Loading...
HomeMy WebLinkAboutVB Agenda Packet 12/08/2009 (special)ORDER OF BUSINESS SPECIAL VILLAGE BOARD MEETING Meeting Location: Mount Prospect Village Hall 50 S. Emerson Street Mount Prospect, Illinois 60056 I. CALL TO ORDER II. ROLL CALL Mayor Irvana K. Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Meeting Date and Time: Tuesday December 8, 2009 6:00 P.M. Trustee John Matuszak Trustee Steven Polit Trustee Michael Zadel III. PUBLIC HEARING 2nd public hearing for the establishment of a Business District at Randhurst Mall, pursuant to 65 ILCS 5/11-743-5. This public hearing, called pursuant to proper legal notice having been published in the Daily Herald on November 28, 2009. 1. 1St reading of AN ORDINANCE DESIGNATING MOUNT PROSPECT BUSINESS (Exhibit A) DISTRICT NO. 1 [RANDHURST BUSINESS DISTRICT] (Southeast Corner of Euclid Avenue and Route 83 on the Randhurst Mall Property) 2. 1Streading of AN ORDINANCE ESTABLISHING A BUSINESS DISTRICT NO. 1 (Exhibit B) BUSINESS DISTRICT MUNICIPAL RETAILERS' OCCUPATION TAX. 3. 1Streading of AN ORDINANCE AMENDING APPENDIX A, DIVISION II OF (Exhibit C) THE VILLAGE CODE OF MOUNT PROSPECT 4. 1Streading of AN ORDINANCE AMENDING CHAPTER 8 ENTITLED "VILLAGE (Exhibit D) GOVERNMENT MISCELLANEOUS PROVISIONS" OF THE MOUNT PROSPECT VILLAGE CODE IN REGARD TO A MOVIE THEATER TAX. IV. ADJOURNMENT THE COMMITTEE OF THE WHOLE MEETING OF DECEMBER 8, 2009 TO CONVENVE FOLLOWING ADJOURNMENT OF THE SPECIAL MEETING. ANY INDIVIDUAL WITH A DISABILITY WHO WOULD LIKE TO ATTEND THIS MEETING SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT 50 SOUTH EMERSON STREET, 847/392-6000, TDD 847/392-6064. Notice Of Public Hearing NOTICE OF PUBLIC HEARING FOR CREATION OF BUSINESS DISTRICT AT RANDHURST MALL, MOUNT PROSPECT, ILLINOIS The Village of Mount Prospect shall conduct a second public hearing at the Mount Pros- pect Village Hall, Village Board Room, 50 S. Emerson Street, Mount Prospect on Tuesday, December 8, 2009 at The hour of 6:00 p.m. for the establishment of a Business District, Pur- suant to 65 ILCS 5/11-743-5. The Business District shall be established for an area within the Village of Mount Prospect, legally described as: PARCEL A: LOTS 1, 2, AND 3 (EXCEPTING FROM SAID LOT ONE THAT PARTTHEREOF TAKEN BY TRANORTATION STATE' IN CASE NO. 871_51078 AND ARLSO TMENT EXCEOPTING FROM SAID LOT ONEOTHAT PART THEREOF CONVEYED TO THE T OF TRANSPORTATION PURSOUANT PLE OF THAT CERTAIN ILLINOIS MENLA M DEED RECORDED SEPTEMBER 29, 1995 AS DOCUMENT NO. 95664230) IN RANDHURST CENTER RESUBDIVISION - NO 1, BEING A RESUBDIVISION OF LOT ONE IN RANDHURST CENTER, BEING A SUBDIVISION OF PART OF THE SOUTHEAST V, OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDAN, IN CK T OF SAID RANDHIURST CENOTOER ROESU DIVISIONN ILLINOIS, I RECORDED JULY 24,A1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS AS DOCU- I MENT NO. 87408581 AND REGISTERED IN THE OFFICE OF THE REGISTRAR OF TI- TLES OF SAID COUNTY AS DOCUMENT NO. LR3637429. PARCEL B: THE NORTH 70 FEET OF THE WEST 70 FEET OF THE SOUTH 120 FEET OF THE EAST 1„ OF THE SOUTHEAST 'k OF SECTION 27, TOWNSHIP 42 NORTH,', RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLI- NOIS EXCEPTING FROM SAID PARCELSAAND B THE FOLLOWING PARCEL: A PART OF LOT 1 IN RANDHURST CENTER RESUBDIVISION - NO.1, BEING A RE- SUBD PARTIOF THE OVISION OF UOTHEA T ONE TIN ORAFNSDECT HURST ON 27,, TOWN HIP 42 NORTHBEING A i RISION ANG EOII EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RANDHURST CENTER RESUBDIVISION NO 1 RECORDED JULY 24, 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS AS DOCU- MENT NO. 87408581 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 50 MINUTES 20 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 0 DDS( EAST, A DISTANCEEOF 170 FECET TO AHPOIDNTGON THE S 00 NORTHELINE OF ENT NUMBER 95664230, SAID POINTKENSNGTON BEING THE POINT OF AS IBEGINDNINGROFFOTHEMTRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DIS- TANCE OF 292.28 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS SOUTHWEST- ERLYWEST, AALONGANCE ACURVED LINE CONVOF 150.75 FEETOEX OITHE NORTHWEST, HAVING A RADIUS OF 28.0 FEET, AN ARC LENGTH OF 43.98 FEET, A CHORD BEARING SOUTH 45 DE- GREES 00 MINUTES 00 SECONDS WEST 39.60 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 263.78 FEET TO A POINT ON SAID NORTH LINE OF KENSINGTON AVENUE ASWID ENED, SAID POINT BEING ON A LINE 17.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 1; THENCE SOUTH 89 DEGREES 50 MINUTES 20' WID- ENED,SECONDASD( DISTANCE OF 178.75 EAST, ALONG IFEOET TO TTH HE KENSINGTONNE OF HE POI T OF BEGINNING, CONTAINING 1.19 ACRES, MORE OR LESS. ALSO EXCEPTING FROM SAID PARCELS A AND B THE FOLLOWING PARCEL: A PART ING A RE- SUBDIVIISSIONOT I IN OF LOT ONE INRST RA DHUR CENTER CENTER, BEING ARESUBDIVISION - OSUBDIV SUBDIVISION OF PART OF THE SOUTHEAST Un OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRSAID RANDHURST CENTER RIE UBDV^ISIONDI NO. IER,A RCECORDED RDING•JU YE24`987PAT•IN THE OFFICE OF THE RECORDER OF T NO. 874 85811 MORE PARTICULARLY COUNTY, LARLY DESCRIBEDST FOLLOWS: AS DOCU- MENT AT THE MOST WESTERLY SOUTHWEST CORNER OF ORIGINAL LOT 1 AFORESAID: THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ONGTHE WESTERLY E S 0 0 MINUTES SECONDS NE OF • ONDS EAST, 8876 LOT F 360.59 FEET; THENCE NORTH90DE- GREETTOTHE POINTOF BEGINNING OF (39DESCRIPTION; SFEET; 4DEGREES TTHENCE NORTHHERLYAND NORTHEASTERLY,52SECONDS 25 WEST,92 FEET ALONG AN ARC TO THE R GHT, HAVING A 19.50 FEET, BY A LONG CHORD HAVING A BEARING OFRADIUS NORTH•29 DEGREES 125UBTENDED MIINUTES 8 SECOFEETNALONG ANND A LEN GTH ARC TO THE LEFT,40 FEET; THENCE NORTHEASTERLY, HAV NG A RAD US OF25 1 FEET, SUB- TENDED BY A LONG CHORD HAVING A BEARING OF NORTH 59 DEGREES49MIN- UTES 45 SECONDS EAST AND A LENGTH OF 30.21 FEET; THENCE NORTH 56 DE-' GREES 27 MINUTES 15 SECONDS EAST, 42.41 FEET; THENCE NORTHEASTERLY, 37.52 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 294.91 FEET, SUB- TENDED BY A LONG CHORD HAVING A BEARING OF NORTH 43 DEGREES06MIN- UTES 11 SECONDS EAST AND A LENGTH OF 37.50 FEET; THENCE NORTH 34 DE - 5445 FEET EES 51 (NUTES 03 ALONG ANARCTO THES LEFT, HAVING AENCE RADIUSOOF 422.95 TFEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 15 DEGREES 01 NORTH- ERLYMINUTES SECONDS EAST AND A LENGTH OF AND3NORTHEASTERLY, 3 81 FEET ALONG AIN 53.59 ARC TO THE RIGHT, HAV NG A RADIUS OF 26.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 41 DEGREES 06 MINUTES 54 SECONDS EAST AND A LENGTH OF 31.56 FEET; THENCE NORTH 77 DEGREES 39 MINUTES 56 SECONDS EAST, 352.49 FEET; THENCE EASTERLY AND SOUTHEASTERLY, 12.40 FEET ALONG AN ARC TO THE RIGHT, OI0150 FEET, U• 54 ECON S EAY A LONG ST RD HAV' NG ABEARING OSOUTH 71DEGREES 6MINUTESST AND A LENGTH OF 11.81 FEET; THENCE SOUTHEASTERLY, 20.84 FEET ALONG AN ARC TOTHE LEFT, HWNGA RADIUS OF.50 FEET, UBTENDED BYALONGCHORD HAVING A BEARING OF SOUTH 50 DEGIREES 16 MINUTES 17 SECONDS EAST AND A LENGTSECONDS EAST, 51.510 FEET; THENCE SOUTHEASTERLY, 49.87 FEET ALONG AN A20.74 FEET; THENCE SOUTH 59 DEGREES 58 MINUTES1RC TO THE LEFT, HAV I NG A RADIUS OF 67.50 FEET, SUBTENDED BY ALONG CHORD HAVING A BEARING OF SOUTH 81 DEGREES 07 MINUTES 54 SECONDS EAST AND A LENGTH OF 48.74 FEET; THENCE NORTH 77 DEGREES 42 MINUTES 13 SECONDS EAST, 77.05 FEET; THENCE NORTH 29 DEGREES 58 MINUTES 39 SECONDS EAST, 0.58 FEET; THENCE SOUTH 60 DEGREES of MINUTES 21 SECONDS EAST, 28.46 FEET; THENCE NORTH 29 DEGREES 58 MINUTES 39 SECONDS EAST, 300.44 FEET; THENCE SOUTH 60 DEGREES 01 MINUTES 21 SECONDS EAST, 80.14 FEET; THENCE NORTH 29 DEGREES 58 MINUTES 44 SECONDS EAST, 157.32 FEET; THENCE SOUTH 60 GRES00 MINUTESFEET ALONG( AN ARC TSECON•O THE RIGHT, HAVING AE NCE SOUTHEAST ERLY57RADIUS OF 1467.70 FEET GREES6 MINUS SUBTENDED 20 SECONDS EAST CHORDHAVING(LENGTH OF 151.50 FEET OF TTHENCE SOUTH 29 DEGREES 58 MINUTES 49 SECONDS WEST, 587.41 FEET; THE59 DEGREES 59 MINUTES 56 SECONDS EST, 150.73 NORTH THENCE ! GREES 01 MINUTES 59 SECONDS WEST, 15661 FEET; HENCE SOUTH OUDEGREE UOTESN 34TES 00 SECONDSONDS EAST,J21401148.32 FEET;THEN ENCE SOUTOUTH 00 HWESTERLY, E0O MINS 14.17FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 9.00 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 45 DEGREES 05 MINUTES 31 SEC- ONDS WEST AND A LENGTH OF 12.75 FEET; THENCE NORTH 89 DEGREES48 MIN- UTES 24 SECONDS WEST, 260.82 FEET; THENCE SOUTH 89 DEGREES 03 MINUTE38 SECONDS58 S ONDS WEST,N145. 2 FEET' THENCE83.27 FET;NCE WESTOERLYB 33..'6GREES FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 61.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 74 DEGREES 28 MINUTES 47 SECONDS WEST AND A LENGTH OF 32.85 FEET; THENCE NORTH 58 DEGREES 59 MINUTES 15 SECONDS AEST 'ONGAN 29FEET: THENCE ARC TO THE RIGHT, HAVING SA RADNORTHWESTERLY, OF AND 108.50 8NORTHERLY,0 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 31 DEGREES 11 MINUTES 12 SECONDS `NEST AND A LENGTH OF 101.21 FEET; THENCE NORTHERLY, 31.26 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 114.20 FEET, SUB- TENDED BY A LONG CHORD HAVING A BEARING OF NORTH 11 DEGREES 13 MIN- UTES 39 SECONDS WEST AND A LENGTH OF 31.16 FEET; THENCE NORTH 06 DE- GREES 34 MINUTES 06 SECONDS WEST, 11 08 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 22 SECONDS WEST, 61.21 FEET TO THE POINT OF BEGINNING, CON- TAINING 13.12 ACRES, MORE OR LESS. and generally located on the property known as the Randhurst Shopping Mall at The south- east corner of Illinois Route 83 and Euclid Avenue. The proposed Business District legislation shall include, among other things, an addi- tional Soles Tax of one-quarter of one percent (.259-�), an increase of the Hotel Tax (to be imposed throughout the Village) of six percent (611-0) and an Amusement Tax of twenty five 25 cents ($0.25) per ticket on all entertainment events within the Business District. The proposed Business District legislation shall also pledge up to $25,000,000 of the reve- nue raised from certain taxes within the District as detailed in the Redevelopment Agree- ment between the Village of Mount Prospect and Randhurst Shopping Center LLC. All of those in attendance will have an opportunity to speak an the issue of thecreation of the Business District A copy of the proposed Ordinance creating the District shall be available from the Village Clerk at the Village Hall, 50 S. Emerson Street, Mount Pros- pect, Illinois Published in the Daily Herald November2009 (4189615)s) N -f- Village of Mount Prospect MwntPr..pc Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER0115 _90W tty FROM: DIRECTOR OF COMMUNITY DEVELOPMENT 1 DATE: NOVEMBER 23, 2009 t SUBJECT: RANDHURST VILLAGE — BUSINESS IMPROVEMENT DISTRIC As part of the approval of the Randhurst Village Redevelopment Agreement on August 19, 2008,he Village Board agreed to establish a Business Improvement District (BID) to fund a portion of the $ 50 million project. The BID is an economic development tool that enables the Village to initiate a sales tax that is specific to the Randhurst Village property that can be used to improve the property. These funds can be utilized to cover expenses related to the demolition of existing structures and construction of the project. Prior to adopting the BID ordinances, the Village must hold two public hearings to provide interested parties the opportunity to speak on this matter. The Village initiated discussions with Casto regarding the proposed public/private partnership in 2007. While the Village was encouraged by the redevelopment proposal, a key premise to considering any public assistance for this project was that we must protect the sales tax revenue that currently is generated by the property ($3.65 million in FY 2007). Therefore any public assistance would have to be generated by new revenue produced by the redevelopment project. The BID sales tax is one of several revenue sources that the Village pledged towards this project. The attached term sheet provides greater detail of the proposed public financial participation. In summary, the term sheet commits the Village to provide $25 million towards this project with funds that are generated by the redevelopment. The funds would be pledged in non-recourse revenue bonds that would be backed by the following five revenue sources: 1. A quarter percent Business District Retailer's Occupation Tax (new tax on Randhurst only); 2. Incremental Local Distributive share of the sales taxes over $236.5 million (2007 base sales); 3. Hotel Tax (increase current rate Village -wide from 3% to 6%); 4. A 25 cent Amusement Tax on the sale of movie tickets (new Village -wide tax); 5. Food and Beverage Tax. It is important to note that the proposed $25 million in revenues would only be paid if the above sources generate this amount. The Village is not obliged to pay any monies from existing revenue sources or from any future sources if the above taxes do not generate their projected amounts. In addition, the Village will continue to receive the current amount of sales taxes generated by the property ($3.65 million) plus approximately $1 million annually in new home rule sales taxes. After the revenue bonds are paid off, the Village will receive all revenues generated by Randhurst Village. Please forward this memorandum and attachments to the Village Board for their review and consideration at the December 1s` meeting. Staff will present at that meeting to discuss this matter further. � REVISED DECEMBER 3, 2009 ORDINANCE NO. AN ORDINANCE DESIGNATING MOUNT PROSPECT BUSINESS DISTRICT NO. 1 [RANDHURST BUSINESS DISTRICT] (Southeast Corner of Euclid Avenue and Route 83 on the Randhurst Mall Property) 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, as follows: SECTION 1: The President and Board of Trustees find as follows: A. On , 2009, a public hearing was held by the President and Board of Trustees relative to the designation of Mount Prospect Business District No. 1; B. Notice of the public hearing was published in the , on , 20 and , 20_ (a copy of the Publisher's Certificate in regard to the publications is attached as Exhibit "A"). C. At the public hearing, Village Staff and a representative of Michael Laube made presentations in regard to the proposed Redevelopment Plan for Mount Prospect Business District No. 1; a "blighted area" designation, pursuant to 65 ILCS 5/11-74.3-5, for Mount Prospect Business District No. 1; and proposed redevelopment within Mount Prospect Business District No. 1; D. At the public hearing, all members of the public who desired to speak relative to the designation of proposed Mount Prospect Business District No. 1, the "blighted area" designation, or the proposed Redevelopment Plan, were given an opportunity to speak; E. The area legally described below is an area in need of commercial redevelopment so as to maintain and revitalize stable commercial growth within the Village in accordance with the Mount Prospect Village Code; F. For the reasons as more specifically set forth in the Redevelopment Plan, entitled "Village of Mount Prospect Randhurst Business District No. 1 Plan" and prepared by Michael Laube, attached as Exhibit "B", the area legally described below: (1) is a "blighted area," as defined in 65 ILCS 5/11-74.3-5, by reason of the predominance of defective or inadequate street layout, unsafe conditions and deterioration of site improvements; (2) constitutes an economic liability to the Village in its present condition and use; and (3) on the whole has not been subject to growth and development by private enterprises and would not reasonably be anticipated to be developed or redeveloped without the Village of Mount Prospect Business District No. 1 241472_1 k o Plan set forth in Exhibit "C, which is hereby adopted as though fully set forth." G. In light of Subsection (F) above, the Village should impose a Business District Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property at retail within Mount Prospect Business District No. 1 at the rate of one quarter percent (0.25%) of the gross receipts of sales made in the course of business, pursuant to and in accordance with 65 ILCS 5/11-74.3-6; and H. In light of Subsection (F) above, the Village should impose a Business District Service Occupation Tax upon all persons engaged in the business of making sales of service within Mount Prospect Business District No. 1 who, as an incident to making those sales of service, transfer tangible personal property within Mount Prospect Business District No. 1, either in the form of tangible personal property or real estate, as an incident to a sale of service, at the rate of one quarter percent (0.25%) of the selling price of such personal property so transferred, pursuant to and in accordance with 65 ILCS 5/11-74.3-6. I. In light of Subsection (F) above, the Village shall impose an Amusement Tax on the sale of tickets to an entertainment event, including the sale of movie theater tickets, in the amount of twenty five cents ($0.25) per ticket throughout the Village of Mount Prospect. For purposes of this Business District, the sale of the tickets will be deemed to have taken place at the venue at which the tickets are actually used. J. In light of Subsection (F) above, the Village shall amend Article XIII of Chapter 8 of the Village Code to increase its Hotel Tax so that it is equal to six (6%) percent of the gross receipts for the rental of hotel or motel rooms throughout the Village of Mount Prospect. SECTION 2: That pursuant to 11-74.3-1 et seq. of the Illinois Municipal Code, the following legally described area is designated as Mount Prospect Business District No. 1: 100 ACRE MALL PARCEL LESS COSTCO AND COSTCO GAS PARCELS PARCEL A: LOTS 1, 2, AND 3 (EXCEPTING FROM SAID LOT ONE THAT PART THEREOF TAKEN BY DEPARTMENT OF TRANSPORTATION STATE OF ILLINOIS IN CASE NO. 87L51078 AND ALSO EXCEPTING FROM SAID LOT ONE THAT PART THEREOF CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION PURSUANT TO THAT CERTAIN QUIT CLAIM DEED RECORDED SEPTEMBER 29, 1995 AS DOCUMENT NO. 95664230) IN RANDHURST CENTER RESUBDIVISION - NO. 1, BEING A RESUBDIVISION OF LOT ONE IN RANDHURST CENTER, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SAID RANDHURST CENTER RESUBDIVISION - NO. 1 RECORDED JULY 24, 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS AS DOCUMENT NO. 87408581 AND REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF SAID COUNTY AS DOCUMENT NO. LR3637429. PARCEL B: THE NORTH 70 FEET OF THE WEST 70 FEET OF THE SOUTH 120 FEET OF THE EAST %2 OF THE SOUTHEAST'/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS 241472_1 EXCEPTING FROM SAID PARCELS A AND B THE FOLLOWING PARCEL: A PART OF LOT 1 IN RANDHURST CENTER RESUBDIVISION - NO. 1, BEING A RESUBDIVISION OF LOT ONE IN RANDHURST CENTER, BEING A SUBDIVISION OF PART OF THE SOUTHEAST/40F SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RANDHURST CENTER RESUBDIVISION - NO. 1 RECORDED JULY 24, 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS AS DOCUMENT NO. 87408581 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 50 MINUTES 20 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 869.28 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 17.0 FEET TO A POINT ON THE NORTH LINE OF KENSINGTON AVENUE AS WIDENED PER DOCUMENT NUMBER 95664230, SAID POINT BEING THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 292.28 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 150.75 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG A CURVED LINE CONVEX TO THE NORTHWEST, HAVING A RADIUS OF 28.0 FEET, AN ARC LENGTH OF 43.98 FEET, A CHORD BEARING SOUTH 45 DEGREES 00 MINUTES 00 SECONDS WEST 39.60 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 263.78 FEET TO A POINT ON SAID NORTH LINE OF KENSINGTON AVENUE AS WIDENED, SAID POINT BEING ON A LINE 17.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 1; THENCE SOUTH 89 DEGREES 50 MINUTES 20 SECONDS EAST, ALONG SAID NORTH LINE OF KENSINGTON AVENUE AS WIDENED, A DISTANCE OF 178.75 FEET TO THE POINT OF BEGINNING, CONTAINING 1.19 ACRES, MORE OR LESS. ALSO EXCEPTING FROM SAID PARCELS A AND B THE FOLLOWING PARCEL: A PART OF LOT 1 IN RANDHURST CENTER RESUBDIVISION - NO. 1, BEING A RESUBDIVISION OF LOT ONE IN RANDHURST CENTER, BEING A SUBDIVISION OF PART OF THE SOUTHEAST''/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE TURD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RANDHURST CENTER RESUBDIVISION - NO. 1 RECORDED JULY 24, 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF COOK COUNTY, ILLINOIS AS DOCUMENT NO. 87408581 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF ORIGINAL LOT 1 AFORESAID; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LOT 1, 360.59 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 188.76 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 04 DEGREES 04 MINUTES 56 SECONDS WEST, 39.92 FEET; THENCE NORTHERLY AND NORTHEASTERLY, 22.66 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 19.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 29 DEGREES 12 MINUTES 18 SECONDS EAST AND A LENGTH OF 21.40 FEET; THENCE NORTHEASTERLY, 30.22 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 325.11 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 59 DEGREES 49 MINUTES 45 SECONDS EAST AND A LENGTH OF 30.21 FEET; THENCE NORTH 56 DEGREES 27 MINUTES 15 SECONDS EAST, 42.41 FEET; THENCE NORTHEASTERLY, 37.52 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 294.91 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 43 DEGREES 06 MINUTES 11 SECONDS EAST AND 241472_1 A LENGTH OF 37.50 FEET; THENCE NORTH 34 DEGREES 51 MINUTES 03 SECONDS EAST, 72.03 FEET; THENCE NORTHEASTERLY, 154.45 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 422.95 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 15 DEGREES 01 MINUTES 34 SECONDS EAST AND A LENGTH OF 153.59 FEET; THENCE NORTHERLY AND NORTHEASTERLY, 33.81 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 26.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 41 DEGREES 06 MINUTES 54 SECONDS EAST AND A LENGTH OF 31.56 FEET; THENCE NORTH 77 DEGREES 39 MINUTES 56 SECONDS EAST, 352.49 FEET; THENCE EASTERLY AND SOUTHEASTERLY, 12.40 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 11.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 71 DEGREES 26 MINUTES 54 SECONDS EAST AND A LENGTH OF 11.81 FEET; THENCE SOUTHEASTERLY, 20.84 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 61.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 50 DEGREES 16 MINUTES 17 SECONDS EAST AND A LENGTH OF 20.74 FEET; THENCE SOUTH 59 DEGREES 58 MINUTES 01 SECONDS EAST, 51.51 FEET; THENCE SOUTHEASTERLY, 49.87 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 67.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 81 DEGREES 07 MINUTES 54 SECONDS EAST AND A LENGTH OF 48.74 FEET; THENCE NORTH 77 DEGREES 42 MINUTES 13 SECONDS EAST, 77.05 FEET; THENCE NORTH 29 DEGREES 58 MINUTES 39 SECONDS EAST, 0.58 FEET; THENCE SOUTH 60 DEGREES 01 MINUTES 21 SECONDS EAST, 28.46 FEET; THENCE NORTH 29 DEGREES 58 MINUTES 39 SECONDS EAST, 300.44 FEET; THENCE SOUTH 60 DEGREES 01 MINUTES 21 SECONDS EAST, 80.14 FEET; THENCE NORTH 29 DEGREES 58 MINUTES 44 SECONDS EAST, 157.32 FEET; THENCE SOUTH 60 DEGREES 00 MINUTES 13 SECONDS EAST, 110.06 FEET; THENCE SOUTHEASTERLY, 151.57 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 1467.70 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 46 DEGREES 46 MINUTES 20 SECONDS EAST AND A LENGTH OF 151.50 FEET; THENCE SOUTH 29 DEGREES 58 MINUTES 49 SECONDS WEST, 587.41 FEET; THENCE NORTH 59 DEGREES 59 MINUTES 56 SECONDS WEST, 150.73 FEET; THENCE SOUTH 30 DEGREES 01 MINUTES 59 SECONDS WEST, 156.61 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 148.32 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 34 SECONDS EAST, 214.01 FEET; THENCE SOUTHWESTERLY, 14.17 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 9.00 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF SOUTH 45 DEGREES 05 MINUTES 31 SECONDS WEST AND A LENGTH OF 12.75 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 24 SECONDS WEST, 260.82 FEET; THENCE SOUTH 89 DEGREES 03 MINUTES 38 SECONDS WEST, 83.27 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 19 SECONDS WEST, 145.72 FEET; THENCE WESTERLY, 33.26 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 61.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 74 DEGREES 28 MINUTES 47 SECONDS WEST AND A LENGTH OF 32.85 FEET; THENCE NORTH 58 DEGREES 59 MINUTES 15 SECONDS WEST, 25.69 FEET; THENCE NORTHWESTERLY AND NORTHERLY, 105.29 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 108.50 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 31 DEGREES 11 MINUTES 12 SECONDS WEST AND A LENGTH OF 101.21 FEET; THENCE NORTHERLY, 31.26 FEET ALONG AN ARC TO THE LEFT, HAVING A RADIUS OF 114.20 FEET, SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 11 DEGREES 13 MINUTES 39 SECONDS WEST AND A LENGTH OF 31.16 FEET; THENCE NORTH 06 DEGREES 34 MINUTES 06 SECONDS WEST, 11.08 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 22 SECONDS WEST, 61.21 FEET TO THE POINT OF BEGINNING, CONTAINING 13.12 ACRES, MORE OR LESS. 241472_1 the property being more fully depicted on Exhibit "C" commonly known as the Southeast Corner of Euclid Avenue and Route 83 on the Randhurst Mall Property. SECTION 3: That Village Staff is directed to prepare an Ordinance imposing the taxes as set forth in Sections (G) and (H) above. SECTION 4: In promoting the commercial development/redevelopment within Mount Prospect Business District No. 1, the President and Board of Trustees may exercise those powers as set forth in Section 11-74.3-3 of the Illinois Municipal Code. SECTION 5: This Ordinance shall be in full force and effect from and after its adoption and approval as provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of , 2009. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village ClerkH:\CLKO\WIN\ORDINANCE2\BlDdesignatingordinancefinaldec32009.doc 241472_1 REVISED DECEMBER 3, 2009 ORDINANCE NO. AN ORDINANCE ESTABLISHING A BUSINESS DISTRICT NO. 1 BUSINESS DISTRICT MUNICIPAL RETAILERS' OCCUPATION TAX WHEREAS, the Village of Mount Prospect has approved a Redevelopment Agreement for redevelopment of the property commonly known as the Randhurst Shopping Mall; and WHEREAS, the Agreement calls for the establishment of 0.25% Retailer's Occupation Tax to be imposed and collected within the Business District that is in addition to all other taxes collected within the District; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to impose such tax. 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, as follows: SECTION 1: A new Article XXIV entitled "Business District Municipal Retailer's Occupation Tax" shall be added to Chapter 8 entitled "Village Government Miscellaneous Provisions" to the Village of Mount Prospect Village Code and shall read as follows: ARTICLE XXIV BUSINESS DISTRICT MUNICIPAL RETAILERS' OCCUPATION TAX 8.2401 PURPOSE: A Business District Municipal Retailers' Occupation Tax is hereby established for the purpose of planning, execution and implementation of business district plans and to pay for business district project costs in Business District No. 1 in the Village of Mount Prospect. (Ord. 4275, 2-19-1991, eff. 9-1-1991: amd. Ord. 4613,1-18-1994). 8.2402 IMPOSITION OF TAX: A. Tangible Personal Property. Effective as of the date of the establishment of Business District No. 1, a Business District Retailers' Occupation Tax is imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of the State of Illinois' government, 243860_1 at retail in the Village at the rate set forth in Appendix A, Division II of this Code, on the gross receipts from such sales made in the course of such business. (Ord. 4275, 2-19-1991, eff. 9-1- 1991: amd. Ord. 4613, 1-18-1994: Ord. 5189, 5-15-2001. B. Tangible Personal Property in Connection with the Sale of a Service. Effective as of the date of the establishment of Business District No. 1, a Business District Service Occupation Tax is imposed upon all persons engaged in the business of making sales of service within Mount Prospect Business District No. 1 who, as an incident to making those sales of service, transfer tangible personal property within Mount Prospect Business District No. 1, at the rate set forth in Appendix A, Division II of this Code. This tax shall apply only to the tangible property that is transferred as an incident of the service. 8.2403 COLLECTION OF TAX: The taxes that are the subject of this Article, and all civil penalties that may be assessed pursuant to Article XX of this Chapter, shall be collected by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this Article. (Ord. 5156-A, 12-19-2000). SECTION 2: Section 8.2402 entitled "Imposition of Tax" of Chapter 8 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be amended as follows: Sec. 8.2402 IMPOSITION OF TAX: A. 0.25% on the gross receipts from sales SECTION 3: This Ordinance shall be in full force and effect from and after its adoption and approval as provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of , 2009. Irvana Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\BlDtaxfinaldec2OO9.doc 243860_1 ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A, DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT 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: Section 8.1302 of Chapter 8 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be amended as follows: Sec. 8.1302 Hotel/Motel Use 6% of gross rental receipts from rental, Tax leasing or letting SECTION TWO: That 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: NAYS: ABSENT: PASSED and APPROVED this ATTEST: M. Lisa Angell Village Clerk day of , 2009. Irvana K. Wilks Mayor H:\CLKO\WIN\ORDINANCE2\CHAPTER8MPHotel Accommodations TaxDEC2009.doc REVISED DECEMBER 3, 2009 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 ENTITLED "VILLAGE GOVERNEMNT MISCELLANEOUS PROVISIONS" OF THE MOUNT PROSPECT VILLAGE CODE IN REGARD TO A MOVIE THEATER TAX WHEREAS, Chapters 5/11-42-2 and 5/11-42-5 of the Illinois Municipal Code, 65 ILCS 5/11-42-2 and 5/11-42-5, authorize the corporate authorities of a municipality to license, tax and regulate all places for amusement, as well as theatricals and other exhibitions, shows and amusements, including, but not limited to, pinball, bowling and billiards, within the municipality ("Amusements"); and WHEREAS, the corporate authorities of the Village of Mount Prospect find that it is in the Village's best interests to levy a twenty five cents ($.025) tax on each individual admission to movie theaters located within the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule powers, as follows: SECTION 1: A new Article XXIII entitled "Movie Theater Tax" shall be added to Chapter 8 entitled "Village Government Miscellaneous Provisions" of the Mount Prospect Village Code, which shall read in its entirety as follows: ARTICLE XXIII MOVIE THEATER TAX 8.2301 Movie Theater Tax (A) Definitions: For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "Gross Receipts" means all fees or charges received or collected in the form of admission fees or other charges for admission regardless of whether such fees or charges are characterized as admission fees, membership fees, use charges or service charges, exclusive of any tax imposed by the United States 243854_1 government, the State of Illinois, the Village or any other governmental unit, provided, however: (1) Where a fee or charge is comprised of identifiable components, packages or tiers, this tax shall be imposed on any such components, packages or tiers which provide solely for admission to the movie theater; and (2) Where a single fee or charge for admission to any movie theater also entitles the patron to the incidental use of parking, restaurant, bar or refreshment, this tax shall be imposed on such fee or charge. "Movie Theater" means and includes any motion picture showing to which the general public is invited and for which admission is charged. "Owner" means any person having an ownership interest in or conducting the operation of a movie theater. (B) Tax Imposed: (1) A tax is hereby imposed upon all persons operating a movie theater within the corporate limits of the Village, in an amount equal to twenty five cents ($.025) per individual admission. This tax shall be in addition to all other taxes imposed by law. (2) Any person subject to the movie theater tax may separately itemize and charge the tax directly to patrons in addition to any admission fee or other charge. In the event the tax imposed by this Article is not shown or collected as a separate charge, then all admission fees and other charges shall be deemed subject to the movie theater tax. (C) Books and Records; Inspection; Contents: The Village Manager or Village Finance Director or any person designated by either of them as their respective deputy or representative, may enter the premises of any movie theater for inspection, examination, copying and auditing of books and records. This shall include, but not be limited to, the Illinois Retailers' Occupation Tax and Illinois Service Occupation Tax returns filed with the Illinois Department of Revenue. It shall be unlawful for any person to prevent, hinder or interfere with the Village Manager or the Finance Director or their duly designated deputies or representatives in the discharge of their respective duties in the performance of this subsection. It shall be the duty of every owner of a movie theater to keep accurate and complete books and records to which the Village shall at all times have full access. Such records shall include a daily sheet showing the 243854 1 amount of gross receipts received during any calendar day. (D) Transmittal of Tax Revenue by Owner; Delinquency: (1) The owner or owners of each movie theater shall file tax returns showing the gross receipts received during each calendar month period upon forms prescribed by the Finance Director. Returns for each calendar month shall be due on or before the 20th day of the next calendar month, (e.g. the return for January shall be due on or before the 20th day of February; the return for February shall be due on or before the 2e day of March; etc.). Notwithstanding the foregoing, in the event that the owner of the movie theater files Illinois Retailers' Occupation Tax and Illinois Service Occupation Tax returns with the Illinois Department of Revenue at intervals which are greater than monthly, that owner shall be allowed to file tax returns relative to the tax imposed by this Article XXIII with the Village at the same intervals. At the time of the filing of the tax returns, the owner shall pay to the Village all taxes due for the period to which the tax return applies. (2) If, for any reason, any tax due pursuant to this Article is not paid when due, penalties and interest shall be imposed in accordance with the provisions of Appendix A, Division II of this Code. (3) Owners filing tax returns pursuant to this subsection shall, at the time of filing such return, pay to the Village the amount of the tax imposed by this Article, less a commission of one percent (1%) of the amount of the tax, which is allowed to reimburse the owners for the expenses incurred in keeping records, billing, preparing and filing returns, remitting the tax and supplying data to the Village upon request. No such commission may be claimed by an owner for taxes not timely remitted to the Village. (E) Transmittal of Excess Tax Collections: If any person collects an amount upon a transaction not subject to this tax, but which amount is purported to be the collection of the tax, or if a person collects an amount upon a transaction greater than the amount of this tax and does not for any reason return the same to the person who paid the same before filing the return for the period in which such occurred, that person shall account for and pay over those amounts to the Village along with the tax properly collected. (F) Registration: Every owner maintaining a movie theater shall register with the 243854 1 Finance Department prior to the admission of any patron. (G) Exemptions: The provisions of this Article shall not apply to: (1) Any movie theater sponsored or conducted by, and the proceeds of which inure exclusively and solely to the benefit of, any bona fide religious, charitable, or not-for- profit person or organization. Provided, however, that such person or organization has received an exemption from the State of Illinois and the United States Internal Revenue Service exempting the person or organization from the payment of state and federal income taxes. (2) The movie theater is operated or conducted by a municipality, park district, school district, or any other unit of local government, whether individually or jointly. (H) Collection: Whenever any person shall fail to pay the tax imposed by this Article, the Village Attorney or Village Prosecutor shall, upon request of the Village Manager, bring or cause to be brought an action to enforce the payment of said tax on behalf of the Village in any court of competent jurisdiction. (1) Penalties: (1) Any person found guilty of violating, disobeying, omitting, neglecting, or refusing to comply with or unlawfully resisting or opposing the enforcement of any of the provisions of this Article shall be punished by a fine as set forth in Appendix A, Division III of this Code. (2) Each day upon which a person shall continue any violation of this Article, or permit any such violation to exist after notification thereof, shall constitute a separate and distinct offense. (3) Any person subjected to the penalties provided for by this subsection shall not be discharged or released from the payment of any tax due. (J) Separability: If any subsection, sentence, clause, or phrase of this Article, or the application thereof to any person or circumstance, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Article, or the application of such portion to other persons or circumstances. 243854_1 0 (K) Effective Date. This ordinance shall take effect on May 1, 2011 and upon its passage, approval and publication in pamphlet form as provided by law. SECTION 2: Appendix A, Division III entitled "Penalties and Fines" of the Village of Mount Prospect Village Code shall be amended by adding a new Section 8.2301 to Chapter 8 which shall read as follows: 8.2301 Movie Theater Tax Not less than $200.00 nor more than $750.00 for the first offense and not less than $500.00 nor more than $750.00 for the second and each subsequent offense in any one hundred eighty (180) day period SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of , 2009, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: PASSED AND APPROVED this day of 12009. ATTEST: M. Lisa Angell Village Clerk 1d1RGd 1 Irvana K. Wilks Mayor