HomeMy WebLinkAbout5. NEW BUSINESS 08/20/2010 Village of Mount Prospect Mount Prospect
Community Development Department
MEMORANDUM
elliN e211 41 I
TO: MICHAEL E. JANONIS, VILLAGE MANAGER 41/4:14.(51
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JULY 26, 2010
SUBJECT: PZ -09 -10 / CONDITIONAL USE (GYMNASTICS SCHOOL) •Ilas
550 BUSINESS CENTER DRIVE
THE GYMNASTICS SHOP - JULIAN BASLER
The Petitioner is seeking approval of a Conditional Use to operate a gymnastics school at the subject property. A
gymnastics school is considered a vocational school by Village Code, which requires a Conditional Use in the I1
District.
The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, July 22,
2010, and by a vote of 6 -0 recommended approval of a Conditional Use permit to operate a gymnastics school at
550 Business Center Drive, Case No. PZ- 09 -10, subject to the conditions listed in the Staff Report. 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
August 3 meeting. Staff will be present to answer any questions related to this matter.
H : \PLAN\Planning & Zoning COMM\P &Z 2010\MEI MemosPZ -09 -10 550 Business Caner Drive (CU- gymnastics school).doc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -09 -10 Hearing Date: July 22, 2010
PROPERTY ADDRESS: 550 Business Center Drive
PETITIONER: The Gymnastics Shop — Julian Basler
PUBLICATION DATE: July 7, 2010
PIN NUMBER: 03 -35- 103 - 007 -0000
REQUEST: Conditional Use approval for a Gymnastics School
MEMBERS PRESENT: Richard Rogers, Chair
Joseph Donnelly
Leo Floros
Theo Foggy
Ronald Roberts
Keith Youngquist
MEMBER ABSENT: William Beattie
STAFF MEMBERS PRESENT: Consuelo Andrade, Development Review Planner
Brian Simmons, AICP, Deputy Director of Community Development
INTERESTED PARTY: Julian Basler
Chairman Richard Rogers called the meeting to order at 7:32 p.m. Mr. Youngquist made a motion to approve the
minutes of the May 27, 2010 meeting; Mr. Donnelly seconded the motion. The minutes were approved 6 -0.
Chairman Rogers introduced Case PZ -09 -10 at 7:32 p.m.
Ms. Andrade said the Petitioner for PZ -09 -10 was seeking Conditional Use approval to operate a gymnastics
school at 550 Business Center Drive.
Ms. Andrade stated the Subject Property is zoned I1 Limited Industrial and includes a 34,228 square foot office
and warehouse building with related improvements.
Ms. Andrade said the Petitioner has operated a gymnastics school at the Subject Property for approximately three
years through an agreement with the River Trails Park District. The gymnastics school occupies 5,000 square feet
of the 34,228 square foot building. The Petitioner has recently renewed its lease and was seeking approval of a
Conditional Use to continue to operate a gymnastics school at the Subject Property. A gymnastics school is
considered a vocational school, which is a Conditional Use in the I1 District.
Ms. Andrade stated the floor plan, as submitted by the Petitioner, indicated the layout of the 5,000 square foot
space that the school occupies. The school consists of a tumbling floor area, tumbling tracks, trampolines, and a
cheering and seating area.
Ms. Andrade said the school offers gymnastics classes to various age groups. Class sizes vary from 12 -15
students at a time, with a maximum of 25 students at any given time. Only classes and practices are held on -site;
competitions or performance events are held off -site. The Petitioner and one other person own and manage the
gymnastics school. The school's summer hours of operation are from 9am to 9pm Monday through Thursday and
from 10 am to 5pm on Saturday and Sunday.
Richard Rogers, Chair PZ -09 -10
Planning & Zoning Commission Meeting July 22, 2010 Page 1 of 3
Ms. Andrade stated the 34,228 square foot building is currently occupied by the gymnastics school, River Trails
Park District, United Way, and Northwest Special Recreation. The River Trails Park District is the primary user
of the building for office, warehouse, and meeting space. They lease space in the building to the Clayground Art
Studio, United Way offices, and Northwest Special Recreation for warehousing. Ms. Andrade showed a table that
summarized the parking requirement for each use in the building. The current tenants, including the gymnastics
school, would require a total of sixty -six (66) parking spaces. The site currently provides seventy -one (71)
parking spaces, which exceeds the minimum required by five (5) parking spaces.
Ms. Andrade said the standards for Conditional Uses are listed in the Zoning Ordinance and include specific
findings that must be made in order to approve a Conditional Use. The following is a summary of these findings:
• The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or
general welfare;
• The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the
vicinity or impede the orderly development of those properties;
• And adequate provision for utilities, drainage, and design of access and egress to minimize congestion on
Village streets are provided.
Ms. Andrade stated other Village Departments reviewed the Petitioner's proposal and did not object to the use or
find that it would have an adverse impact on the adjacent tenants or properties. The gymnastics school is
currently in operation at the Subject Property and has not had negative impacts on the adjacent properties. A
business license would be required for the gymnastics school at the Subject Property. Additionally, the Fire
Department required the Petitioner to submit an egress study for review
Ms. Andrade said the proposed gymnastics school met the Conditional Use standards contained in Section
14.203.F.8 of the Zoning Ordinance subject to complying with conditions of approval. Based on these findings,
Staff recommended that the Planning & Zoning Commission approve the motion listed in the Staff Report.
Chairman Rogers asked if this case was the same gymnastics school that has been previously approved by the
Planning and Zoning Commission. Ms. Andrade stated that the Petitioner for this case is different. The other
gymnastics school received zoning approval to locate in the property immediately to the south of the subject
property.
Mr. Youngquist asked Staff why the school has been operating for three years and just now applied for the
Conditional Use. Ms. Andrade said Staff was not aware the gymnastics school occupied the building until
recently; that is when Staff notified the Petitioner the need for a Conditional Use.
Chairman Rogers asked if the gymnastics school is part of the Park District or if it's a separate entity. Ms.
Andrade stated that the school is a separate entity, but they have an agreement with the Park District (who is the
property owner). Mr. Roberts clarified that the Park District being discussed is the River Trails Park District
(RTPD).
Mr. Floros asked if there was a relationship between the Petitioner and the other gymnastics school on Business
Center Drive. Ms. Andrade said there was no relationship; the two schools are separate entities.
Chairman Rogers swore in Julian Basler, 2701 Park Street, Rolling Meadows, Illinois. Mr. Basler stated that he is
a gymnastics coach at Prospect High School. Three years ago, the high school was doing roof construction and
there was no place for his gymnasts to work out. Mr. Basler said he did contact the other gymnastics school on
Business Center Drive about renting out space, but he stated that they were asking too much for rent. It was less
expensive to rent out space with equipment.
Richard Rogers, Chair PZ -09 -10
Planning & Zoning Commission Meeting July 22, 2010 Page 2 of 3
Mr. Basler stated that the business has grown over the three years. He said he primarily focuses on tumbling for
cheerleaders rather than gymnastics. Chairman Rogers asked if Mr. Basler knew he needed a Conditional Use
permit to operate his school in the zoning district. Mr. Basler said that he was not aware.
Mr. Roberts asked what Mr. Basler's relationship was with the River Trails Park District. Mr. Basler stated that
the RTPD had the space available and there was an agreement to share the space and common areas. He also runs
birthday parties for the RTPD.
Chairman Rogers asked if the children change at the facility. Mr. Basler stated that they do not; they arrive in
their tumbling clothes. Chairman Rogers asked if there were adequate restroom facilities on site. Mr. Basler said
there were. Chairman Rogers confirmed with Mr. Basler that there would not be more than 25 students at one-
time for instruction.
Mr. Youngquist asked about the business plan that was included with the Petitioner's packet. He said there were
numbers stating 100 students were in the program with aspirations down the line of 200 -400 students. Mr.
Youngquist asked if this would have an impact on the parking situation. Mr. Basler stated that there is a lot of
dead time in the gym. He said the school could grow to allow additional classes on the weekend. Mr. Basler
stated a lot of students carpool.
Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at
7:44 p.m.
Mr. Floros made a motion, seconded by Mr. Foggy to approve a Conditional Use permit for a gymnastics school
at 550 Business Center Drive, Case No. PZ -09 -10 subject to the conditions listed in the staff report:
1) The Petitioner submits an egress plan in accordance to all applicable building and fire codes;
2) The Petitioner obtains a business a license.
UPON ROLL CALL: AYES: Donnelly, Floros, Foggy, Roberts, Youngquist, Rogers
NAYS: None
Motion was approved 6 -0.
The Village Board's decision is final for this case.
Mr. Donnelly made a motion, seconded by Mr. Roberts to adjourn at 7:46 p.m. The motion was approved by a
voice vote and the meeting was adjourned.
Richard Rogers, Chair PZ -09 -10
Planning & Zoning Commission Meeting July 22, 2010 Page 3 of 3
VILLAGE OF MOUNT PROSPECT Mount Prospect
COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847.818.5328
FAX 847.818.5329
Application for Conditional Use Approval
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Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 2 TDD 847.392.6064
Proposed Conditional Use (as listed in the zoning district)
Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for
Conditional Use Approval (attach additional sheets if necessary) �^ 1
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Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other
materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not; be accepted. It is strongly
suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy
and completeness at the time of submittal.
In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be
given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the
owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during
reasonable hours for visual inspection of the subject property.
Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 3 TDD 847.392.6064
Affidavit of Ownership
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as of this date.
Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 4 TDD 847.392.6064
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Quick over view of The Gymnastics Shop
550 Business Center Drive Mount Prospect 60056
Phone (847- 401 -9324) or email me at thegymnasticsshop @hotmail.com
We would personally like to thank your for all your support, commitment, and dedication
to enable us to coach and train your daughters. Please sign up before Session Start bates and
they are as follow Thank you Julian Basler
Session Will Include:
• 10 weeks of tumbling starting on session date. Summer Jun 14, Fall Aug 23, Fall- Winter
Nov 1, Winter Jan 10, Spring Mar 21. (10 weeks).
• One and a half hour class, 15 minutes of stretching, 1 hour of tumbling, 15 minutes of
conditioning. 3 to 1 student to coach ratio for Private and 5 to 1 student to coach ratio for
team practice ex. Viator high school.
• My class load for classes does not exceed 12 students at a time for private instruction and
25 for team instruction in our 5000 sq foot area.
• The facility has up to code mens and womens bathrooms that are part of the lease
agreement.
• The days we will be tumbling are Monday, Tuesday, Wednesday, and Thursday and start
times are 3:30 then on the hour last class starts at 8:30. Saturday classes start at 10:00
then on the hour last class starts at 5:00 and Sunday classes start at 10:00 then on the hour
last class starts at 5:00.
• Summer hours of operation are Monday through Thursday 9:00 -9:00 no weekends
• The kids that come in are 95% high school age and 5% are middle school age.
• 95% of our kids get trained in cheerleading tumbling that is need to be successful at their
own teams that they are involved with at their school. 5% are gymnast that want to have
a place to train.
• The gym does not host any team gymnastics meets or any cheerleading comppettions it is
strictly just a gym where we train kids.
• Some of the schools we provide tumbling with are Prospect, Rolling Meadows, Wheeling
and kids from Hersey, South, Thomas, Wayside, Lincoln, St. Raymonds attend our gym.
• Open gym is free if you are enrolled in a class where there will be coaches to instruct.
• We are committed to allowing children to be themselves and to have fun while
they learn. We want children to feel secure taking risks, trying hard and making
mistakes. Our philosophy is to treat children with dignity and respect, build their
confidence and self - esteem and help them grow as individuals. We operate our
business under this philosophy every day, in every class at every level.
Page 1 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
CONFIDENTIALITY STATEMENT
The information and financial data embodied in this business plan are strictly confidential and
are supplied with the understanding that they will be held confidentially and not disclosed to
third parties without the prior written consent of the The Gymnastics Shop.
MEMORANDUM OF RISK
The following business plan represents the management's best and current estimate of the future
potential of the business. It must be recognized that no plan is free of errors of omissions or
commissions. Although we believe this plan to be a thorough detail of our business, investors
should always be aware that all businesses have inherent risks which must be fully evaluated by
experts capable of interpreting the information and discussed with management prior to any
investment.
EXECUTIVE SUMMARY
Page 2 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
Company name: THE GYMNASTICS SHOP
Contact: Julian Basler
Address: 2701 Park St.
Rolling Meadows II 60008
Gym Address: 550 Buisness Center Drive
Mount Prospect Il 60056
Telephone: (847) 401 -9324
The The Gymnastics Shop is a Limited Liability Corporation (LLC) organized for the instruction
of gymnastics, sports skills, and motor development /motor learning activities. THE
GYMNASTICS SHOP will operate in a purchased /leased facility in the in the town of Mount
Prospect, Illinois. The ownership /management team brings more than 35 years of gymnastics,
sports, and management experience to the corporation for its daily operations and future
planning.
Gymnastics activity is commonly accepted as much more than its competitive form seen on
television and contested in world championships and the Olympic Games. The business of
gymnastics and its acrobatic and artistic forms is focused on teaching basic motor development,
coordination, flexibility, and of course, offering competitive outlets for young athletes who
aspire to that level of skill development. Gymnastics is world -wide in terms of participation and
acceptance. The United States has embraced the privately held gymnastics club business for
more than 30 years.
Our accomplishments in the industry make us unique among gymnastics clubs and sports
centers. We are able to apply positive teaching methods, proven skills curricula, and successful
business experience. Each of the owners is recognized in the industry as prominent,
knowledgeable, and successful professionals who are constantly focused on the implementation
of proven methods and future trends.
The THE GYMNASTICS SHOP mission is to provide quality sports and gymnastics instruction
to children of all ages and abilities emphasizing fun, safety and physical, mental and social
development. The elements of this mission are recognized by the national governing body of the
sport, USA Gymnastics. Parents and communities across the country have become aware of the
important benefits of physical activity, organized instruction, and need to develop a child's self -
esteem. The benefits of gymnastics and sport skill development are widely accepted.
The services and programs proposed by THE GYMNASTICS SHOP are not currently available
in the town of Arlington Hts. Demographic data indicates there are more than 33,000 children
under the age of 14 within a five mile radius of the facility. These two facts combined point
toward a successful business venture. We forecast a client base of 400 students by the fifth year
of operation. The financial projections indicate profitability within 1 s` year
Page 3 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
BUSINESS DESCRIPTION
The instruction of gymnastics or its activity has early Roman and Greek origins. The overall
demand for gymnastics instruction is increasing with more and more popularity, primarily with
preschool aged children. There are currently more than 3500 gymnastics clubs registered with
the United States of America Gymnastics Federation, the national governing body for
gymnastics. Not included in this figure are: YMCA, Sokol, Turners, Park Districts, Recreational
Schools, High Schools, Dance schools, Day Care, and many others that offer some type of
gymnastics instruction. The gymnastics market is world wide, having its own world
championship competition that involves over 53 nations.
The The Gymnastics Shop will be a newly formed, privately held corporation that will provide
instruction in Gymnastics. Gymnastics is one of the world's most popular sports that have been
taught privately for nearly 150 years. The gymnastics industry is steadily growing and is
expected to expand as public awareness increases due to: 1) increased media coverage, and 2)
knowledge of the physical, mental, and social benefits children gain through sport. The growth
of the business is dependent on a clean and vibrant environment, top quality management, and
strong employee rapport.
CURRENT POSITION AND FUTURE OUTLOOK
The private gymnastics club industry has shown steady growth since the mid 1960's. Statistics
show that the majority of gymnastic participants are recreational. The United States of America
Gymnastics Federation has given an exceptionally promising forecast for the club owner. Now
that gymnastics is understood as a strong program for motor development, there is a promising
forecast for growth in gymnastic club industry. Seven of the ten most popular tickets for the
2000 Olympic Games in Sydney, Australia are gymnastics competitions.
Page 4 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
OWNERSHIP AND MANAGEMENT
The The Gymnastics Shop will be owned and managed by two experienced individuals in the
gymnastics industry. Together they will bring to this new company over 35 years of gymnastics
and management experience.
Julian Basler Owner
Julians Basler has been coaching boys gymnastics at the high school level at Prospect High
school for the last 15 years as the assistant to the head coach Pat Kivland. He also coached nine
years for the girls gymnastics at Prospect two of which he was head coach. Julian has been able
to be a part of a very successful program where the coaching staff have won 14 out of 25
division titles since his stay at Prospect. Julian also just finished his fifth year as diving coach at
Wheeling High School. In the last five years Julian has been involved in teaching tumbling for
cheerleaders. The schools that Julian has been involved with are Prospect, Rolling Meadows,
Wheeling, St. James, St. Marys, St. Emilys, Main West, Libertyville, Wauconda, Carmel, Grays
lake North, Lake Zurich, and numberous all star teams.
Tim O'Connell (46)- Manager and Consulting
Tim O'Connell has a M.S. in Kinesiology from the University of Michigan in Ann Arbor, MI.
Tim is a former gymnastics coach at the University of Michigan and Central Michigan
University, and has previously held a Junior National Coaching Staff position for the USA
Gymnastics Federation as well as acted as state gymnastics director for Illinois. He has held
many management positions in the gymnastics community. He is currently recruiting
coordinator for University of Illinois at Chicago as well as owner of Toconn Inc.
Page 5 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
UNIQUENESS OF SERVICE
Our outstanding accomplishments and gymnastics reputation make us unique among gymnastics
centers throughout the United States. Our knowledge and in -depth positive teaching approach
allow us to use gymnastics as a medium to develop children physically, mentally, and socially.
Our years of experience reveal that a successful gymnastics business primarily depends on the
success of its preschool and recreational gymnastics programs. We plan to provide a service -
oriented business dedicated toward offering children important developmental skills to help them
become healthy, and successful. A network of knowledgeable people that work directly with the
business owner will back our service. As prominent and well versed members of the gymnastics
community the owners will be well informed of future trends and potential changes unique to the
industry that can directly or indirectly affect the business.
We are committed to allowing children to be themselves and to have fun while they learn. We
want children to feel secure taking risks, trying hard and making mistakes. Our philosophy is to
treat children with dignity and respect, build their confidence and self - esteem and help them
grow as individuals. We operate our business under this philosophy every day, in every class at
every level.
OBJECTIVES
1. Develop a clientele of 400 students in 5 years..
2. Develop a comprehensive developmental cheerleading tumbling program
3. Develop a gym where kids have an opportunity to have a place that they can call
their home gym
STRATEGIES:
MISSION STATEMENT:
Our mission is to provide quality sports and gymnastics instruction to children of all
ages and abilities emphasizing fun, safety and physical, mental and social development.
Page 6 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
MARKETING:
1. Advertise through printed material such as: Direct mail, brochures, newspapers,
yellow pages, magazines specific to clientele, and door to door flyers
2. Signage
3. Direct community involvement
4. Logo
5. Development of a web site
BUSINESS:
1. Hire professionally trained staff that meet or exceed the position's needs.
2. Provide staff with further development, education and training, specific to future
business needs or trends
3. Offer family discounts
4. Create and maintain a facility with an environment that is neat, clean and bright.
5. Provide meaningful information to parents about their child's development or
progress
6. Provide highly skilled children a quality opportunity to reach their full gymnastics
potential
7. Provide safe and knowledgeable gymnastics instruction to children of all ages and
ability levels
8. Provide quality instruction for a developmental and competitive cheerleading
program
9. Provide a program where children can use their skills within the program as
preschool, recreation, exhibition team and competitive gymnast as well as dancer,
cheerleader, or trampolinist
10. Year round schedule as well as sports camps
11. Educate the clientele on the benefits of the sports .
PRODUCT OR SERVICE
THE UNFULFILLED NEED
The need for children to develop physical coordination, mental and social skills is never ending.
Over the years, parents have become increasingly more aware of the important benefits gained
from physical activity. The sport of gymnastics is an excellent medium to help build self -
confidence, self - esteem, strength, flexibility and agility. There is a need to help parents use
physical activity as a tool to help their children grow.
Child Development Specialists agree in the importance of developing an infant's learning
foundations during the first three years of life.
1. Dr. John Bower writes that a child's basic motor skills, perceptual development
Page 7 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
(Learning through senses) and cognitive (thinking) skills become established in
Infancy.'
2. Dr. Jaroslav Koch observes that babies whose muscles and senses are stimulated
become more receptive to their surroundings, leading to a fuller life intellectually,
emotionally and physically.
3. Dr. Burton L. White concludes in The First Three Years of Life that, "The informal
education that families provide for their children makes more of an impact on a
child's total educational development than the formal educational system."
4. Dr. Daniel D. Arnheim and William A. Sinclair suggest in there book The Clumsy
Child, that many classrooms problems - awkwardness, perceptual -motor or
neurological dysfunctions, social and emotional inadequacies - may be prevented or
lessened to a great extent by a planned program of movement and multisensory
experiences begun in infancy.
By providing the finest in children's motor skills development programs, The Gymnastics Shop
answers a tremendous need in our inactive society. Our unique and diverse curriculum is
designed to benefit children -- not only with motor skills development but also with intellectual
growth and improved social skills. We build strong bodies, as well as high self - esteem, making
for a happy, healthy lifetime.
PRICING AND VALUE
Pricing in the gymnastics business has always been regional. Our prices will be competitive with
other businesses in the area offering the same type of services. The quality of instruction,
proximity, and teacher /student relationship are the major determining factors for customer
preference.
Page 8 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
MARKET RESEARCH AND ASSUMPTIONS
MARKET SEGMENTS
The market can be broken into 10 segments:
1. Preschool gymnastics instruction (2 yrs - 5 yrs, Boys and Girls)
2. Recreation gymnastics instruction ( 6 yrs - 18 yrs, Boys and Girls)
3. Competitive team gymnastics instruction (6 yrs - 18 yrs, Boys and Girls)
4. Early sensory and physical stimulation (6 months - 2 yrs, Boys and Girls)
5. Cheerleading instruction
6. Competitive cheerleading program
7. Exhibition team/ Group gymnastics activities
8. Trampoline and Tumbling instruction
9. Dance instruction
10. Birthday party
CUSTOMER PROFILE
Our primary consumers will be families with children between the ages of 13 years to 18 years.
These families are usually professionals with middle to upper level income households; they
primarily have one income provider; they may involve a non - working mother. These individuals
live within five miles of the facility. Mount Prospect and the surrounding area has been identified
as an area in need of our services.
MARKET SHARE
After studying the 2000 census, there is an estimated 78,000 potential students under the age of
14 in the target area. We estimate our enrollment to equal over 100 students for our first year.
We project our enrollment to increase to over reach over 400 students by the end of the fifth
year.
Page 9 CONFIDENTIAL
2008 to 2012 The Gymnastics Shop
GEOGRAPHIC MARKET FACTORS
The catchments area is limited to an approximate 5 -mile radius. Our choice of location is center
among several communities of upper middle class family homes with easy driving distance to
our facility. Demographic studies indicate that there are 33,000 children underl4 years of age.
Location demographics:
Arlington Hts, IL
2006 population in 5 mile radius from location: 307,000
Under 5 years 9.21% 26,035
6 -13 years 8.96% 36,126
14 —18 years 8.41% 16,443
Total population under 19 years of age: 78,604
Currently, there is two private gymnastics or dance programs operating in the area.
The community has acceptance to the sport as it included as a junior high and high school
competitive sport.
ADMINISTRATION PLANS
A trained office staff will register students by phone or in person. Office staff will have regular
office times and the management will set up regular registration periods as well as ongoing
enrollment. Currently enrolled students will have priority registration for each new session.
Clients may pay by cash or check. All registration will be entered into a computer system
designed specifically for gymnastics businesses.
The owner will conduct control of daily operation and policymaking and managers assigned to
specific departments. In the beginning stages of the business the owner will manage most of the
departments. As the business grows, individuals will be placed in positions of responsibility to
manage various departments. This will provide upward mobility for experienced staff.
1 Bowers, John. The Perceptual World of the Child. London: Fontana/Open Books and Open Books Publishing,
1977.
2 Koch, Jaroslay. Total Baby Development. New York: Wyden Books, 1976.
3 Amheim, Daniel D., and William A. Sinclair. The Clumsy Child. St. Louis: The C.V. Mosby Co., 1975.
ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT 550 BUSINESS CENTER DRIVE
MOUNT PROSPECT, ILLINOIS
WHEREAS, The Gymnastics Shop — Julian Basler ( "Petitioner") has filed a petition for a Conditional
Use permit with respect to property located at 550 Business Center Drive, ( "Property ") and legally
described as follows:
Lot 3 in Kensington Center Resudivision III, being a resubdivision of Lots 3 and 4
In Kensington Center Phase one in the East 1 /2 of Section 34, and the West'/ of
Section 35, in Township 42 North Range 11 East of the Third Principal Meridian
as per Plat recorded November 19, 1980 as document number 25671876 in
Cook County Illinois.
Property Index Number: 03-35- 103 - 007 -0000
WHEREAS, the Petitioner seeks a Conditional Use permit to operate a gymnastics school; and
WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject
of PZ -09 -10 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22nd
day of July, 2010, pursuant to proper legal notice having been published in the Mount Prospect Joumal
& Topics on the 7th day of July 2010; 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 PZ09 -10; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given
consideration to the request herein and have determined that the same meets the standards of the
Village and that the granting of the proposed Conditional Use permit 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 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 a Conditional Use permit, to allow the operation of a gymnastics school at 550 Business Center
Drive, as shown on the Site Plan dated, a copy of which is attached and made a part hereof as Exhibit
"A."
SECTION THREE: Approval of the Conditional Use permit is subject to complying with the following
conditions:
1) The Petitioner submits an egress plan in accordance to all applicable building and fire
codes;
2) The Petitioner obtains a business a license.
Page 2/2
PZ- 09-10, 550 Business Center Drive
SECTION FOUR: 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 FIVE: 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 day of 2010.
Irvana K. Wilks
Mayor
ATTEST:
Kimberly Dewis
Deputy Village Clerk
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Village of Mount Prospect Mourn Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER S1Z IC
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JULY 13, 2010
SUBJECT: ORDINANCES TO AMEND CHAPTERS 8, 10, 19, AND 23 OF
CODE
As Environmental Health staff and Crime Free Housing Specialist Pat Lyons worked through the r-, ewal and
denial process for Rental Dwelling licenses, differing Code requirements were found in Chapters 8, 0, and 23.
Village Attorney George Wagner reviewed the differences and drafted the attached Ordinance to amend Chapters
8, 10, and 23 of the Village Code to correct the differences and clarify the Code language.
Last year the Cook County Health Department began charging an inspection fee for public swimming pools and
spas and hired additional inspection staff. In the past the County was not able to routinely inspect the pools and
spas and the Village made routine public pool and spa inspections to better protect the public. Since the County is
now regularly inspecting the public pools and spas, staff recommends eliminating this duplication of service and
deleting the related Code section. Staff will continue to monitor the County program for any reduction in the
public pool and spa program and potential need for the Village to restore the inspection program and Code
provisions to ensure the public's health is protected. Descriptions of the changes are listed below and the three
ordinances are attached.
Ordinance summary - Chapters 8, 10, and 23 regarding hearings, notices and penalties related to licenses,
landlord- tenant and Administrative Adjudication.
Section 8.2112 - To better collect outstanding judgments, clearly state that a lien may be filed against the
respondent's real estate or personal estate rather than the term "property".
Section 8.2202 - Add licenses issued under Chapter 23 to the list of licenses and permits for all other
Chapters that may be denied when an outstanding judgment for Adjudication is owed.
Section 10.402 - Set a consistent time limit for appeals of a license denial and scheduling of hearings to
"10 days for appeal" and "30 days to schedule a hearing" consistent with Chapters 8 and 23.
Section 23.1803. Definitions - Clarify and expand language of definitions to eliminate potential conflicts
during the denial, suspension, renewal, or revocation process of "Rental Operator's License ".
Section 23.1804.D.1 - Extend time limit for landlord to notify tenant that lease is not being renewed from
30 days to 60 days to be consistent with State law.
Section 23.1812 - Expand conditions under which the Village may take civil action to enforce compliance
by including all conditions a rental property may be operating without a license.
Ordinances to Amend Chapters 8, 10, 19, and 23 of the Village Code
July 13, 2010
Page 2
Section 23.1816.A.1 through 4 - Clarify and make language section consistent with other Code
provisions.
Section 23.1820 - Language is redundant with new section 23.1820; section has been eliminated.
New section 23.1820 - Clarify the size, location, and language of notices posted on a rental dwelling for
operating without a license, and include penalties for removal notices.
New section 23.1822.0 - Clarify monies owed to the Village that may result in a lien against the
property.
Divisions III, Penalties of Appendix A — Renumber Section 23.1823 to 23.1822.
Ordinance summary Chapter 8 regarding lien for demolition - Section 8.401.B - Extend time limit to file
liens for demolition from 60 days to 180 days the maximum permitted by State law.
Ordinance summary of repeal Chapter 19, Articles V and VI - Repeal public swimming pool and spa
requirements to eliminate duplication of services with Cook County Department of Public Health.
Please forward this memorandum and the attachments to the Village Board for their review and consideration.
Staff will be present to answer any questions related to this matter.
C:\Documents and Settings \bsimmons\Desktop \New Folder \Chapters 8 10 19 23 .doc
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 8, 10, AND 23 OF THE VILLAGE
CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING HEARINGS, NOTICES AND PENALTIES RELATED TO
LICENSES, LANDLORD- TENANT AND ADMINISTRATIVE ADJUDICATION
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Subsection C of Section 8.2112, "Enforcement Of Administrative Law Judge's
Order" of Article XXI, Administrative Adjudication System, of Chapter 8 of the Mount Prospect
Village Code shall be amended by deleting the phrase "respondent's property" and replacing it
with the phrase "real estate or personal estate ", to be and read as follows:
C. Any fine, penalty, and/or cost remaining unpaid after the notice of final determination
of liability is sent shall constitute a debt due and owing the Village. Failure of the
respondent to pay such fine or penalty within fourteen (14) days of the notice may
result in a lien against the respondent's real estate or personal estate (and foreclosure
of such a lien) or such other remedies as may be available by law, including the
denial of the issuance or renewal of licenses or permits pursuant to sSection 10.302 of
this code.
SECTION 2: Subsection A of Section 8.2202, "Failure to Satisfy Obligation" of Article XXII,
Administrative Judgments, of Chapter 8 of the Mount Prospect Village Code shall be amended
by deleting the phrase "or 21" and replacing it with "21 or 23" to be and read as follows:
A. Decline to issue or renew any license, permit, zoning variance or other permission or
consideration requested and /or applied for by respondent under Chapter 7, 9, 10, 11,
12, 13, 14, 21, or 23 of this code or any other applicable Village Code until
respondent satisfies such obligation; and /or
SECTION 3: Section 10.402, "Notice of Action against Licensee; Procedure for Hearing ", of
Article IV, Revocation or Denial, of Chapter 10 of the Mount Prospect Village Code shall be
amended, as follows:
A. The second paragraph in Subsection A shall be amended by deleting the phrase "eight (8)"
and replacing it with the phrase "ten (10) ", inserting the phrase "or her" after the word "his ",
and inserting the phrase "or license holder" after the word "applicant" as it appears the
second time, to be and read as follows:
10.402: NOTICE OF ACTION AGAINST LICENSEE; PROCEDURE FOR HEARING:
A. Notification: The applicant or licensee shall be notified of a determination to revoke
or refuse issuance or renewal of a license by the Village Manager. This notice shall
244844_5 1
inform the applicant of the right to request a hearing before the Village Manager
regarding the proposed action.
Additionally, the notice shall contain the reasons for the revocation, suspension or
refusal to issue or renew. Such notice shall be personally served or mailed, postage
prepaid, to the applicant or license holder, as the case may be, at his or her last known
address and shall provide such applicant or license holder with the right to request a
hearing before the Village Manager within ten (10) days following the date such
notice was personally delivered or placed in the mail. If no such request for a hearing
is received, the Village Manager's determination shall become final.
B. Subsection B shall be amended by deleting the phrase "twenty -one (21)" and replacing it
with the phrase "thirty (30) ", to be and read as follows:
B. Setting Of Hearing: The Village Manager shall set a place and date for the hearing
and shall notify the applicant or license holder of said place and date of said hearing.
The initial date for hearing shall be no more than thirty (30) days after the written
request for a hearing is made.
C. The other Subsections of Section 10.402 shall remain.
SECTION 4: Section 23.1803, "Definitions ", of Article XVIII, Residential Landlord and Tenant
Regulations, of Chapter 23 of the Mount Prospect Village Code shall be amended as follows:
A. The definition of "Conditional License" shall be deleted in its entirety and replaced with the
following:
CONDITIONAL LICENSE: A temporary residential operator's license issued to permit
the rental of a rental unit or structure where:
1. A violation or violations of applicable regulations exist;
2. Outstanding fees remain unpaid to the Village;
3. Outstanding judgments remain unsatisfied; or
4. A landlord is permitted to rent a rental unit or structure prior to attendance by the
landlord, or a designated agent, at the required crime free housing seminar.
B. The following definitions shall be inserted alphabetically:
ENFORCEMENT FEES: Fees required pursuant to Section 23.1817 of this Article.
JUDGMENT: An order entered by the Administrative Law Judge pursuant to Article
XXI of Chapter 8 of the Village Code or a court of competent jurisdiction, awarding
fines, fees, costs and /or damages to the Village for violations of the Village Code or state
or federal law, in any way related to certain property.
OUTSTANDING FEES: Enforcement fees that remains unpaid to the Village.
OUTSTANDING JUDGMENT: Judgments that remain unsatisfied after judicial review
proceedings have been exhausted or the time to request such review has expired.
244844_5 2
SECTION 5: Subsection D(1) of Section 23.1804, "Rental Agreements ", of Article XVIII,
Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code
shall be amended by inserting the phrase "the landlord shall notify the tenant in writing not less
than sixty (60) days prior to the termination date ", after the word "renewed ", Subsection D(2) to
remain, to be and read as follows:
D. Notice Of Non - renewal Of Rental Agreement:
1. If the rental agreement will not be renewed, the landlord shall notify the tenant
in writing not less than sixty (60) days prior to the termination date, or if a month
to month tenancy will be terminated, the landlord shall notify the tenant in writing
not less than thirty (30) days prior to the termination date. In no event shall the
tenant remain on the premises more than thirty (30) days after such notice or the
end of the lease term, whichever occurs last.
SECTION 6: Section 23.1812, "Civil Action By Village To Enforce Compliance ", of Article
XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect
Village Code shall be amended by deleting the word "suspended" in the first sentence and
replacing it with the phrase "revoked, suspended or denied renewal, or if the landlord is
operating without a license ", and deleting the phrase "damages as hereinbefore provided" at the
end of the first sentence and replacing it with the phrase "applicable fines, fees, and costs" to be
and read as follows:
23.1812: CIVIL ACTION BY VILLAGE TO ENFORCE COMPLIANCE:
Whenever the Village Manager or his designee has reasonable cause to believe that any
landlord or tenant is engaged in a pattern or practice of violating the provisions of this
article, or the landlord's operating license has been revoked, suspended or denied
renewal, or the landlord is operating without a license, the Village, in addition to all other
remedies provided herein, may bring a civil action by filing a complaint signed by the
Village Manager, setting forth the facts pertaining to such cause and shall have a right to
one or more of the following: a permanent or temporary injunction, restraining order, the
appointment of a receiver, and applicable fines, fees, and costs. Such relief may be
obtained against the landlord or tenant responsible and shall be as is necessary to ensure
compliance with the provisions of this article and the full enjoyment of the rights herein
established. Before filing a complaint in court with respect to a violation of this article,
the Village Manager shall notify the offending tenant, landlord, operating licensee or
other party designated to receive notices and service of process on behalf of such landlord
or licensee requesting compliance.
SECTION 7: Section 23.1816, "Inspections By Village ", of Article XVIII, Residential Landlord
and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be amended as
follows:
A. Subsection A(1) shall be amended by inserting the phrase "or outstanding fees or judgments
exist" at the end of the second sentence, to be and read as follows:
23.1816: INSPECTIONS BY VILLAGE:
A. Inspection Requirements; License Issuance Or Denial:
2448445 3
1. Each multi - family rental structure and each unit within the structure shall be subject to
inspection, in accordance with this section, for compliance with all applicable
regulations. A license may be denied if the structure or a unit within the structure has
been inspected and is not in compliance with applicable regulations or outstanding fees or
judgments exist. In such a case, the licensee may apply for a conditional license.
B. Subsection A(2) shall be amended by deleting the phrase "independent probable cause" in
the second sentence and replacing it with the phrase "there is reasonable suspicion that a
violation ", to be and read as follows:
2. Initial and subsequent annual licensing inspections shall be conducted on a regular
schedule and include the building exterior, common areas, basement and not less than
twenty percent (20 %) of the individual dwelling units. All units within the structure shall
be inspected every five (5) years unless inspections are required less frequently pursuant
to the incentive provisions of this article. However, no multi - family structure which is
less than ten (10) years old shall be subject to individual dwelling unit inspections unless
there is reasonable suspicion that a violation exists to make such an inspection. The age
of the structure shall be established from the date of the original certificate of occupancy
or, if not available, by proof otherwise acceptable to the village.
C. Subsection A(3) shall be deleted in its entirety and replaced with the following:
3. An owner may elect to have inspections conducted on an "as vacant" basis, in which
case the village must be given two (2) weeks advance notice to schedule an inspection
before a vacant unit is to be re- occupied. If a violation, other than a warning condition, is
found during such an inspection, then subsections A4 through A9 of this section shall
apply and an inspection group's "as vacant" inspection status shall be discontinued until
the director is satisfied that all units are in compliance.
D. Subsection A(4) shall be deleted in its entirety and the following inserted in its place:
4. The owner will be given at least thirty (30) days notice by regular mail prior to any
inspection. Upon receipt of the notice of inspection, the owner shall notify the tenant of
the date and time of the inspection on a form provided by the Village, by personal service
or placing the completed form under or on the door of the unit at least seventy -two (72)
hours prior to the inspection. The form shall contain a certification that the owner has
served such notice. Such notices shall inform the owner and occupant, respectively, of
their right to refuse to consent to the inspection and to require the Village to obtain an
administrative search warrant. The Director may establish procedures to assure
reasonable notice in certain circumstances, e.g., lack of cooperation by owner, in which
case service and posting requirements need not comply with the requirements of this
Subsection A4.
SECTION 8: Section 23.1820, "Notice of Failure to License ", of Article XVIII, Residential
Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be
deleted in its entirety, the remaining Sections to be re- numbered numerically.
2448445 4
SECTION 9: Section 23.1821 (re- numbered Section 23.1820), "Revocation or Denial of
License ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the
Mount Prospect Village Code shall be deleted in its entirety and the following inserted in its
place:
23.1820: REVOCATION OR DENIAL OF LICENSE; OPERATION WITHOUT A
LICENSE
A. Whenever the Director of Community Development finds that conditions or
practices remain in the rental structure or any unit within the rental structure in
violation of any applicable regulations, or there are outstanding fees or judgments,
the Director shall serve the landlord or residential operator with a Notice of
Violation, which shall state the violation(s) and provide a list of outstanding fees or
judgments. Said notice shall state that unless all such violations are corrected and
outstanding fees or judgments satisfied within a reasonable time, of not less than five
(5) days nor more than thirty (30) days from the date of the notice, the operator's
license will be revoked or denied, as applicable. In the case of a renewal, the notice
shall state that issuance of the license will be denied.
B. Upon expiration of the time allowed to correct any violation and /or satisfy any
outstanding fees or judgments, the Village shall re- inspect the rental structure and
determine if any violations, outstanding fees or judgments remain. If the violations
have not been corrected or outstanding fees or judgments remain, the Director of
Community Development shall provide notice to the landlord or residential operator
of a determination to revoke or deny issuance or renewal of the operator's license.
Said notice shall inform the landlord or operator of the right to request a hearing
regarding the proposed action, as described in Subsection C below.
C. Any person, whose license to operate a rental structure is subject to revocation or
denial, shall be entitled to a hearing on that revocation or denial action before an
Administrative Law Judge pursuant to Article XXI of Chapter 8 of the Village Code
by filing a written request for a hearing with the Office of Administrative Hearings
within ten (10) days following the date such notice was personally delivered or placed
in the mail. If such a request for a hearing is received, the Administrative Hearings
Supervisor shall assign a hearing date no later than thirty (30) days after the date the
request is received, sending notice of the hearing place and date to the appellant.
Upon completion of the hearing, the Administrative Law Judge may either:
1. Affirm the revocation or denial; or
2. Stay the revocation and allow additional compliance time; or
3. Deny the revocation of the license; or
4. Order issuance of the license.
5. In considering outstanding judgments, the Administrative Law Judge may take
judicial notice of the judgment as ordered. The scope of review of such judgment
244844_5 5
shall be limited to whether the obligation has been satisfied and whether the
respondent is the actual person against whom the judgment was issued. Lack of
liability or guilt in relation to the underlying obligation shall not be a defense.
6. Any order revoking or denying the issuance of a license shall be final for purposes
of judicial review under the administrative review law of Illinois.
D. If a timely request for a hearing is not filed, then the notice of revocation or denial
order shall become a final order for purposes of judicial review upon the expiration of
the time for requesting such review, and the notice requirement set forth in
Subsection G of this section shall apply.
E. In the event a residential operator's license is revoked or denied, or the rental
structure is being operated without a license, then:
1. No existing rental agreement or lease shall be renewed and no new rental
agreement or lease shall be entered into with respect to any rental unit located within
the rental structure; and
2. The Village shall have the right to proceed under Section 23.1812 of this article.
F. A license which has been revoked or denied shall not be re- instated. The landlord
may, however, obtain a new license after all violations have been corrected by
following the procedures for obtaining a new license as set forth in this article.
G. Whenever a license is revoked or denied, or the rental structure is being operated
without a license, the Director of Community Development shall send a notice to the
landlord, residential operator or the listed property agent at the last address provided
on the most recent license application, or to the landlord or taxpayer of record if no
application is available. The notice shall be sent by regular U.S. mail or served
personally. The code official shall also notify the landlord and all tenants of the
rental structure by posting a notice on all entrances to the rental residential structure,
containing the name and address of the owner, address and/or name of the multi-
family residential structure, and the following statement:
You are hereby notified that the license for this structure has been revoked or
denied, or the rental structure is operating without a license. No existing rental
agreement or lease shall be renewed and no new rental agreement or lease shall
be entered into with respect to any rental unit located within this building.
H. In the event that any notice posted in accordance with Subsection G of this section is
removed without the approval of the code official, the code official may post a notice
on the property, a minimum of thirty inches by thirty inches (30" x 30 ") in size,
having letters a minimum of two inches (2 ") high, containing the name and address of
owner, address and /or name of the multi - family residential structure, and the
statement set forth in Subsection G of this section.
244844_5 6
I. Removal of the notices required in subsections G and H by any person other than a
code official is prohibited and shall be subject to a fine in the amount set forth in
appendix A, division III of this code.
J. The license shall remain in effect during the pendency of a hearing before the
Administrative Law Judge under this section.
K. The hearing process set forth in this section shall apply to the revocation and denial of
residential rental operator's licenses, not Article IV of Chapter 10 of the Village
Code, which provides a hearing process for the revocation or denial of a license.
SECTION 10: Subsection C of Section 23.1823 (renumbered Section 23.1822), "Penalties ", of
Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount
Prospect Village Code shall be amended by deleting the phrase "enforcement fees" and inserting
in its place the phrase "outstanding fees or judgments ", Subsections C(1), C(2) and C(3) to
remain, to be and read as follows:
23.1822: PENALTIES:
C. The failure to pay outstanding fees or judgments may result in a lien upon the real
property or such other remedies as may be available by law, including the denial of
the issuance or renewal of licenses or permits pursuant to section 23.1820 of this
article. The lien shall be subject to the following:
SECTION 11: Division III, Penalties, of Appendix A of the Mount Prospect Village Code shall
be amended by re- numbering Section 23.1823: Penalties (Landlord /Tenant), to Section 23.1822:
Penalties (Landlord/Tenant).
SECTION 12: 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 day of , 2010.
Irvana K. Wilks, Village President
ATTEST:
Lisa Angell, Village Clerk
244844_5 7
ORDINANCE NO.
AN ORDINANCE REPEALING ARTICLES V AND VI OF CHAPTER 19, AND
AMENDING APPENDIX A, DIVISIONS 11 AND 111, OF THE MOUNT PROSPECT
VILLAGE CODE IN REGARD TO PUBLIC SPAS AND SWIMMING POOLS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS, AS FOLLOWS:
SECTION 1: That Article V, "Public Spa Sanitation Regulations ", and Article VI,
"Public Swimming Pool Sanitation Rules and Regulations ", of Chapter 19, Health
Regulations, of the Mount Prospect Village Code, are hereby repealed, the remaining
articles and their respective sections to be re- numbered numerically.
SECTION 2: That Appendix A, Division II, Fees, Rates and Taxes, of the Mount
Prospect Village Code is amended as follows:
A. Sections 19.521: License Fee (Health Spa), 19.528: Hearing Regarding License
Suspension or Revocation (Health Spa) and 19.603: Amendments, Deletions and
Modifications (Swimming Pools) are hereby deleted in their entirety.
B. Section 19.804: Smoking Shelters, is hereby renumbered Section 19.604.
SECTION 3: That Appendix A, Division III, Penalties and Fines, of the Mount
Prospect Village Code is amended as follows:
A. Sections 19.530: Penalty (Health Spa Sanitation) and 19.603: Amendments,
Deletions and Modifications (Swimming Pools), are hereby deleted in their
entirety.
B. Section 19.704: Penalties and Additional Legal, Equitable, and Injunctive Relief
(Tattoos), is hereby renumbered Section 19.504.
C. Section 19.805: Penalty (Clean Air Regulations) is hereby renumbered Section
19.605, and the references in the text to Sections 19.803 and 19.804 are hereby
renumbered Sections 19.603 and 19.604 respectively.
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.
Passed on first reading this day of , 2010.
245393_1
First reading waived by action of the Board of Trustees this day of
, 2010.
Passed on second reading this day of , 2010, pursuant
to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
APPROVED by me this day of , 2010.
Irvana K. Wilks, Village President
ATTEST:
Lisa Angell, Village Clerk
Published by me in pamphlet form this day of , 2010.
Lisa Angell, Village Clerk
245393_1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE
CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING LIEN FOR DEMOLITION
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Subsection B of Section 8.401, "Authority to Act ", of Article IV, Demolition and
Repair of Buildings, of Chapter 8 of the Mount Prospect Village Code shall be amended by
deleting the phrase "sixty (60)" and replacing it with "one hundred and eighty (180) ";
Subsections B(1), (B(2), B(3), and B(4) to remain, to be and read as follows:
B. The cost of such demolition or repair incurred by the Village or by a lien holder of
record is recoverable from the owner or owners of such real estate and is a lien
thereon, which lien is superior to all prior existing liens and encumbrances, except
taxes; provided that within one hundred and eighty (180) days after such repair or
demolition, the Village or the lien holder of record who incurred such cost and
expense shall file notice of lien of such cost and expense incurred in the office of the
Recorder of Deeds of Cook County or in the office of the Registrar of Titles of Cook
County if the real estate affected is registered under the Torrens system.
SECTION 2: 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 day of , 2010.
Irvana K. Wilks, Village President
ATTEST:
Lisa Angell, Village Clerk
249840_1
Village of Mount Prospect Mount Prospect
Community Development Department
M P
MEMORANDUM
° Br> s
TO: MICHAEL E. JANONIS, VILLAGE MANAGER el 5, ID
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JULY 27, 2010 AMP I
SUBJECT: ORDINANCE TO AMEND CHAPTER 21 OF THE VILLAGE C DE (r) LITION
OF STRUCTURES
Currently, the Village's Building Code establishes requirements for the demolition of a structure wi; in Mount
Prospect but does not include provisions for restoring the site to natural conditions following demoliti gin. In most
instances when a demolition permit is obtained from the Village the demolition proceeds a planned expansion or
redevelopment of the property. The recent downturn in the economy and construction industry is causing more
developments to stall and the Village is experiencing an increase in structure demolitions with no short-term
prospects for redevelopment. This has resulted in a number of properties remaining idle for several months
following demolition of existing structures.
In order to address this growing trend and ensure that properties are not left in a state of flux, staff is proposing
modifications to the existing demolition ordinance including:
• Require properties to be restored to their natural condition after all demolition of structures is complete if
a building permit is not obtained to continue development.
• Require a security deposit be provided to the Village equal to the value of all work associated with a
demolition including removal of structures, paved surfaces, utility connections, and site restoration costs.
• Require sediment and erosion control plans for commercial demolitions and residential when determined
necessary by the Public Works Department.
• Establish a time period for satisfactory completion of the demolition project before the Village may
utilize the security deposit to complete the demolition or restoration work.
Staff believes that the proposed changes will adequately address the issues experienced with the demolition of
structures within the community. The security would be held by the Village until the site is either restored to its
natural condition or a building permit obtained to develop the property. Once restored, the property would fall
under the Village's Property Maintenance Codes to ensure it continues to be maintained. If a permit is issued, the
property would need to comply with the Village's ordinances regarding site construction. The proposed changes
will ensure that adequate means are provided to ensure that properties in the Village are left in a clean and safe
manner following a demolition project.
Please forward this memorandum and the attachments to the Village Board for their review and consideration.
Staff will be present to answer any questions related to this matter.
"
C:\Documents and Settings \bcooney\Local Settings \Temporary Internet Files \OLKI2D\Demolition of Structures.doc
V ,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 21 AND APPENDICES OF THE
VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING DEMOLITION OF STRUCTURES
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Section 21.205, "Demolition of Buildings ", of Article II, General Provisions, of
Chapter 21 of the Mount Prospect Village Code shall be amended by deleting the section in its
entirety and replacing with the following text:
A. No building or other structure shall be demolished, razed or wrecked unless a permit is
first obtained from the Director of Community Development. Reference to the Director
of Community Development shall include any authorized agent or designee or designee
of such Director.
B. Application for a demolition permit as required in subsection A of this section shall be
made to the Director of Community Development and accompanied by the following:
1. A description of the proposed building or structure to be wrecked, its location,
nature of construction, and the reason, method and procedure for its proposed
demolition. All pavement removal shall include removal of the stone base (full depth
pavement removal). Any depressed curb and gutter across a driveway apron that is
removed shall be replaced to match the adjacent barrier or roll curb..
2. Cost estimate and a security and restoration bond in the amount of the estimate as
set forth in section 21.318 of this chapter. This cost estimate shall include, but not be
limited to, removal of the structure, any hard -paved surface such as parking lots,
driveways, sidewalks, any public utility connections, old foundations, and site
restoration as described in B(3) of this section.
3. The plan for restoration of the property to its natural condition after all demolition
of buildings and structures are complete. Restoration to natural condition includes,
but is not limited to deposit of topsoil at its average grade. With respect to private
property, natural condition shall include installation of grass seed with an erosion
control blanket to allow a stand of grass to grow. Natural condition, with respect to
public right of way, shall mean restoration with sod.
4. Releases from all gas and electric utilities serving the premises. The release must
state that the respective services have been disconnected and terminated in a safe and
approved manner. After Village permit demolition issuance, all existing water and
sanitary services are to be terminated. All termination of water and sewer services
must also meet the requirements set forth in subsections 16.407I and 16.504H of this
code before the demolition of the structure may be commenced
5. Such other information as may be required by the Director of Community
Development.
6. For Commercial demolition projects, a plan for sediment and erosion control as
set forth in section 16.703 of the Village Code. If any pavement or drainage
structures are to be removed, a grading and drainage plan shall be submitted. A
sediment and erosion control plan shall be submitted for residential demolition
projects as required by the Director of Public Works.
C. The Director of Community Development shall issue such demolition permit upon
finding that the application and the proposed operations fully comply with all provisions
of this code and any other outstanding permits for the property.
D. All demolition, razing, wrecking and restoration operations shall conform to the
following requirements:
1. There shall be compliance with all provisions of this code with respect to" safety
procedures to be used in occupying streets and making excavations, including
lighting, guard- railing, temporary sidewalks and proper scaffolding.
2. Adequate sprinkling shall be employed so as to assure the containment of dust.
3. Except as to buildings no more than two (2) stories in height and wholly of wood
frame construction; only one story at a time shall be wrecked. No wall, chimney or
other construction shall be allowed to fall en masse on an upper floor. Bulky material,
such as beams and columns, shall be manually or mechanically lowered so as not to
free fall for more than one foot from a floor or the ground.
4. Chutes for the removal of materials and debris shall be provided in all parts of
demolition operations that are more than twenty feet (20') above the point of deposit.
Such chutes shall be completely enclosed. They shall not extend in an unbroken line
for more than twenty five feet (25'), but shall be equipped at intervals of twenty five
feet (25') or less with substantial stops to prevent descending material from attaining
dangerous speeds. The bottom of each chute shall be equipped with a gate or stop,
with suitable means for closing or regulating the flow of material.
5. All pits, holes or other areas below street grade shall be filled appropriately
compacted and leveled. All abandoned foundations, structures and debris shall be
removed and the premises left in a safe condition.
6. Demolition and site restoration deadlines:
a) Enforcement
In the event the property has not been restored to its natural condition or new
construction has not begun within (60) calendar days of the issuance of the
demolition permit, or demolition work has stopped for (7) calendar days, the
security and restoration bond may be used by the village to restore the premises
to its natural condition.
r
b) Release of Security
The security and restoration bond (or such portion as may not have been spent
pursuant to 6(a) above) shall be refunded (1) upon completion of the work and
approval by the Director of Community Development or designee; or (2) upon
issuance of a new construction permit for construction at that location for another
building or structure. All deadlines as set forth in 21.205(D)(6)(B) apply and
supersede all other applicable permit time periods.
E. The foregoing provisions to the contrary notwithstanding, where a permit for new
construction has been issued on the premises where such demolition, razing or wrecking
is to occur, upon a written agreement with the Director of Community Development, the
requirements of subsections B1 and D6 of this section shall not apply.
SECTION 2: Section 21.318, "Demolition and Moving of Buildings; Fees and Bonds ", of
Article III, Fees Bonds and Deposits, of Chapter 21 of the Mount Prospect Village Code shall be
amended by deleting the section in its entirety and replacing with the following text
No building or other structure shall be demolished, razed or wrecked unless permit fees and
bonds are submitted to the village as follows:
A. A security deposit in the sum as set forth in appendix A, division I of this code, to assure
completion of the proposed demolition and restoration of the property to it's natural
condition.
B. A permit fee as set forth in appendix A, division II of this code, shall be paid for all
demolition, unless of a minimum nature as specified in subsection D of this section. In
addition, a fixed fee is to be computed at a rate as specified in appendix A, division II of
this code, for each ten feet (10') of height of such building or structure above ten feet
(10') in height.
D. A permit fee as set forth in appendix A, division II of this code, shall be paid for all minor
demolition, including interior remodeling, rehabilitation and other related minor work
prior to construction.
E. A permit fee as set forth in appendix A, division II of this code, shall be paid for moving a
building.
SECTION 3: Section 21.318, "Demolition and Moving of Buildings; Fees and Bonds ", of
Division I, Bonds, Salaries, Insurance, and Miscellaneous, of the Appendices of the Mount
Prospect Village Code shall be amended by deleting the section in its entirety and replacing with
the following text:
A. Security and restoration bond: Demolition or building shall require a cash deposit or letter
of credit be submitted to the Village in the amount of:
1. Single Family Residential Primary Structure: $5,000
2. Single Family Residential Accessory Structure: No deposit required
r
3. Multi - Family, Commercial, Industrial, or Institutional Structure: An amount equal to
an engineer's demolition and restoration estimate.
SECTION 4: Th is 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 day of , 2010.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \ORDINANCE2 \Ord Ch 21 demolitionaugust32010.DOC
Mount Prospect FIRE
Village of Mount Prospect
PROSPECT
C X
Fire Department °E P'�
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS #s eb . %
FROM: FIRE CHIEF '.•
3 �o
DATE: JULY 19, 2010
*g fik
SUBJECT: AMBULANCE 523 - SURPLUS
On November 17, 2009 the Village Board authorized the purchase of two new
ambulances from Foster Coach Sales, Inc. to replace ambulances 520 and 523
(see Attachment 1). At the same meeting, the Board declared ambulance 520 as
surplus and authorized its sale to a private ambulance company in Arkansas. The
Fire Department is now requesting Village Board approval to declare ambulance
523 as surplus so that it can also be sold.
Ambulance 523 is a 2004 ambulance with 66,000 miles. It was scheduled for
replacement in 2010. Foster Coach, Inc. offered the Fire Department $22,500 as a
trade -in value for ambulance 523. The department, however, decided to advertise
the ambulance on the internet to try and obtain a greater price. Care One EMS of
Van Buren, Arkansas, the same company that purchased ambulance 520, has
agreed to purchase ambulance 523 for $29,500 (see Attachment 2 — Bill of Sale).
The Fire Department is therefore requesting Village Board approval to (1) declare
ambulance 523 as surplus and (2) sell the vehicle to Care One EMS in the amount
of $29,500.
Attachments
MFTJm
M: \1 Archives \07 JulyAmbulance 523 Surplus Memo.doc
Mount Prospect r
VOUNT
M p. • Village of Mount Prospect PROSPECT,
Fire Department
O
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS ATTACHMENT 1
FROM: FIRE CHIEF
DATE: NOVEMBER 11, 2009
SUBJECT: PURCHASE OF TWO NEW AMBULANCES
Background
The Fire Department is requesting Village Board approval for the purchase two (2)
new ambulances from Foster Coach Sales, Inc. in an amount not to exceed
$239,419. Foster Coach Sales was awarded the ambulance contract through the
Northwest Municipal Conference competitive bid process.
Ambulance 520
Ambulance 520 is a 2002 ambulance with 67,500 miles. The modular box on this
vehicle is 14 years old and was rechassied in 2002. Typically we would be looking
to rechassis this ambulance another time. However, our preferred vendor will not
rechassis this ambulance as it is not their original vehicle. While there are two other
vendors that will rechassis this ambulance, we have used both with less than
desirable results. Therefore, a new ambulance is recommended.
We budgeted $105,000 this year for the rechassis of Ambulance 520, which is short
of the cost for a new ambulance. We made up this difference, by selling
Ambulance 520 for $26,500 to a private ambulance company in Arkansas.
Ambulance 523
Ambulance 523 is a 2004 ambulance with 60,000 miles. This ambulance was
purchased new in 2004 and was also recommended for a rechassis in 2010. For
the same arguments made above, we recommend purchasing new, rather than
moving forward with a rechassis. While we also only have $105,000 budgeted for
this ambulance, we feel that we can again make up the difference by selling the
vehicle outright.
Purchase of Two New Ambulances
November 11, 2009
Page 2
Vendor
Foster Coach Sales, Inc. is located in Sterling, Illinois and has been in business
since 1957. They offer a complete service facility with certified mechanics, loaner
vehicles, remount capabilities, body shop, and an extensive parts inventory. We
have purchased ambulances from the in the past with exceptional quality and
service.
Funding & Pre - Payment Discount
Funds are available for this purchase in account number 6707709 - 660120 Replace
Fire Department Vehicles.
Foster Coach Sales is also offering a pre - payment discount of $8,225 if we prepay
$236,500 towards the purchase. There is currently $236,500 available in account
6707709 - 660120 for these purchases. We consulted with the Mr. Erb in regards to
the pre - payment option and he supports this purchase discount.
Recommendation
I recommend the purchase of two (2) 2009 ambulances from Foster Coach Sales in
an amount not to exceed $239,419.
MF /jm
M: \1 Archives\2009 \11 November\JM- Ambulance Waiver NWMC 2009 - Village Manager.doc
MAYOR Maaut Prospect
VILLAGE MANAGER
Irvana K. Wilks Michael E. Janonis
TRUSTEES VILLAGE CLERK
Paul Wm. Hoefert M. Lisa Angell
Arlene A. Juracek
A. John Korn Phone: 847 /392 -6000
John J. Matuszak Fax: 847/392 -6022
Steven S. Polit TDD: 847/392 -6064
Michael A. Zadel www.mountprospect.org
Village- af- M-o -unt Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
ATTACHMENT 2
BILL OF SALE
Seller, Village of Mount Prospect, 50 S. Emerson Street, Mount Prospect, Illinois, in
consideration of TWENTY -NINE THOUSAND FIVE HUNDRED DOLLARS AND 00 /100 Dollars
($29,500.00), receipt whereof is hereby acknowledged, does hereby sell, assign, transfer and set over to
Buyer, Wes McCabe of Care One EMS, Van Buren, Arkansas, the following property:
One (1) 2004 Ford E450 Chassis, and a Med -Tec Modular Box V.I.N. #1FDXE45P94HB23960
Seller hereby represents and warrants to Buyers that Seller is the absolute owner of said property,
that said property is free and clear of all liens, charges, and encumbrances, and that Seller has full right,
power, and authority to sell said property and to make this Bill of Sale. Said property is sold "AS IS
AND SHOWN, WITH NO WARRANTIES EXPRESSED OR IMPLIED. ALL WARRANTIES
OF QUALITY, FITNESS, AND MERCHANTABILITY ARE HEREBY EXCLUDED."
IN WITNESS WHEREOF, Seller and Buyer have signed and sealed this Bill of Sale this
day of , 2010.
SELLER BUYER
Village of Mount Prospect Company:
Name: Name:
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE DISPOSAL OF
CERTAIN PERSONAL PROPERTY
OWNED BY THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County, Illinois,
have determined that it is no longer necessary, useful or in the best interest of the Village of
Mount Prospect to retain ownership of one (1) 2004 ambulance (Ambulance 523) , previously
used by the Mount Prospect Fire Department; and
WHEREAS, in the spirit of cooperation between emergency service providers, the Corporate
Authorities of the Village have determined that the surplus vehicle should be made available to
other emergency service providers;
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: This vehicle is no longer necessary or useful to the Village of Mount Prospect.
The best interests of the Village will be served by disposing of the property in the manner
specified below.
SECTION TWO: The Fire Department vehicle being the subject of this ordinance will be sold
for $29,500 to:
Wes McCabe
Care One EMS
Van Buren, Arkansas
SECTION THREE: 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 day of 2010.
Irvana K. Wilks
Mayor
ATTEST:
Kimberly Dewis
Deputy Village Clerk
H: \CLKO \WIN \ORDINANCE2 \Dispose ofsurpius fire vehicles August 2010.doc