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Home My WebLink About6. NEW BUSINESS 05/05/2009 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 27, 2009 SUBJECT: PZ-08-09/9l5 HI LUSI AVENUE / CONDITIONAL USE (CIRC DRIVEWAY) / ALEXANDROS AGALIANOS - APPLICANT The petitioner, Alexandros Agalianos, is seeking approval of a Conditional Use to construct a circular driveway in the front yard for the property at 915 Hi Lusi A venue. The petitioner proposes to demolish the existing single-family home and construct a new two-story singe-family home and related improvements, including a circular driveway in the front yard. The Zoning Code requires Conditional Use approval for the circular driveway. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, April 23, 2009 and by a vote of 7-0, recommended approval ofa Conditional Use for a circular driveway for the property at 915 Hi Lusi A venue, with the condition that the existing tree in the front yard is protected. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Per the Forestry Division, a silver maple tree, measuring thirty two inches (32") in diameter, is located on the parkway fronting the subject property. A fifteen foot (15') separation is required to be provided between the edge of excavation, trench or pavement and the center of the existing tree for protection of the tree. Per the Forestry Division, a tree protection plan has been approved as part of the demolition permit for the existing structure. The Petitioner will be required to comply with the tree preservation plan once new construction starts. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 5, 2009 meeting. Staff will be present to answer any questions related to this matter. . /' .- rd- CJ . . m J. Cooney, Jr., AICP H:\PLAN\Planning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-OS-09 915 Hi Lusi Aw(CU Circular Drivcway),doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-08-09 Hearing Date: April 23, 2009 PROPERTY ADDRESS: 915 S. Hi Lusi Avenue PETITIONER: Alexandros Agalianos PUBLICATION DATE: March 11, 2009 PIN NUMBER: 08-14-207 -008-0000 REQUEST: Conditional Use (circular driveway) MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist ST AFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTIES: Alexandros and Georgia Agalianos Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the February 26, 2009 meeting; Marlys Haaland seconded the motion. The minutes were approved 6- 0; with Joseph Donnelly abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ-08- 09, a request for a Conditional Use (circular driveway) at 915 Hi Lusi Avenue, at 7:37 p.m. Consuelo Andrade, Development Review Planner, said the Petitioner was requesting Conditional Use approval to allow construction of a circular driveway for the property located at 915 Hi Lusi Avenue. The subject property is zoned R-l Single Family Residential and is bordered on all four sides by the R-l district. The lot measures 75 feet wide by 150 feet deep; it contains a single-family home with related improvements. Ms. Andrade showed a copy of the Plat of Survey that reflected the existing site conditions. She also showed a picture of the existing home. Ms. Andrade stated that the existing home is one story made out of brick and is currently unoccupied. The subject property presently complies with the R-l zoning requirements. The Petitioner was proposing to demolish the existing home and construct a new single-family home with related improvements that include a circular driveway in the front yard. Ms. Andrade said Village Code requires a Conditional Use for a circular driveway. Ms. Andrade showed the site plan for the proposed home. It would be two stories with related improvements that include a patio in the rear yard and the proposed circular driveway. The proposed driveway would measure 12 feet wide and would connect to a standard 12 foot wide by 20 foot wide driveway. Ms. Andrade showed pictures of the building elevations. The home would be constructed out of brick and stone. A three car garage would be attached to the home one car garage door fronting Hi Lusi and the two car garage would face the north side yard. Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-08-09 Page 1 of 4 Ms. Andrade showed a table for the R-l Single Family District Requirements: Rl Single Family District Existing Proposed Requirements Setbacks Front 30' 40.07' 32' Interior 10' or 10% oflot width 7.42'-north 8'-north 21.30' -south 8'- south Rear 25' 64.04' 61 ' Lot Covera2e Front Yard 45% max 22% 44.73% Overall 45% max 22% 43.67% Minimum Lot Width 75' min. 75' No change for Circular Driveways Turning Radius 15' min. N/A 18' Minimum Driveway Width (circular portion) 12' min N/A 12' Ms. Andrade stated that it has been previous Village policy to support a request for a circular driveway when the subject property fronts an arterial street and/or traffic volume is such that a circular driveway is necessary to resolve a safety conflict. She stated that circular driveways are not always requested as a safety issue, but as part of a larger improvement project for a residential property, and that Ordinance 5547 was approved recognizing this. Ms. Andrade discussed Ordinance 5547 that passed on February 7, 2006. This set forth minimum requirements for consideration of a Conditional Use approval for circular driveways to lots that measured 75 feet or greater in width. Additionally, the circular driveway should be a minimum 12 feet wide and have a minimum turning radius of 15 feet. Ms. Andrade showed the proposed driveway measurements. She said the Petitioner's proposed driveway would comply with the requirements set forth by Ordinance 5547. The subject property measures 75 feet wide, the circular drive width is 12 feet, and the minimum turning radius is 18 feet. Ms. Andrade said that Staff recommended approval of the motion listed in the Staff Report. Mr. Donnelly said he knew the Village had looked at circular driveways when the requirements were created, he thought if they met the requirements that they would not have to go in front of the Planning and Zoning Commission. Ms. Andrade stated that circular driveways are listed as a Conditional Use in the R-l zoning district. Any use that is considered a Conditional Use is required to go before the board for approval. Mr. Donnelly asked if the Planning and Zoning Commission would see all of the circular driveway cases if they met the criteria. Ms. Andrade said that this statement was correct. Mr. Roberts said Ordinance 5547 was passed to establish the minimum criteria; it would still be considered a Conditional Use. Ms. Andrade stated that this was correct. There was general discussion regarding whether or not the tree in front of the property was on the Village right- of-way or not. Ms. Andrade said the Petitioner was in the audience and could address this. Ms. Andrade said Staff wanted to note that the Petitioner previously had the driveway closer to the home; however, the original plan exceeded the maximum amount of lot coverage. It originally exceeded the lot Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-08-09 Page 2 of 4 coverage requirement by approximately 114 square feet. The Petitioner reduced the width of the driveway from 15 feet to 12 feet and reduced the lot coverage in the front yard. Chairman Rogers swore in Alexandros Agalianos, 823 Concord Lane, Des Plaines, Illinois. Mr. Agalianos said he does not presently live at the subject property, but plans to move in after construction of the new home. Chairman Rogers asked about the tree in the front yard. Mr. Agalianos said he believed that the mature tree in question would not be in the way of the circular driveway. He was told that the tree was in the parkway (right-of- way) and it belonged to the Village. Mr. Youngquist discussed possible tree requirements for paved surfaces in the right-of-way. He believed there were requirements set forth by the Forestry Division. Mr. Beattie asked if the circular driveway would be in compliance due to its location with the parkway tree. Ms. Andrade stated that the zoning ordinance does not have a minimum distance required between the driveway and the tree. She said she was not aware ofthe Forestry requirements. Ms. Andrade stated that this requirement could be reviewed at the building permit stage to ensure compliance with any Forestry requirements. Mr. Roberts wanted the potential Forestry requirements be noted for this case so they could be reviewed before this case goes to the Village Board. Chairman Rogers said from the aerial view, he believed the drip line of the tree just touches the driveway. He stated that it should be okay, but advised that the Petitioner needed to take special care of the tree during construction. Mr. Floros asked the Petitioner why he wanted a circular driveway since there is already a three car garage for the proposed home. He said this was a lightly traveled street, not on a busy thoroughfare. Mr. Agalianos stated that he is building his dream house. He and his wife really wanted a circular drive as they met the requirements and had their architect draw it in. He also wanted a safer area for his kids. Mr. Roberts stated that he hoped that the circular drive would not be used to park cars since the Petitioner proposed a three car garage. Mr. Agalianos said the only time cars would be on the circular drive would be for a family function to reduce the amount of cars parked on the street. Mr. Donnelly asked the Petitioner if there would be a problem if a condition was placed on the circular driveway for no overnight parking. Mr. Agalianos said he had no problem with the condition. Mr. Donnelly made a motion to approve the circular driveway with the condition that there would be no overnight parking on the circular drive. There was general discussion regarding whether or not a condition banning overnight parking could be placed due to enforcement. Mr. Donnelly stated that it would not be enforceable by Staff, but if there were complaints from neighbors it would give the Village a chance to step in. Mr. Donnelly said if a condition was not placed, then the Petitioner could utilize the driveway as a parking lot. Chairman Rogers asked Staff for a ruling on this. Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-08-09 Page 3 of 4 Brian Simmons, Deputy Director of Community Development, stated that he was unsure of previous history with the Village Board on circular driveways. He said that the Planning and Zoning commission could add conditions for approval. The Village Board then could vote with or without the conditions placed by the Planning and Zoning Commission. He stated that the condition would be difficult to enforce. Mr. Roberts suggested that two items be checked before going to Village Board. He wanted the Forestry requirements to be reviewed and see if the Village Board would consider placing restrictions on overnight parking for a circular drive. Mr. Agalianos said he only has two vehicles and a motorcycle. Chairman Rogers stated the preference of the Planning and Zoning Commission was for the Petitioner not to park vehicles on the circular drive overnight. Mr. Agalianos stated that he planned to do landscaping and wants the home to look nice. Mr. Youngquist said he does not see a difference between a circular driveway and a standard car driveway on any home. Chairman Rogers stated the only objectionable item would be seeing the entire length of the vehicle. Mr. Floros said he agreed with Mr. Youngquist and would not support the restriction placed preventing overnight parking. There was general discussion regarding the limits set forth by the 2006 circular driveway ordinance. Chairman Rogers stated no matter what the Planning and Zoning Commission decided, overnight parking on a driveway could not be enforced. Mr. Donnelly said he was okay with removing the condition placed in the motion if the Planning and Zoning Commission was in favor of doing so. Mr. Donnelly made a motion to approve a Conditional Use permit for a circular driveway for the residence at 915 Hi Lusi Avenue, Case No. PZ-08-09. Mr. Beattie seconded the motion. The Village Board's decision is final for this case. UPON ROLL CALL: A YES: Beattie, Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion passed 7-0. Mr. Beattie made a motion to adjourn at 8:03 p.m., seconded by Mr. Donnelly. The motion was approved by a voice vote and the meeting was adjourned. 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"'C./C .:>'.~'" 0 D~!';'" .~..~. _~:o z '~~i~:9~~'~'ffi ~ ~ ~ 5-~ ~ ] ;:: ... ~U (,J. III III to 0 Page 1 of 1 Angell, Lisa From: Cooney, Bill Sent: Thursday, April 30, 200910:41 AM To: Angell, Lisa; Dewis, Kimberly Subject: FW: Request to wave second reading case PZ-08-09 From: georgia agalianos [mailto:georgia8801@yahoo.com] Sent: Tuesday, April 28, 2009 2:08 PM To: Cooney, Bill; Simmons, Brian Subject: Request to wave second reading case PZ-08-09 Dear, Mr. Bill Cooney Please accept this email as my formal request to wave the second reading for May 192009. As it pertains to case number PZ-08-09. The reason for this request is that we would like to start as soon as possible on our project. Let me know if you have any questions at (847) 803-8937. Thank you, Alex and Georgia Agalianos This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 4/30/2009 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 915 SOUTH HI LUSI AVENUE. MOUNT PROSPECT. ILLINOIS WHEREAS, Alexandros Agalianos, ("Petitioner"), has filed a petition for a Conditional Use permit for a circular drive for property located at 915 South Hi Lusi Avenue ("Property") and legally described as: Lot 16 in block 3 in Lonnquist Gardens, being a subdivision of part of the Northeast % of Section 14, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois according to the plat thereof recorded November 20, 1945 as document #13663132, in book 356 of Plats, page 5. Property Index Number: 08-14-207-008-0000; and WHEREAS, the "Petitioner" seeks a Conditional Use permit to construct a twelve foot (12') wide circular drive to connect to a standard 12- 20 foot wide driveway as shown on the site plan receipt dated April 6, 2009, Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ-08-09 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23rd day of April, 2009, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 11th day of March, 2009; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-08-09; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a circular drive would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit for a circular drive, all as shown on the site plan receipt dated April 6, 2009 a copy of which is attached and made a part hereof as Exhibit "A." SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: D Page 2/2 PZ-08-09 NAYS: ABSENT: PASSED AND APPROVED this th day of May 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\C USEcirculardrive915hilusiamay2009.doc 2 . './1 rJ <S .... - ~ .~~~ N ~!I" _u N~o{i~ \.Il~(l-t~ ..-u:' - '" /y - ~<;: ~~~ ~ I I ~If) ~t ~~ ~~ ~-~ <l.D~ ~~ ~iT\f ff~;.{i(\~ t: ~ ~ i 0 ~ }I w ~ CI>> i~ w I U ~ li!, ii\ 11 III w j ex ~ ~ ,j\ ('oJ .Q " ~~ ,oSL ..i-N3W;:.7<S'v';3 --....- ~ (L ~ 0'6 I C:> 7.. i= ~ ~ !~. 0''1 iJ1 \- \f) (j -C\ .~) -:'1\\ ~ .. \ i.\ - ., \) ~ (\ 8 .,- i ~ 4- I, ~'1 ~I(\I "].. '-1 ~;& K' >.>...1 Y-fii i ~l\\ I . 0'1;1 _1 .- -(:) ~1 I I I )- ~ aJ ~ ~ ,., ~ ~ '0 ? ,0'1,1 I JSnl- Irt'~:1 b MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 24, 2009 SUBJECT: PZ-03-09 / 930 E. RAND ROAD / PLAT OF WATER MAIN EASEMENTS MANHARD CONSULTING, LTD. (WALMART) - PETITIONER The petitioner, Manhard Consulting Ltd., is seeking approval of a Plat of Water Main Easements for the Walmart store located at 930 E. Rand Road. The Walmart store was issued a building permit in March 2009 for a store expansion and related improvements. The Public Works Department reviewed the project and is requesting the vacation of an existing water main easement and dedication of several water main easements on the property. The Petitioner is seeking approval of the required plat. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, April 23, 2009 and by a vote of 7-0, recommended approval of a Plat of Water Main Easements for the property at 930 E. Rand Road. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 5, 2009 meeting. Staff will be present to answer any questions related to this matter. . h... f$t.. 'am J. Cooney, Jr., AICP H:\PLAN\Planning & Zoning COMM\P&Z 2009\MEJ MEMOS\PZ-03..()l} 930 E. Rand Rd- Willmart (Plat ofwalcr main casclllcnts).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-03-09 Hearing Date: April 23, 2009 PROPERTY ADDRESS: 930 E. Rand Road PETITIONER: Manhard Consulting, Ltd. Attn: Ms. Bernessa Krone 900 Woodlands Parkway Vernon Hills, IL 60061 OWNER: Wal-Mart Real Estate Business Trust Attn: Mr. Mike Gardner 2001 SE 10th Street Bentonville, AR 72716 PUBLICATION DATE: Not required; sign posted on-site April 8,2009 PIN NUMBER: 03-35-302-013-0000 REQUEST: Vacate an existing water main easement and designate new water main easements MEMBERS PRESENT: Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Brian Simmons, AICP, Deputy Director of Community Development Consuelo Andrade, Development Review Planner INTERESTED PARTY: Bernessa Krone Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the February 26,2009 meeting; Marlys Haaland seconded the motion. The minutes were approved 6- 0; with Joseph Donnelly abstaining. Chairman Rogers introduced Case PZ-03-09, a request to vacate an existing water main easement and designate new water main easements at 930 E. Rand Road, at 7:33 p.m. Consuelo Andrade, Development Review Planner, stated that the Petitioner was requesting a Plat of Water Main Easements for the Walmart store located at 930 E. Rand Road. The Walmart store was issued a building permit in March 2009 for a store expansion and related improvements. Ms. Andrade said Public Works reviewed the project and was requesting the vacation of an existing water main easement and dedication of several water main easements on the property. The Petitioner was seeking approval of the Plat of Water Main Easements to comply with the Public Works requirement. The Plat would vacate an existing 20 foot easement that is adjacent to the Northwest corner of the existing building. Ms. Andrade stated that the Plat would also dedicate three 20 foot easements on the property. Ms. Andrade said that Staff recommended approval of the motion listed in the Staff Report. Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-03-09 Page 1 of2 Chairman Rogers swore in Bernessa Krone of Manhard Consulting, 900 Woodlands Parkway, Vernon Hills, Illinois. Ms. Krone said as a result of the building expansion, the one easement that is being vacated is in the location where the store is being expanded. The water main would be relocated and rededicated outside the new building. Ms. Krone stated the three other locations on the Plat are due to hydrant relocation and the new water service for the building. Mr. Roberts made a motion to approve a plat of water main easements, titled "Grant of Easement/Easement Vacation Plat Wal-Mart Subdivision, Mount Prospect, Illinois", benefiting the property located at 930 E. Rand Road, Case No. PZ-03-09. Mr. Donnelly seconded the motion. The Village Board's decision is final for this case. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion passed 7-0. After hearing one additional case, Mr. Beattie made a motion to adjourn at 8:03 p.m., seconded by Mr. Donnelly. The motion was approved by a voice vote and the meeting was adjourned. ,// /J;' 14 ~~ Ryan Kast Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting April 23, 2009 PZ-03-09 Page 2 of2 ~~!~~ .~~~. .!~~-i .~.~ ~"m5 ~ > ! : . : ~ (~J) ~-. Illl! . ." I ~.: Er~llllll ; \; j;,,,~P ... L~~~\()1/t> ",.'!' ~~',,>>4.'1.J ,p '? '" ' iO;'L~()~\.'" ,,9' ~ ~ I i I II i I I ! i I i: ~i ~! :i 11 ,. g! gi Ii ~i ,I ~l ~ ; ;" c: z :;1 ill ~S ~- o " -r---------fjj- I ~ ~ z ;;i z ;< >~ ~o ,,~ ~- " u; 5 z J~ e:-----tZ--f-- WAL.MART EXPANSION NO. 1681.06 MOUNT PROSPECT, ILLINOIS GRANT OF EASEMENT/EASEMENT VACATION PLAT ;;;, Manhard.. CONS.Ul..TINC! ~:~;:~"~?2~.~~s':E~~~~~[r=: ~;.:~~n:;~ . li~'f~ Rt;;:;se:oPER~IlAOF: 1tf;;\F;W--- l,ii,c- m 0\ I~ 09 RE"Sf:1;) F>E~ "ll-~a: flt\o1EVt MAC -wilw ~; ~ ~- ~~~-~fRSf;~~-T "RG1rw"- u;;:c- WiiW- ~ :E )>G') r:IJ ')> S:z ~~ ~O en'TI Cm m)> oen -m ===s: enm OZ Z~ ~ m s:)> oen Cm zS: ~m "tJZ :IJ~ 0< en)> "tJ0 m)> O:::! ~~ 0 Z r"tJ ~~ o~ en ~ ~~ ~~ ~~ ~ M' <~ ~ ~Z ~~ Vj m ~i ~ X iii .... ii ~ z Gl :.,:: ~ r~ ~ t:: i!~ ~~ ~ <> '" i'~ lA ~ ~ 0 '" g '" 1''': i'! ;!l! i ~!~i~ ~!~ ~i~~ ;!j~j Ii liil !~!;~ ~~ ~~~~ ~;~n ;~ 8~:~ Ui!~ ~~ ~~~ ili! II !ii a ~I ";~ """ il Ii PIP ~ :l ~ t":"~\ ~'~y ft~~ i i i! Ii ~ii ~ ") ," ~ ~ ~ ii ~Z~ 1I1'Uiliill;a ~~~~ ~m H ~~~ ~~~~~~ 9! ~f ~ii~ ~gj ~~i~~; g~ ~! , ~ -I lilT "1<;\-<' /!jl!i! . i I o,~~ ~~i~ ~~ ~!' ~~~~!! !~ ~t :l~ -,!lll.! ~',o, ~;! ~.!: . -. . ~ .... ..,.-<Co 8~ , 11 I ..' p~ u~ :~~~ ~'i\ I~hlli.t;m ~ ~.~; lill! ,I i "~Iih! . ~ 28 c' ~'I l~f~ i1i'j Ij j ;~ ".~ U11;ln Iii lll~ !u.m;! Ii! I :1'i~li~i I'i ~ ~i!ii!!U II I~~m ,.h'l / ilili/ ~."" I ;' oOCJ ,t. ;" / / .. r >l r~.. i! ill' !i !Ii ," "1 l;;- I.. d;: ~ ~~I !, g! '! ~; ;:;1 ! II ~~ ~~t;; 'i\ ~ : ,; ., i ~fI;l r I' . lE ~~d ~J !~ i!ii -~ 1.;11 ! li!l 1l11i I !iji ~ ~~l ~ ~~~ /:~~'f,.r'.;;;.\ ..~ .- . .. .- - ~.-:... ." ....., .",,' .. -'.1.,,,,';(..,...,- mg ~!"~ ~~~~ L.~ ~i:!~~ ~~~~ ,,~! i:~: ;~.~ ~~;. ~;;~ ~~"~ , ' ~a~ '8~ .~~ 'o~ 0'- m l~2 , '0 '" ~~: ~i'~ ~~~ ,~ ~~ ~~ ~n :~. W ~ ,; i~ '! ~~ ~ R H ~ , ~ . . I B!u_--,. ~....... IlTn _u~_ PROPOSED-;;A'::MARTEXPANSIONNO:;681-()6_~_= ~ Manhard. ~~;~C-""""--=:::._: .,.,..~. e !~~~II~1=_~ VILLAGEO"...~OUNTPROSPECT,ILlI~_()'S_ 1 CONSULT 'Ne LTD ~_=_- ~~u ~~.._- __: ~u~: i....... F~I 11=__ TOP~~RAPHICSURVEY __"m__ ~~.=....~...:~-::s=- :: G .____mjjj:~~::. ~ f~,r- " . t , ~ i ii: o " In ~ ~Z~ ~ ~I 10 10 ,~ " In ~ -I o "0 o G) :D :J> "0 ::I: - o en c :D < ~ RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF EASEMENTS VACATING AND DEDICATING CERTAIN EASEMENTS FOR PUBLIC UTILITIES AND DRAINAGE FOR PROPERTY LOCATED AT 930 EAST RAND ROAD (WAL - MART,930 MOUNT PROSPECT PLAZA) MOUNT PROSPECT. ILLINOIS WHEREAS, Manhard Consulting, Ltd. ("Petitioner") has filed, a petition to grant a Plat of Easements for property at 930 East Rand Road (Wal-Mart, 930 Mount Prospect Plaza) ("Property") and legally described in the Grant of Easement/Easement Vacation Plat dated December 9, 2008 as: Lot 1 in Wal - Mart Subdivision, being a subdivision in the Southwest X of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded June 15,1992 as document number 92461456 and corrected by the Plat recorded September 2, 1992 as document number 92651280, in Cook County, Illinois. Property Index Number: 03-35-302-013-0000 WHEREAS, the Corporate Authorities of the Village, after due consideration, have determined it is in the best interests of the Village to approve a plat, vacating an existing twenty foot (20') water main easement adjacent to the northwest corner of the existing building and dedicating three (3) - twenty foot (20') water main easements on the property as shown on the Plat of Easements, (Exhibit "A"). NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Plat of Easements for property located at 930 East Rand Road is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of May, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk E H:\CLKO\WIN\RESOLUTION\Plat of easementwalmart930eastrandroad2009.doc ... I 12 'i' ~ 2i :ll ~~A ~ ~ c1!!! : ~ di ""'" ~ 1II~:J ... ~ 8ii ~ ~ !I; ~ ~ ~~r w ~ i~~I' tIi '. ~ r~ !~: h m 5~ o.:j z- 0"': -0 ~ W I 00. ~I ~ ~ 9h I-IX i zOo WI- :Ez w:) mO ti5:E _ ft I-Z zO w- :E~ w~ me <1:0 w:) LLm 01- I-IX ~ ~ ~I" IX' ,,"" ~ A ;~ ~~~m~~ ~t:i~! ~!_~~8 ~i~m ii~~~~ e~~w. l"'~.~ .igll:ffi ~~i~e~ '~ilh J~~r~i ~I~~~~ ga~~~~ II II II II II ---, II I I','~: .. II L J '\ 1'1 I "0.':" II I II I / / 'Oz. I / / ~ I IJ/I / .......... (~ l' .....I>.L.., '" "" r%1 - II.........~~ I I~ I ~i II I II : I: :: 1/ h / J)) I :~J ~J.~h I~..' ( (. I I Pili #Vh ,if I I \ I / "h ...1 1;1 It I II /,,,:;":; ~4J/ Ihl I!.I ~\. /6' h .It;", I !II~ \l!1 ,,'A:<f~ '#!// .ii. .Ii Ilil~ I ~i 1 ..,#, ~,'f. / I.; liMit IlMI .sf' .tf~ f~ / ,~. I~il' Idl /~ ~.Jh .' 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I i 1;~llil!~!: I jl,t; {I!i !iI' i I .dll. 1~!I i ~ + . - -D '- -C ~ J I ~I!I iell IIi 1 PI I. !!~ I Ig~i r~ ;I ,!' . i!g~ ~r hI!I ~il~ 'I iijJj ~ "d II i~ih . " ~I ~_D~! '~I! I 'r'i II ! 112 ~.Iu ...........,...z-+----':> I ~~m.i~lilil~~ ~. ". ~ i~ E ~J ~. .. .. " . ;g w'A ~ ,"! j;j a~i ~ U; ~ Uf I !;I igl1 H h fl':~ Ii !ii! ., t.&A , f~IA II i!ii "fll A ~~ I II:~ I i~i~;i~ ihn ~ .m!d .m. ~I !i ~ > a: ~ en o - ::c a. <t a: ~ o a. o I- ~ ~;~li ~- ~t,~~ (rl?i7! ~ ~ ~,~~ f a\Il/ItI_OJ. 8IONm 'JllildIOlld.l.Nl1Olll,j()!I1Dn1IA "18I~"ON _dD.I.IMt'lYM_ I, ~s; i.:I. i I i! i i1ill i ~ ;il~ ;!il~ ii I~~ hi: IrS .-1 ._i' II;! !tli ~!il t'\'"'~''''';:''' Iii I ~ g!j;~'}) II. ,.,~J. ~, ,;&." ...~.:r J'I I .'...h......... 1:111, ~ II., II Ii 5110 5 t~~~ I ! Idllt'llil I 12,' .. . I I I .Iil I' '1 ,-. I!I i~'l III! I if f . · .Ii I 1 III ! ii!lll! t ; tllll I r I r- .'! I I ,II IUiU!I! I Iii Ilhrilh II!I I I I I i III(! III r '111 I i I 1111 JI.q IIi' 'ill n bin! Uhn !I!~li!!I:~lh II! I l!~l! r!'l ;!~!l IldIlIIUh;; iil~ h:i~ ;ra h:id IMI~hdl;hl IUA I I II I II II' Ic,di Iff ! islll I ',1111. II I I I'.i ~!II!I : II hfl i I ! m!!H!il!III!lm! !!~m;!!H H ~H! ~ ~ ~ ~ h! ! i!~!!h ~! mUIlI ! "1'11',"1; : : : ;: : :. :. :. 000':'. 0~:00..44::4 040": 4 6.. 8> I' ~.:.+;.;.~: ~ I' i,Q., ;; t; ii;; ~. 111"11111 ,.~ flU/'c'..' JTiiii .. \ ~\:: . II 1111 .' ~ II " m II d:~ I!;. I. 11m !I!t If lilll ; 1111 I! i~I~: I'i' ~I ;1"- lid III !.Id Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 27, 2009 SUBJECT: IHDA HOME GRANT ACCEPTANCE The Village's 2005-2009 Consolidated Plan determined that homeownership within the Village is diffi t for low- and moderate-income households. The biggest constraints for a prospective buyer are the initial down payments and fmancing of the purchase. The First Time Buyer Program is a tool to encourage low- and moderate- income residents to purchase a home and build equity. To fund this program, the Village of Mount Prospect has been awarded $21,000.00 in HOME funds from the Illinois Housing Development Authority (llIDA). The terms of assistance are similar to those adopted by the Village under Resolution 07-07, which accepted the 2007/2008 grant in April of 2007. The 2007/2008 grant assisted four low- to moderate-income households in purchasing a home within the Village of Mount Prospect. With this renewed 2009 funding, two additional low- to moderate- income households will be assisted over the next 12 months, with up to $10,000 in down payment and closing cost assistance for each applicant. Guidelines for the First Time Buyer Program will remain the same. Qualified applicants must not have owned a home in the past three years (with exceptions made for displaced homemakers), must qualify for first-mortgage financing from a local lending institution, and must be within the income limits established by the U.S. Department of Housing and Urban Development (RUD). Eligible Properties must be within the Village's corporate limits and can be single-family detached residences, condominiums or townhomes with a maximum appraised value of $259,350. The property to be purchased must pass a home inspection and if built prior to 1978, must also undergo a lead-based paint inspection. Each applicant must provide a minimum amount of $1,000 for down payment costs and up to a maximum of 20% of the purchase price for the down payment, including the Village's assistance. Participants are required to complete pre-purchase counseling to help them understand the financial implications of home ownership. The Village's down payment/closing cost assistance is in the form of a loan, forgiven at the rate of 1I60th per month, over five years. Staff is recommends approval of the attached resolution to accept the $21,000 grant from IHDA for the Village's First Time Buyer Program. Please forward this memorandum and resolution to the Village Board for their review and consideration at the May 5th meeting. Staff will be present to answer any questions related to these matters. C:\Documents and SettingslbsimmonslLocal SeltingslTemporary Internet FileslOLKllMemo Te 2009 Resolution.doc r RESOLUTION No. A RESOLUTION ACCEPTING A GRANT FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY FOR THE FIRST TIME HOME BUYERS ASSISTANCE PROGRAM WHEREAS, on September 5, 2000, the Mayor and Board of Trustees of the Village of Mount Prospect (the "Corporate Authorities") adopted Resolution No. 30-00, establishing the First Time Homebuyers Assistance Program (the "Program") in the Village of Mount Prospect (the "Village"); and WHEREAS, on April 3, 2007, the Corporate Authorities determined that it was in the best interests of the Village and first time homebuyers to continue and modify the Program through the passage of Resolution No. 08-07; and WHEREAS, the Corporate Authorities have determined that it is in the best interests of the Village to continue the Program and to enter into a Grant Agreement ("Grant Agreement") with the IlIinoi.s Housing Development Authority ("Authority"), as program administrator of the HOME Investment Partnerships Program for the State of Illinois; and WHEREAS, pursuant to the Grant Agreement, the Authority will award a grant (the "Grant") to the Village of Mount Prospect, which shall be used by the Village to identify homebuyers eligible to receive forgivable loans from the Authority and to award such loans to help finance their acquisition of first time homes, all in accordance with the terms and conditions set forth in the Grant Agreement NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWER, AS FOLLOWS: Section One: The Mayor or her designee is hereby authorized to execute and deliver, in the name of and on behalf of the Village, the Grant Agreement and any and all amendments, modifications and supplements thereto, and to execute and deliver such additional documents, instruments and certificates as may be necessary or desirable for the Village to perform its obligations under the Grant Agreement, all subject to the prior review and approval of the Village Attorney; and Section Two: The Mayor or her designee is hereby authorized and directed to take such additional actions, to make further determinations, to pay such costs, and to execute and deliver such additional instruments (including any amendments, agreements or supplements) as she deems necessary or appropriate to carry into effect this Resolution. Section Three: The acts of the Village and the Mayor, or her designee, in furtherance of the Grant Agreement, including those acts taken prior to the date hereof, be, and the same hereby are, in all respects, ratified, confirmed and approved. Section Four: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of May, 2009. Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\IHDA first time homebuyersprogrammayFINAL2009.DOC iManage:232293_1 Mount Prospect INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: VILLAGE MANAGER MICHAEL E. JANONIS ~.~,~ 5J50" FROM: ASSISTANT VILLAGE MANAGER DATE: APRIL 27,2009 SUBJECT: FARMERS' MARKET RESOLUTION The Village Board agenda for May 5,2009, includes a resolution authorizing a grant of license for the Farmers' Market on all Sundays between June 14 and October 25 from 8 a.m. to 1 p.m. All the necessary approvals have been obtained including the required insurance certificates and a lease extension with Union Pacific through 2013. Staff is requesting Village Board approval of a resolution authorizing execution of a Farmers' Market at the Metra parking Lot from June 14 - October 25. d-- ~ c::-f;j:f} David Strahl H:\VILM\Farmers Mkt\2009 Resolution VB Memo.doc c; RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE MOUNT PROSPECT LIONS CLUB TO CONDUCT A FARMERS' MARKET WHEREAS, the Village of Mount Prospect supports the annual Farmers' Market held in the commuter parking lots; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Mount Prospect Lions Club in order to conduct the annual Farmers' Market from June 14 through October 25,2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Mount Prospect Lions Club to conduct the Farmers' Market on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A". SECTION TWO: That this Resolution shall be in full force, and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of May, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\RES\F armersMarket,2009 .doc MAYOR Irvana I<. Wilks TRUSTEES Paul Wm. Hoefert Arlene A Juracek A John Korn John J. Matuszak Steven S. Polit Michael A. Zadel ~ VILLAGE MANAGER Michael E. Janonis MountPmspea VILLAGE CLERK M Lisa Angell Phone: 847/392-6000 Pax: 847/392.6022 TOD: 847/392-6064 'U1WW.morm~cf.Dr.I Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 Exhibit "A" GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the MOUNT PROSPECT LIONS CLUB (licensee) for the purpose of operating a Farmers' Market on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street/Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from June 14 through October 25, 2009. 2. Each vendor operating at the Farmers' Market shall possess a Certificate of Public Liability Insurance in an amount not less than $100,000 per occurrence and shall execute a Hold Harmless Agreement, a copy of which is attached hereto and hereby made a part of as Exhibit "B". 3. This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. The licensee must issue written rules applicable to all vendors and must certify each vendor as qualified prior to the vendor's participation in the Market. The licensee shall ensure all applicable Village food code regulations (Chapter 12 of the Mount Prospect Village Code) are followed and enforced. The licensee shall cooperate fully with duly authorized Village employees for enforcement of Village codes including but not limited to prequalification, spot inspections, etc. 5. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 6. Prior to November 30, 2009, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2009 season, along with proposed solutions, proposals for improving the Market and the outlook for the future of the Market. 7. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. Page 2/2 Farmers Market License 2009 8. The licensee/grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be transferred to any other person or entity. Dated this _ day of May, 2009. VILLAGE OF MOUNT PROSPECT By: Michael E. Janonis Village Manager APPROVED/ACCEPTED: for the Mount Prospect Lions Club MAYOR Irvana 1<. Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Korn John J. Matuszak Steven S. PoUt Michael A. Zadel ~ VILLAGE MANAGER Michael E. Janonis MountP1oe,pect VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 TOo: 847/392-6064 fl1WfD.mountp~t.o"l Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 Exhibit "B" HOLD HARMLESS WHEREAS, MOUNT PROSPECT LIONS CLUB ("GRANTEE") has requested permission of the corporate authorities of the Village of Mount Prospect, ("GRANTOR") to operate a Farmer's Market within the parking lots located on the Union Pacific Railroad property, located both east and west of Main Street/Elmhurst Road; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. on May , 2009, entitled "A Resolution Authorizing Execution of a License to the Mount Prospect Lions Club to Conduct the Annual Farmers' Market in the Village". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted-a Grant of License to GRANTEE to operate a Farmers Market within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: 1. The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his/her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Farmers' Market. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. Page 2/2 Farmers' Market Hold Harmless 2009 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: P. O. Box 332 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this day of May, 2009. MOUNT PROSPECT LIONS CLUB By: VILLAGE OF MOUNT PROSPECT, a municipal corporation By: Michael E. Janonis Village Manager ATTEST: M. Lisa Angell Village Clerk H :ICLKOIRESIF armersMarket,2009. doc MOlmt Prospect Village of Mount Prospect Mount Prospect, Illinois ~ INTEROFFICE MEMORANDUM FROM: MICHAEL E. JANONIS, VILLAGE MANAGER FINANCE DIRECTOR Bt> ~~ 5'~\~ TO: DATE: APRIL 29, 2009 SUBJECT: RESOLUTION TO INTERVENE IN PROPERTY TAX APPEAL BOARD (PTAB) APPEAL AND ESTABLISH INTERGOVERNMENTAL AGREEMENT FOR COST- SHARING PURPOSE: To presentforthe Board's consideration a resolution authorizing intervention in appeal proceedings with the State of Illinois PTAB and a resolution authorizing an intergovernmental agreement for the cost-sharing of intervention costs. BACKGROUND: The Cook County Board of Review is required to provide notice to the Village of petitions filed by taxpayers appealing assessed valuation decisions in which the change in valuation is $1 00,000 or greater. Each year the Village typically receives three to four appeal notices related to a prior tax year. When an appeal is filed and granted there is a financial impact to the Village and all the other taxing districts connected to that parcel. The refund granted by the PT AB is payable from future property tax revenues. Intervention permits any taxing body that has a revenue interest in an appeal before the PT AB to become a party to an appeal by filing a Request to Intervene. Intervention is recommended when the potential loss of revenue is at or in excess of $10,000 due to the costs associated with intervening in a PT AB appeal. Intervenors are required to file a request to intervene and their signed resolution within sixty (60) days of the date of notification from the Board of Review. DISCUSSION: The Village is beginning to notice a negative impact to its property tax receipts due to a rise in property tax appeals from residential and commercial property owners. In an effort to lessen the impact it is recommended that the Village contest appeals that have a potential for loss greater than $10,000. Beyond the initial reduction in property taxes there is an impact on future real estate assessments as well. The long-term affect by not contesting these larger claims is a lowering of the overall tax base of the Village. This is especially important in the Downtown Redevelopment TIF District where incremental tax revenues are based on assessed value. A resolution authorizing intervention in proceedings before the State of Illinois PT AB is required to be approved by the Village Board. To assist in the intervention process staff recommends the Village utilize Klein, Thorpe and Jenkins (KT&J) to provide legal services in the PTAB appeals. KT&J has within its firm a department that focuses primarily on PT AB appeals. They would be responsible for filing the request to intervene and the resolution authorizing KT&J to act on behalf of the Village in the process. KT&J would also H-I PT AS Appeal April 29, 2009 Page 2 be responsible for submitting any additional written and documentary evidence to support the Village's position. In an effort to reduce the cost of the intervention a Resolution and intergovernmental agreement is included for your review. The intergovernmental agreement with the Mount Prospect Public Library provides for cost-sharing of legal expenses related to the intervention. The Village and Library will share in the costs of intervention on a pro-rata basis in accordance with the final 2007 taxing rates. Based on this formula the Village will pay 63.08% and the Library 36.92% of all intervention costs. If may be beneficial on future appeals to establish cost-sharing agreements with the other affected taxing districts. This will lower the pro-rata share for all of the taxing districts involved and allow for more PT AB appeals to be opposed by lowering the dollar threshold for considering intervention. RECOMMENDATION: It is recommended the Village Board approve the attached resolutions authorizing intervention in the appeal proceedings with the State of Illinois PT AB and the establishment of an intergovernmental agreement with the Mount Prospect Public Library for cost-sharing of legal expenses. / ~d/" ~ .0/ David O. Erb Finance Director DOE/ 1:\Property Taxes\Appeals\2007 Levy\PTAS 2007.doc RESOLUTION NO. RESOLUTION AUTHORIZING INTERVENTION IN PROCEEDINGS BEFORE THE STATE OF ILLINOIS PROPERTY TAX APPEAL BOARD WHEREAS, Carson Pirie Scott and Company, the owner of certain parcels of real property located within the corporate boundaries of the Village of Mount Prospect, has heretofore filed an appeal and may hereafter file appeals of the assessments of certain parcels of real property with the State of Illinois Property Tax Appeal Board (the "PTAB"); and WHEREAS, these appeals seek or will seek a reduction in the assessed value of the parcels that are the subject of the appeals; and WHEREAS, in such circumstances a taxing district has the right to intervene in the proceedings before the PT AB in order to protect its revenue interest in the assessed valuation of the parcels. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The President and Board of Trustees finds that all of the recitals contained above are true and correct, and that the same are hereby incorporated herein by reference. SECTION TWO: The President and Board of Trustees hereby authorizes Klein, Thorpe and Jenkins, Ltd. as its legal representative to file a Request to Intervene in Appeal Proceedings with the PT AB, and to represent the Village's interests with respect to the appeals filed by Carson Pirie Scott & Company, and designated as PTAB Docket No. 07-29072, with respect to property located within the corporate boundaries of the Village of Mount Prospect. SECTION THREE: All motions and resolutions or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed. SECTION FOUR: If any section, paragraph, clause, or provision of this Resolution shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other sections, paragraphs, clauses, or provisions of this Resolution. SECTION 5: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 5th day of May, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE MOUNT PROSPECT PUBLIC LIBRARY WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act at ILCS 220/1 et.seq. allow and encourage intergovernmental cooperation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, the Village of Mount Prospect and the Mount Prospect Public Library agree that it would be in the best interests of the citizens to allow the Village of Mount Prospect to enter into an Intergovernmental Agreement for the cost-sharing of expenses related to the intervention of PT AB appeals. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement which is attached to this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this 5th day of May, 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk Exhibit "A" INTERGOVERNMENTAL AGREEMENT FOR THE COST-SHARING OF PT AS APPEAL INTERVENTION COSTS WHEREAS, the Village of Mount Prospect, an Illinois Municipal Corporation (the "Village") has determined it to be in the best interests of its resident taxpayers to intervene in a PT AS appeal filed by Carson Pirie Scott & Company, the taxpayer, and known as PT AS Docket Number 07-29072 (the "2007 Carson PT AS Appeal"); and WHEREAS, the Mount Prospect Public Library, an Illinois public library (the "Library"), has also determined it to be in the best interests of the Library to intervene in the 2007 Carson PT AS Appeal; and WHEREAS, the Village and the Library agree that is in the best interests of the parties to share in the costs of intervening in the 2007 Carson PT AS Appeal; and WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the "Intergovernmental Cooperation Act," 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other units of local government; and NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereto agree as follows: 1. The preambles set forth above are hereby incorporated herein by reference as if fully set forth herein. 2. The parties agree to share in the costs of intervention in the 2007 Carson PT AS Appeal on a pro-rata basis in accordance with their 2007 final taxing rates. The 2007 final tax rate of the Village was 0.750, and the 2007 final tax rate of the Library was 0.439. Thus, the Village shall pay 63.08% and the Library 36.92% of all intervention costs associated with the 2007 Carson PTAS Appeal, including, but not limited to, all attorneys' fees, appraisal fees, witness testimony fees, and all other costs associated with the intervention. 3. The parties have agreed that the law firm of Klein, Thorpe and Jenkins, Ltd. ("KT J") will represent their interests in connection with intervening in the 2007 Carson PT AS Appeal, and understand that KT J will bill its attorneys' fees to the parties in accordance with the above pro-rata cost-sharing allocation. 4. Should additional intervenors desire to join in this cost-sharing agreement, the Parties understand that the above costs of intervening in the 2007 Carson PT AS Appeal, will be allocated on a pro-rata basis of all the intervening parties' 2007 final taxing rates. " 5. This Agreement contains the entire agreement and understanding between the parties in respect of the subject matter hereof and supersedes any prior understandings and agreements between the parties regarding the subject matter of this Agreement. 6. No amendment, waiver or modification of any term or condition of this Agreement shall be binding or effective for any purpose unless expressed in writing and signed by each of the parties. 7. If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed and delivered as of this _ day of 2009. VILLAGE OF MOUNT PROSPECT: MOUNT PROSPECT PUBLIC LIBRARY: By: By: President, Board of Trustees President, Board of Library Trustees ATTEST: ATTEST: By: By: M. Lisa Angell, Village Clerk Secretary, Board of Library Trustees