholic liquor. The Cordial Inn has been issued a Class 1 liquor license. It currently has a temporary outdoor tent located on the public alley adjacent to the Cordial Inn. Normally, they would have applied for and been issued a Class S1 liquor license for the sale and consumption of alcoholic beverages in the temporary outdoor tent on public property, but this requirement was waived due to the ongoing pandemic. The Village has discussed two different possibilities for the Cordial Inn. The first possibility is leasing the public alley to the Cordial Inn. Once the public alley is leased to the Cordial Inn, it would construct a permanent outdoor patio on the leased public alley. Under this scenario, the Cordial Inn will need to apply for and be issued a Class S1 liquor license to authorize the sale and consumption of alcoholic beverages in the permanent outdoor patio since the public alley, although subject to a lease, remains public property. According to the Village Attorney, under the current regulations contained in Division 2 of Article II of Chapter 46 of the Brookfield Code, the Cordial Inn would be required to apply for and be issued a sidewalk café permit. Since the permanent outdoor patio would be located in a public alley and not on a sidewalk, the Village should consider whether to add a new division of regulations for “outdoor patios” to Article II of Chapter 46 of the Brookfield Code tailored specifically for outdoor patios located on public property other than a sidewalk. The Village Attorney further indicates that should the Village decide to utilize the current regulations for sidewalk cafés for the Cordial Inn, the sections of Division 2 of Article II of Chapter 46 of the Brookfield Code that likely will need to amended are: 1. Section 46-43(b) requiring removable barriers; 2. Section 46-44 – The current annual fee authorizes a sidewalk café from April 1 to December 31. If the Cordial Inn intends to utilize the outdoor patio year round, it would be equitable to charge a higher fee for year round use. 3. Section 46-46 – The term authorizes a sidewalk café from April 1 to December 31. If the Cordial Inn intends to utilize the outdoor patio year round, the term would need to be revised to year round use for outdoor patios. 4. Section 46-49 – This section will need to be amended to distinguish and regulate outdoor patios separate from sidewalk cafés. Since the outdoor patio would be permanent, consideration should be given whether to apply the building and property maintenance code provisions to the structure and whether amendments to those codes are needed for this type of structure. 5. Section 46-50 – This section will need to be amended to not require use of the public alley for public events.In addition, Section 6-103(b) of Division 2 of Article III of Chapter 6 of the Brookfield Code should be amended to provide for outdoor patios located on Page 4 of 40 public property other than sidewalks and to reduce the 200 foot separation requirement to a distance with which the Cordial Inn can comply. The second possibility is to vacate the public alley and sell the public alley to the Cordial Inn. Once the public alley is vacated and sold to the Cordial Inn, it would construct a permanent outdoor patio on the former public alley which would then be private property. Under this scenario, the Cordial Inn will need to apply for and be issued a Class S or S2 liquor license to authorize the sale and consumption of alcoholic beverages in the permanent outdoor patio located on private property. The current regulations contained in Division 2 of Article II of Chapter 46 of the Brookfield Code would not apply to the Cordial Inn since its outdoor patio would be located on private property. Therefore, no amendments to Division 2 of Article II of Chapter 46 of the Brookfield Code would be required. However, Section 6-103(a)(2) of Division 2 of Article III of Chapter 6 of the Brookfield Code should be amended to reduce the 200 foot separation requirement to a distance with which the Cordial Inn can comply. In addition, unless the commercial zoning district extends to the opposite side of the public alley, a zoning map amendment will need to be approved zoning the vacated public alley as commercial. The above discussion focused on what Code amendments would be necessary to accommodate the request of the Cordial Inn. But the matter of whether or not to reduce the buffer distance requirement in general (for all future outdoor cafes and sidewalk cafes is explained in greater detail as follow. For outdoor cafés on private property, Section 6-103(a)(1) and Section 6-103(a)(2) read as follows and the highlighted text is emphasized: Sec. 6-103. - Outdoor cafes. (a) A Class S or S2 subsidiary license is required for retail sale of alcoholic liquor on private property exterior to the regularly licensed premises. This license will only be issued to establishments that are located in either commercial or industrial zoned areas of the village. (1) In commercial or industrial zoned areas of the village, Class S or S2 licenses will only be issued to licensed restaurants where the serving of food is the primary purpose of the establishment. The outdoor cafe must be at least 50 feet from any residentially zoned property in adjacent residential zones. This distance shall be measured from the nearest fence of the outdoor cafe to the closest developed property line. (2) In commercial or industrial zoned areas, Class S or S2 licenses will only be issued to a licensee where the serving of food is incidental to the establishment's primary purpose, the sale of alcoholic liquor; however, the outdoor cafe must be located 200 feet from any residence in adjacent residentially zoned areas that distance being measured from the nearest fence of the outdoor cafe to the residentially zoned property, except, however, when the residential district is separated from the commercial or industrial district by a right-of-way, then the outdoor cafe must be located 80 feet from any residentially zoned property, and Page 5 of 40 the distance shall be measured from the nearest fence of the outdoor cafe to the closest residential structure. (3) The outdoor cafe must be adequately enclosed with a minimum six- foot high fence, wall or enclosure to ensure privacy and the control of alcoholic liquors. All alcoholic liquors shall be delivered to the outdoor cafe by an employee or owner of the licensed premises, with no alcoholic liquors being carried from the regular premises to the outdoor cafe by the customer. All external music from bands, groups, amplification systems or excessive noise must cease in the outdoor cafe at 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when it must cease at 10:30 p.m. For sidewalk cafés on public property, Section 6-103(b)(3)(a) and Section 6-103(b)(3)(b) read as follows and the highlighted text is emphasized: (3) Sidewalk cafes shall only be located on public rights-of-way immediately adjacent to and abutting a regularly licensed establishment subject to the following conditions: a. Applicants whose establishments are licensed restaurants where the serving of food is the primary business purpose shall only establish such sidewalk cafes at least 50 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk café to the closest developed property line; b. Applicants whose establishments are not licensed restaurants where the serving of food is not the primary business purpose, but where the serving of alcoholic liquor is the primary business purpose, shall only establish such sidewalk cafes at least 200 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk café to the closest developed property line; provided, however, when the residential district is separated from the commercial or industrial district by a street, in which case, the sidewalk café must be located 80 feet from any residences in adjacent residentially zoned areas, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest residential structure; or c. The outdoor cafe must be adequately enclosed with a minimum three-foot high fence, wall or enclosure to ensure privacy and the control of alcoholic liquors. All alcoholic liquors shall be delivered to the outdoor cafe by an employee or owner, of the licensed premises, with no alcoholic liquors being carried from the regular premises to the outdoor cafe by the customer. All external music from bands, groups, amplification systems or excessive noise must cease in the outdoor cafe at 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when it must cease at 10:30 p.m.; In the case of the Cordial Inn, their proposed permanent outdoor dining patio is not able to comply with the 200-foot buffer distance from the nearest residential property line of the house Page 6 of 40 located at 3110 Maple Avenue. The current temporary tent is only approximately 35 feet from the nearest residential property line. There is no available area on the west side of the Cordial Inn that would be able to comply with the current 200-foot buffer distance requirement, given that the overall depth of the property is only 125.75 feet. The proposed permanent outdoor dining patio would be able to comply with a 100-foot buffer distance, but this would only allow for the first 25 feet of property south of 31st Street to be utilized, and the outdoor dining patio would be situated in front of the north wall of the Cordial Inn building, and not alongside the building as the temporary tent is situated currently. Finally, the proposed permanent outdoor dining patio easily would be able to comply with a 50 to 75-foot buffer distance, which would allow for the first 50 to 75 feet of property south of 31st Street to be utilized, and the outdoor dining patio potentially could be situated partially in front of the front building wall, and partially alongside the building as the temporary tent is situated currently. Again, the Village Attorney has indicated that it would be necessary to amend this section of the Code in order for the Cordial Inn to be able to sell alcohol from the proposed permanent outdoor dining patio. Any potential amendment of the Code (to reduce the 200-foot requirement) would not impact other existing establishments, as some of those that do not meet the current buffer distance requirement are legally non-conforming ("grandfathered") with respect to this requirement that was adopted when Section 6-103 was last amended in May 2014. Village staff looked at nearby communities’ regulations on the sale of alcohol in outdoor areas. While most communities do have a buffer distance for the indoor premises to churches, schools and other sensitive uses (as Brookfield does), none of the responding communities have a buffer distance regulation for outdoor dining areas. The Village of La Grange does not have a minimum separation but does require a Special Use Permit for outdoor dining areas in commercial districts so that each location may be reviewed on a case-by-cases basis. The La Grange Code does require an alley to be located between an outdoor dining area and the nearest residential zoning district. La Grange staff indicated that the proximity to a residence is always an important factor when their Village Board considers applications, and this has worked well so far. Staff believes that the current 200-foot buffer distance requirement may be excessive, considering that establishments that primarily serve food and choose to serve alcohol outdoors only must comply with a 50-foot buffer distance requirement. Therefore, staff recommends that the Committee consider reducing the 200-foot buffer distance to 50 feet for consistency, for both outdoor cafés and sidewalk cafés. Per the following table, currently there are ten (10) license holders that also have a Class S, S1 or S2 subsidiary license that allows the sale of alcoholic beverages external to the premises. The Cordial Inn does not currently have a Class S subsidiary license and would need to apply for one. It should be noted that some of the current Class S Subsidiary license holders were granted said licenses prior to the imposition of the current buffer distance requirements when Section 6-103 was last amended in May 2014. Class S Subsidiary Address License Page 7 of 40 Class 1 License Cordial Inn, Inc. 9207 W. 31st St. Class 2 License 8436 Brookfield Zubar Ave. Joe's Saloon, Inc. 9220 W. 47th St. Ryan's Public House 8942 Ogden Ave. Yes - Class S 8869 Burlington Irish Times Yes - Class S2 Ave. RJD Enterprises dba Off Broadway Pub 9048 Monroe Ave. Yes - Class S 8901 W. Phil's Sport Bar & Grill Yes - Class S and S1 Burlington Ave. 8900 Fairview Sebastians Ale and Whiskey House Yes - Class S1 Ave. The Little Owl 3747 Grand Blvd. Slagers on 47th 9308 W. 47th St. Yes - Class S Skardallia, Inc. 9237 Ogden Ave. Class 2B License Pub 78, LLC 3733 Grand Blvd. Class 5 License 8801 W. Ogden Dunav Restaurant Yes - Class S Ave. Class 10 License Blue Water Bar, Inc. 9016 W. 31st St. Yes - Class S Class 11 License 3755 W. Grand Fiesta Margarita Yes - Class S Ave. 9438 W. Ogden La Cabanita Villasenor Yes - Class S Ave. Financial Impact: None. Recommendation(s): Page 8 of 40 Village staff recommends that the Committee review and discuss the current buffering distance requirements for both outdoor cafés and sidewalk cafés and consider amending Section 6-103 of the Code to reduce the 200 foot requirement to 50 feet so that there is consistency between establishments that primarily serve food as their primary business versus establishments that do not serve food as their primary business. If there is support for such amendments, then other amendments athat specifically relate to the Cordial Inn would also be brought back to the Committee for further consideration. Attachments: 20201007_CordialInn_AlleyMap_Revised COW Memo - Cordial Inn Alley Vacation - 10.26.20 All Attachments to COW Memo - Cordial Inn Alley Vacation Sec. 6-102 - Class S, S1 and S2 Subsidiary Licenses Sec. 6-103 - Outdoor cafes Page 9 of 40 9207 31st Street: Cordial Inn ¯ Proposed Vacation of Alley 16.44 Feet 125.75 Feet Perimeter: 284.38 Feet Area: 2,067.33 Sq Feet Cordial Inn Parking Cordial Inn (16 spaces) 0 0.0035 0.007 Miles Page 10 of 40 10/7/2020 COMMITTEE ITEM MEMO ITEM: Cordial Inn Alley Vacation BOARD MEETING DATE: October 26, 2020 PREPARED BY: Michael J. Schwarz, AICP, Director of Community and Economic Development PURPOSE: Discussion and Policy Direction BUDGET AMOUNT: N/A BACKGROUND: Brian Volpe, the owner of the Cordial Inn at 9207 W. 31st Street has approached the Village about possibly turning their temporary outdoor dining patio into a permanent one. The temporary outdoor dining patio is currently located in the adjacent alley, which is Village right-of-way. The alley which runs south from 31st Street separates the Cordial Inn’s parking lot from the building. However, the alley is blocked off with concrete barriers south of the Cordial Inn (refer to attached photos), so there is no access from the business to the residential part of the alley and visa-versa. The Superintendent of Streets for the Department of Public Works informed the Village Planner that this section of alley has been blocked off for many years and was the result of neighborhood complaints about drivers speeding through the alley. Staff has not yet been able to determine when the concrete barriers were installed, but we believe that it was at least fifteen years ago. If the Village Board is open to the possibility of vacating the alley permanently, Mr. Volpe could potentially purchase the land from the Village and consolidate the vacated alley with the other two parcels so that he may construct the desired permanent outdoor dining patio. Before Mr. Volpe invests in architectural plans and formally requests a right-of-way vacation, he is seeking feedback from staff and the Village Board on whether such a vacation of the Village right-of-way is supported. Staff from various departments have reviewed the potential permanent closure of the alley and have provided the following comments: Police Department: The Police Department does not have any concerns about closing off the alley permanently. Fire Department: The Fire Department does not have any concerns about closing off the alley permanently. They have pre-planned their operations since the time that the alley was closed temporarily. CEDD: The underlying land parcels for the existing Cordial Inn and the associated parking lot to the east, as well as the right-of-way for the alley itself, are all zoned C-4 (Local Retail District) and would require no zoning changes. However, Section 62-21 of the Village of Brookfield Municipal Code of Ordinances requires the consolidation of zoning lots in cases such as this where a proposed accessory use (an outdoor dining patio) would be situated on a parcel that is separate from the parcel that contains the principal use (Cordial Inn). In addition to filing a Plat of Vacation for the alley, the owner would be required to submit a Plat of Consolidation in accordance with Chapter 48 (Developments, Improvements, and Subdivisions) of the Village of Brookfield Code of Ordinances. In terms of the proposed right-of-way vacation, CEDD staff does not typically support the closure of alleys as these provide a necessary means of ingress and egress to residential and commercial properties. Also, CEDD staff has first-hand knowledge from other municipal experience that land uses can change over time thus triggering a potential future desire to reopen the alley. However, in this instance, the alley has been Page 11 of 40 “temporarily” closed for approximately fifteen years and staff has no knowledge of any major issues with the closure of this section of the alley adjacent to the Cordial Inn. At this point, there has been no resident input on the potential permanent closure of the alley and any input would be gathered during the required public hearing on the request for a right-of-way vacation. Public Works Department/Village Engineer: The Village Engineer has determined that the alley was improved approximately seventeen years ago (refer to the attached Engineering Plan sheets for the 2003 alley improvement project). There is a storm sewer in the alley, but it flows south and does not extend adjacent to the Cordial Inn property. There is no water main in the alley. It appears there are wooden power poles in the alley, and it is likely that these may include ComEd, AT&T, and Comcast utilities. These utilities would need to be accommodated through means of an easement to be granted and depicted on a Plat of Vacation to be approved by the Village Board and recorded with the Cook County Recorder of Deeds Office. Staff has reached out to Groot Industries, Inc. (private waste hauler for the Village of Brookfield) for their opinion on this matter. Bart Visser, Operations Manager with Groot, responded with a voice message on October 9 indicating that garbage trucks presently access the residential portion of the alley but must back down alley to Garfield Avenue. He stated that they would always prefer to drive their trucks straight through without backing up, but that the present situation doesn’t seem to be too big of an issue and that they can manage. Staff is not aware of any resident concerns about the present situation. There are nineteen single-family homes that utilize the southern section of the alley for vehicular access and/or for garbage pick-up. A garbage dumpster for the Cordial Inn is presently located in the parking lot to the west of the alley. Should the Village Board support this proposed alley vacation, staff will work with the owner to provide proper screening for the dumpster. Finally, in Illinois, when municipalities vacate public right-of-way, there is a two-step process. First, the municipality must determine that the public interest will be served by the vacation and such action must be approved by ordinance following a public hearing. Second, the municipality shall sell the vacated land to the abutting landowners for fair market value (refer to 65 ILCS 5/11-91-1 attached). In this case, the section of alley in question is located in between land that is owned by Mr. Volpe. In order to determine the fair market value, the Village would contract with a property appraiser to prepare a written appraisal. In addition to paying the Village to purchase the property, Mr. Volpe would also need to reimburse the Village for the cost of the appraisal. ATTACHMENTS: 1. Location Map/Aerial Photograph 2. Site Photos 3. Engineering Plan Sheet 3 (Existing Topography and Proposed Removal) for 2003 Alley Improvement Project, prepared by Hancock Engineering, dated 11-25-02 4. Engineering Plan Sheet 4 (Proposed Improvements) for 2003 Alley Improvement Project, prepared by Hancock Engineering, dated 11-25-02 5. Illinois Compiled Statutes concerning right-of-way vacation [65 ILCS 5/11/91-1] STAFF RECOMMENDATION: Village staff recommends that the Board review and discuss the proposed vacation of a portion of the alley and provide additional direction to staff. Pending Village Board direction, staff will communicate with Mr. Volpe on next steps. If this matter proceeds, a Request for Board Action and associated ordinances will be brought back to a future Village Board meeting for adoption following completion of the appraisal. REQUESTED COURSE OF ACTION: Page 12 of 40 Review, discussion, and direction to staff. Page 13 of 40 9207 31st Street: Cordial Inn ¯ Proposed Vacation of Alley 16.44 Feet 125.75 Feet Perimeter: 284.38 Feet Area: 2,067.33 Sq Feet Cordial Inn Parking Cordial Inn (16 spaces) 0 0.0035 0.007 Miles Page 14 of 40 10/7/2020 Site Photos of Cordial Inn and Alley between 31st Street and Garfield Avenue Photos taken October 7, 2020 Figure 1: Cordial Inn Outdoor Dining Area (view looking south) Figure 2: Cordial Inn Outdoor Dining Area (view looking south) Page 15 of 40 Site Photos of Cordial Inn and Alley between 31st Street and Garfield Avenue Photos taken October 7, 2020 Figure 3: Cordial Inn Parking Lot (view looking south) Figure 4: Alley in block bounded by 31st Street, Maple Avenue, Garfield Avenue, and Arthur Avenue (view looking north from Garfield Avenue) Page 16 of 40 Site Photos of Cordial Inn and Alley between 31st Street and Garfield Avenue Photos taken October 7, 2020 Figure 5: Alley in block bounded by 31st Street, Maple Avenue, Garfield Avenue, and Arthur Avenue (view looking north from rear of 3136 Maple Avenue Figure 6: Alley in block bounded by 31st Street, Maple Avenue, Garfield Avenue, and Arthur Avenue (view looking north from rear of 3114 Maple Avenue Page 17 of 40 Page 18 of 40 Page 19 of 40 Home Legislation & Laws Senate House My Legislation Site Map Bills & Resolutions Illinois Compiled Statutes Compiled Statutes ILCS Listing Public Acts Search Guide Disclaimer Public Acts Information maintained by the Legislative Reference Bureau Legislative Reports Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing IL Constitution 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 Legislative Guide concerning the relationship between statutes and Public Acts, refer to the Guide. Legislative Glossary 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 Search By Number Public Act that has not yet taken effect, the version of the law that is currently in (example: HB0001) effect may have already been removed from the database and you should refer to Go that Public Act to see the changes made to the current law. Search Tips (65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1) Search By Keyword Sec. 11-91-1. Whenever the corporate authorities of any Go municipality, whether incorporated by special act or under any Search Tips general law, determine that the public interest will be subserved by vacating any street or alley, or part thereof, within their jurisdiction in any incorporated area, they may Advanced Search vacate that street or alley, or part thereof, by an ordinance. The ordinance shall provide the legal description or permanent index number of the particular parcel or parcels of property acquiring title to the vacated property. But this ordinance shall be passed by the affirmative vote of at least three- fourths of the aldermen, trustees or commissioners then holding office. This vote shall be taken by ayes and noes and entered on the records of the corporate authorities. No ordinance shall be passed vacating any street or alley under a municipality's jurisdiction and within an unincorporated area without notice thereof and a hearing thereon. At least 15 days prior to such a hearing, notice of its time, place and subject matter shall be published in a newspaper of general circulation within the unincorporated area which the street or alley proposed for vacation serves. At the hearing all interested persons shall be heard concerning the proposal for vacation. The ordinance may provide that it shall not become effective until the owners of all property or the owner or owners of a particular parcel or parcels of property abutting upon the street or alley, or part thereof so vacated, shall pay compensation in an amount which, in the judgment of the corporate authorities, shall be the fair market value of the property acquired or of the benefits which will accrue to them by reason of that vacation, and if there are any public service facilities in such street or alley, or part thereof, the ordinance shall also reserve to the municipality or to the public utility, as the case may be, owning such facilities, such property, rights of way and easements as, in the judgment Page 20 of 40 of the corporate authorities, are necessary or desirable for continuing public service by means of those facilities and for the maintenance, renewal and reconstruction thereof. If the ordinance provides that only the owner or owners of one particular parcel of abutting property shall make payment, then the owner or owners of the particular parcel shall acquire title to the entire vacated street or alley, or the part thereof vacated. The determination of the corporate authorities that the nature and extent of the public use or public interest to be subserved in such as to warrant the vacation of any street or alley, or part thereof, is conclusive, and the passage of such an ordinance is sufficient evidence of that determination, whether so recited in the ordinance or not. The relief to the public from further burden and responsibility of maintaining any street or alley, or part thereof, constitutes a public use or public interest authorizing the vacation. When property is damaged by the vacation or closing of any street or alley, the damage shall be ascertained and paid as provided by law. (Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.) Home | Legislation & Laws | House | Senate | My Legislation | Disclaimers | Email This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706 217-782-3944 217-782-2050 (TTY) Page 21 of 40 Sec. 6-102. - Class S, S1 and Class S2 subsidiary licenses. (a) A Class S, S1 or Class S2 subsidiary license authorizes subsidiary license categories required for the retail sale of alcoholic liquor in locations external to the premises, such as outdoor cafes. No Class S, S1 or Class S2 subsidiary license will be issued unless a regular Class 1 through 7 or Class 9 through 12 license has been applied for and granted. (b) Each Class S, S1 or Class S2 subsidiary license shall be independent of the regular license for purposes of enforcement; provided, however, if the regular Class 1 through 7 or Class 9 through 12 license is revoked, the Class S, S1 or Class S2 subsidiary license shall also be revoked. (c) For holders of Class S or Class S1 subsidiary license, hours during which no liquor shall be sold shall be as follows: (1) For every day except Friday, Saturday, Sunday and legal holidays, between 10:00 p.m. and 11:00 a.m. (2) On Friday, Saturday and legal holidays, between 11:00 p.m. and 11:00 a.m. (3) On Sundays, between 10:00 p.m. and 11:00 a.m. (d) For holders of a Class S2 subsidiary license, the hours during which no liquor shall be sold shall be the same as the regular Class 1 through seven license issued to the licensee. ( Ord. No. 2014-26, § 3 , 5-12-2014) Editor's note— Ord. No. 2014-26, § 2 , adopted May 12, 2014, amended § 6-102 in its entirety to read as herein set out. Former § 6-102, pertained to Class S and Class S1 subsidiary licenses. See Code Comparative Table for a detailed history of derivation. Page 22 of 40 Sec. 6-103. - Outdoor cafes. (a) A Class S or S2 subsidiary license is required for retail sale of alcoholic liquor on private property exterior to the regularly licensed premises. This license will only be issued to establishments that are located in either commercial or industrial zoned areas of the village. (1) In commercial or industrial zoned areas of the village, Class S or S2 licenses will only be issued to licensed restaurants where the serving of food is the primary purpose of the establishment. The outdoor cafe must be at least 50 feet from any residentially zoned property in adjacent residential zones. This distance shall be measured from the nearest fence of the outdoor cafe to the closest developed property line. (2) In commercial or industrial zoned areas, Class S or S2 licenses will only be issued to a licensee where the serving of food is incidental to the establishment's primary purpose, the sale of alcoholic liquor; however, the outdoor cafe must be located 200 feet from any residence in adjacent residentially zoned areas that distance being measured from the nearest fence of the outdoor cafe to the residentially zoned property, except, however, when the residential district is separated from the commercial or industrial district by a right-of-way, then the outdoor cafe must be located 80 feet from any residentially zoned property, and the distance shall be measured from the nearest fence of the outdoor cafe to the closest residential structure. (3) The outdoor cafe must be adequately enclosed with a minimum six- foot high fence, wall or enclosure to ensure privacy and the control of alcoholic liquors. All alcoholic liquors shall be delivered to the outdoor cafe by an employee or owner of the licensed premises, with no alcoholic liquors being carried from the regular premises to the outdoor cafe by the customer. All external music from bands, groups, amplification systems or excessive noise must cease in the outdoor cafe at 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when it must cease at 10:30 p.m. (b) A Class S1 subsidiary license is required for the retail sale and dispensing of alcoholic liquor on any public right-of-way immediately adjacent to and abutting a regularly licensed premise. A Class S1 subsidiary license shall be an additional license issued for an establishment that has also been issued a regular liquor license pursuant to and in accordance with this chapter 6, and shall only be for the purposes of allowing retail Page 23 of 40 sales and dispensing of alcoholic liquor on any public right-of-way immediately adjacent to and abutting a regularly licensed premises. A Class S1 subsidiary license shall only be issued to establishments subject to the following conditions: (1) The applicant has applied for and been granted a permit to operate a sidewalk café pursuant to and in accordance with chapter 46 of this Code; (2) The applicant shall provide evidence to the local liquor control commissioner, at the time of its application for a Class S1 subsidiary license, that the regularly licensed premises and the area on the immediately adjacent to and abutting public right-of-way to contain the sidewalk cafe are covered by Dram Shop Liability Insurance in maximum limits so as to hold harmless the village, its elected or appointed officials, officers, employees, agents, representatives, and attorneys from all financial loss, damage, or harm, and shall name the village, its elected or appointed officials, officers, employees, agents, representatives, and attorneys as additional insured. Such Dram Shop Liability Insurance shall cover all lessees, licensees, or invitees who may use the regularly licensed premises and the immediately adjacent and abutting public right-of-way to contain the sidewalk cafe; alternatively, the applicant may deliver evidence that the lessee, licensee, or invitee carries adequate Dram Shop Liability Insurance in a manner consistent with this subsection (b)(2); (3) Sidewalk cafes shall only be located on public rights-of-way immediately adjacent to and abutting a regularly licensed establishment subject to the following conditions: a. Applicants whose establishments are licensed restaurants where the serving of food is the primary business purpose shall only establish such sidewalk cafes at least 50 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest developed property line; b. Applicants whose establishments are not licensed restaurants where the serving of food is not the primary business purpose, but where the serving of alcoholic liquor is the primary business purpose, shall only establish such sidewalk cafes at least 200 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest developed property line; provided, however, when the residential district is separated Page 24 of 40 from the commercial or industrial district by a street, in which case, the sidewalk café must be located 80 feet from any residences in adjacent residentially zoned areas, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest residential structure; or c. The outdoor cafe must be adequately enclosed with a minimum three-foot high fence, wall or enclosure to ensure privacy and the control of alcoholic liquors. All alcoholic liquors shall be delivered to the outdoor cafe by an employee or owner, of the licensed premises, with no alcoholic liquors being carried from the regular premises to the outdoor cafe by the customer. All external music from bands, groups, amplification systems or excessive noise must cease in the outdoor cafe at 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when it must cease at 10:30 p.m.; (4) The local liquor control commissioner may impose such additional conditions and requirements upon a Class S1 subsidiary license that may be reasonable and appropriate to ensure that the public health, safety, welfare, and convenience are protected and preserved; and (5) A Class S1 subsidiary license term shall run concurrent with the sidewalk cafe permit and the regular liquor license issued for the establishment. In the event that either a sidewalk permit or a regular liquor license is revoked for an establishment, then the Class S1 subsidiary license for that establishment shall also be revoked. (c) A Class S3 subsidiary license is required for retail sale of alcoholic liquor on public property including, without limitation, park, playground, public right-of-way or building belonging to or under the control of the Village. This license will only be issued to holders of a Class 8 license. (Code 1964, § 03-28; Ord. No. 1990-35, 7-9-1990; Ord. No. 1994-27, 6-13-1994; Ord. No. 03-19, 6-9- 2003; Ord. No. 2006-64, 9-11-2006; Ord. No. 2014-26, § 4 , 5-12-2014) Page 25 of 40 Committee Item Memo Meeting Date: January 25, 2021 Staff Contact: Michael Schwarz, Community Development Director Department: Community Development Subject: Community Solar Clearinghouse Solution Program (CS² Program) - An Initiative of the Metropolitan Mayors Caucus Background Information: On December 15, 2020, the former Village Planner attended a webinar offered by the Metropolitan Mayors Caucus (MMC) Environmental Subcommittee regarding their Community Solar Clearinghouse Solution Program (CS² Program). The MMC has invited the Village to participate in this program which offers community solar subscriptions to residents and businesses. In an attempt to make the process transparent, the MMC is asking local governments to introduce and connect residents to the program. The community solar panels have already been installed elsewhere in Illinois. There is no cost to the Village, and it offers residents and businesses the opportunity to save money and participate in solar energy even if they do not own their home or business property. There’s no physical installation or land required in Brookfield. The program simply provides an option to purchase solar credits from community solar farms and these credits would be reflected on the participant's electric bill. The MMC has indicated that if the Village does not opt to participate, it should be aware that there might not be a new community solar supply for three or four years, and the savings to subscribers will decrease. If there is consensus for the Village to participate in this program, the MMC requires submittal of an expression of interest form before the end of January. There are a number of administrative tasks that Village staff would be required to complete, but again, there is no other cost to the Village to offer this program to our residents and businesses. The municipalities simply sponsor the CS² Residential Program by connecting residents directly to an approved community solar subscription offer. Municipalities share information and utility customer lists. MMC distributes direct mail to customers and manages subscriptions as the CS² Program Billing Administrator. More information about the program is attached and also found here: https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution- program-cs2program/ The following Village Tasks are required to participate in the CS² Program: 1. Complete an Expression of Interest form. The form is on the Submittable site and will serve as an account for your participation in CS2 Program: https://metropolitanmayorscaucus.submittable.com/submit/181541/residential- community-solar-clearinghouse-solutions-program-cs2-expression-of Page 26 of 40 2. Consult with the Power Bureau. Schedule a consultation with Mark Pruitt of the Power Bureau to determine the best community solar terms for your local government (markjpruitt@thepowerbureau.com or 219-921-3828). 3. Approve Subscription Terms and Participation. Municipalities must approve the commercial terms that the CS2 Program negotiates with community solar developers. Early adopters will likely capture the best terms. o Attachment A: Please see a set of sample commercial terms for the community solar subscriptions currently available. 4. Pass a Resolution. The CS2 Program requires participating municipalities to pass a resolution approving participation in the CS2 Program. o Attachment B: Sample resolution to be customized for Board action 5. Submit Endorsement Letter. The Illinois Power Agency requires that parties that endorse a community solar offer submit an Endorsement Letter. o Attachment C: Sample Endorsement Letter to be submitted to the CS2 Program Billing Administrator 6. Request Mailing Addresses from Utility. Request and share a current mailing list for all residential and small commercial customers located within your municipal borders. o Attachment D: Mailing list request to submit to ComEd o The Power Bureau will reimburse the municipality for the expense related to securing this mailing list. Upload your utility bill with the mailing list charge to your Submittable account (where you filled out the Expression of Interest Form). 7. Register as a Marketing Designee. The Illinois Power Agency requires that parties that recommend community solar subscriptions to consumers be registered as Marketing Designees – including municipalities. o Attachment E: A step-by-step guide to registering as a Marketing Designee. 8. Edit and Approve the Direct Mailer. MC Squared will cover the cost of a mailing to all of your eligible residents. o Attachment F: Sample postcard mailer, indicating what should be updated 9. Post CS2 Program Information on Municipal Website. The Program works best when residents can verify that the community solar offer is explained on the municipal website. Consider what information you want to provide to your residents. o Attachment G: Sample text that can be edited for use and posting on your municipal website o Examples of other municipalities’ community solar webpages are shown below: ▪ City of Lake Forest Community Solar ▪ Village of Deerfield Community Solar ▪ Village of Northbrook Community Solar ▪ Village of Skokie Community Solar 10. Sign Up Municipal Accounts. Consider leading by example by enrolling some municipal accounts into the program (e.g., accounts served under the Watt-Hour or Small Commercial rate classes). All municipalities previously enrolled in the CS2 Program have had account analysis and terms provided. These can be revisited upon request. Financial Impact: Page 27 of 40 None. Recommendation(s): Review and discuss the attached information. Attachments: Community Solar Clearinghouse Solution Program - Mayors Caucus Page 28 of 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus COVID-19 Resources 2020 Census Engagement Contact About The Region Initiatives Legislative Priorities  Community Solar Clearinghouse Solution Program Community Solar Clearinghouse Solution Program (CS² Program) Simplifies Community Solar Procurement Acquiring community solar subscribers is a challenge for renewable energy developers. So in 2018, the Metropolitan Mayors Caucus and The Power Bureau identified the perfect community solar customers: municipalities. Municipalities do not move, they usually have good credit, and they have multiple small utility accounts that meet the requirements of the state’s community solar program. Rainy Solar in Elgin is the first community The Caucus started the Community Solar solar project in the state. Through the CS2 Clearinghouse Solutions Program (CS² Program) program, eight communities subscribed to to pool municipal subscribers and match them the project. with community solar projects under development. The CS² Program for Municipal Facilities simplified the subscription process for municipalities by identifying utility accounts that would realize savings, procuring the best rate from solar developers, and managing contracts and billing for communities to ensure cost savings. When Rainy Solar in Elgin became the first community solar project completed in Illinois in October 2019, eight communities subscribed to the project through the CS² program, including Deerfield, Elgin, Glencoe, Glenview, Highland Park, Lake Bluff, Lake Forest, and Oak Park. The communities earn bill credits that will result in 10% electricity supply cost savings for the next 20 https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 29 of1/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus years. Among Caucus members, two other villages have also signed on to different community solar projects: Thornton and Fox River Grove. Shift to Residential Subscribers Now the Caucus and the Power Bureau are shifting their focus toward residential subscribers. The CS2 Residential Program allows municipalities to extend fair and transparent subscription terms to their residents and small businesses. Local governments provide a trusted voice to citizens to let them know that a community solar offer is credible. Additional benefits of the CS2 Residential Program include saving residents money on the supply portion of their electric bill and providing equitable access to community solar by seeking projects that do not require credit checks. The Caucus and the Power Bureau launched a pilot CS2 Residential Program in September 2020 in partnership with seven North Shore Electricity Aggregation Consortium (NSEAC) communities, including Deerfield, Glencoe, Highland Park, Lake Bluff, Lake Forest, Northbrook, and Skokie. It scaled up a successful pilot residential community solar aggregation model now underway with the Village of Oak Park. The municipalities simply sponsor the CS² Residential Program by connecting residents directly to an approved community solar subscription offer. Municipalities share information and utility customer lists. MC Squared distributes direct mail to customers and manages subscriptions as the CS² Program Billing Administrator. Find out more about the CS2 Residential pilot program in NSEAC communities by viewing the press release or the North Shore Community Solar Portal. Participate in the CS² Residential Program The CS2 Residential Program now invites all GRC Communities to participate. If your community is interested, then please follow the steps below to sponsor the CS2 Residential Program. The steps and documents can also be downloaded in one file, in Word or PDF format. 1. Complete an Expression of Interest form. The form is on the Submittable site and will serve as an account for your participation in CS2 Program: https://metropolitanmayorscaucus.submittable.com/submit/181541/residential-community- solar-clearinghouse-solutions-program-cs2-expression-of 2. Consult with the Power Bureau. Schedule a consultation with Mark Pruitt of the Power Bureau to determine the best community solar terms for your local government (markjpruitt@thepowerbureau.com or 219-921-3828). 3. Approve Subscription Terms and Participation. Municipalities must approve the commercial terms that the CS2 Program negotiates with community solar developers. https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 30 of2/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus Early adopters will likely capture the best terms. Attachment A: Please see a set of sample commercial terms for the community solar subscriptions currently available. 4. Pass a Resolution. The CS2 Program requires participating municipalities to pass a resolution approving participation in the CS2 Program. Attachment B: Sample resolution to be customized for Board action 5. Submit Endorsement Letter. The Illinois Power Agency requires that parties that endorse a community solar offer submit an Endorsement Letter. Attachment C: Sample Endorsement Letter to be submitted to the CS2 Program Billing Administrator 6. Request Mailing Addresses from Utility. Request and share a current mailing list for all residential and small commercial customers located within your municipal borders. Attachment D: Mailing list request to submit to ComEd The Power Bureau will reimburse the municipality for the expense related to securing this mailing list. Upload your utility bill with the mailing list charge to your Submittable account (where you filled out the Expression of Interest Form). 7. Register as a Marketing Designee. The Illinois Power Agency requires that parties that recommend community solar subscriptions to consumers be registered as Marketing Designees – including municipalities. Attachment E: A step-by-step guide to registering as a Marketing Designee. 8. Edit and Approve the Direct Mailer. MC Squared will cover the cost of a mailing to all of your eligible residents. Attachment F: Sample postcard mailer, indicating what should be updated 9. Post CS2 Program Information on Municipal Website. The Program works best when residents can verify that the community solar offer is explained on the municipal website. Consider what information you want to provide to your residents. Attachment G: Sample text that can be edited for use and posting on your municipal website Examples of other municipalities’ community solar webpages are shown below: City of Lake Forest Community Solar Village of Deerfield Community Solar Village of Northbrook Community Solar Village of Skokie Community Solar 10. Sign Up Municipal Accounts. Consider leading by example by enrolling some municipal accounts into the program (e.g., accounts served under the Watt-Hour or Small Commercial rate classes). All municipalities previously enrolled in the CS2 Program have had account analysis and terms provided. These can be revisited upon request. For more information, contact Edith Makra, Director of Environmental Initiatives, at emakra@mayorscaucus.org or contact Mark Pruitt, Principal at the Power Bureau, at https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 31 of3/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus markjpruitt@thepowerbureau.com. CS² Residential Program Resources PowerPoint Presentation on the CS² Residential Program at the Environment Committee and Energy Subcommittee – Dec. 15, 2020 (To obtain a link to the recording of this meeting, please email cscott@mayorscaucus.org.) Press/Awards on CS² for Municipal Press on CS² Program for Residents Facilities Several northern suburbs join new Interstate Renewable Energy Council community solar program that aims to (IREC) 3i Award – for the CS² save residents money – Chicago Program’s innovative approach to help Tribune, Nov. 16, 2020 communities subscribe their public Illinois’ legislative lockdown; Community facilities to community solar, September Solar section of article – Energy News 2019 Network, Nov. 18, 2020 Municipalities saving on electricity costs thanks to Elgin entrepreneur’s community solar project – a first in Illinois – Chicago Tribune, Oct. 17, 2019 First solar project of its kind in the state lights up in Elgin – Daily Herald, Oct. 18, 2019 North Shore Towns to Save Money With New Community Solar Project – Patch, Oct. 22, 2019 GRC Goal The CS2 Program allows communities to progress on the Greenest Region Compact goal to “Advance renewable energy.” QUICK FIND LATEST NEWS FIND US ON FACEBOOK https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 32 of4/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus  Home  Support local gov’t input Metropolitan Mayors C in energy code process Like Page 272 likes  The Region  Caucus to Speak at  Initiatives International Climate Metropolitan Mayors Cau on Friday Webinar  Legislative Priorities Next week, the International Code C  Video from Area Mayors: (ICC) will consider a proposal to lim  COVID-19 Resources government input into the model en Happy Zoomgiving! development process. This comes government code officials voted in  2020 Census  Mayors Wish Residents numbers to support energy efficienc Engagement Safe & Happy measures in the 2021 International Conservation Code. The 2021 code Thanksgiving  Contact increase commercial and residentia efficiency by 8-14% over the 2018 c which will save businesses and res money on utility bills in the future. ABOUT US Although the deadline to comment proposal has passed, the ICC Boar The Metropolitan Mayors on Thursday, Jan. 21st, at 11 a.m. C Caucus is a membership viewed at http://bit.ly/3qjkmok. organization of the Chicago Energy News Network region’s 275 cities, towns Nonprofit Organization · 2,652 L January 13 at 7:06 AM and villages. The Caucus pushes past geographical Months after record participation boundaries and local interests to work on public policy issues. © Copyright 2020 The Metropolitan Mayors Caucus. All Rights Reserved. Web Site by NuZoo Media • Chicago Web Design Deprecated: Directive 'allow_url_include' is deprecated in Unknown on line 0 https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 33 of5/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus COVID-19 Resources 2020 Census Engagement Contact About The Region Initiatives Legislative Priorities  Community Solar Clearinghouse Solution Program Community Solar Clearinghouse Solution Program (CS² Program) Simplifies Community Solar Procurement Acquiring community solar subscribers is a challenge for renewable energy developers. So in 2018, the Metropolitan Mayors Caucus and The Power Bureau identified the perfect community solar customers: municipalities. Municipalities do not move, they usually have good credit, and they have multiple small utility accounts that meet the requirements of the state’s community solar program. Rainy Solar in Elgin is the first community The Caucus started the Community Solar solar project in the state. Through the CS2 Clearinghouse Solutions Program (CS² Program) program, eight communities subscribed to to pool municipal subscribers and match them the project. with community solar projects under development. The CS² Program for Municipal Facilities simplified the subscription process for municipalities by identifying utility accounts that would realize savings, procuring the best rate from solar developers, and managing contracts and billing for communities to ensure cost savings. When Rainy Solar in Elgin became the first community solar project completed in Illinois in October 2019, eight communities subscribed to the project through the CS² program, including Deerfield, Elgin, Glencoe, Glenview, Highland Park, Lake Bluff, Lake Forest, and Oak Park. The communities earn bill credits that will result in 10% electricity supply cost savings for the next 20 https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 34 of1/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus years. Among Caucus members, two other villages have also signed on to different community solar projects: Thornton and Fox River Grove. Shift to Residential Subscribers Now the Caucus and the Power Bureau are shifting their focus toward residential subscribers. The CS2 Residential Program allows municipalities to extend fair and transparent subscription terms to their residents and small businesses. Local governments provide a trusted voice to citizens to let them know that a community solar offer is credible. Additional benefits of the CS2 Residential Program include saving residents money on the supply portion of their electric bill and providing equitable access to community solar by seeking projects that do not require credit checks. The Caucus and the Power Bureau launched a pilot CS2 Residential Program in September 2020 in partnership with seven North Shore Electricity Aggregation Consortium (NSEAC) communities, including Deerfield, Glencoe, Highland Park, Lake Bluff, Lake Forest, Northbrook, and Skokie. It scaled up a successful pilot residential community solar aggregation model now underway with the Village of Oak Park. The municipalities simply sponsor the CS² Residential Program by connecting residents directly to an approved community solar subscription offer. Municipalities share information and utility customer lists. MC Squared distributes direct mail to customers and manages subscriptions as the CS² Program Billing Administrator. Find out more about the CS2 Residential pilot program in NSEAC communities by viewing the press release or the North Shore Community Solar Portal. Participate in the CS² Residential Program The CS2 Residential Program now invites all GRC Communities to participate. If your community is interested, then please follow the steps below to sponsor the CS2 Residential Program. The steps and documents can also be downloaded in one file, in Word or PDF format. 1. Complete an Expression of Interest form. The form is on the Submittable site and will serve as an account for your participation in CS2 Program: https://metropolitanmayorscaucus.submittable.com/submit/181541/residential-community- solar-clearinghouse-solutions-program-cs2-expression-of 2. Consult with the Power Bureau. Schedule a consultation with Mark Pruitt of the Power Bureau to determine the best community solar terms for your local government (markjpruitt@thepowerbureau.com or 219-921-3828). 3. Approve Subscription Terms and Participation. Municipalities must approve the commercial terms that the CS2 Program negotiates with community solar developers. https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 35 of2/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus Early adopters will likely capture the best terms. Attachment A: Please see a set of sample commercial terms for the community solar subscriptions currently available. 4. Pass a Resolution. The CS2 Program requires participating municipalities to pass a resolution approving participation in the CS2 Program. Attachment B: Sample resolution to be customized for Board action 5. Submit Endorsement Letter. The Illinois Power Agency requires that parties that endorse a community solar offer submit an Endorsement Letter. Attachment C: Sample Endorsement Letter to be submitted to the CS2 Program Billing Administrator 6. Request Mailing Addresses from Utility. Request and share a current mailing list for all residential and small commercial customers located within your municipal borders. Attachment D: Mailing list request to submit to ComEd The Power Bureau will reimburse the municipality for the expense related to securing this mailing list. Upload your utility bill with the mailing list charge to your Submittable account (where you filled out the Expression of Interest Form). 7. Register as a Marketing Designee. The Illinois Power Agency requires that parties that recommend community solar subscriptions to consumers be registered as Marketing Designees – including municipalities. Attachment E: A step-by-step guide to registering as a Marketing Designee. 8. Edit and Approve the Direct Mailer. MC Squared will cover the cost of a mailing to all of your eligible residents. Attachment F: Sample postcard mailer, indicating what should be updated 9. Post CS2 Program Information on Municipal Website. The Program works best when residents can verify that the community solar offer is explained on the municipal website. Consider what information you want to provide to your residents. Attachment G: Sample text that can be edited for use and posting on your municipal website Examples of other municipalities’ community solar webpages are shown below: City of Lake Forest Community Solar Village of Deerfield Community Solar Village of Northbrook Community Solar Village of Skokie Community Solar 10. Sign Up Municipal Accounts. Consider leading by example by enrolling some municipal accounts into the program (e.g., accounts served under the Watt-Hour or Small Commercial rate classes). All municipalities previously enrolled in the CS2 Program have had account analysis and terms provided. These can be revisited upon request. For more information, contact Edith Makra, Director of Environmental Initiatives, at emakra@mayorscaucus.org or contact Mark Pruitt, Principal at the Power Bureau, at https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 36 of3/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus markjpruitt@thepowerbureau.com. CS² Residential Program Resources PowerPoint Presentation on the CS² Residential Program at the Environment Committee and Energy Subcommittee – Dec. 15, 2020 (To obtain a link to the recording of this meeting, please email cscott@mayorscaucus.org.) Press/Awards on CS² for Municipal Press on CS² Program for Residents Facilities Several northern suburbs join new Interstate Renewable Energy Council community solar program that aims to (IREC) 3i Award – for the CS² save residents money – Chicago Program’s innovative approach to help Tribune, Nov. 16, 2020 communities subscribe their public Illinois’ legislative lockdown; Community facilities to community solar, September Solar section of article – Energy News 2019 Network, Nov. 18, 2020 Municipalities saving on electricity costs thanks to Elgin entrepreneur’s community solar project – a first in Illinois – Chicago Tribune, Oct. 17, 2019 First solar project of its kind in the state lights up in Elgin – Daily Herald, Oct. 18, 2019 North Shore Towns to Save Money With New Community Solar Project – Patch, Oct. 22, 2019 GRC Goal The CS2 Program allows communities to progress on the Greenest Region Compact goal to “Advance renewable energy.” QUICK FIND LATEST NEWS FIND US ON FACEBOOK https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 37 of4/5 40 1/19/2021 Community Solar Clearinghouse Solution Program - Mayors Caucus  Home  Support local gov’t input Metropolitan Mayors C in energy code process Like Page 272 likes  The Region  Caucus to Speak at  Initiatives International Climate Metropolitan Mayors Cau on Friday Webinar  Legislative Priorities Next week, the International Code C  Video from Area Mayors: (ICC) will consider a proposal to lim  COVID-19 Resources government input into the model en Happy Zoomgiving! development process. This comes government code officials voted in  2020 Census  Mayors Wish Residents numbers to support energy efficienc Engagement Safe & Happy measures in the 2021 International Conservation Code. The 2021 code Thanksgiving  Contact increase commercial and residentia efficiency by 8-14% over the 2018 c which will save businesses and res money on utility bills in the future. ABOUT US Although the deadline to comment proposal has passed, the ICC Boar The Metropolitan Mayors on Thursday, Jan. 21st, at 11 a.m. C Caucus is a membership viewed at http://bit.ly/3qjkmok. organization of the Chicago Energy News Network region’s 275 cities, towns Nonprofit Organization · 2,652 L January 13 at 7:06 AM and villages. The Caucus pushes past geographical Months after record participation boundaries and local interests to work on public policy issues. © Copyright 2020 The Metropolitan Mayors Caucus. All Rights Reserved. Web Site by NuZoo Media • Chicago Web Design Deprecated: Directive 'allow_url_include' is deprecated in Unknown on line 0 https://mayorscaucus.org/initiatives/environment/community-solar-clearinghouse-solution-program-cs2program/ Page 38 of5/5 40 Committee Item Memo Meeting Date: January 25, 2021 Staff Contact: Doug Cooper, Finance Director Department: Finance Subject: Discuss the Development of the 2021 Appropriations Ordinance and Including a Contingency Amount Background Information: Annually, the Village must prepare an Appropriation Ordinance which sets the legal level of spending for the Village. Brookfield bases its annual Appropriations Ordinance on the approved operating budget. Currently, if an unexpected expenditure occurs during the year, or there is an overage in a budgetary line item, the Village Board must approve the overage (indicating the funding source for the overage) through the adoption of a supplemental appropriation. In developing the annual Appropriation Ordinance, the Village is allowed to increase the legal dollar level of spending by including a contingency amount above the budgeted amount. Generally, this contingency amount would allow the Village to be within its legal spending authority throughout the year, even in the case of unexpected departmental expenditures. This would eliminate the need for supplemental appropriations. However, if this was approved by the Board, as directed by the Village Manager, individual departments would continue to spend according to the Board approved budget, as is current practice. Below is a schedule of area communities and how the annual appropriations ordinance is compiled for each municipality: Page 39 of 40 Recommendation(s): Staff recommends the addition of a 10% contingency amount to the operating budget in the formation of the annual appropriations ordinance. Page 40 of 40

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