HomeMy WebLinkAbout5. New Business 05/15/2012Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: APRIL 27, 2012
SUBJECT: PZ -03 -12 & PZ -04 -12 1 1200 E. ALGONQUIN RD. ! UNITED AIR LINES 1
PRELIMINARY PLAT OF SUBDIVISION, MAP AMENDMENTS, AND
VARIATIONS
The petitioner is seeking approval of a preliminary plat of subdivision, map amendments, and variations
for the development of a data center on the Subject Property. The data center would be one story tali
and would be constructed in two phases. The first phase would measure 172,598 square feet and
consist of 22,022 square feet of office space and 150,576 square feet of warehouse space. Phase two
will consist of an additional 112,932 square feet of warehouse space.
The Subject Property consists of three incorporated parcels totaling 4.7 acres and 13.6 acres of
unincorporated Cook County. The Petitioner is proposing to annex the unincorporated parcel into the
Village of Mount Prospect's corporate limits. A preliminary plat of subdivision is required to create one
lot of record for the development. The Petitioner is seeking to rezone the property from the B3
Community Shopping and RX Single Family Residence to 11 Limited Industrial District.
The proposed improvements would include a fence along the perimeter of the property. The fence
would be installed in the front and interior side yards. A Variation is required to allow the fence in the
front yards along Dempster Street and Algonquin Road. The proposed fence will be an ornamental
metal fence measuring eight (8) feet tall, which requires a Variation as the maximum height permitted is
five (5) feet.
The proposed 285,530 square foot data center will require two hundred and sixty four (264) parking
spaces after the completion of the second phase. The site plan indicates one hundred and sixteen
(116) parking spaces, including twenty four (24) land banked spaces, will be provided. The Petitioner is
seeking a Variation to reduce the required number of parking spaces from two hundred and sixty four
(264) to one hundred sixteen (116).
The landscape plan indicates two hundred forty five (245) trees would be provided when the Village
Code requires three hundred and one (301). The Petitioner is seeking a Variation to reduce the
required number of trees to allow two hundred forty five (245) trees.
The Petitioner will be required to sign an Annexation Agreement, where they agree to cover the costs of
a five (5) year payout to the Elk Grove Rural Fire Protection District.
The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday,
April 26, 2012, and by a vote of 6 -0, recommended approval of the following motions:
15 f1\VblhodMAN0anning &Zoning COMMt P& Z20I2%M JMemes�PZ- 03- E2&,PZ- 04.121200&Algonquin Rd_United(Prelitninary Plat, ZMA,VAR).do
PZ -03 -12 & PZ -04 -12
Page 2
April 27, 2012
1) The Blue Sky Preliminary Subdivision to create a one -lot subdivision;
2) A Map Amendment to rezone the Subject Property from B3 Community Shopping and RX
Single Family to 11 Limited Industrial;
3) A Variation to reduce the required number of parking spaces from two hundred and sixty
four (264) to one hundred sixteen (116), including twenty four (24) land banked spaces;
4) A Variation to reduce the required number of trees from three hundred and one (301) to two
hundred forty five (245) trees;
5) A Variation to allow a fence in the front yards along Dempster Street and Algonquin Roads;
and
6) A Variation to increase the height of a fence from five (5) feet to eight (8) feet; subject to the
conditions of approval 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 May 15, 2012 meeting. Staff will be present to answer any questions related to
this matter.
hVf1Wh1hcdWLANRPI arming &LnNng COMNff&Z2012UiETMe IPZ.03- 12 &PZ-04- 121200E.Algonquin Rd united(Pmlimtrary Plat,ZMA,VAR.).da
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE #'s PZ -03 -12 & PZ -04 -12 Hearing Date: April 26, 2012
PROPERTY ADDRESS: 1200 E. Algonquin Road
PETITIONER: United Air Lines, Inc.
PUBLICATION DATE: April 11, 2012
PIN NUMBERS: 08 -23- 100 -005, 08 -23- 100 -006, 08 -23- 100 -007, part of 08- 23 -100-
008
REQUESTS: 1) Plat of Subdivision - modify property lines to create one (1) lot of
record from four (4) parcels (PZ- 04 -12)
2) Rezone from B3 Community Shopping and RX Single Family to
I1 Limited Industrial (PZ- 03 -12)
3) Variations - parking, landscaping, fence location, fence height
(PZ- 03 -12)
MEMBERS PRESENT: Richard Rogers, Chair
William Beattie
Joseph Donnelly
Keith Youngquist
Leo Floros
Jacqueline Hinaber, Alternate
MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner
Brian Simmons, Deputy Director of Community Development
INTERESTED PARTIES: Mike Landers, John Walters, Dan Lynch, Karl Ottosen, Mark
Youngquist
Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Donnelly made a motion, seconded by Mr.
Youngquist to approve the minutes of the March 22, 2012 Planning & Zoning Commission meeting; the minutes
were approved 6 -0. After hearing three (3) previous cases, Chairman Rogers introduced Cases PZ -03 -12 & PZ-
04-12, 1200 E. Algonquin Road at 8:47 p.m.
Ms. Andrade stated the Petitioner for PZ -04 -12 was seeking approval of a Preliminary Plat of Subdivision that
creates one (1) lot of record for the property located at 1200 E. Algonquin Road.
Ms. Andrade said the Subject Property consists of three (3) incorporated parcels zoned B3 Community Shopping
and part of a parcel which is currently unincorporated Cook County. Ms. Andrade said the Subject Property is
bordered by Dempster Street on the north, Algonquin Road on the south, Linneman Road on the east, and
commercial development, which fronts Busse Road, on the west end.
Ms. Andrade stated the Petitioner was seeking to annex 13.6 acres of the unincorporated parcel into the Village of
Mount Prospect's corporate limits and construct a data center. The Village Code prohibits the construction of
buildings over property lines. Since the Subject Property is made up of several parcels, the Preliminary Plat of
Subdivision is required to create one (1) lot of record.
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 1 of 7
Ms. Andrade said the Subject Property would be rezoned to Il Limited Industrial to allow the proposed
development.
Ms. Andrade stated per Village Code, the minimum lot size required in the I1 Limited Industrial is two (2) acres.
The Preliminary Plat of Subdivision indicates the proposed lot would measure sixteen and one half (16.5) acres,
which would exceed the minimum lot size required. Staff has reviewed the plat and found that it was prepared in
accordance with the Village Codes and Subdivision requirements noted in Section 15.304.
Ms. Andrade said per the Village's Subdivision Code, the subdivision of land five (5) or more acres require
approval of both a preliminary plat and final plat. A final plat of subdivision will be required to be submitted
within one year after receiving preliminary subdivision plat approval from the Village Board. A recommendation
by the Planning and Zoning Commission and final action by the Village Board is required in both cases.
Based on Staff's review of the preliminary Plat of Subdivision, Staff recommended that the Planning & Zoning
Commission recommend approval of the motion listed in Staff's report for Case PZ- 04 -12.
Ms. Andrade stated the development of a data center required zoning map amendments and variations. The
Petitioner was seeking to annex 13.6 acres of the unincorporated parcel into the Village of Mount Prospect's
corporate limits, Upon annexation the 13.6 acres would be automatically classified as RX Single Family
Residential. The Petitioner was seekinging a zoning map amendment from RX and B3 to I1 Limited Industrial to
allow the proposed development.
Ms. Andrade said the proposed building would be one (1) story tall and would be constructed in two (2) phases.
The first phase would measure 172,598 square feet and consist of 22,022 square feet of office space and 150,576
square feet of warehouse space for data equipment. Phase two (2) would consist of 112,932 square feet of
warehouse space for additional data equipment and generators. Access to the development would be provided via
the existing drives located on Dempster and Algonquin Roads.
Ms. Andrade stated the site plan indicated a fence along the perimeter of the property. The fence would be
installed in the front and interior side yards. The Village Code permits fences in the interior side yards provided
the fence is located behind the front line of the principal building. A Variation would be required to allow the
fence in the front yards along Dempster Street and Algonquin Road. Per the site detail plan, the proposed fence
would be an ornamental metal fence measuring eight (8) feet tall. The Petitioner was also seeking a Variation to
allow an eight (8) foot tall fence when the maximum height permitted is five (5) feet.
Ms. Andrade said the building would be constructed out of precast concrete panels and measure thirty (30) feet
and nine (9) inches in height. As proposed, the building would measure over 400 feet wide as part of phase one
(1) and over 800 feet once phase two (2) is completed. Per Village Code, any structure over 200 feet in length
shall be designed to stagger the building fagade in order to break up the visual expanse of the structure when
fronting a right of way. The north building elevation along Dempster Street would be required to be revised to
break up the visual expanse of the structure.
Ms. Andrade referenced the following table:
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 2 of 7
I1 Minimum Requirements
Proposed Development
Setbacks:
76' building / 14.5' parking lot
Front
30' building / 10' parking lot
(Dempster St.)
(north and south lot lines)
110' building / 10.2' parking lot
(Algonquin Road)
Interior
15' building/ 10' parking lot
78.5' building / 14.5' parkin
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 2 of 7
(west and east lot lines)
(West)
192.10' building / 0' existing parking
(East)
Lot Coverage
75% Maximum
71%
Height
40'
30' -9"
The table compared the I1 District's requirements to the proposal. The proposed building and new parking lot
areas would meet the minimum required setbacks. The lot coverage would be 71 % which is under the maximum
75% permitted. The proposed building height would not exceed the maximum height permitted.
Ms. Andrade stated the Village Code requires four (4) parking spaces per 1,000 square feet of gross floor area for
office space and one (1) parking space per 1,500 square feet for industrial /warehouse space. The proposed
285,530 square foot data center would require 264 parking spaces. The Petitioner's site plan indicated 116
parking spaces, including twenty -four (24) land banked spaces will be provided. The Petitioner is seeking a
Variation to reduce the required number of parking spaces to allow 116, including twenty -four (24) land banked
spaces.
Ms. Andrade said the Petitioner submitted a preliminary landscape plan that indicated 245 trees would be
provided when the Village Code requires 301. The Petitioner was seeking a Variation to reduce the required
number of trees from 301 to 245 trees. The Petitioner has not requested any other relief from the landscape
requirements and would be required to revise the landscape plan to meet Code.
Ms. Andrade stated the standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning
Ordinance. The Planning and Zoning Commission shall make findings based upon the evidence presented to it in
each specific case with respect to, but not limited to, the following matters:
The compatibility with existing uses and zoning classifications of property within the general
area of the property in question;
The compatibility of the surrounding property with the permitted uses listed in the proposed
zoning classification;
• The suitability of the property in question to the uses permitted under the existing and proposed
zoning classifications; and
Ms. Andrade said the Subject Property is adjacent to an existing commercial shopping center, multi - family
residential development, and industrial office /warehouse buildings. The proposed data center building would be
in keeping with the existing industrial land uses and the Village's Comprehensive Plan. The Village
Comprehensive Plan designates the property as light industrial and office research.
Ms. Andrade stated the proposal met the standards for a Map Amendment because it is compatible with existing
properties within the general area of the Subject Property and the buildings will be designed and landscaped to
have minimal impact on the adjacent developments.
Ms. Andrade said the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance
and include seven (7) specific findings that must be made in order to approve a Variation. A summary of the
findings include:
• A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not
generally applicable to other properties in the same zoning district and not created by any person
presently having an interest in the property;
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 3 of 7
• Lack of desire to increase financial gain; and
• Protection of the public welfare, other property, and neighborhood character.
Ms. Andrade stated the project required relief from the parking, landscape, and fence regulations. The Petitioner
was seeking a Variation to reduce the required parking spaces from 264 to 116, including twenty -four (24) land
banked spaces. The proposed data center would only include 22,022 square feet of office space. The remainder
of the building would consist of storage areas for mechanical, electrical, and equipment. Per the Petitioner, only
eighty -six (86) employees would occupy the building across two shifts. Staff was supportive of this Variation as
the majority of the building would be used for warehouse space to be used for storage of equipment. The
proposed parking spaces met the parking requirement for the office space. The Petitioner would be required to
construct the land banked parking spaces should Staff determine that additional parking spaces beyond the ninety -
two (92) initially provided are required.
Ms. Andrade said the Petitioner was seeking a Variation to reduce the required number of trees from 301 to 245
trees. Per the Petitioner, the Variation was necessary for maintaining security visibility to monitor the site. Staff
was supportive of this request provided the remainder of the landscape requirements are met.
Ms. Andrade stated the Petitioner was seeking Variations to allow a fence in the front yards along Dempster
Street and Algonquin Road and to allow an eight (8) foot tall fence when the maximum height permitted is five
(5) feet. For security reasons, the fence was proposed along the perimeter and up to eight (8) feet tall. Staff was
supportive of the Variation requests due to the nature of the proposed land use on the property. However, the
fence line along Dempster Street and Algonquin Road shall be set back a minimum of ten (10) feet from the
property line so that there is sufficient landscaping along the public right -of -way.
Based on Staff review of the request and Code standards, Staff recommended that the Planning & Zoning
Commission recommend approval of the motions listed in the Staff Report for Case PZ- 03 -12.
Mr. Youngquist asked Staff to clarify condition number thirteen (13) listed in the Staff Report for Case PZ -03 -12
that discussed a timeline for permits. Mr. Simmons stated that it is a standard condition per Code for any
Variations or Conditional Uses that are approved. The Petitioner would have to pull a permit within a year;
otherwise an extension could be requested.
Chairman Rogers swore in Mike Landers, 77 West Wacker Drive, Chicago, Illinois. Mr. Landers stated that he is
the Director of Design and Construction for the United Airlines. Mr. Landers introduced his team members to the
Commission. Chairman Rogers swore in all parties that would be speaking on behalf of the Petitioner
John Walters, Vice President of Jones Lang LaSalle, 200 E. Randolph Drive, Chicago, Illinois, stated that his
company is the real estate development advisor for the Petitioner. He explained the importance of the proposed
data center. The proposed data center would support United's worldwide operation. Mr. Walters said the security
of the building is important to ensure that it is not compromised. There are also mechanical and electrical systems
in place to support the data center. He stated that the proposed facility would be in operation twenty -four (24)
hours a day; 7 days a week; 365 days a year. There would be a maximum of eighty -six (86) employees to
operate and maintain the proposed facility.
Mr. Walters said the proposed one (1) story facility would be made of precast concrete and able to withstand
winds of 206 miles per hour to ensure that the facility remains operational. He discussed the square footage
breakdown inside the facility as previously mentioned by Staff. Chairman Rogers confirmed with Mr. Walters
that the 25,000 square feet labeled as "data hall" was the actual space where the computer equipment was stored.
The remainder of the non - office space was the mechanical, electrical, and other systems to support the data center.
Chairman Rogers asked how the computer equipment was protected; he wanted to know if there was a halon
system in place. Mr. Walters stated there would be a fully interlocking pre- action fire suppression system. He
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 4 of 7
said the Subject Property is master planned to accommodate a total 285,530 square feet if expansion was
warranted. It is the Petitioner's goal to obtain the U.S. Green Buildings Council LEED Gold expectations.
Mr. Walters summarized United's Plat request. He showed an aerial of the existing buildings on United's campus
in comparison where the proposed data center would be located. Mr. Floros confirmed with the Petitioner that the
existing buildings on United's campus would remain.
Chairman Rogers asked if there was adequate water detention for the entire site. Mr. Walters stated the pond on
United's property does handle all of the storm water for the entire campus. The Subject Property would have its
own storm water detention system to accommodate the new building.
Mr. Walters discussed the 13.6 acres that would be annexed into the Village. He stated 11.8 acres is United's
property and the remaining 1.8 acres would be part of the right -of -way on Algonquin and Dempster. The
remaining 4.7 acres of land is already incorporated into the Village. He stated the overall goal is to create one (1)
lot of record that would be 16.5 acres.
Mr. Walters discussed the Petitioner's zoning request for Case PZ- 03 -12.
Mr. Donnelly asked if the old data center was within the United's campus. Mr. Walters stated the current data
center is presently underground at the Northeast corner of the United campus. Mr. Donnelly confirmed that there
is an existing eight (8) foot fence currently around the United campus.
Mr. Landers stated the existing data center is one (1) of nine (9) centers that United operates. He said they have a
data center in San Francisco and several in Texas. According to Mr. Landers, the proposed data center would
bring the others all together.
Mr. Walters stated the height of the fence is needed for security in addition to the request to place within the front
yards along Algonquin and Dempster. He said the parking Variation is needed because the data centers are not
heavily populated buildings; just a small staff operates and maintains the building. Mr. Walters felt that the
ninety -two (92) spaces in addition to the twenty -four (24) land bank spaces would be more than enough for the
life of the proposed facility including potential future expansion. He said the request for the Variation in
reduction of trees is security related. Mr. Walters stated that they were asked by United Security to keep mature
trees away from the fence to prohibit anyone from climbing over the fence.
Mr. Walters discussed the landscape plan and showed where the eight (8) foot fence would lie on the Subject
Property. He also talked about the type of fencing and the front gate that would be installed. Mr. Walters showed
and discussed the floor plan of the proposed facility. Mr. Donnelly asked if there were emergency generators on-
site and if they would be inside or outside. Mr. Walters confirmed that the emergency generators would be inside,
fully enclosed, and compliant with IEPA emissions and sound requirements. The fuel tanks for the generators
would be underground as well. There was additional discussion regarding the redundant systems and future
expansion.
Mr. Walters showed plans of the building's elevations and the proposed building view from Algonquin Road. He
stated that the Petitioner recognized Staffs comments regarding the North side fagade along Dempster. The
Petitioner will work with Staff to adequately address the Code.
Chairman Rogers asked if the Petitioner had any objections to the conditions placed by the Village in the Staff
Report. Mr. Walters stated he is aware of the conditions and agreed to them. Chairman Rogers confirmed with
the Petitioner that all applicable building codes would be followed during construction of the proposed building.
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 5 of 7
Mr. Floros asked why the Petitioner was now deciding on annexing into the Village since United has remained
unincorporated for many years. Mr. Walters stated they were annexing to allow the construction of the proposed
building; it could not be constructed in its current form over boundary lines.
Mr. Floros asked if the remaining United campus would eventually be annexed in over time. Dan Lynch from
United Airlines said there is discussion with the Village, but it is out of the scope of the current proposal.
Chairman Rogers swore in Karl Ottosen from the law firm of Ottosen, Britz, Kelly, Cooper, Gilbert, and Dinolfo,
1804 N. Naper, Naperville, Illinois. Mr. Ottosen stated that his law firm has been hired to represent the Rural Elk
Grove Fire Protection District anytime annexation is discussed of a property within the fire district. He said he
wanted to discuss potentially losing property that would be detrimental to the fire district.
Mr. Ottosen stated that via the press that the remainder of the United property would be less than sixty (60) acres,
which could lead to a forced annexation by the Village. He said the United property is approximately twenty (20)
percent or more of the fire district's EAV.
Mr. Ottosen stated the Petitioner was only proposing to install eighty (80) percent of the trees required by Code.
He asked the Commission what characteristic of the Subject Property led to a unique hardship. He said that the
size of the building and profit motive created the hardship. Mr. Ottosen also discussed the amount of parking
spaces. He stated that the amount of parking is approximately only four (4) spaces or more that would be required
for just the 22,000 square feet of the office portion of the proposed project. He believed parking was not adequate
and asked what the hardship was for the parking Variation. Mr. Ottosen asked what the Petitioner was proposing
in regards to storm water detention. He wanted to know if there will be enough capacity to take care of the
proposed new site since it was not indicated on the footprint of the sixteen (16) acre property.
Chairman Rogers asked if Mr. Ottosen's client currently services the unincorporated area for fire protection and if
there have been any problems with the Subject Property. Mr. Ottosen confirmed that the Subject Property is
serviced by the Elk Grove Rural Fire Protection District and there have not been any issues because the area in
question is primarily a parking lot.
Mark Youngquist of GRAEF, 1921 W. Potomac Avenue, Chicago, Illinois stated he is the Civil Engineer on
record for the Petitioner. Mr. Youngquist said the primary concern for the landscaping Variation was for building
security. He said when the landscape plan was originally looked at; some of the trees blocked the views of the
security cameras that would be in place on the Subject Property. Mr. Youngquist stated there was a preliminary
storm water plan submitted to the Village as part of the zoning packet for the Subject Case. He said that there are
ongoing discussions with the Village's Engineering Division. Mr. Youngquist stated the storm water detention
would be stand alone on the eastern portion of the Subject Property and would meet the requirements of the
Village and MWRD. Mr. Donnelly confirmed that the storm water detention would be part of Phase I of the
proposed project.
There was additional discussion regarding storm water detention. The detention area is a part of the property to
be annexed into the Village.
Mr. Landers explained the primary uses and functions of the data center. He stated the parking numbers should
be kept low to keep people away. The parking is only needed for those who operate and maintain the center.
Mr. Floros asked how many trees are currently located on the Subject Property. Mr. Landers stated significantly
less because the Subject Property is a parking lot. He said that they are open to placing as many trees on the
Subject Property as they can; they had to come to the Commission with an exact number that they knew could fit
in the plan.
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 6 of 7
Chairman Rogers confirmed with the Petitioner that there were no issues with landscaping the right -of -ways along
Algonquin and Dempster.
There was additional discussion regarding the security cameras and parking for the facility. Mr. Beattie
confirmed with the Petitioner that the eighty -six (86) employees mentioned by Staff would be the maximum
amount of employees on the Subject Property in case of an emergency or crisis situation. Mr. Landers stated the
total number of employees would be split amongst two (2) to three (3) shifts.
Chairman Rogers asked if the Subject Property would then be serviced by the Mount Prospect Fire Department.
Mr. Simmons stated upon annexation, the Subject Property would be under the Village's protection. Chairman
Rogers also confirmed that Village water would also be utilized for the Subject Property upon annexation.
Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the
public portion of the cases at 9:32 p.m. and brought the discussion back to the board.
Mr. Donnelly made a motion to approve the Blue Sky Preliminary Subdivision to create a one (1) lot subdivision,
as shown on the Petitioner's preliminary plat for 1200 E. Algonquin Road, Case No. PZ- 04 -12.
UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Hinaber, Youngquist, Rogers
NAYS: None
The motion was approved 6 -0.
Mr. Donnelly made a motion, seconded by Ms. Hinaber to approve:
A. a Map Amendment to rezone the Subject Property from B3 Community Shopping and RX Single Family
to I1 Limited Industrial;
B. a Variation to reduce the required number of parking spaces from 264 to 116, including twenty four (24)
land banked spaces;
C. a Variation to reduce the required number of trees from 301 to 245 trees;
D. a Variation to allow a fence in the front yards along Dempster Street and Algonquin Roads; and
E. a Variation to increase the height of a fence from five (5) feet to eight (8) feet; subject to the conditions of
approval listed in the staff report.
UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Hinaber, Youngquist, Rogers
NAYS: None
The motion was approved 6 -0. The Village Board's decision is final for this case.
Chairman Rogers asked if there were any citizens in the audience waiting to be heard. Hearing none, Mr.
Donnelly made a motion, seconded by Ms. Hinaber to adjourn at 9:36 p.m. The motion was approved by a voice
vote and the meeting was adjourned.
Ryan Kast, Community Development
Administrative Assistant
Richard Rogers, Chair PZ -03 -12 & PZ -04 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 7 of 7
1r
Village of Mount Prospect
Community Development Department
CASE SUMMARY — PZ- 03 -12
mount Pn»;pcYx
LOCATION: 1200 E. Algonquin Road
PETITIONER: United Air Lines, Inc.
OWNER: United Air Lines, Inc.
PARCEL #: 08- 23- 100 -005 -0000, 08 -23 -100- 006 -0000, 08 -23- 100 - 007 -0000, part of 08-23- 100 -008-
0000
LOT SIZE: 16.5 acres (719,132 square feet)
ZONING: B3 Community Shopping, and RX Single Family (after Annexation process is final)
LAND USE: Vacant and Parking Lot
REQUEST: 1) Rezone from B3 Community Shopping and RX Single Family to I1 Limited Industrial
2) Variations (parking, landscaping, fence location, fence height)
LOCATION MAP
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION
RICHARD ROGERS, CHAIRPERSON
FROM: CONSUELO ANDRADE, SENIOR PLANNER
DATE: APRIL 16, 2012
HEARING DATE: APRIL 26, 2012
SUBJECT: PZ -03 -121 1200 E. ALGONQUIN ROAD/ ZMA (133 TO II AND RX TO I1) &
VARIATIONS (PARKING, LANDSCAPING, FENCE LOCATION AND HEIGHT)
BACKGROUND
A public hearing has been scheduled for the April 26, 2012 Planning & Zoning Commission meeting to review
the application by United Air Lines (the "Petitioner ") regarding the property located at 1200 E. Algonquin Road
(the "Subject Property"). The Petitioner is seeking to rezone the property from the B3 Community Shopping to I1
Limited Industrial and from RX Single Family Residence to 11 Limited Industrial (upon annexation), and
Variations from the parking, landscaping, and fence requirements. The P &Z hearing was properly noticed in the
April 11, 2012 edition of the Journal Topics Newspaper. In addition, the Petitioner has completed the required
written notice to property owners within 250 -feet and Staff posted a Public Hearing sign on the Subject Property,
PROPERTY DESCRIPTION.
The Subject Property is bordered by Dempster Street on the north, Algonquin Road on the south, Linneman Road
on the east, and commercial development, which fronts Busse Road, on the west end. The Subject Property
consists of three incorporated parcels zoned B3 Community Shopping and part of a parcel which is currently
unincorporated Cook County. The Petitioner is currently seeking to annex the unincorporated parcel of the
Subject Property into the Village of Mount Prospect's corporate limits.
SUMMARY OF PROPOSAL
The Petitioner and the Village are currently working on an Annexation Agreement, which will require the
Petitioner to cover the costs of a five (5) year payout to the Elk Grove Rural Fire Protection District. The
Annexation Agreement does not require review by the Planning and Zoning Commission and the required Public
Hearing will be held at a subsequent Village Board meeting. In an effort to streamline the review process, Staff is
presenting the Petitioner's zoning requests to the P &Z for their recommendation, which will then be forwarded to
the Village Board for their review and consideration after the Annexation Agreement has been adopted.
The petitioner is proposing to construct a data center on the Subject Property. The building would be one story
tall and the Petitioner intends to achieve a LEED Gold rating for the new building. The building will be
constructed in two phases. The first phase would measure 172,598 square feet and consist of 22,022 square feet
of office space and 150,576 square feet of warehouse space for data equipment. Phase two will consist of
112,932 square feet of warehouse space for additional data equipment and generators. Various elements of the
proposal are outlined below:
PZ -03 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 3
Site L ayout — Per the Petitioner's site plan, access to the building will be provided via the existing drives located
on Dempster and Algonquin Road. The building would occupy the northern half of the Subject Property and the
parking lot would be located to the south and front Algonquin Road.
The site plan indicates a fence along the perimeter of the property. As shown, the fence would be installed in the
front and interior side yards. The Village Code permits fences in the interior side yards provided the fence is
located behind the front line of the principal building. As shown, a Variation is required to allow the fence in the
front yards along Dempster Street and Algonquin Road. Per the site detail plan, the proposed fence will be an
ornamental metal fence measuring eight (8) feet tall. The Petitioner also seeks a Variation to allow an eight (8)
foot tall fence when the maximum height permitted is five (5) feet.
Parking — The Village Code requires four (4) parking spaces per 1,000 square feet of gross floor area for office
space and one (1) parking space per 1,500 square feet for industrial /warehouse space. The proposed 285,530
square foot data center will require two hundred and sixty four (264) parking spaces after the completion of its
second phase. The Petitioner's site plan indicates one hundred and sixteen (116) parking spaces, including twenty
four (24) land banked spaces, will be provided. The Petitioner is seeking a Variation to reduce the required
number of parking spaces from two hundred and sixty four (264) to one hundred sixteen (116), including twenty
four (24) land banked spaces.
Building Design — Per the attached building elevations, the building would be constructed out of precast concrete
panels. The building would measure thirty (30) feet and nine (9) inches in height, as measured to the top of the
building. As proposed, the building will measure over four hundred (400) feet wide as part of phase one and over
eight hundred (800) feet once phase two is completed. Per Village Code, any structure over two hundred (200)
feet in length shall be designed to stagger the building facade in order to break up the visual expanse of the
structure when fronting a right of way. The north building elevation along Dempster Street will be required to be
revised to break up the visual expanse of the structure.
Lighting Plan - The Petitioner did not submit a photometric plan, but will be required to submit a lighting plan as
part of the Building Permit process. The Petitioner has not requested relief from the lighting regulations and will
be required to comply with the Village's regulations on illumination levels and fixture design.
Landscaping - The attached preliminary landscape plan provides a conceptual design with regards to the number,
general type, and location of plantings for the proposed development. As shown, the Iandscape plan will provide
two hundred forty five (245) trees when the Village Code requires three hundred and one (301). The Petitioner is
seeking a Variation to reduce the required number of trees from three hundred and one (301) to two hundred forty
five (245) trees. The Petitioner has not requested any other relief from the landscape requirements and will be
required to revise the landscape plan to meet Code, including, but not limited to:
• Provide landscaping that is to a height of a minimum three feet (3') in height across one hundred percent
(100 %) of the Dempster Street property line, as it is across from residential property. Such landscaping
shall consist of berms, shade, and ornamental trees, evergreens, shrubbery, and hedges.
• Provide landscaping that is to a height of a minimum three feet (3') in height across at least fifty percent
(50 %) of the Algonquin Road property Iine. Such landscaping shall consist of berms, shade, and
ornamental trees, evergreens, shrubbery, and hedges.
• Providing one shade tree at the equivalent of not more than seventy five feet (75') apart along the west,
north, and south property lines;
• Providing clusters of shrubs that are a minimum height of three feet (3') and contain seven (7) to nine (9)
shrubs per cluster. Clusters to be spaced at intervals of approximately thirty five feet (35') along the west
and south property lines;
• Providing a shade tree and a minimum of 50% of live coverage in each interior parking lot island; and
• Providing year round screening around ground mounted mechanical /utility equipment.
PZ -03 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 4
As part of the final plan submittal the Petitioner must submit a more detailed landscape plan that includes
specifics regarding the species, size, and number of each proposed landscaping material.
GENERAL ZONING COMPLIANCE
The following table summarizes the required setbacks for the 11 District and lists the Petitioner's proposed
setbacks.
ADDITIONAL STAFF COMMENTS
Building Department — A complete building code analysis, including but not limited to egress, accessibility,
height, area, use, and fire rating analysis, will be required for the proposed development. Details and
manufacturer data on all generators will be required to be submitted.
Fire Department — An egress plan, automatic fire sprinkler system, fire alarm system, standpipe system, and
additional fire hydrants as needed be will be required for the proposed development. Additionally, two fire
department access points and a fire lane around the entire building will be required. Final details of gate controls
and an emergency vehicle maneuvering plan shall be submitted.
Engineering Department The existing driveway apron located along Dempster Street that is located opposite of
Redwood Drive will not be used and shall be removed and restored with sod. In addition, the existing driveway
apron at the northwest corner of the site will have to be widened to accommodate the proposed driveway width.
The grading plan will also require revisions, such as having the 100 -year runoff for the new parking lot tributary
to the pond. The Petitioner will be required to demonstrate the proposed detention pond will contain sufficient
volume for the phase two expansion.
A complete review of the plans will be performed as part of the building permit review process. These
requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the
requirements and submits the necessary documentation.
COMPREHENSIVE PLAN DESIGNATION AND ZONING
I1 Minimum Requirements
Proposed Development
SETBACKS:
76' building / 14.5' parking lot
Front
(north and south lot lines)
30' building / 10' parking lot
(Dempster St.)
110' building / 10.2' parking lot
( Algonquin Road
78.5' building / 14.5' parking
Interior
15' building / 10' parking lot
(West)
(west and east lot lines)
192.10' building / 0' existing parking
( East)
LOT COVERAGE
75% Maximum
71%
HEIGHT
40'
30' -9"
ADDITIONAL STAFF COMMENTS
Building Department — A complete building code analysis, including but not limited to egress, accessibility,
height, area, use, and fire rating analysis, will be required for the proposed development. Details and
manufacturer data on all generators will be required to be submitted.
Fire Department — An egress plan, automatic fire sprinkler system, fire alarm system, standpipe system, and
additional fire hydrants as needed be will be required for the proposed development. Additionally, two fire
department access points and a fire lane around the entire building will be required. Final details of gate controls
and an emergency vehicle maneuvering plan shall be submitted.
Engineering Department The existing driveway apron located along Dempster Street that is located opposite of
Redwood Drive will not be used and shall be removed and restored with sod. In addition, the existing driveway
apron at the northwest corner of the site will have to be widened to accommodate the proposed driveway width.
The grading plan will also require revisions, such as having the 100 -year runoff for the new parking lot tributary
to the pond. The Petitioner will be required to demonstrate the proposed detention pond will contain sufficient
volume for the phase two expansion.
A complete review of the plans will be performed as part of the building permit review process. These
requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the
requirements and submits the necessary documentation.
COMPREHENSIVE PLAN DESIGNATION AND ZONING
PZ -03 -12
Planning & Zoning Commission Meeting April 26, 2012 page 5
The Village Comprehensive Plan designates the property as light industrial and office research. This land use
designation is appropriate for uses that typically do not generate the intensity of heavy industrial land uses, such
as professional and business services, warehousing, and research and development facilities. The proposed data
center will be consistent with the Comprehensive Plan's designation and the proposed I1 zoning designation.
MAP AMENDMENT STANDARDS
The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a
Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence
presented to it in each specific case with respect to, but not limited to, the following matters:
• The compatibility with existing uses and zoning classifications of property within the general
area of the property in question;
• The compatibility of the surrounding property with the permitted uses listed in the proposed
zoning classification;
• The suitability of the property in question to the uses permitted under the existing and proposed
zoning classifications; and
• Consistency with the trend of development in the general area of the property in question, and the
objectives of the current Comprehensive Plan for the Village.
The Subject Property is adjacent to an existing commercial shopping center, multi - family residential
development, and industrial office /warehouse buildings. The proposed data center building would be in keeping
with the existing industrial land uses and the Village's Comprehensive Plan. The proposal meets the standards for
a Map Amendment because it is compatible with existing properties within the general area of the Subject
Property and the buildings will be designed and landscaped to have minimal impact on the adjacent
developments.
VARIATION STANDARDS
The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven
specific findings that must be made in order to approve a Variation. The following list is a summary of these
findings:
+ A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not
generally applicable to other properties in the same zoning district and not created by any person
presently having an interest in the property;
• Lack of desire to increase financial gain; and
• Protection of the public welfare, other property, and neighborhood character.
The project requires relief from the parking, landscape, and fence regulations. The Petitioner seeks a Variation to
reduce the required parking spaces from two hundred and sixty four (264) to one hundred sixteen (116), including
twenty four (24) land banked spaces. The proposed data center will only include 22,022 square feet of office
space. The remainder of the building will consist of storage areas for mechanical, electrical, and data center
equipment. Per the Petitioner, only eighty six (86) employees will occupy the building across two shifts. Staff is
supportive of this Variation as the majority of the building would be used for warehouse space to be used for
storage of equipment. The proposed parking spaces will meet the parking requirement for the office space. The
Petitioner will be required to construct the land banked parking spaces should Staff determine that additional
parking spaces beyond the ninety two (92) initially provided are required.
PZ -03 -12
Planning & Zoning Commission Meeting April 26, 2012 page 6
The Petitioner seeks a Variation to reduce the required number of trees from three hundred and one (301) to two
hundred forty five (245) trees. Per the Petitioner, the Variation is necessary for maintaining security visibility to
monitor the site. Staff is supportive of this request provided the remainder of the landscape requirements are met.
Finally, the Petitioner seeks Variations to allow a fence in the front yards along Dempster Street and Algonquin
Road and to allow an eight (8) foot tall fence when the maximum height permitted is five (5) feet. For security
reasons, the fence is proposed along the perimeter and up to eight (8) feet tall. Staff is supportive of the Variation
requests due to the nature of the proposed land use on the property. However, the fence line along Dempster
Street and Algonquin Road shall be set back a minimum of ten (10) feet from the property line so that there is
sufficient Iandscaping along the public right- of-way.
RECOMMENDATION
Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the
following motions:
"To recommend approval of:
A, a Map Amendment to rezone the Subject Property from B3 Community Shopping and RX Single Family
to I1 Limited Industrial;
B. a Variation to reduce the required number of parking spaces from two hundred and sixty four (264) to one
hundred sixteen (116), including twenty four (24) land banked spaces;
C. a Variation to reduce the required number of trees from three hundred and one (301) to two hundred forty
five (245) trees;
D. a Variation to allow a fence in the front yards along Dempster Street and Algonquin Roads; and
E. a Variation to increase the height of a fence from five (5) feet to eight (8) feet; subject to the following
conditions;
I . Approval of an Annexation Agreement.
2. Approval of a preliminary plat of subdivision prior to the issuance of a building permit.
3. Submittal of a final plat of subdivision within one year after receiving preliminary subdivision plat
approval by the Village Board.
4. Development of the site in general conformance with the site plan prepared by Graef USA, but revised to
provide a minimum of a ten (10) foot setback for the fence to allow landscaping in between fence and
front property lines;
5. Development of the building in general conformance with the building elevations prepared by Page
Southerland Page, but revised to stagger the north building facade in order to break up the visual expanse
of the structure;
6. Development of the building in general conformance with the floor plans prepared by Page Southerland
Page, dated March 14, 2012;
7. Development of the site in general conformance with the landscape plan prepared by Graef USA., but
revised to comply with Code;
8. Submittal of a photometric plan that complies with Sections 14.314 and 14.2219 of the Village Code;
9. Submittal of fixture cut- sheets for exterior lights that comply with Village Code;
10. Prior to the issuance of a Certificate of Occupancy, execution of a covenant, in a form acceptable to the
Director of Community Development, which authorizes the Village to require the property owner 1) to
use the land designated as land banked parking spaces for additional parking, and/or 2) to construct
additional parking spaces on site and /or provide the use of off-site parking pursuant to Sec. 14.2206 of the
PZ -03 -12
Planning & Zoning Commission Meeting April 26, 2012
Page 7
Village Code, in the event that the use intensifies so as to require more than the one hundred and sixteen
(116) parking spaces initially permitted. Such covenant shall be recorded at the Cook County Recorder's
Office, run with the land and specify the authority of the Village to require the additional parking, if and
when it deems necessary, subject to enforcement in the Circuit Court of Cook County;
11. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings
for review and approval by the Village. The engineering drawings shall include all site work including
utilities, storm water detention, and associated improvements;
12. Development of the site in accordance with all applicable Village Codes and requirements, including, but
not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code
regulations; and building regulations; and
13. A building permit, in accordance with the current regulations and requirements of the Village of Mount
Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the
Village Board which authorized the development proposal. The development approvals granted herein,
without need for further action by any Village board, commission or official, shall become null and void
if no building permit is issued within the one (1) year requirement and improvements completed within a
period of eighteen (18) months.
The Village Board's decision is final for this case.
I concur:
William J. Cooney, AICP
Director of Community Development
RIPLANT[anniog &Zoning C0MW&Z20tZ3taffRepaMs PZ.-03- 12120u E, AlgonquinM_UoiInl(,ZMA &VAR).do
I
Village of Mount Prospect
Community Development Department
CASE SUMMARY -- PZ- 04 -12
LOCATION: 1200 E. Algonquin Road
PETITIONER: United Air Lines, Inc.
OWNER: United Air Lines, Inc.
PARCEL #: 08- 23- 100 - 005 -0000, 08 -23 -100- 006 -0000, 08 -23-100 -007 -0000, part of 08-23- 100 -008-
0000
LOT SIZE: 16.5 acres (719,132 square feet)
ZONING: 11 Limited Industrial (after annexation and zoning map amendment is final)
LAND USE: Vacant and Parking Lot
REQUEST: Plat of Subdivision (modify property lines to create 1 -lot of record from 4 parcels)
LOCATION MAP
Village of Mount Prospect
Community Development Department
MEMORANDUM
Mom t Prospect
TO:
FROM:
DATE:
14EARING DATE:
SUBJECT:
BACKGROUND
MOUNT PROSPECT PLANNING & ZONING COMMISSION
RICHARD ROGERS, CHAIRPERSON
CONSUELO ANDRADE, SENIOR PLANNER
APRIL 16, 2012
APRIL 26, 2012
PZ -04 -12 / 1200 E. ALGONQUIN ROAD/ PRELIMINARY PLAT OF SUBDIVISION
(ONE -LOT SUBDIVISION)
A public hearing has been scheduled for the April 26, 2012 Planning & Zoning Commission meeting to review
the application by United Air Lines (the "Petitioner ") regarding the property located at 1200 E. Algonquin Road
(the "Subject Property"). The Petitioner is seeking approval of a Preliminary Plat of Subdivision that creates one
(1) lot of record. As required by the Village Code, Staff posted a Public Hearing sign on the Subject Property,
PROPERTY DESCRIPTION
The Subject Property is bordered by Dempster Street on the north, Algonquin Road on the south, Linneman Road
on the east, and commercial development, which fronts Busse Road, on the west end. The Subject Property
consists of three incorporated parcels zoned B3 Community Shopping and part of a parcel with is currently
unincorporated Cook County. The Petitioner is currently seeking to annex the unincorporated parcel of the
Subject Property into the Village of Mount Prospect's corporate limits.
SUMMARY OF PROPOSAL
The Petitioner would like to construct a data center on the Subject Property and is seeking approval of a
Preliminary Plat of Subdivision to create a one -lot subdivision. The Village code prohibits the construction of
buildings over property lines. Since the Subject Property is made up of several parcels, the Preliminary Plat of
Subdivision is required to create one lot of record.
The Subject Property would be rezoned to 11 Limited Industrial. Per the Village Code, the minimum lot size
required in the 11 Limited Industrial is two (2) acres. The Preliminary Plat of Subdivision indicates the proposed
lot would measure sixteen and one half (16.5) acres, which would exceed the minimum lot size required.
PLAT REVIEW
Staff has reviewed the plat and found that it was prepared in accordance with the Village Codes and Subdivision
requirements noted in Sec. 15.304.
Per the VilIage's Subdivision Code, the subdivision of Iand five (5) or more acres requires approval of both a
preliminary plat and final plat. A final plat of subdivision will be required to be submitted within one year after
PZ- 04-12
Planning & Zoning Commission Meeting April 26, 2012
Page 3
receiving preliminary subdivision plat approval from the Village Board. A recommendation by the Planning and
Zoning Commission and final action by the Village Board is required in both cases.
COMPREHENSIVE PLAN DESIGNATION
The Village's Comprehensive Plan designates the Subject Property as light industrial and office research. The
Petitioner's proposed subdivision and zoning map amendments are in keeping with the Village's designation.
RECOMMENDATION
Based on Staff's analysis above, Staff recommends that the Planning & Zoning Commission recommend
appr oval r oval of the following motion:
"To approve the Blue Sky Preliminary Subdivision to create a one -lot subdivision, as shown on the Petitioner's
preliminary plat for 1200 E. Algonquin Road, Case No. PZ- 04 -I2."
The Village Board's decision is final for this case.
I concur:
�
Director of Community Development
hl H:VLAWtaNdrkG & Zoning OOMMT&Z 2o12%S1a(f "nslPZ414 -]2 L20D E Algonquin Rd _United {Preliminary Plat of Subdivi sion),docx
fY[(3U[It 'Prf»I;CC t, (10 'S 00"
hone ;'347.8 i
FAX 847.8!8.5329
honing Request Appficaiion
z
Case Nunlbe.r
Telephone (day)
P &Z - -
c^
Variation from Scc. _14.2224 & 14.23 €14_ ❑ Text Amendment: Section(s)
y
Development Name/Address
E
P & Z Final F1
p
O
• Village Board Final p
Date of Submission
� w
04
Hearing Date
A �
14.2224 Request variance for parking, actual number of occupants = 86 across two shifts zoning re uires 162
z
space proposed 92. including 5 accessible spaces. We are showing an additional 24 proof of parking for
z
ZONING REQUEST (s):
Telephone (day)
❑ Conditional Use for Toning klap Amendment: From R4 to I -1
I
Variation from Scc. _14.2224 & 14.23 €14_ ❑ Text Amendment: Section(s)
i
(Office Only) ❑ Other:
P & Z Final F1
Corporation
• Village Board Final p
United Air Lines
CO
04
SUMMARY OF REQUESTED ACTION:
z
14.2224 Request variance for parking, actual number of occupants = 86 across two shifts zoning re uires 162
z
space proposed 92. including 5 accessible spaces. We are showing an additional 24 proof of parking for
�
additional spaces should either party determines in the future that additional spaces are warranted, for a total
State
of 116 spaces. The total facility only has 16, square feet of area for peop le; the balance of 172.525 square
Email
feet of area is for mechanical equipment, electrical equipment data center equipment, and other storage and
Chicago
support areas. United Air lines expect that 92 parking capacity will be more than enough for short term and
60601
long term future expansion need. United Air Lines is also attempting to achieve LEED Gold and would like to
w
reduce required_ parkin to o only what is needed. 14,2344 Landscape trees request variance to reduce number
of trees re uired from 322. to 241 for maintaining securit y visibilit to monitor site.
x
z
Name
Telephone (day)
Michael Landers
Corporation
Telephone (evening)
United Air Lines
o� Street
Address
Fax
a
A �
77 West Wacker Drive
NIA
�
City
State
Zip Code
Email
t
Chicago
IL
60601
w
x
Interest in Property
United Air Lines is the owner of all subject property.
Mount Prospect Department of Conmiunity Development Phone 847.818.5328
50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329
wlvw.mountprospect.org 1 TDD 847.392.6064
z
z
t7
z
P
W
4
O�
>a
ag
�
� z o
H
U
d
TO i'Utit
a �
' I
City
1 State %il, Cod
I ! �.at?tlil
Address(es) {Street ulrn
Nber. Street)
1200) E. Aigongquin Road
Lot Area (Sq.Ft) Zonincr District
71 9,132 R -4
Setbae
Front
N/A
Building Height
N/A
Adjacent Land Uses:
North: R -4
Multi - family
Rear
N/A
Lot Coverage a
N/A
South: 11
Limited Industrial
Total Building Sy. Ft.
0
Side
N/A
Standard Parking Spaces
N/A
East: XX —
Cook County (C -7)
Property Index Number(s): 0 8 – 2 3 -- '1 0 0 – 0 0 5
08-- ' 2 3 – i00 - 008
Sq. Ft. Devoted to Proposed
Use 0
Side
N/A
Accessible Panting Spaces
N /A
West: 133
Community Shopping
08- 23 - 100 - 6 - 0 - 6
0 8 - 23 - 100 - 007
Legal Description (attach additional sheets if necessary)
Part of Lot 1 in Friedrich Busse, Jr. Division of land recorded February 20, 1911 as
documented 4709799, in Section 23, Township 41 North, Range 11 East of the third principal
meridian, Cook County, Illinois.
Proposed Use (as listed in the zoning district)
I -1 Limited Industrial
Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards forthe Zoning
Request Approval (attach additional sheets if necessary)
The proposed building is a single story data center facility designed to withstand an EF4 tornado and required to remain
operational 24 hours a day, 7 days a week for 365 days a year. The facility includes -- 25,000 sf of computer server
racks for data storage and offices for – 86 employees to operate and maintain the facility. The rest of the building square
footage houses the mechanical and electrical systems, including 7 emergency generators, this is essentially a warehouse
for storing electronic data. No products leave this facility and it is not open to the public. This is an industrial
warehouse.
Hours of Operation
24 hours a d ay l7 d ays a week 1 365 days a year
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328
www.mountprospect.org 2 Fax 847.8I8.5329
TDD 847.392.6064
Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Street, mount Prospect Illinois Fax 847.818.5329
www.mountprospect.or(y ZP 3 TDD 847.392.6064
If"'J
Seback is
' rom No i i - -
76 ft 1 i"t
7,1s F
5 5 -?9
Lor Cove ravc. t r.
slar"da: parlkhl
Spac�s
Pafk�ffl;', Space's
87
Developer
Name Nlichaei J. Lar United Air ines
Telephone (day)
Chica o. ff., 60601
Email
�-
w7 "ey
FNIaroe
;X C7
�n
me R Patel it, R
Patel - Ui Air Lines
Telephone (day)
Z
Chicago, IL 60601
Email
ag
Surveyor
Name William Flemimy / Graef - USA
Telephone (clay)
Chicago. IL 60631
Email
Engineer
Name Mark Youn.-quist / Graef USA
-------------
Telephone (day)
Architect
Name Michael 7. Mace / Page Southerland Page
Page 0
Telephone (day)
Landscape Architect
Name Patrick Kressin I Graef - USA
Telephone (day)
Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Street, mount Prospect Illinois Fax 847.818.5329
www.mountprospect.or(y ZP 3 TDD 847.392.6064
.- ?Ctrl'.'1!i l:i .1 J' ✓'ti a? 'itEt i;i l�L ?C LU[ . ;:i .... ���C .i:� �lli _'L i-r .. r� _ ?�', 1 ?`i_ ! ,_4.:�_:..'1�aE 'i(lr I'ii t: ?r::' :[.;?!
will i ?GL ill, _icCCpted. It Is 1 ° vll_ l' iiE�iBSi'_Ce dhaC 'he t [ d � 'a'i !� tl' iCi;I'r, ` %. u. So !;pat
_ t it!f3_]t r S� h [ an kll:(7(.,.l:i.,_ t ' +,.r._ e Or` ul l S"
6I ='dtc:.a!S atl i'C 1' ' ::i':V(t ''or '
E1C4LIl'::IC' ;lRt Ji'iipi ,.i]; 1 5
5 . L Lril' t:;� - 1C JI ]ilLteititLLi
_n consideration oi' the intor�latioR i_i ;nta.in:::i In 11t7 DeL :-GC'n as y` eil as all supportlll` tl(ie:U1110niat'eon, ?t i s ri:C[I.ieSCtiCI that approval he
i
o:,ri a to this request. The applicant is the owner Ur authorized reprQsentat of the c` ;✓ner of the property. The petitioner and the
f3`Rrner of the property grant 'emiplo` ,, ,Cs of the Villa e C7t i /it5ttnt roSpce;t and illtiE' 3-ei:t'1 pt'li'ni5ston CG `.'.!2ti:r on the property (luring
reasonable hours for v isual !ilspe;CtIOi] of the subject prope;t =✓,
i hereby affirm that all information provided herein and in ail nlaterials submitted in association with this application Lie true and
accurate to the , t of m knowl °cl4e.
J
u'
Print ]`lame Michael J. Landers
If applicant is not property owner:
I hereby designate the applicant to act as my agent for the purpose of seeking the zoning rcquest(s) described in this application and
the associated supporting material.
Property
(sio,nature)
.Date
Print Name Michael J. Landers
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
VILLAGE OF MOUNT PROSPECT L ititprospm
COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847 -8.18 -532$
FAX 847 -818 -5329:
Plat Application ,t �� _ _.
Z
Case Num
".y ber
Subd Name /Address 'f3R1t :
C 0
1 ��j Ji1'1�71
z w
Date of Su mission
5[
q Hearing
Date
APPLICANT: Name
Telephone (day)
Michael J. Landers
Corporation
Telephone (evening)
United Air Lines
Street Address
Fax
77 West Wacker Drive
N/A
City
State
Zip Code
E -mail
Chicago
IL
60601
p Interest
in Property
Attorney Architect Contractor Owner Buyer Other:
p ❑Property
owner same as applicant
PROPERTY OWNER:
Telephone (day)
A
Corporation
Telephone (evening)
94
United Air Lines
Street Address
Fax
77 West Wacker Drive
N/A
City
State
Zip Code
E -mail
Chicago
IL
60601
SURVEYOR/ENGINEER:
Name William Fleming / Graef - USA
Telephone
Address 8501 West Higgins Road, Suite 280
Fax
Chicago, IL 60601
E -mail
TYPE OF FLAT:
O
❑ Consolidation ❑ Easement Dedication ❑ Annexation ❑ Condominium
fl wi Resubdivision or ❑ Vacation ❑ Disconnection El Other
z Subdivision
E�
TITLE OF PLAT: Blue Sky Subdivision
a
Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Street, Mount Prospect IIlinois Fax 847.818.5329
1
SUMMARY OF REQUESTED ACTION: Subdivision of the subject property and annexation of Rroposed Lot 2 of
the Blue Sky Subdivision into Mount Pros ect.
LOCATION OR ADDRESS: 1200 E Algonq Road
PROPERTY INDEX NUMBER (PIN) 0 8 -- 2 3 - 1 0 0 --- 0 0 5 08-23-100-006
08 -23 -100 -008 08 -23 -100 -00.7
(List additional if necessary)
LAND USE: EXISTING None PROPOSED Industrial -Data Center
R -7 Cook County /
ZONING: EXISTING R4 V of Mt. _ Prospe PROPOSED 1-1
TOTAL ACREAGE: 6.509 GROSS SQUARE FOO'T'AGE: 719,131 TOTAL # OF LOTS: 2
IF RESIDENTIAL SUBDIVISION:
Number of dwelling units: Single Family: Multi- Family: Townhouses:
VARIATIONS: If requesting an exception to the Zoning Ordinance or Subdivision Code requirements, list request and explain why it
is necessary:
14.2224 Request variance for parking, actual number of occup ants = 86 across two shifts zoning requires 162 spaces
ro osed 92 including 5 accessible s aces. We are showing an additional 24 proof of parking for additional spaces
should either party determines in the future that additional spaces are warranted for a total of 116 spaces. The total
facility only has 16.094 square feet of area for people; the balance of 172,525 square feet of area is for mechanical
equip ment. electrical eq uipment, data center eq and other storage and support areas. United Air lines expect that
92 parking capacijy will be more than enoug for short term and long term future expansion need. United Air Lines is
also attempting to achieve LEED Gold and would like to reduce required p arking to only what is needed. 14.2304
Landscape trees request variance to reduce number of trees, required from 322, to 241 for maintaining security visibility to
monitor site.
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 Community Development Department's Planning Division. Incomplete submittals
will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to discuss
the review process and that the 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.
1 hereby affirm t all�info ati n prov d herein and in all materials submitted in association with this application are true and
accurate to b t my ow d e. {
Applican . Date 4 „
( ignature
Print Name
If applicant is not property owner:
I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the
associated supporting material.
Property Owner:
(Signature)
Print Name
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
Date
Phone 847.818.5328
Fax 847.818.5329
2
N6 1
AM
|
-
11 logdm.Lw
Jill
H Jill lo
I Jill 1 11
al-11
LIJ
IC
94
lit
ELEU
An
lot
7
let All
. ..... s
A
is
1
1 lit All
lit w!
7 7�1
li
till,
I
I
MOM
� :\
C:
0
�;�, ° °ss
m
os
`spa � H E g C Z
MW
P
b -
11II 9 } q or 3..60.9 > .009
4 E E ass � „�s °t�g �� yy �s;s�' / /
68 .2
g���p����.��.
4 $�-0
gf ; -
€ ° g ae A7 _ n
5l s _
PV
I Fri ^� €g�SB 3�
« �mg ° m k e . - �� co ° E a
ice o $` 8 °� gF ? /'C `�' / €f .,
o sgxe� °s�gs�:s s°s:s� _ s I� / sink i s
A05YY
I. A lt
5 b
■
+xmeA n a I f 8 g `a ;�� N � e I / m T °£ z }h
- a te
al I I �S 9-
p. G .b6'LSS !
3..6Z .fY .105 :/ x
�b Ax
f
4g}
a I g
- all
Jr v
lof 7«
M6
�s " c
1 1 a O �
cn
2 t
as m a�
Ma
�ssp oos ml
LU
R� �Ead o Fge; ° 3p 8 C ho /
taij .k�.8 _ 3 adss�
J+wu�wr WJ N �E Joa3 7Ywu l
I
o �� R
� o l•
r1 0 4 z i
ra �s
Aw
5.-
3 .AO AY AO S
S ag'g�SgmFa� 5� ? 'C
@ SSS =
� w
t
1 0 %
Y
@SE�
V /6 7
X04 ° /
£U P.
RIP
,. Pit � �oSfiE - fog
na .ns
/ R
o
& 8
`3ig g
set � s
F�� gl
boo �
�Fk= S�r��g
po
- S
4-8; -
r b
bLv
m� a _
_ €
€€ u g g n i gy
Z v ¢
s
E
ra �s
Aw
5.-
3 .AO AY AO S
S ag'g�SgmFa� 5� ? 'C
@ SSS =
� w
t
1 0 %
Y
@SE�
V /6 7
X04 ° /
£U P.
RIP
,. Pit � �oSfiE - fog
na .ns
/ R
o
& 8
`3ig g
set � s
F�� gl
o
& 8
`3ig g
set � s
F�� gl
_
11 '13�60bd 1W
CC
Ilk
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT BY AND BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND UNITED AIR LINES, INC.
(BLUE SKY DEVELOPMENT)(PORTION OF 1200 EAST ALGONQUIN ROAD)
WHEREAS, United Air Lines, Inc., a Delaware corporation (hereinafter the "Owner "), is
the owner of the real estate described in Exhibit A of the Annexation Agreement referred to
below (hereinafter the "Property "); and
WHEREAS, Owner desires to enter into an Annexation Agreement (hereinafter the
"Annexation Agreement ") concerning the Property, and is ready, willing and able to enter into
said Agreement and to perform the obligations as required thereunder; and
WHEREAS, a true and correct copy of such Annexation Agreement is attached hereto
and made a part hereof as Exhibit A; and
WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County,
Illinois, did hold a public hearing on May 15, 2012 to consider the Annexation Agreement for the
annexation of the Property, which is not presently within the corporate limits of any municipality
but is contiguous to the Village of Mount Prospect, and
WHEREAS, the statutory procedures provided in Chapter 65 ILCS 5/11- 15.1 -1 through
5/11- 15.1 -15, as amended, for the execution of said Annexation Agreement have been
complied with; the public hearing on said Agreement having been held pursuant to proper
notice; and
WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County,
Illinois, have determined that it is in the best interests of the Village of Mount Prospect that said
Annexation Agreement be entered into by the Village of Mount Prospect.
NOW, THEREFORE, BE IT RESOLVED 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 1 : The Preambles hereto are hereby made a part of, and operative provisions
of, this Ordinance as fully as if completely repeated at length herein.
SECTION 2 : The Corporate Authorities of the Village of Mount Prospect hereby find
that it is in the best interests of the Village of Mount Prospect and its residents that the aforesaid
"Annexation Agreement" be entered into and executed by said Village of Mount Prospect, with
said Agreement to be substantially in the form attached hereto as Exhibit A.
SECTION 3: The President, for and on behalf of the Village of Mount Prospect, is
hereby authorized within her discretion to execute the Annexation Agreement.
SECTION 4 : The President and Village Clerk, for and on behalf of the Village, are
hereby authorized to execute any documents and to perform any acts necessary to effect the
fulfillment of all the terms and conditions of the Annexation Agreement.
SECTION 5 : This Resolution shall be effective immediately from and after its
passage by two - thirds of the Corporate Authorities and approval.
PASSED and APPROVED this day of May 15, 2012, by two - thirds of the Corporate Authorities
on a roll call vote as follows:
AYES:
NAYS:
ABSENT:
ATTEST:
M. Lisa Angell
Village Clerk
Irvana K. Wilks
Mayor
H: \CLKO \files \WIN \ORDINANC \UAL - resolution Annexation AgreementMay152012.DOC
UAL- resolution Annexation Agreementmay152012 (2).DOC 2
*A:I I -3I rd
ANNEXATION AGREEMENT
UAL- resolution Annexation Agreementmay152012 (2).DOC
II:Iu: " "" ....... IIY" 1 1 , "201 "
ANNEXATION AGREEMENT
UNITED AIR LINES DEVELOPMENT)
This Annexation Agreement (hereinafter referred to as the "Annexation
Agreement" or "Agreement ") is made and entered into this 15 day of May, 2012, by and
between the Village of Mount Prospect, Illinois, an Illinois home rule municipal
corporation ( "Village "), and United Air Lines Inc.
collectively referred to as the "Parties ")
WITNESSETH:
( "Owner ") (sometimes
WHEREAS, Owner is the owner of record or certain real estate, the legal
description of which is set forth in attached Exhibit "A" ( "Annexation Realty ") ; and
WHEREAS, the Annexation Realty constitutes territory which is contiguous to the
corporate limits of the Village and may be annexed to the Village as provided in Article
VII of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2004, as
amended); and
WHEREAS, the Village desires to annex and the Owner desires to have the
Annexation Realty annexed to the Village and each of the Parties desires to obtain
assurances from the other as to certain provisions of the zoning and other ordinances of
the Village for the Annexation Realty when the Annexation Realty has been annexed
and to other matters covered by this Agreement for a period of twenty (20) years from
and after the execution of this Agreement; and
WHEREAS, the Annexation Realty is an approximately 13.60 acre parcel of land
on which no electors reside; and
287005_1 1
WHEREAS, all owner(s) of record of the Annexation Realty have signed a
Petition for Annexation of the Annexation Realty to the Village ( "Annexation Petition ");
and
WHEREAS, an application has been filed with the Village Clerk for zoning of the
Annexation Realty and for the granting of certain variances; and
WHEREAS, the application was forwarded to the Planning and Zoning
Commission of the Village; and
WHEREAS, a public hearing was held on April 26, 2012, for the purpose of
considering whether, upon its annexation, the Annexation Realty should be granted
certain zoning relief and rezoned from the R -X Single Family Residence District to the 11
Limited Industrial District under the Village Zoning Ordinance ( "Zoning Ordinance "), and
the Planning and Zoning Commission has submitted to the Corporate Authorities of the
Village ( "Corporate Authorities ") the Planning and Zoning Commission's findings of fact,
recommendations and decision, where appropriate, with respect to said application; and
WHEREAS, on May 15, 2012, the Village, after notice in accordance with Section
5/11- 15.1 -3 of the Code, held a public hearing concerning this Annexation Agreement;
WHEREAS, the Parties wish to enter into a binding agreement with respect to
this annexation, zoning and development and for other related matters pursuant to the
provisions of Division 15.1 of Article 11 of Act 5 of Chapter 65 of the Illinois Compiled
Statutes, and upon the terms and conditions contained in this Agreement; and
WHEREAS, all public hearings and other actions required to be held or taken
prior to the adoption and execution of this Agreement, in order to make the same
effective, have been held or taken, including all hearings and actions required in
287005_1 2
connection with any variations from, amendments to and classifications under the
various sections of the Codes, regulations and Ordinances of the Village ( "Village
Municipal Code "), including the Zoning Ordinance, such public hearings and other
actions having been held pursuant to public notice as required by law and in
accordance with all requirements of law prior to adoption and execution of this
Agreement; and
WHEREAS, the Corporate Authorities of the Village and the Owner deem it to be
to the mutual advantage of the Parties and in the public interest that the Annexation
Realty be annexed to and developed as a part of the Village; and
WHEREAS, the development of the Annexation Realty as provided in this
Agreement will promote the sound planning and development of the Village as a
balanced community and will be beneficial to the Village and its current and future
residents; and
WHEREAS, the Owner has proposed to develop the Annexation Realty as an
office /warehouse development; and
WHEREAS, the Corporate Authorities of the Village have examined the proposed
uses by Owner and have determined that those uses and the development of the
Annexation Realty in accordance with this Agreement comply with the Comprehensive
Plan of the Village; and
WHEREAS, the Planning and Zoning Commission have recommended that
certain zoning relief be granted from the Village Municipal Code, and that the
Annexation Realty be rezoned to the 11 Limited Industrial District, as provided in this
Agreement; and
287005_1 3
WHEREAS, the Owner desires to have the Annexation Realty rezoned to the 11
Limited Industrial District under the Zoning Ordinance; and
WHEREAS, the Corporate Authorities have determined that entering into this
Agreement is in the best interests of the Village.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, it is hereby agreed by and between the
Village and Owner as follows:
1. INCORPORATION OF RECITALS The Village and Owner agree that the
foregoing recitals are incorporated in this Agreement as if fully set forth.
2. ANNEXATION
Subject to the provisions of Article 7 of the Illinois Municipal Code, the Parties
agree to do all things necessary or appropriate to cause the Annexation Realty to be
duly and validly annexed to the Village. The Village shall annex the Annexation Realty,
subject to the applicable provisions of law and the terms and conditions set forth in this
Annexation Agreement.
3. ZONING
Upon annexation, the Annexation Realty, as depicted on the Preliminary Plat of
Subdivision, dated March 14, 2012 and attached as Exhibit "B," shall be rezoned from
R -X Single Family District to 11 Limited Industrial District, with the following relief
granted from the Village Zoning Ordinance:
(A) a Variation to reduce the required number of parking spaces from two
hundred and sixty four (264) to one hundred sixteen (116), including twenty
four (24) land banked spaces;
287005_1 4
(B) a Variation to reduce the required number of trees from three hundred and
one (301) to two hundred forty five (245) trees;
(C) a Variation to allow a fence in the front yards along Dempster Street and
Algonquin Roads; and
(D) a Variation to increase the height of a fence from five (5) feet to eight (8) feet;
subject to the following conditions:
1. Approval of an Annexation Agreement.
2. Approval of a preliminary plat of subdivision prior to the issuance of a
building permit.
3. Submittal of a final plat of subdivision within one year after receiving
preliminary subdivision plat approval by the Village Board.
4. Development of the site in general conformance with the site plan
prepared by Graef USA, but revised to provide a minimum of a ten (10) foot
setback for the fence to allow landscaping in between fence and front property
lines;
5. Development of the building in general conformance with the building
elevations prepared by Page Southerland Page, but revised to stagger the north
building fagade in order to break up the visual expanse of the structure;
6. Development of the building in general conformance with the floor plans
prepared by Page Southerland Page, dated March 14, 2012;
7. Development of the site in general conformance with the landscape plan
prepared by Graef USA., but revised to comply with Code;
287005_1
8. Submittal of a photometric plan that complies with Sections 14.314 and
14.2219 of the Village Code;
9. Submittal of fixture cut - sheets for exterior lights that comply with Village
Code;
10. Prior to the issuance of a Certificate of Occupancy, execution of a
covenant, in a form acceptable to the Director of Community Development, which
authorizes the Village to require the property owner 1) to use the land
designated as land banked parking spaces for additional parking, and /or 2) to
construct additional parking spaces on site and /or provide the use of off -site
parking pursuant to Sec. 14.2206 of the Village Code, in the event that the use
intensifies so as to require more than the one hundred and sixteen (116) parking
spaces initially permitted. Such covenant shall be recorded at the Cook County
Recorder's Office, run with the land and specify the authority of the Village to
require the additional parking, if and when it deems necessary, subject to
enforcement in the Circuit Court of Cook County;
11. Prior to the issuance of a development permit, the petitioner shall provide
final civil engineering drawings for review and approval by the Village. The
engineering drawings shall include all site work including utilities, storm water
detention, and associated improvements;
12. Development of the site in accordance with all applicable Village Codes
and requirements, including, but not limited to, detention requirements, Fire
Prevention Code regulations, lighting regulations, Sign Code regulations; and
building regulations; and
287005_1 6
13. A building permit, in accordance with the current regulations and
requirements of the Village of Mount Prospect, must be issued within one (1)
year from the date of adoption of the enabling ordinance by the Village Board
which authorized the development proposal. The development approvals
granted herein, without need for further action by any Village board, commission
or official, shall become null and void if no building permit is issued within the one
(1) year requirement and improvements completed within a period of eighteen
(18) months.
4. SUBDIVISION APPROVAL
To the extent a Preliminary Plat of Subdivision as defined in the Village Municipal
Code is not approved simultaneous with this Agreement, the Village shall approve the
Preliminary Plat of Subdivision, attached as Exhibit B," within twenty -one (21) days of
the annexation of the Annexation Realty.
5. DEVELOPMENT
The Annexation Realty shall be developed in accordance with the Site Plan
prepared by Graef USA, attached as Exhibit "C."
There will be developed and constructed on the Annexation Realty a one story
building to be constructed in two phases in accordance with Exhibit "C ". The building
facades, architectural style and details shall be as shown on the elevations attached as
Exhibit "D."
6. PERMITS AND APPROVALS
287005_1 7
Upon annexation of the Annexation Realty and the approval of the Preliminary
Plat of Subdivision, the Village shall issue all necessary permits and approvals for
development of the Annexation Realty in accordance with this Annexation Agreement
and the applicable regulations of the Village and any other governmental agencies
having jurisdiction over the property.
7. EASEMENTS
To the extent the Preliminary Plat of Subdivision, attached at Exhibit "B," does
not provide for easements the Village may require on or within the Annexation Realty,
Owner shall provide all easements on or within the Annexation Realty, which may be
reasonably required by the Village to enable the Annexation Realty to receive water,
provide for storm water drainage and detention, sanitary sewer, electric, telephone, gas
and cable television service. The Village shall be a named grantee in all such
easements along with the applicable utility companies and cable television operator.
The location for all public improvements and final engineering plans shall be subject to
Village approval.
8. FEES /CHARGES /STANDARDS
Owner agrees to pay all building permit fees and similar permit fees, including
applicable water main and sanitary sewer connection charges, as required by the
Village Municipal Code at the time of the application for respective permits. The Village
shall not impose any fee or charge upon the Annexation Realty, which is not required by
the Village Municipal Code as of the date of this Annexation Agreement. The Village
may impose new fees or increase permit fees, plan review and inspection fees and
license fees that are applicable to or required to be paid by the Owner, contractors,
287005_1 8
subcontractors, material suppliers, or others performing the work or supplying materials
in connection with the development of the Annexation Realty. However, such new fees
or increases shall not take effect regarding Annexation Realty for a period of six (6)
months after the passage of the increase. If, during the term of this Annexation
Agreement, any such fees applicable to any area in the Village or any particular type of
work are reduced, the fees applicable to the Annexation Realty and to the type of work
being done on the Annexation Realty shall be reduced accordingly.
If, during the term of this Annexation Agreement, any existing, amended,
modified, or new ordinances, codes, or regulations affecting the Zoning, Variances,
subdivision, development, construction of improvements, buildings, or appurtenances,
or any other development of any kind or character on the Annexation Realty are
amended or modified in a manner to impose less restrictive requirements, such
requirements shall inure to the benefit of the Owner and the Annexation Realty, and
anything in this Annexation Agreement to the contrary notwithstanding, the Owner may
elect to proceed with respect to the development of or construction on the Annexation
Realty on the less restrictive amendment or modification applicable generally to all
properties within the Village.
9. CONTRIBUTIONS.
Except as set forth in 10 below, Owner shall not be required to make any land,
cash and /or other donation to any school, park /recreation, fire, police or library district or
unit or any other governmental entity during the term of this Agreement, provided
nothing in this Agreement shall limit Owner's obligation to pay ad valorem real estate
taxes uniformly applied to any property within the Village, District or unit.
287005_1 9
10. FIRE DISTRICT
It is the Village's and the Owner's intent that, by operation of law and in
accordance with Illinois Compiled Statutes, Chapter 70, Section 705/20, the Annexation
Realty shall, upon its annexation to the Village, be disconnected from the fire protection
district in which it is located at no cost to the Village. The Village agrees to cooperate
with the Owner in such disconnection. Owner and /or the successor owner of any lot
platted within the Annexation Realty shall be responsible for the disconnection and shall
reimburse the Village for any funds expended by the Village, including, but not limited
to, any payments required by 70 ILCS 705/20(e), and any legal fees and litigation costs.
The Village shall provide notice to the fire protection district in the manner required by
law.
11. ROAD IMPROVEMENTS
The Village shall take such steps necessary to cause the transfer of dedication of
Dempster Street and Algonquin Road, from the Township of Elk Grove to the Village or
any agency designated by the Village, all as shown on the Preliminary Plat of
Subdivision attached as Exhibit "B."
The Owner shall pay the actual costs to improve the portions of Algonquin Road
and Dempster Street contiguous to the Annexation Realty, all in accordance with
engineering plans as may be approved by the Village and, as applicable, the Illinois
Department of Transportation. Those improvements shall include those required
pursuant to Section 15.402, Development Requirements, of Article IV, Development
Procedures and Regulations, of the Village Municipal Code.
287005_1 10
12. LIST OF ALL CONTRACTORS ON EACH DEVELOPMENT SITE The
Owner shall have the continuing responsibility for maintaining and supplying the
Village's Chief of Police with a current and accurate list of all contractors and major
subcontractors, and their after -hours telephone numbers, while they are undertaking
construction of improvements on the Annexation Realty.
13. UNDERGROUND UTILITIES Owner shall have the right to raise in
accordance with the requirements of the utility owning such overhead lines (in the
instance of clauses (i) and (ii), "Excepted Above Ground Utilities ") - (i) those overhead
utility lines along Dempster Street and Algonquin Road, and (ii) the existing overhead
utility lines (but not any newly constructed utility lines) along Dempster Street and
Algonquin Road. All other utilities on the Annexation Realty (including all ROW and
adjacent utility easements) or newly constructed off -site utilities to service the
Annexation Realty, including but not limited to, all electrical, telephone, cable television
and natural gas distribution facilities (excluding temporary services during development
and electrical transformers and meters for natural gas and electricity, shall be installed
underground or located within buildings at the time of development of the Annexation
Realty.
14. UTILITIES (WATER). This provision to be determined.
15. REASONABLENESS OF FEES AND CHARGES Owner further agrees
that the charges, fees and easements required by this Agreement are reasonable in
amount, where applicable, and are reasonably related to and made necessary by the
development of the Annexation Realty.
287005_1 11
16. REQUIRED FUTURE FINAL SITE PLAN AND FINAL ENGINEERING
IMPROVEMENT PLAN APPROVALS All approvals for final site plans and engineering
improvement plans shall be submitted to the Village Administration, Boards and
Commissions for recommendations, review and approval in accordance with Village
procedures. Notwithstanding any other language of this Annexation Agreement or any
other documents, regulations or claims to the contrary, the Owner shall be required to
submit Final Site Plans to the Planning and Zoning Commission for a public hearing and
Site Plan approval, if requested to do so by the Director of Community Development.
The public hearing shall not be for the purpose of determining the appropriateness of
the use or the application of the standards for re- zoning or variances approval as found
in the Zoning Ordinance. Rather, the public hearing and consideration of the Site Plan
shall be for the purpose of determining the capability of the applicant to execute the
proposed plan, and the appropriateness of the proposed planning, engineering and
design for the site. Because of the potential traffic generation, particular attention shall
be given to the traffic engineering and the Owner shall comply with all requirements of
the Village's traffic engineering consultant.
17. FAILURE TO COMPLETE WORK OR MAINTENANCE The work of
constructing any building, utility, road and site and landscape improvements shall be
prosecuted diligently from its commencement through completion. Unless otherwise
specifically authorized in writing by the Village, the construction of buildings and
installation of utility, site and landscape improvements shall be completed in accordance
with a schedule approved by the Village Staff, including any modification resulting from
acts of God and Owner's commercially reasonable assessment of market conditions
287005_1 12
affecting the Annexation Realty and its improvements (hereinafter the "market
conditions ")
In the event the Owner (in the sole discretion of the Village) fails to comply with
the provisions of this Paragraph 17, pertaining to completion of work or maintenance
obligations, the Village shall serve notice on the Owner of such non - compliance in
writing. If the Owner fails to commence the performance of such work within the
allocated time (which shall be not less than 30 days after receipt of notice of non-
compliance) and thereafter diligently pursue its completion (subject to acts of God and
the aforesaid market conditions), the Village may perform or cause to be performed any
and all necessary work and submit all costs and expenses to the Owner for prompt
payment. If the Owner fails to reimburse the Village for the costs and expenses within
60 days after rendition of a reasonably detailed invoice; the Village may exercise its
right to file a lien on the Lot or Lots on which the incomplete or unmaintained use or
structure is located. Promptly after the Village's receipt of a written request from the
Owner(or its successor(s)), the Village agrees to deliver to Owner (or its successor(s)) a
statement of whether there are any such unpaid costs or expenses, and if so, the
amount.
18. CONSTRUCTION MANAGEMENT PLAN As part of the application to
the Village for a building permit for the Annexation Realty, the Owner shall provide the
Village with a Construction Management Plan, subject to reasonable approval by the
Village, that specifies the plan for all means of ingress and egress (including that for
emergency vehicles) to and from the Annexation Realty. The plan shall also include the
location of all temporary structures, trailers, signs, restrooms and areas designated for
287005_1 13
parking for construction employees. Except for signs, all temporary structures shall be
placed as inconspicuously as possible, but to nonetheless allow for view from a police
or fire vehicle. The required placement of temporary structures shall not cause
inconvenience to Owner or its contractors or to the owners and occupants of adjoining
property. The plan shall contain the following statement: "Temporary buildings,
structures, signs and trailers shall be permitted for construction purposes only, and shall
only be permitted during the construction of a permanent building or other
improvements. The temporary structures shall be removed prior to the time a
Temporary or Final Certificate of Occupancy is issued."
19. EQUIPMENT AND CONSTRUCTION SITE All construction equipment
used in clearing, excavating, grading or constructing a structure shall be loaded and
unloaded only within the boundary lines of the building site. During clearing,
excavating, grading or constructing, the Owner and its contractors shall cause the roads
bordering the Annexation Realty to be kept clear of all dirt and debris. Any debris or
soils spilled on any offsite roadway within the Village of Mount Prospect shall be
cleaned by the Owner within one hour of the spill. Upon completion of any construction,
the Owner and its contractors shall cause all such roads, private drives, parking areas
and adjoining roads to be "broom clean" of all debris and dirt caused by such
construction.
20. IMPROVEMENT SCHEDULES. UNCOMPLETED BUILDINGS. ROADS
PARKING AREAS, LANDSCAPE IMPROVEMENTS AND UTILITIES If in the event
construction of any building, road, parking area or installation or any necessary utility
has been commenced and ceases for a period of six (6) months, or falls behind the
287005_1 14
approved schedule (except for events caused by acts of God) by one (1) year, the
Owner, upon written demand by the Village, shall raze and remove any uncompleted
building, and landscape the affected area in accordance with Village standards.
Installation of the required road, utility and storm water management system shall be
completely installed and operational according to the subject schedule.
21. SUPERSEDING GOVERNMENTAL REQUIREMENTS Notwithstanding
anything to the contrary contained in this Annexation Agreement, if Federal, State or
County regulations are more stringent than the requirements of the Village and the more
stringent standards preempt the Village's standard and are required by law to be
applied to the Property, then the Village shall have the right to apply the more stringent
standards.
22. TEMPORARY CONSTRUCTION ROAD Owner agrees to maintain the
surface of any temporary construction road, and keep the road clear of snow,
construction debris and materials, and construction and employee vehicles at all times
so that it is accessible by public safety and other emergency vehicles.
23. COMBUSTIBLE MATERIALS Except as may be necessary for the
refueling of construction equipment, no combustible materials may be delivered to the
site of any construction on the Annexation Realty until water and all fire hydrants are
available on the Site.
24. DECLARATION Any declaration, covenants and restrictions required to
be placed of record by the Owner shall be subject to the reasonable approval of the
Village Attorney to insure compliance with this Annexation Agreement and all applicable
Village codes and ordinances. Such documents shall include a provision by which the
287005_1 15
Village has the right, but not the obligation, to enforce the covenants and obligations of
encumbered Parties or property. At the cost and expense of the association or owner
or owners so encumbered, the Village shall have the further right, upon thirty (30) days
written notice specifying the nature of the default, to enter on common open spaces and
cure or cause the cure of those defaults whose cure had not been commenced within
thirty (30) days after receipt of such notice and that have not been diligently prosecuted
to completion. The Village shall also have the right to charge or place a lien on the
applicable portion of the Annexation Realty for the repayment of such costs and
expenses, including reasonable attorneys' fees, for enforcing such obligations.
Promptly after the Village's receipt of a written request from the Owner (or its
successor(s) or assign(s)), the Village agrees to deliver to Owner (or its successor(s) or
assign(s)) a statement of whether there are any such unpaid costs or expenses, and if
so, the amount of such expense.
25. SEPARABILITY
The provisions hereof shall be deemed to be separable, and if any section,
paragraph, clause, provision or item herein shall be held invalid, the invalidity of such
section, paragraph, clause, provision, or item shall not affect another provision hereof,
provided, however, the Village shall under no circumstances be required to incur any
liability or loss or incur any expense for any reason in the event that any such section,
paragraph, clause, provision or item is held invalid.
26. NOTICE
Unless otherwise notified in writing, all notices, requests and demands shall be in
writing and shall be delivered to or mailed by certified mail, return receipt requested, as
287005_1 16
follows (such notices mailed shall be considered as served on the date of the
postmark):
If to OWNER: United Air Lines Inc.
Michael Landers
77 W. Wacker Drive
Chicago, IL 60601
Attention:
With a copy to: Andrew P. Scott
Dykema
10 South Wacker Drive
Suite 2300
Chicago, IL 60606
Attention:
If to VILLAGE: Village of Mount Prospect
Department of Community Development
50 South Emerson Street
Mount Prospect, IL 60056
With a copy to: Mr. Everette M. Hill, Jr.
Klein, Thorpe & Jenkins, Ltd.
20 N. Wacker Drive
Suite 1660
Chicago, Illinois 60606 -2903
or to such other address as any party may from time to time designate in a written
notice to the other parties.
27. GENERAL PROVISIONS.
A. Facilitation Of Development. It is understood and agreed that the
successful consummation of this Agreement and the development of the
Annexation Realty is in the best interests of Owner and the Village
requires their continued cooperation. Subject to the terms of this
Agreement, Owner hereby evidences its intention to fully comply with all
287005_1 17
the Village requirements and its willingness to discuss any matters of
mutual interest that may arise, as well as its willingness to assist the
Village to the fullest commercially reasonable extent. The Village does
hereby evidence its willingness to, when reasonably requested, cooperate
in the resolution of mutual problems, and its willingness to facilitate the
development of the Annexation Realty, as contemplated by the provisions
of this Agreement. This shall include but not limited to cooperating with
Owner as an applicant or otherwise to enable Owner to obtain all
governmental approvals or permits reasonably necessary for the
development of the Annexation Realty in accordance with this Agreement
from all federal, state, county and other governmental or quasi-
governmental entities. This shall include but not limited to the Federal
Highway Department, the Illinois Department of Transportation, the Illinois
Environmental Protection Agency, the Elk Grove Township Highway
Department and /or the Army Corps of Engineers. The Village and Owner
shall do all things necessary or appropriate to carry out the terms and
provisions of this Agreement and to aid and assist each other in carrying
out the terms and objectives of this Agreement. This shall include, without
limitation, the giving of such notices, the holding of such public hearings,
the enactment by the Village of such resolutions and ordinances, and the
taking of such other actions as may be necessary to enable the Village's
and Owner's compliance with the terms and objectives of this Agreement.
B. Continuity of Obligations
287005_1 is
(i) Except as otherwise may be provided, the provisions of this
Agreement shall be binding upon the successors and assigns in
title to the Owner.
(ii) In the event of any sale, transfer or conveyance by Owner of any
portion of the Annexation Realty, Owner shall notify the Village in
writing, within ten (10) working days after the closing of such sale,
transfer or conveyance, of any and all successors and assigns in
title to all or any portion of the Annexation Realty. Such written
notice shall include the name(s) of such successor(s) and assigns,
the date of such sale, transfer or conveyance, and a copy of the
title commitment identifying the grantee, the real estate sold,
transferred or conveyed, and such other information as is usually
and customarily included in a title commitment for the sale, transfer
or conveyance of real estate. Failure to give timely notice shall not
constitute a default, but shall be governed by the remaining
provisions of this Paragraph 27B.
(iii) Upon the condition that the requirements of this Paragraph 27B
have been met, this Agreement shall be binding upon Owner's
successors and assigns. However, only those benefits specifically
assigned by Owner in writing to any successor owner or assign
shall inure to the benefit of such successor owner or assign.
Further, this Agreement shall be binding upon the Village and the
successor Corporate Authorities of the Village and any successor
287005_1 19
municipality. Notwithstanding any provision of this Agreement to
the contrary, in the event that the requirements of this Paragraph
27B have not been met, this Agreement shall be binding upon, but
shall not inure to the benefit of Owner's successors and /or assigns
in title in any manner until such time as Owner has given the Village
the notice required by this Paragraph 27B (iv). Notwithstanding
any provision of this Agreement to the contrary, including but not
limited to the sale, transfer or conveyance of all or any part of the
Annexation Realty by Owner in accordance with Paragraph 27B
above, the Owner shall at all times during the term of this
Agreement remain liable to the Village for the faithful performance
of all obligations imposed upon Owner by this Agreement until such
obligations have been fully performed, or until the Village, at its sole
option, has otherwise released Owner from any or all of such
obligations, or as otherwise set forth in this Paragraph 27(B)(iv). By
the delivery of the notice to the Village required by Paragraph
27(B)(ii), the Owner, if not in default of any of its obligations under
this Agreement, shall be released from the obligations under this
Agreement that (1) pertain to the portion of the Annexation Realty
for which fee title is sold, transferred or conveyed, and (2) that
accrue or arise on and subsequent to the date such notice is
received by the Village, except that, Owner shall remain obligated,
as follows:
287005_1 20
a. To complete the construction of the Road Improvements,
described in Paragraph 11; and
b. To reimburse the Village pursuant to Paragraph 10, except that
Owner may be released from such obligation, as to any
conveyed portion of the Annexation Realty, if Owner provides
the Village, in a form satisfactory to the Village, proof that it has
given notice to its successors or assigns in title to any portion of
the Annexation Realty of their obligations pursuant to Paragraph
10, and sets forth the manner in which such successors or
assigns will reimburse the Village, including their prorata share
of any such obligations.
(v) Owner's successors and assigns of any portion of the Annexation
Realty shall be obligated under this Agreement only as it pertains to
that portion of the Annexation Realty, except as otherwise provided
herein.
(w) Except as otherwise provided in this Paragraph 27B, all the terms
and conditions of this Agreement shall constitute covenants running
with the land.
C. Court Contest In the event the annexation of the Annexation Realty, the
classification of the Annexation Realty for zoning purposes or other terms
of this Agreement are challenged in any court proceeding, the period of
time during which such litigation is pending shall extend the term of this
287005_1 21
Agreement day- for -day from the date of the filing of such action to and
including the date of any final nonappealable order.
D. Remedies The Village and Owner, and their successors and assigns,
covenant and agree that in the event of default of any of the terms,
provisions or conditions of this Agreement by any party, or their
successors or assigns, which default has not commenced to be corrected
within thirty (30) days after written notice to any party to such default and
thereafter prosecuted with diligence to completion, the party seeking to
enforce that provision shall have the right of specific performance and if
that party prevails in a court of law, it shall be entitled to specific
performance. It is further expressly agreed by and between the Parties
that the remedy of specific performance shall not be exclusive of any other
remedy afforded by law to the Parties, or their successor or successors in
title. Provided, however, the Parties hereby waive the right to
consequential and punitive damages, except in the instance of the willful
act(s) of the defaulting party.
E. Dedication of Public Lands In no event, including (without limitation) the
exercise of the authority granted in Section 5/11 -12 -8 of Division 11 of Act
5 of Chapter 65 of the Illinois Compiled Statutes, shall the Corporate
Authorities of the Village require that any part of the Annexation Realty be
designated for public purposes, except as otherwise provided in this
Agreement or except as may be consented to in writing by Owner.
287005_1 22
F. Survival of Representations Each of the Parties agrees that the
representations, warranties and recitals set forth in the preambles to this
Annexation Agreement and in this Paragraph 27 are material to this
Agreement and the Parties confirm and admit their truth and validity and
incorporate such representations, warranties and recitals into this
Agreement and the same shall continue during the period of this
Agreement.
G. Captions and Paragraph Headings The captions and paragraph
headings are for convenience only and are not a part of this Agreement
and shall not be used in construing it.
H. Reimbursement of Village for Legal and Other Fees and Expenses
(i) To Effective Date of Agreement The Owner, concurrently with
annexation, zoning and issuance of the Variances of and for the
Annexation Realty, shall reimburse the Village for the following
expenses incurred to the effective date of this Agreement in the
preparation and review of this Agreement, and any ordinances,
letters of credit, plats, easements or other documents relating to the
Annexation Realty:
(a) the costs incurred by the Village for engineering services;
(b) all reasonable attorneys' fees incurred by the Village in
connection with this Annexation Agreement and the
annexation and zoning of the Annexation Realty; and
(c) miscellaneous Village expenses, such as legal publication
287005_1 23
costs, recording fees and copying expense.
(ii) From and After Effective Date of Agreement
(a) Except as provided in this subsection, upon demand by the
Village made by and through its Manager, Owner from time
to time shall promptly reimburse the Village for all
reasonable expenses and costs incurred from and after the
effective date of this Agreement by the Village in the
administration of this Agreement. This may include
engineering fees, attorneys' fees and out -of- pocket
expenses involving various and sundry matters such as, but
not limited to, preparation and publication, if any, of all
notices, resolutions, ordinances and other documents
required hereunder, and the negotiation and preparation of
letters of credit and escrow agreements to be entered into as
security for the completion of public improvements.
Such costs and expenses incurred by the Village in the
administration of the Agreement shall be evidenced to the
Owner upon its request, by a sworn statement of the Village;
and such costs and expenses may be further confirmed by
the Owner at its option from additional documents
designated from time to time by the Owner relevant to
determining such costs and expenses.
287005_1 24
Except for the statutory reimbursement of the Fire Protection
District as set forth in Paragraph 10, Owner shall in no event
be required to reimburse the Village or pay for any expenses
or costs of the Village as aforesaid more than once, whether
such are reimbursed or paid through special assessment
proceedings, through fees established by the Village
ordinances or otherwise.
(b) In the event any third party or parties institute any legal
proceedings against the Owner and /or the Village, which in
any way relate to the carrying out of the terms of this
Agreement, then, in that event, except for legal proceedings
pertaining to a breach of the Village representations,
warranties and recitals set forth in the preambles to this
Annexation Agreement and in this Paragraph 27, on written
notice from the Village, the Owner shall assume, fully and
vigorously, the entire defense of such legal proceedings and
all expenses of whatever nature; provided, however:
i. Owner shall not make any settlement or
compromise of the legal proceedings, or fail to
pursue any available avenue of appeal of any
adverse judgment, without the approval of the
Village.
ii. If the Village, in its sole discretion, determines
there is, or may probably be, a conflict of
interest between Village and Owner, on an
issue of importance to the Village having a
potentially substantial adverse effect on the
Village, then the Village shall have the option
287005_1 25
of being represented by its own legal counsel.
In the event the Village exercises such option,
then Owner shall reimburse the Village, from
time to time, on written demand from the Mayor
of Village and notice of the amount due, for any
expenses, including but not limited to court
costs, reasonable attorneys fees and
witnesses' fees, and other expenses of
litigation, incurred by the Village.
iii. In the event the Village institutes legal
proceedings against Owner for violation of this
Agreement and secures a judgment in its favor,
the court having jurisdiction shall determine
and include in its judgment against Owner all
expenses of such legal proceedings incurred
by the Village, including but not limited to the
court costs and reasonable attorneys' fees,
witnesses' fees, etc., incurred by the Village
(and any appeal). Owner may, in its sole
discretion, appeal any such judgment rendered
in favor of the Village against Owner.
iv. In all instances that, through Owner's counsel,
the Village is being represented in any such
legal proceedings, the Village agrees to fully
and timely cooperate with such Owner's
counsel.
I. No Waiver or Relinauishment of Riaht to Enforce Aareement. Failure of
any party to this Agreement to insist upon the strict and prompt
performance of its terms, covenants, agreements and conditions, or any of
them, upon any other party imposed, shall not constitute or be construed
as a waiver or relinquishment of any party's right to enforce any such
term, covenant, agreement or condition, but the same shall continue in full
force and effect.
287005_1 26
J. Village Approval or Direction Where the Village approval or direction is
required by this Agreement, such approval or direction means the
approval or direction of the Corporate Authorities of the Village, unless
otherwise expressly provided or required by law. Any such approval may
be required to be given only after and if all requirements for granting such
approval have been met, unless such requirements are inconsistent with
this Agreement.
K. Recording A copy of this Agreement and any of its amendments shall be
recorded by the Village at the expense of the Owner.
L. Authorization to Execute The duly authorized individual, on behalf of
Owner, executing this Agreement warrants that he or she has been
lawfully authorized, pursuant to Owner's organizational documents,
including Owner's Operating Agreement, to execute this Agreement on
behalf of said Owner. The Mayor and Clerk of the Village warrant that
they have been lawfully authorized by the Village Board to execute this
Agreement. The Owner and the Village shall deliver to each other, upon
written request, copies of all bylaws, joint venture agreements, resolutions,
ordinances or other documents required to legally evidence the authority
to so execute this Agreement on behalf of the respective entities.
M. All Action Taken The Village hereby represents and warrants to Owner
that it has the authority to enter into this Agreement as a valid and legally
binding agreement. The Village has taken all action required by law,
including the holding of such public hearings as may be required, to bring
287005_1 27
about the amendments and exceptions to the Zoning Ordinance, and
other related ordinances, and the adoption of such other ordinance
amendments, exceptions and variances, as may be necessary or proper
in order to zone and classify the Annexation Realty. This is done to
enable the same to be used and developed as contemplated herein and to
enable the Village and Owner to execute this Agreement and fully carry
out all the covenants, agreements, duties and obligations created and
imposed by its terms and conditions.
Owner hereby represents and warrants to Village that it has the
authority to enter into this Agreement as a valid and legally binding
agreement and that it has taken all action required by law as may be
necessary or appropriate to bind the Owner and to enable the Village and
Owner to execute this Agreement and fully carry out all the covenants,
agreements, duties and obligations created and imposed by its terms and
conditions.
N. Amendment This Agreement sets forth all the promises, inducements,
agreements, conditions and understandings between the Owner and the
Village. There are no promises, agreements, conditions or
understandings, either oral or written, express or implied, between them,
other than are set forth in this Agreement. Except as otherwise provided,
no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the Parties, unless authorized in
287005_1 28
accordance with law, reduced in writing and approved by Owner or any
successor designated in writing by Owner and the Village.
O. Counterparts This Agreement may be executed in two (2) or more
counterparts, each of which taken together, shall constitute one and the
same instrument.
P. Exhibits All attached exhibits are made a part of this Agreement.
Q. Conflict Between the Text and Exhibits. In the event of a conflict in the
provisions of the text of this Agreement and its Exhibits, the text of the
Agreement shall control and govern.
R. Term of Agreement The Agreement shall be in full force and effect for a
term of twenty (20) years from and after the effective date of this
Agreement.
S. Effective Date of Annexation The annexation of the Annexation Realty to
the Village shall become effective immediately upon the adoption by the
Village of an ordinance approving annexation of the Annexation Realty to
the Village and approving this Agreement.
T. Definition of Village When the term the Village is used it shall be
construed as referring to the Corporate Authorities of the Village unless
the context clearly indicates otherwise.
U. Execution of Agreement This Agreement shall be signed last by the
Village. The Mayor shall, on Page 1, affix the date on which she signs this
Agreement, which date shall be the effective date of this Agreement.
287005_1 29
V. Venue The Parties agree that for purposes of any lawsuit(s) between
them concerning this Agreement, its enforcement, or its subject matter,
venue shall be in Cook County, Illinois, and the laws of the State of Illinois
shall govern the cause of action.
W. Conflict Between Ordinances and Agreement In the event of a conflict
between any of the Municipal Codes applicable to the Annexation Realty,
including the Zoning Ordinance, and the terms of this Agreement, the
terms of this Agreement shall control.
Signed and sealed by the Parties hereto as of the date first written above.
United Air Lines Inc.,
a company
By:
Name:
Its:
ATTEST:
M. Lisa Angell, Village Clerk
Village of Mount Prospect
Irvana K. Wilks
Its Village President
287005_1 30
ACKNOWLEDGMENTS
STATE OF ILLINOIS )
) SS
COUNTY OF COOK)
I, the undersigned, a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY that Irvana K. Wilks, personally known to me to be the Village
President of the Village of Mount Prospect, and M. Lisa Angell, personally known to me
to be the Village Clerk of said municipal corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that as such Village President
and City Clerk, they signed and delivered the said instrument and caused the corporate
seal of said municipal corporation to be affixed thereto, pursuant to authority given by
the Board of Trustees of said municipal corporation, as their free and voluntary act, and
as the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal, this day of
2012.
Commission expires
Notary Public
287005_1 31
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY that the above -named
is personally known to me to be the
is subscribed to the foregoing instrument as such
of UNITED AIRLINES
and also personally known to me to be the same person whose name
and
respectively, and that he /she appeared before me this day in Person and severally
acknowledged that as such
he /she signed and delivered the said
instrument, pursuant to authority given by the limited liability company as he /she free
and voluntary act, and as the free and voluntary act and deed of said limited liability
company, for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this day of
481111 PA
Commission expires
Notary Public
287005_1
EXHIBIT A
ANNEXATION REALTY
33
EXHIBIT B
FINAL PLAT OF SUBDIVISION
34
EXHIBIT C
CONCEPTUAL LANDSCAPE PLAN
35
EXHIBIT D
SITE PLAN
36
EXHIBIT E
ELEVATIONS
37
EXHIBIT F
RESOLUTION
COOK COUNTY CLASS 6(B) TAX RELIEF
38
ORDINANCE NO.
AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE VILLAGE OF MOUNT PROSPECT
(BLUE SKY DEVELOPMENT; UNITED AIR LINES, INC.)
(A PORTION OF 1200 EAST ALGONQUIN ROAD)
WHEREAS, a written petition, signed by United Air Lines, Inc., a Delaware
corporation, the legal owner of record of all land within the territory hereinafter
described, and there being no electors residing thereon, has been filed with the Village
Clerk of the Village of Mount Prospect, Cook County, Illinois, requesting that said
territory be annexed to the Village of Mount Prospect; and
WHEREAS, said territory is not within the corporate limits of any municipality, but
is contiguous to the Village of Mount Prospect; and
WHEREAS, all notices of said annexation, as required by Chapter 65 ILCS 5/7-
1-1, have been given to the appropriate parties in a timely manner as required by
Statute (copies of said Notices being attached hereto as Exhibit A, and made part
hereof); and
WHEREAS, it is in the best interest of the Village of Mount Prospect that said
territory be annexed thereto.
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 1: That the territory described in Section 2 below be and the same is
hereby annexed to the Village of Mount Prospect, Cook County, Illinois, pursuant to
Chapter 65 ILCS 5/7 -1 -8.
SECTION 2: This ordinance is limited and restricted to the property indicated on
the attached Plat of Annexation, attached hereto and incorporated herein as Exhibit B,
which consists of a portion of 1200 East Algonquin Road in unincorporated Cook
County, Illinois, containing approximately fourteen (14) acres more or less, the legal
description of which is set forth in Exhibit B.
SECTION 3 : The new boundary of the Village of Mount Prospect shall extend to
the far side of any adjacent rights -of -way, and shall include all of every right -of -way
within the area annexed hereby.
SECTION 4: The Village Clerk is hereby directed to record with the Recorder of
Deeds and to file with the County Clerk, a certified copy of this Ordinance and the
original Plat of Annexation.
SECTION 5 : This Ordinance shall be in full force and effect from and after
its passage and approval as required by law.
PASSED and APPROVED this day of May, 2012, by a majority of the Corporate
Authorities on a roll call vote as follows:
AYES:
NAYS:
ABSENT:
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \files \WIN \ORDINANC \UAL Annexationordinancemay152012 .DOC
UALAnnexation ordinancemay152012 (3).DOC 2
EXHIBIT A
NOTICES OF ANNEXATION
UALAnnexation ordinancemay152012 (3).DOC
Plat of Annexation
Legal Description
That part of Lot 1 In Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded
February 20, 1911 as Document 4709799, except that part of said Lot 1 taken for highways,
in Cook County, Illinois, described as follows:
Beginning at the northwest corner of said Lot 1; thence on an assumed bearing of North 88
degrees 16 minutes 31 seconds East along the north line of said Lot 1, a distance of 842.51
feet; thence North 01 degree 43 minutes 29 seconds East, 50.00 feet to the north line of
Dempster Street; thence North 88 degrees 16 minutes 31 seconds East along said north line,
247.31 feet; thence South 01 degree 43 minutes 29 seconds East, 100.00 feet to the south line
of said Dempster Street; thence continuing South 01 degree 43 minutes 29 seconds East, 445.00
feet; thence South 88 degrees 16 minutes 31 seconds West parallel with said north line of Lot 1,
a distance of 520.20 feet; thence South 01 degree 43 minutes 29 seconds East, 557.94 feet to
the northerly line of Algonquin Road (IL -62) as monumented; thence continuing South 01 degree
43 minutes 29 seconds East, 113.59 feet to the southerly line of Algonquin Road (IL -62) as
monumented; thence North 63 degrees 23 minutes 11 seconds West along said southerly line,
112.81 feet; thence North 00 degrees 56 minutes 37 seconds West, 112.77 feet to said northerly
line; thence continuing North 00 degrees 56 minutes 37 seconds West, 551.66 feet; thence
South 88 degrees 16 minutes 31 seconds West, 485.48 feet to the west line of said Lot 1 as
monumented; thence North 00 degrees 56 minutes 37 seconds West along said west line,
398.65 feet to said south line of Dempster Street; thence continuing North 00 degrees 56
minutes 37 seconds West along said west line, 50.00 feet to the Point of Beginning.
Said property containing 592,428 square feet, or 13.600 acres, more or less, of which 78,080
square feet, or 1.792 acres, more or less, has been previously used as Right of Way.
Plat of Subdivision
Legal Description of portion of Property to be Subdivided
That part of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded
February 20, 1911 as Document 4709799, except that part of said Lot 1 taken for highways,
in Cook County, Illinois, described as follows:
Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South
00 degrees 56 minutes 37 seconds East along the west line of said Lot 1 as monumented,
50.00 feet for a Point of Beginning; thence North 88 degrees 16 minutes 31 seconds East
along the north line of said Lot 1, a distance of 1090.50 feet; thence South 01 degree 43
minutes 29 seconds East, 445.00 feet; thence South 88 degrees 16 minutes 31 seconds
West parallel with said north line of Lot 1, a distance of 520.20 feet; thence South 01 degree
43 minutes 29 seconds East, 557.94 feet to the northerly line of Algonquin Road (IL -62) as
monumented; thence North 63 degrees 23 minutes 11 seconds West along said northerly
line, 658.49 feet to the west line of said Lot 1 as monumented; thence North 00 degrees 56
minutes 37 seconds West along said west line, 690.36 feet to the Point of Beginning.
Plat of Survey
Legal Description
Permanent Index Number 08 -23- 100 -008:
Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11 East
of the Third Principal Meridian, according to the Plat thereof Recorded February 20, 1911 as
Document 4709799, except that part of said Lot 1 taken for highways, and except that portion
lying south of the north 448.65 feet of the west 485.43 feet thereof, in Cook County, Illinois.
Permanent Index Number 08 -23- 100 -005:
The west 100 feet lying south of the south line of the north 448.65 feet of Lot 1 in Friedrich
Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11 East of the Third Principal
Meridian, according to the Plat thereof Recorded February 20, 1911 as Document 4709799,
except that part of said Lot 1 taken for highways, in Cook County, Illinois.
Permanent Index Number 08 -23- 100 -006:
The east 100 feet of the west 200 feet lying south of the south line of the north 448.65 feet
of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11 East
of the Third Principal Meridian, according to the Plat thereof Recorded February 20, 1911 as
Document 4709799, except that part of said Lot 1 taken for highways, in Cook County, Illinois.
Permanent Index Number 08 -23- 100 -007:
The east 285.43 feet of the west 485.43 feet lying south of the south line of the north 448.65
feet of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11
East of the Third Principal Meridian, according to the Plat thereof Recorded February 20, 1911 as
Document 4709799, except that part of said Lot 1 taken for highways, in Cook County, Illinois.
MAYOR
Irvana K. Wilks
TRUSTEES
Paul Wm. Hoefert
Arlene A. Juracek
A. John Kom
John J. Matuszak
Steven S. Polit
Michael A. Zadel
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392 -6000
Fax: 847/392 -6022
TDD: 847/392 -6064
www.mounbzmVect.org
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
AFFIDAVIT OF NOTICE
STATE OF ILLINOIS )
COUNTY OF COOK
ss.
M. Lisa Angell, being first duly sworn, deposes and says on oath that:
As Village Clerk of the Village of Mount Prospect, she did cause the foregoing notice to be
served on the Elk Grove Township Highway Commissioner and Elk Grove Township Board of
Trustees by maiIin true and ac � te� 1 opies of the notice by c ied mail to the addresses set
forth above this: in
ofj 5 f _ _, 2012, at ` %.m. by depositing the copies in
the United States Mail at Mount Prospect, Illinois, certified, postage prepaid.
M. isa Angell
i
SUBSCRIBED AND SWORN
before me this .22f� day
of 6 2012.
Official Seal
Julie Jarosz
Notary Public State of tilinais
immission Expires Feb 22, 2014(
... w Aft /b A► w Oft A A w O► -j
Elk Grove Township Board of Trustees and Highway Commissioner:
Individual letters to:
2400 South Arlington Heights Road
Arlington Heights, Illinois 60005
Mr. George K. Busse Mr. Greg O'Brien
Ms. Andrea Koshaba Ms. Suellen Satern
Mr. Charles Serchuk
H:ACLKO \WIN \UAL Annexation 2012\Annexation District Notices 1200 E Algonquin Apri12012 (2).doc
MAYOR
Irvana K. Wilks
TRUSTEES
Paul Wm. Hoefert
Arlene A.juracek
A. john Kom
John J. Matuszak
Steven S. Polit
Michael A. Zadel
VILLAGE MANAGER
Michael E. janonis
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392 -6000
Faye 847/392 -6022
TDD: 847/392 -6064
wmw.MWMft LSRA orb
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
AFFIDAVIT OF SERVICE
STATE OF ILLINOIS )
COUNTY OF COOK )
) ss.
Deputy Fire Chief Chris Truty being first duly sworn, deposes and says on oath that:
As Deputy Fire Chief of the Village of Mount Prospect, he did cause the foregoing notice to be
personally served on the Trustees of the Elk Grove Rural Fire Protection District and each of
them, by personally serving true and accurate copies of the notice to those Ttees at 1415
East Algonquin Road, Arlington Heights, Illinois this 19 day of April, 2012 at r tees at
Chris Truty
Deputy Fire Chief
Village of Mount Prospect
SUBSCRIBED AND SWORN
before me thisc> ?e-i``` - day
of April, 2012
iwww�w
Notary Public OMFFfSC� ANGELL
SEAL
NOTARY ROX • STATE OF ILLINOIS
MY OMMSS" W RES:O7/25/13
MAYOR
Irvana K. Wilks
TRUSTEES
Paul Wm. Hoefert
Arlene A.Juracek
A. John Kom
John J. Matuszak
Steven S. Polit
Michael A. Zadel
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
April 19, 2012
TO: Elk Grove Rural Fire Protection District Trustees
VILLAGE MANAGER
Michael E. janonis
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392 -6000
Fax: 847/392 -6022
TDD: 847/392 -6064
www.mounb2=ect.org
Ms. Joyce Robinson Mr. Rudy Faulhaber Ms. Linda Napientek
1415 East Algonquin Road 1415 East Algonquin Road 1415 East Algonquin Road
Arlington Heights, IL 60005 Arlington Heights, IL 60005 Arlington Heights, IL 60005
Mr. George Taylor Ms. Patricia Tabaka Ms. Phyllis Senase
1415 East Algonquin Road 1415 East Algonquin Road 1415 East Algonquin Road
Arlington Heights, IL 60005 Arlington Heights, IL 60005 Arlington Heights, IL 60005
RE: Notice of Proposed Annexation of Territory within the Elk Grove Rural Fire
Protection District to the Village of Mount Prospect
Pursuant to the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section
5/7 -1 -1, et seq.), YOU ARE HEREBY NOTIFIED THAT on May 15, 2012, at their regular Board
Meeting, the Village President and Board of Trustees of the Village of Mount Prospect will meet,
pursuant to the Illinois Compiled Statutes, Chapter 65, Section 5/7 -1 -10, to consider the
annexation of its territory, which is described and depicted in Exhibit A, attached hereto and
incorporated herein.
This Meeting shall commence at 7:00 p.m. and will be held in the Board Room, on the
third floor of the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056.
Very truly yours,
M. Lisa Angell
Village Clerk
Enc.
EXHIBIT A
LEGAL DESCRIPTION AND GENERAL DEPICTION OF REAL PROPERTY
That part of Lot 1 In Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded February
20, 1911 as Document 4709799, except that part of said Lot 1 taken for highways, in Cook
County, Illinois, described as follows:
Beginning at the northwest corner of said Lot 1; thence north 88 degrees 16 minutes 31
seconds East along the north line of said Lot 1, a distance of 1089.80 feet; thence South 01
degree 43 minutes 29 seconds East, 50.00 feet to the south line of Dempster Street; thence
continuing South 01 degree 43 minutes 29 seconds East, 445.00 feet; thence South 88 degrees
16 minutes 31 seconds West parallel with said north line of Lot 1, a distance of 520.20; feet
thence South 01 degree 43 minutes 29 seconds East, 557.94 feet to the southerly line of
Algonquin Road (IL -62) as monumented; thence North 63 degree 23 minutes 11 seconds West
along said northerly line, 111.37 feet; thence North 00 degrees 56 minutes 44 seconds West,
551.54 feet; thence South 88 degrees 16 minutes 19 seconds West, 485.19 feet to the west line
of said Lot 1 as monumented; thence North 00 degrees 55 minutes 59 seconds West along said
west line of Lot 1, a distance of 398.69 feet to said south line of Dempster Street; thence
continuing North 00 degree 55 minutes 59 seconds West along said west line, 50.00 feet to the
Point of Beginning.
Said property containing 569.019 square feet, or 13.0629 acres, more or less, of which 54.508
square feet, or 1.2513 acres, more or less, lies within Dempster Street.
PIN : (a portion of) 08 -23- 100 - 008 -0000
H: \CLKO \WIN \UAL Annexation 2012\Annexation District Notice EXHIBIT A 1200 E Algonquin April 2012.doc
MAYOR
Irvana K. Wilks
TRUSTEES
Paul Wm. Hoefert
Arlene A. Juracek
A. John Kom
John J. Matuszak
Steven S. Polit
Michael A. Zadel
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
AFFIDAVIT OF NOTICE
STATE OF ILLINOIS )
COUNTY OF COOK
ss.
M. Lisa Angell, being first duly sworn, deposes and says on oath that:
VILLAGE MANAGER
Michael E. janonis
VILLAGE CLERK
M Lisa Angell
Phone: 847 /392 -6000
Fax 847/392 -6022
TDD: 847/392 -6064
www.mountpros -ectrng
As Village Clerk of the Village of Mount Prospect, she did cause the foregoing notice to be
served on the Elk Grove Township Highway Commissioner and Elk Grove Township Board of
Trustees by mailing true and accurate copies of the notice by ified mail to the addresses set
forth above this: / day of , 2012, at C�.m. m , by depositing the copies in
the United States Mail at Mount Pro pect, Illinois, certified, po ge prepaid.
`�
.-
SUBSCRIBED AND SWORN
To befor me this /_ day
of , 2012.N�,.,
OFFICIAL SEAL
DOREEN C JAROSZ
^ NOTARY PUBLIC - STATE OF ILLINOIS
�, MY COMMISSION EXPIRES 04/13/14
Notary Public
Letters sent to:_
Elk Grove Township Highway Commissioner
Mr. Charles Serchuk
2400 South Arlington Heights Road
Arlington Heights, IL 60056
Elk Grove Township Board of Trustees
2400 South Arlington Heights Road
Arlington Heights, IL 60005
H: \CLKO \WIN 1 \legal documents\Annexation District Notices 1200 E. Algonquin April2012.doc
MAYOR
Irvana K. Wilks
TRUSTEES
Paul Wm. Hoefert
Arlene A. Juracek
A. John Kom
John J. Matuszak
Steven S. Polit
M1'ichael A. Zadel
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392 -6000
Pax: 8471392 -6022
TDD: 847/392 -6064
urmm.mountp=ect.org
AMENDED: Notice of Proposed Annexation of Territory within Elk Grove Township to
the Village of Mount Prospect — HEARING DATE IS MAY 15, 2012
DATE: May 10, 2012
VIA CERTIFIED MAIL
TO: Elk Grove Township Board of Trustees and Highway Commissioner
Mr. George K. Busse - Trustee
2400 South Arlington Heights Road
Arlington Heights, Illinois 60005
Mr. Greg O'Brien - Trustee
2400 South.Arlington Heights Road
Arlington Heights, Illinois 60005
Ms. Andrea Koshaba - Trustee
2400 South Arlington Heights Road
Arlington Heights, Illinois 60005
Ms. Suellen Satem - Trustee
2400 South Arlington Heights Road
Arlington Heights, Illinois 60005
Mr. Charles Serchuk - Highway Commissioner
2400 South Arlington Heights Road
Arlington Heights, Illinois 60005
RE: Notice of Proposed Annexation of Territory within Elk Grove Township to the
Village of Mount Prospect
Pursuant to the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section
5/7 -1 -1, et seq.), YOU ARE HEREBY NOTIFIED THAT on May 15, 2012, at their regular Board
Meeting, the Village President and Board of Trustees of the Village of Mount Prospect will meet,
pursuant to the Illinois Compiled Statutes, Chapter 65, Section 517 -1 -10, to consider the
annexation of its territory, which is described and depicted in Exhibit A, attached hereto and
incorporated herein.
This Meeting shall commence at 7:00 p.m. and will be held in the Board Room, on the
third floor of the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056.
Lf L sa Angell
Village Clerk
Village of Mount Prospect
H: \CLKO \WIMUAL Annexation 2012\Amcxation District Notices 1200 E Algonquin Apri12012 (2).doc
EXHIBIT A
LEGAL DESCRIPTION AND GENERAL DEPICTION OF REAL PROPERTY
That part of Lot 1 In Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded February
20, 1911 as Document 4709799, except that part of said Lot 1 taken for highways, in Cook
County, Illinois, described as follows:
Beginning at the northwest corner of said Lot 1; thence north 88 degrees 16 minutes 31
seconds East along the north line of said Lot 1, a distance of 1089.80 feet; thence South 01
degree 43 minutes 29 seconds East, 50.00 feet to the south line of Dempster Street; thence
continuing South 01 degree 43 minutes 29 seconds East, 445.00 feet; thence South 88 degrees
16 minutes 31 seconds West parallel with said north line of Lot 1, a distance of 520.20; feet
thence South 01 degree 43 minutes 29 seconds East, 557.94 feet to the southerly line of
Algonquin Road (IL -62) as monumented; thence North 63 degree 23 minutes 11 seconds West
along said northerly line, 111.37 feet; thence North 00 degrees 56 minutes 44 seconds West,
551.54 feet; thence South 88 degrees 16 minutes 19 seconds West, 485.19 feet to the west line
of said Lot 1 as monumented; thence North 00 degrees 55 minutes 59 seconds West along said
west line of Lot 1, a distance of 398.69 feet to said south line of Dempster Street; thence
continuing North 00 degree 55 minutes 59 seconds West along said west line, 50.00 feet to the
Point of Beginning.
Said property containing 569.019 square feet, or 13.0629 acres, more or less, of which 54.508
square feet, or 1.2513 acres, more or less, lies within Dempster Street.
PIN : (a portion of) 08 -23- 100 - 008 -0000
H: \CLKO \WIN \UAL Annexation 2012\Annexation District Notice EXHIBIT A 1200 E Algonquin April 2012.doc
EXHIBIT B
PLAT OF ANNEXATION
UALAnnexation ordinancemay152012 (3).DOC
m - Nowt Proape°t /
Unlnaorporat.a
°
Cook County /
e+
/ 3
y ° ='p ; s .;gym — — — —
�'�. 2,
g
- . Wl and Y s
g.
���s G 5 "
� $ �p�voo
y 3u�Y mo P i $ it P
° N
Po / $9�3
N 00 56' 37" W
N q,
w g ° 4t���
$�A
00. 56' J7'• W'
6'
- I9W.69'
I
.. S
a a /
5 01• 43' 29" E
�l xs s
vm-. of
Nowt p
UMnwrpor.1
Caak Count
g 3 +e ... ... am
o 3T I I
4S +S 1 3 z
Sp:�a »$� - � � �'� =�3' « wg a I Bbl
" W S °
3 _ 3
V i "4 '; °•' r§ .; x'
I
J. s4 F
°gSgme e.Cg'gggz »9:�Sg.,3.
Hga�g�3 z' ' " ;� «� » Sm N'3 ed3
_ " °
`no
—
S oo• 56. 09•• E _� _3
Linneman Road
_ —__ aur.a°am - --
3
v a
�x
V
np• i i5mi I
y ' 4
sW gS3 °
21 a Ill m
e D D W
.X•► (A 1�
91
,,!� /-?,, /),, — 77 L 11 el 1711- "(
&
/ 3
y ° ='p ; s .;gym — — — —
�'�. 2,
g
- . Wl and Y s
g.
���s G 5 "
� $ �p�voo
y 3u�Y mo P i $ it P
° N
Po / $9�3
N 00 56' 37" W
N q,
w g ° 4t���
$�A
00. 56' J7'• W'
6'
- I9W.69'
I
.. S
a a /
5 01• 43' 29" E
�l xs s
vm-. of
Nowt p
UMnwrpor.1
Caak Count
g 3 +e ... ... am
o 3T I I
4S +S 1 3 z
Sp:�a »$� - � � �'� =�3' « wg a I Bbl
" W S °
3 _ 3
V i "4 '; °•' r§ .; x'
I
J. s4 F
°gSgme e.Cg'gggz »9:�Sg.,3.
Hga�g�3 z' ' " ;� «� » Sm N'3 ed3
_ " °
`no
—
S oo• 56. 09•• E _� _3
Linneman Road
_ —__ aur.a°am - --
3
v a
�x
V
np• i i5mi I
y ' 4
sW gS3 °
21 a Ill m
e D D W
.X•► (A 1�
91
,,!� /-?,, /),, — 77 L 11 el 1711- "(
Po / $9�3
N 00 56' 37" W
N q,
w g ° 4t���
$�A
00. 56' J7'• W'
6'
- I9W.69'
I
.. S
a a /
5 01• 43' 29" E
�l xs s
vm-. of
Nowt p
UMnwrpor.1
Caak Count
g 3 +e ... ... am
o 3T I I
4S +S 1 3 z
Sp:�a »$� - � � �'� =�3' « wg a I Bbl
" W S °
3 _ 3
V i "4 '; °•' r§ .; x'
I
J. s4 F
°gSgme e.Cg'gggz »9:�Sg.,3.
Hga�g�3 z' ' " ;� «� » Sm N'3 ed3
_ " °
`no
—
S oo• 56. 09•• E _� _3
Linneman Road
_ —__ aur.a°am - --
3
v a
�x
V
np• i i5mi I
y ' 4
sW gS3 °
21 a Ill m
e D D W
.X•► (A 1�
91
,,!� /-?,, /),, — 77 L 11 el 1711- "(
5 01• 43' 29" E
�l xs s
vm-. of
Nowt p
UMnwrpor.1
Caak Count
g 3 +e ... ... am
o 3T I I
4S +S 1 3 z
Sp:�a »$� - � � �'� =�3' « wg a I Bbl
" W S °
3 _ 3
V i "4 '; °•' r§ .; x'
I
J. s4 F
°gSgme e.Cg'gggz »9:�Sg.,3.
Hga�g�3 z' ' " ;� «� » Sm N'3 ed3
_ " °
`no
—
S oo• 56. 09•• E _� _3
Linneman Road
_ —__ aur.a°am - --
3
v a
�x
V
np• i i5mi I
y ' 4
sW gS3 °
21 a Ill m
e D D W
.X•► (A 1�
91
,,!� /-?,, /),, — 77 L 11 el 1711- "(
STATE OF ILLINOIS )
) SS
COUNTY OF C O O K )
CLERK'S CERTIFICATE
I, M. Lisa Angell, the duly appointed and qualified Village Clerk of the Village of Mount
Prospect, Cook County, Illinois, do hereby certify that attached hereto is a true and correct copy of the
Ordinance now on file in my office, entitled:
ORDINANCE NO.
ANNEXING CERTAIN TERRITORYTO THE VILLAGE OF MOUNT
PROSPECT (BLUE SKY DEVELOPMENT; UNITED AIR LINES, INC.;
A PORTION OF 1200 EAST ALGONQUIN ROAD)
which was passed by the Corporate Authorities of the Village of Mount Prospect at a regular meeting held
on the _th day of May, 2012, at which meeting a quorum was present, and approved by the President of
the Village of Mount Prospect on the _th day of May, 2012.
I further certify that the vote on the question of the passage of the said Ordinance by the
Corporate Authorities of the Village of Mount Prospect was taken by the Ayes and Nays and recorded in
the minutes of the Corporate Authorities of the Village of Mount Prospect, and that the result of said vote
was as follows, to -wit:
AYES:
NAYS:
ABSENT:
I do further certify that the original Ordinance, of which the attached is a true copy, is entrusted to
my care for safekeeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of
Mount Prospect on the _th day of May, 2012.
Village Clerk
UALAnnexation ordinancemay152012 (3).DOC 5
ORDINANCE NO.
AN ORDINANCE APPROVING A MAP AMENDMENT (REZONING)
TO THE VILLAGE OF MOUNT PROSPECT ZONING ORDINANCE
(BLUE SKY DEVELOPMENT; UNITED AIR LINES)
LOCATED AT 1600 AND 1608 WEST ALGONQUIN ROAD AND
A PORTION OF 1200 EAST ALGONQUIN ROAD)
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has
adopted the Village of Mount Prospect Zoning Ordinance, otherwise known as Chapter
14 of the Village Code of the Village of Mount Prospect, Illinois; and
WHEREAS, an application has been filed requesting a map amendment for the purpose
of rezoning the properties described in Section 2 from their respective zoning
classifications of B3 Community Shopping and R -X Single Family Residence District to
the 11 Limited Industrial District; and
WHEREAS, a public hearing was conducted by the Village of Mount Prospect Planning
and Zoning Commission on April 26, 2012, designated as PZ- 03 -12, pursuant to
appropriate and legal notice; and
WHEREAS, on April 26, 2012, the Planning and Zoning Commission recommended the
approval of the map amendment set forth below to the President and Board of Trustees; and.
WHEREAS, the President and Board of Trustees approve and adopt the findings and
recommendations of the Planning and Zoning Commission and incorporate such
findings and recommendations herein by reference as if they were fully set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
A HOME RULE MUNICIPALITY, AS FOLLOWS:
SECTION 1: AMENDMENT That Chapter 14 of the Village Code of the Village of
Mount Prospect, Illinois, commonly known as the Village of Mount Prospect Zoning
Ordinance, be and is hereby amended so as to rezone the property described in
Section 2 hereof from their respective zoning classifications of B3 Community Shopping
and R -X Single Family Residence District to the 11 limited Industrial District.
SECTION 2: PROPERTY AFFECTED This ordinance is limited and restricted to the
property (the "Property ") described in Exhibit A, which is attached hereto and
incorporated herein, said Property being comprised of properties having had zoning
classifications of B3 Community Shopping District (referred to as "Parcel A ") and an
automatic zoning classification, upon annexation, of R -X Single Family Residence
District (referred to as "Parcel B ").
SECTION 3 : OFFICIAL ZONING MAP CHANGE That the official zoning map of the
Village of Mount Prospect be changed in conformance with the provisions of this
Ordinance.
SECTION 4 : EFFECTIVE DATE This Ordinance shall be in full force and effect from
and after its passage and approval as required by law.
PASSED and APPROVED this t" day of May, 2012, by a majority of the Corporate
Authorities on a roll call vote as follows:
AYES:
NAYS:
ABSENT:
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
HACLKO \files \WIN \ORDINANC \ual map amendmentmay2012.DOC
Fil
EXHIBIT A
LEGAL DESCRIPTIONS
Parcel A
(Prior zoning classification of B3 Community Shopping District)
1600 AND 1608 West Algonquin Road, Mount Prospect, Illinois
Permanent Index Number 08 -23- 100 -005:
The west 100 feet lying south of the south line of the north 448.65 feet of Lot 1 in Friedrich
Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11 East of the Third
Principal Meridian, according to the Plat thereof Recorded February 20, 1911 as Document
4709799, except that part of said Lot 1 taken for highways, in Cook County, Illinois.
Permanent Index Number 08 -23- 100 -006:
The east 100 feet of the west 200 feet lying south of the south line of the north 448.65 feet
of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11
East of the Third Principal Meridian, according to the Plat thereof Recorded February 20, 1911
as Document 4709799, except that part of said Lot 1 taken for highways, in Cook County,
Illinois.
Permanent Index Number 08 -23- 100 -007:
The east 285.43 feet of the west 485.43 feet lying south of the south line of the north 448.65
feet of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11
East of the Third Principal Meridian, according to the Plat thereof Recorded February 20, 1911
as Document 4709799, except that part of said Lot 1 taken for highways, in Cook County,
IIIinOIS.
Parcel B
(Prior zoning classification of R -X Single Family Residence District)
A portion of 1200 East Algonquin Road previously in unincorporated Cook County, Illinois
A Portion of Permanent Index Number 08 -23- 100 -008:
That part of Lot 1 In Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded
February 20, 1911 as Document 4709799, except that part of said Lot 1 taken for highways,
in Cook County, Illinois, described as follows:
Beginning at the northwest corner of said Lot 1; thence on an assumed bearing of North 88
degrees 16 minutes 31 seconds East along the north line of said Lot 1, a distance of 842.51
feet; thence North 01 degree 43 minutes 29 seconds East, 50.00 feet to the north line of
Dempster Street; thence North 88 degrees 16 minutes 31 seconds East along said north line,
247.31 feet; thence South 01 degree 43 minutes 29 seconds East, 100.00 feet to the south line
of said Dempster Street; thence continuing South 01 degree 43 minutes 29 seconds East, 445.00
feet; thence South 88 degrees 16 minutes 31 seconds West parallel with said north line of Lot 1,
3
a distance of 520.20 feet; thence South 01 degree 43 minutes 29 seconds East, 557.94 feet to
the northerly line of Algonquin Road (IL -62) as monumented; thence continuing South 01
degree 43 minutes 29 seconds East, 113.59 feet to the southerly line of Algonquin Road (IL -62)
as monumented; thence North 63 degrees 23 minutes 11 seconds West along said southerly line,
112.81 feet; thence North 00 degrees 56 minutes 37 seconds West, 112.77 feet to said northerly
line; thence continuing North 00 degrees 56 minutes 37 seconds West, 551.66 feet; thence
South 88 degrees 16 minutes 31 seconds West, 485.48 feet to the west line of said Lot 1 as
monumented; thence North 00 degrees 56 minutes 37 seconds West along said west line,
398.65 feet to said south line of Dempster Street; thence continuing North 00 degrees 56
minutes 37 seconds West along said west line, 50.00 feet to the Point of Beginning.
M
ORDINANCE NO.
AN ORDINANCE GRANTING CERTAIN VARIATIONS
FOR 1600 AND 1608 WEST ALGONQUIN ROAD
AND A PORTION OF 1200 EAST ALGONQUIN ROAD
(UNITED AIR LINES, INC.; BLUE SKY DEVELOPMENT)
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has
adopted the Village of Mount Prospect Zoning Ordinance, otherwise known as Chapter 14 of the
Village Code of the Village of Mount Prospect, Illinois; and
WHEREAS, an application has been filed requesting certain variations for the property
described in Section 1; and
WHEREAS, on April 26, 2012, the Planning and Zoning Commission of the Village of
Mount Prospect held a hearing, designated as PZ- 03 -12, to consider a request for the approval
of the variations set forth below; and
WHEREAS, on April 26, 2012, the Planning and Zoning Commission recommended the
approval of the variations set forth below to the President and Board of Trustees; and.
WHEREAS, the President and Board of Trustees approves and adopts the findings and
recommendations of the Planning and Zoning Commission, and incorporates such findings and
recommendations herein by reference as if they were fully set forth herein, and further finds that
the variations are only appropriate in light of the proposed development on the property
described in Section 2.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
A HOME RULE MUNICIPALITY, AS FOLLOWS:
SECTION 1 : That the following variations are hereby approved for the Subject Property
located at 1600 and 1608 Algonquin Road and a portion of 1200 East Algonquin Road, Mount
Prospect, Illinois, as legally described in Exhibit A, which is attached hereto and incorporated
herein as if fully set forth:
A. Parking: a variation to reduce the required number of parking spaces from two
hundred sixty -four (264) to one hundred sixteen (116), including twenty -four (24)
land banked spaces; and
B. Landscaping a variation to reduce the required number of trees from three
hundred one (301) to two hundred forty -five (245) trees; and
C. Fence Location: a variation to allow a fence in the front yards along Dempster
Street and Algonquin Roads; and
D. Fence Height: a variation to increase the height of a fence from five (5) feet to
eight (8) feet; subject to the following conditions;
SECTION 2 : That the variations approved in Section 1 are conditioned upon the
following:
A. Approval of an Annexation Agreement.
B. Approval of a preliminary plat of subdivision prior to the issuance of a building
permit.
C. Submittal of a final plat of subdivision within one year after receiving preliminary
subdivision plat approval by the Village Board.
D. Development of the site in general conformance with the site plan prepared by
Graef USA, received by the Village on March 15, 2012, but revised to provide a
minimum of a ten (10) foot setback for the fence to allow landscaping in between
fence and front property lines;
E. Development of the building in general conformance with the building elevations
prepared by Page Southerland Page, received by the Village on March 15, 2012,
but revised to stagger the north building fagade in order to break up the visual
expanse of the structure;
F. Development of the building in general conformance with the floor plans
prepared by Page Southerland Page, dated March 14, 2012;
G. Development of the site in general conformance with the landscape plan
prepared by Graef USA, received by the Village on March 15, 2012„ but revised
to comply with Code;
H. Submittal of a photometric plan that complies with Sections 14.314 and 14.2219
of the Village Code;
I. Submittal of fixture cut - sheets for exterior lights that comply with Village Code;
J. Prior to the issuance of a Certificate of Occupancy, execution of a covenant, in a
form acceptable to the Director of Community Development, which authorizes the
Village to require the property owner 1) to use the land designated as land
banked parking spaces for additional parking, and /or 2) to construct additional
parking spaces on site and /or provide the use of off -site parking pursuant to Sec.
14.2206 of the Village Code, in the event that the use intensifies so as to require
more than the one hundred and sixteen (116) parking spaces initially permitted.
Such covenant shall be recorded at the Cook County Recorder's Office, run with
the land and specify the authority of the Village to require the additional parking,
if and when it deems necessary, subject to enforcement in the Circuit Court of
Cook County;
K. Prior to the issuance of a development permit, the petitioner shall provide final
civil engineering drawings for review and approval by the Village. The
engineering drawings shall include all site work including utilities, storm water
detention, and associated improvements;
L. Development of the site in accordance with all applicable Village Codes and
requirements, including, but not limited to, detention requirements, Fire
Prevention Code regulations, lighting regulations, Sign Code regulations; and
building regulations; and
M. A building permit, in accordance with the current regulations and requirements of
the Village of Mount Prospect, must be issued within one (1) year from the date
UAlvariationsannexationmayI520 12.docx 2
of adoption of the enabling ordinance by the Village Board which authorized the
development proposal. The development approvals granted herein, without need
for further action by any Village board, commission or official, shall become null
and void if no building permit is issued within the one (1) year requirement and
improvements completed with a period of eighteen (18) months.
SECTION 3 : EFFECTIVE DATE This Ordinance shall be in full force and effect from
and after its passage and approval as required by law.
PASSED and APPROVED this day of May, 2012, by a majority of the Corporate
Authorities on a roll call vote as follows:
AYES:
NAYS:
ABSENT:
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
HACLK0 \fi1es \WIN \0RDINANC \ua1 variationsannexationmay152012 .DOC
UAlvariationsannexationmay I 52012.docx 3
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Common Address: 1600 AND 1608 West Algonquin Road, Mount Prospect, Illinois
Permanent Index Number 08 -23- 100 -005:
The west 100 feet lying south of the south line of the north 448.65 feet of Lot 1 in Friedrich
Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11 East of the Third
Principal Meridian, according to the Plat thereof Recorded February 20, 1911 as Document
4709799, except that part of said Lot 1 taken for highways, in Cook County, Illinois.
Permanent Index Number 08 -23- 100 -006:
The east 100 feet of the west 200 feet lying south of the south line of the north 448.65 feet
of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11
East of the Third Principal Meridian, according to the Plat thereof Recorded February 20, 1911
as Document 4709799, except that part of said Lot 1 taken for highways, in Cook County,
Illinois.
Permanent Index Number 08 -23- 100 -007:
The east 285.43 feet of the west 485.43 feet lying south of the south line of the north 448.65
feet of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11
East of the Third Principal Meridian, according to the Plat thereof Recorded February 20, 1911
as Document 4709799, except that part of said Lot 1 taken for highways, in Cook County,
Illinois.
Common Address: A portion of 1200 East Algonquin Road
Permanent Index Number 08 -23- 100 -008:
That part of Lot 1 In Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded
February 20, 1911 as Document 4709799, except that part of said Lot 1 taken for highways,
in Cook County, Illinois, described as follows:
Beginning at the northwest corner of said Lot 1; thence on an assumed bearing of North 88
degrees 16 minutes 31 seconds East along the north line of said Lot 1, a distance of 842.51
feet; thence North 01 degree 43 minutes 29 seconds East, 50.00 feet to the north line of
Dempster Street; thence North 88 degrees 16 minutes 31 seconds East along said north line,
247.31 feet; thence South 01 degree 43 minutes 29 seconds East, 100.00 feet to the south line
of said Dempster Street; thence continuing South 01 degree 43 minutes 29 seconds East,
445.00 feet; thence South 88 degrees 16 minutes 31 seconds West parallel with said north line
of Lot 1, a distance of 520.20 feet; thence South 01 degree 43 minutes 29 seconds East, 557.94
feet to the northerly line of Algonquin Road (IL -62) as monumented; thence continuing South 01
degree 43 minutes 29 seconds East, 113.59 feet to the southerly line of Algonquin Road (IL -62)
as monumented; thence North 63 degrees 23 minutes 11 seconds West along said southerly
line, 112.81 feet; thence North 00 degrees 56 minutes 37 seconds West, 112.77 feet to said
northerly line; thence continuing North 00 degrees 56 minutes 37 seconds West, 551.66 feet;
UAlvariationsannexationmay 152012.doex 4
thence South 88 degrees 16 minutes 31 seconds West, 485.48 feet to the west line of said Lot 1
as monumented; thence North 00 degrees 56 minutes 37 seconds West along said west line,
398.65 feet to said south line of Dempster Street; thence continuing North 00 degrees 56
minutes 37 seconds West along said west line, 50.00 feet to the Point of Beginning.
EXHIBIT B
SITE PLAN
UAlvariationsannexationmayl 52012 .docx
RESOLUTION NO.
A RESOLUTION APPROVING
THE PRELIMINARY PLAT OF SUBDIVISION FOR
1600 AND 1608 WEST ALGONQUIN ROAD AND A PORTION OF 1200 EAST ALGONQUIN
ROAD (UNITED AIR LINES, INC.; BLUE SKY SUBDIVISION)
WHEREAS, United Air Lines, Inc., a Delaware corporation (the "Owner "), is the owner of the
real estate located at 1600 AND 1608 West Algonquin Road and a portion of 1200 East
Algonquin, Mount Prospect, Illinois (the "Property "); and
WHEREAS, on April 26, 2012 the Planning and Zoning Commission of the Village of Mount
Prospect held a hearing, designated as PZ- 04 -12, to consider a request for the approval of the
Preliminary Plat of Subdivision for the Property (the "Preliminary Plat of Subdivision "), to review
and comment on the Preliminary Plat, and to consider the comments of the Owner, the Village
staff, and the public relative to said Plat; 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 for the
approval of the Preliminary Plat of Subdivision; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given
consideration to the request for the approval of the Preliminary Plat of Subdivision and hereby
adopt the findings and recommendations of the Planning and Zoning Commission, which are
incorporated herein as if fully set forth, and find that the Preliminary Plat of Subdivision meets
the standards of the Village Zoning Code and that the granting of the proposed Preliminary Plat
of Subdivision is 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, A HOME RULE
MUNICIPALITY, AS FOLLOWS:
SECTION 1: The Preambles hereto are hereby made a part of, and operative provisions of, this
Ordinance as fully as if completely repeated at length herein.
SECTION 2: The President and Board of Trustees of the Village of Mount Prospect approve the
attached Preliminary Plat, titled "PRELIMINARY PLAT OF SUBDIVISION; BLUE SKY
SUBDIVISION ", prepared by GRAEF USA and dated May 8, 2012, which is attached hereto and
incorporated herein as Exhibit "A ".
SECTION 3 : A certified copy of this Resolution and the original of the attached Preliminary
Plat of Subdivision shall be recorded with the Office of the Cook County Recorder of Deeds by
the Village, at the cost and expense of the Owner, after all of the required signatures are placed
on the Plat.
SECTION 4 : This Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
PASSED and APPROVED this day of May, 2012, by a majority of the Corporate Authorities on
a roll call vote as follows:
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of May, 2012.
Irvana Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
United Air Lines — Resolution re: Approval of Preliminary Plat of Subdivision
EXHIBIT "A"
PRELIMINARY PLAT OF SUBDIVISION FOR THE
BLUE SKY SUBDIVISION
c
y O t
1 Z5
,
.
$
I � IMP
3 82 "2 o€ t 4 °� • F " �°g at 8 : 5 -` �
.°sii.osl 3..lL .H .005
H �h8o:�
I ���7 ���
w /
I Q
8 fr 8 46•x3 1 N .ag ^k� $.,_ 9 8m a._ /
pDog U00
/
3 ..60 .9r .00 4 N ° c a
� afro �x� bYo�aB�gg ��pt
I 8 ?8' S.g =�cFY -R fr FW8g8 ^Ln 9 _ hgggg � /
' g fi -'
8 4 'g £ _ FAR' p S " gfi 5 '�
_ ova Ngg'�oag -N
ie
°
0
5 p Q I i 8m I
3 16jv.
..62 .Cr .l r— �'�•
031101030 B3u3✓ / 5
y ryl II.OSI i.°S , y �'V •O 1x313513 ALlliln 7181a .01 / r 1 1 - o `
o L _L_ •� / R
3 .
CD
tY
fry
2
g
V
STATE OF ILLINOIS
SS
COUNTY OF C O O K )
CLERK'S CERTIFICATE
I, M. Lisa Angell, the duly appointed and qualified Village Clerk of the Village of Mount
Prospect, Cook County, Illinois, do hereby certify that attached hereto is a true and correct copy
of the Ordinance now on file in my office, entitled:
RESOLUTION NO.
APPROVING A PRELIMINARY PLAT OF SUBDIVISION
FOR THE BLUE SKY SUBDIVISION
which was passed by the Corporate Authorities of the Village of Mount Prospect at a regular
meeting held on the _ day of May, 2012, at which meeting a quorum was present, and
approved by the President of the Village of Mount Prospect on the _ day of May, 2012.
I further certify that the vote on the question of the passage of the said Ordinance by the
Corporate Authorities of the Village of Mount Prospect was taken by the Ayes and Nays and
recorded in the minutes of the Corporate Authorities of the Village of Mount Prospect, and that
the result of said vote was as follows, to -wit:
AYES:
NAYS:
ABSENT:
I do further certify that the original Ordinance, of which the attached is a true copy, is
entrusted to my care for safekeeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Village of Mount Prospect on the _ day of May, 2012.
Village Clerk
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: APRIL 27, 2012
SUBJECT: PZ- 07- 121143 W. PROSPECT AVENUE 1 OFF -SITE PARKING AGREEMENT 1
JOY AND ESTABAN AGUADO
The Petitioner would like to open a Mexican restaurant at the subject property and seeks approval of an
off - street parking agreement to comply with the required parking spaces. A restaurant is a permitted
use in the B5 District, but the Village's Zoning Ordinance requires one (1) parking space per four (4)
seats and 1 parking space per employee working during a peak shift. The proposed restaurant would
include forty three (43) seats and employ a maximum of six (6) employees during a peak shift.
Therefore, seventeen (17) parking spaces are required.
Although there are several on- street parking spaces along Prospect Avenue, the Zoning Ordinance
does not allow for the inclusion of on- street spaces as part of the parking calculation. The plat of
survey indicates up to two (2) parking spaces would be available for the restaurant in the rear. The
Petitioner seeks approval of an off -site parking agreement to lease fifteen (15) parking spaces to meet
the required parking. The former tenant at the Subject Property, Boulevard Caf6, had signed a similar
parking agreement. This agreement is no longer valid since the agreement was specifically between
the owner of Boulevard Caf6 and the Village.
Per the Petitioner's application, the restaurant would operate from 11 am to 12 am Sunday - Thursday
and from 11 am to 2 am Friday - Saturday. The Village Zoning Code does not regulate the hours of
operation for an establishment. The Village's Liquor License provisions do, however, impose
restrictions on hours of operation for restaurants serving alcohol. The proposed hours of operation
would comply with these provisions. The proposed parking lot agreement with the Petitioner does not
include a restriction on the hours of operation or require valet service.
The Planning & Zoning Commission conducted a public hearing to review the request on Thursday,
April 26, 2012, and by a vote of 5 -1, recommended approval of an off -site parking agreement for 143
W. Prospect Avenue, subject to the condition that employees park in the Wille Street parking lot. Details
of the proceedings and items discussed during the Planning and Zoning Commission hearing are
included in the attached minutes.
Please forward this memorandum and attachments to the Village Board for their review and
consideration at their May 25, 2012 meeting. Staff will be present to answer any questions related to
this matter.
William J. C oney, Jr., AlCV
5lvflkvblhnil5plan4plpnning @mning o mm% p &.20125..j-- \p.07.12143- prospca— (off- Mwpang ag'ee 1).doex
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -07 -12
PROPERTY ADDRESS:
PETITIONERS:
PUBLICATION DATE:
PIN NUMBERS:
REQUEST:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
INTERESTED PARTIES:
Hearing Date: April 26, 2012
143 W. Prospect Ave.
Esteban and Joy Aguado
April 11, 2012
08 -12- 113 -001 (Restaurant) / 08- 12- 113 -013 and -018 (Village
owned parking lots)
Approval of an Off -Site Parking Agreement
Richard Rogers, Chair
William Beattie
Joseph Donnelly
Keith Youngquist
Leo Floros
Jacqueline Hinaber, Alternate
None
Consuelo Andrade, Senior Planner
Brian Simmons, Deputy Director of Community Development
Joy Aguado, Izabella Raczynski, Dawn Fletcher Collins, John
Gilmore
Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Donnelly made a motion, seconded by Mr.
Youngquist to approve the minutes of the March 22, 2012 Planning & Zoning Commission meeting; the minutes
were approved 6 -0. After hearing two (2) previous cases, Chairman Rogers introduced Case PZ- 07 -12, 143 W.
Prospect Avenue at 8:11 p.m.
Ms. Andrade stated the Petitioner for PZ -07 -12 proposed to open a Mexican restaurant at 143 W. Prospect
Avenue and was seeking approval for an off -site parking agreement to lease fifteen (15) parking spaces to comply
with the Village's parking requirements.
Ms. Andrade said the proposed restaurant would be located at the southeast corner of Prospect Avenue and Pine
Street that included a vacant commercial space with related improvements. The space was formerly occupied by
the Boulevard Cafe restaurant. The Subject Property is zoned B5 Central Commercial.
Ms. Andrade stated the former restaurant had signed an off - street parking agreement with the Village of Mount
Prospect to lease fifteen (15) parking spaces. The previous parking lot agreement limited the hours of operation
to 10 p.m. Monday through Thursday and to 12 a.m. on weekends. In addition, valet service could have been
required if parking problems surfaced. The previous agreement is no longer valid since the agreement was
specifically between the owner of Boulevard Caf6 and the Village. The new agreement would not restrict the
hours of operation and would not require valet service.
Ms. Andrade said the proposed restaurant would include forty-three (43) seats and would employ a maximum of
six (6) employees during a peak shift. Based on this information, the restaurant would require seventeen (17)
parking spaces. The property can accommodate up to two (2) parking spaces in the rear for the restaurant use.
Richard Rogers, Chair PZ -07 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 1 of 5
Although there are several on- street parking spaces along Prospect Avenue, the Zoning Ordinance does not allow
for the inclusion of on- street spaces towards the required parking calculation. Consequently, the Petitioner was
seeking approval of an off -site parking agreement where fifteen (15) parking spaces would be leased from the
Village of Mount Prospect to meet the required parking.
Ms. Andrade stated the leased parking spaces would be located in the Pine and Wille Street parking lots located
along the rear of the commercial buildings along Prospect Avenue.
Ms. Andrade referenced the following table:
Restaurant:
Address:
Hours of Operation:
Mrs. P & Me
100 E Prospect Avenue
Mon - Thu: 11:30 a.m. —1 a.m.
Mount Prospect, IL 60056
Fri - Sat: 12 p.m. — 2 a.m.
Sunday: 12 p.m. - 1 a.m.
Blues Bar
2 W Busse Avenue
Sun - Thu: 11 a.m. — 1 a.m.
Mt Prospect, IL 60056
Fri - Sat: 11 a.m. - 2 a.m.
Canta Napoli
90 E Busse Avenue
Tue - Fri: 11 a.m. -10 p.m.
Mt Prospect, IL 60056
Sat: 4 p.m. - 10 p.m.
Sun: 11 a.m. - 9 p.m.
Sam's Place
15 W Prospect Avenue
Mon -Thu: 11 a.m. -1 a.m.
Mt Prospect, IL 60056
Fri - Sat: 11 a.m.- 2 a.m.
Ms. Andrade said the table compared the Petitioner's hours of operation to other restaurants located in the
downtown area. The Petitioner intends to serve lunch and dinner Monday to Sunday. The restaurant would be
open from 11 a.m. to 12 a.m. Sunday through Thursday and from 11 a.m. to 2 a.m. Fridays and Saturdays. The
Village Zoning Code does not regulate the hours of operation for a business. However, the Village's Liquor
License provisions restrict the hours of operation for restaurants serving alcohol. The proposed hours of operation
would comply with those provisions.
Ms. Andrade stated the hours of operation for the proposed Mexican restaurant are comparable to other
restaurants located in the downtown area of Mount Prospect. Mrs. P & Me, Sam's Place, and Blues Bar are open
until 1 a.m. during the week and until 2 a.m. during weekends. The proposed Mexican restaurant would close at
2:00 a.m. on Fridays and Saturdays, which would match the closing time of Mrs. P & Me, Blues Bar, and Sam's
Place.
Ms. Andrade said based on Staff's review of the request, Staff recommended that the Planning & Zoning
Commission approve the motion listed in the Staff Report.
Chairman Rogers asked if the proposed agreement was the same as the agreement for Boulevard Caf6. Ms.
Andrade stated the agreement is new because it does not restrict the hours of operation and does not require valet
service; otherwise it is the same agreement as Boulevard Caf6.
Mr. Beattie confirmed with Staff that the hours of operation were previously added to the old agreement. Ms.
Andrade said that the hours of operation were added to the old agreement as a response to the neighbors'
concerns. Ms. Hinaber asked if there were any concerns with the current proposal. Ms. Andrade stated that the
restaurant is not open and no concerns have been received by Staff.
There was discussion on when the Boulevard Cafe closed. Mr. Donnelly asked if there were any complaints
addressed while the Boulevard Caf6 was open regarding the parking. Ms. Andrade responded Staff had no
knowledge of complaints or concerns in relation to parking while Boulevard Caf6 was in operation.
Richard Rogers, Chair PZ -07 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 2 of 5
Mr. Beattie confirmed with Staff that there were issues with the hours of operation for Boulevard Cafe. Ms.
Andrade stated that the surrounding residents were concerned with parking, noise late at night, and trash in the
area.
Chairman Rogers swore in the Petitioner, Joy Aguado, 1000 Barberry Lane, Mount Prospect, Illinois. Ms.
Aguado said that her family is planning on opening a restaurant that serves traditional Mexican cuisine at the
Subject Property. She stated that the location fits their budget and the family really liked the downtown location
near the train station in Mount Prospect.
Chairman Rogers asked if the Petitioner understood that the previous restaurant had a tough time at the Subject
Property. Ms. Aguado understood Chairman Rogers' concerns and believed that the Subject Property was
feasible for their proposal.
Mr. Beattie asked if the Petitioner had any contact with residents from the surrounding neighborhood about the
new restaurant's concept and hours of operation. Ms. Aguado stated that there has been no personal contact with
anyone regarding the space. She said there has only been positive feedback from Mount Prospect Staff that they
have spoken with.
Mr. Floros confirmed with the Petitioner that there would be six (6) employees at the proposed restaurant during
peak hours. He believed that the proposed restaurant did not need the fifteen (15) parking spaces as required by
Code. Mr. Floros said that there is parking available along Prospect Avenue and he believed that the Petitioner
would be paying for spaces that they did not need.
Mr. Simmons explained that the Village Code required additional parking since the Subject Property was
previously a retail space that was converted to a restaurant space where it required a higher parking requirement.
Mr. Simmons stated since the Petitioner could not add additional spaces on the Subject Property, the restaurant
would be meeting Village Code by entering into a lease agreement with the Village for the adjacent parking lot.
He said the Petitioner could request a Variation to reduce the number of parking spaces for a restaurant to utilize
the on- street parking. Mr. Floros believed the Petitioner only needed to lease six (6) parking spaces for their
employees; not the fifteen (15). He further stated it would be in the best interest of the Village to review the
downtown parking requirements.
Ms. Hinaber asked if the fifteen (15) off -site parking spaces were ever utilized by the previous restaurant. It was a
consensus amongst the Commission that they were not utilized.
Chairman Rogers stated that many of the neighbors' concerns with Boulevard Cafe were that the overflow
parking would be on Pine Street. There was additional discussion regarding the availability of parking on
Prospect Avenue.
Chairman Rogers asked Staff if the Planning & Zoning Commission make a recommendation to the Village
Board that the number of required parking spaces be reduced. Mr. Simmons stated regarding the spaces required,
that would have to be done via a Code amendment or Variation request. He said that the Code could be reviewed
with the Village Board and come back in the future with any potential parking requirement changes for the
downtown area. Chairman Rogers made a recommendation that the Village Board and Staff look at the
appropriate number of spaces required within the downtown area.
Ms. Hinaber stated that there needed to be signage in the area publicizing the additional parking lot.
There was additional discussion regarding reducing the number of parking spaces and parking on Prospect
Avenue in lieu of the adjacent lot.
Richard Rogers, Chair PZ -07 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 3 of 5
Mr. Youngquist said when Boulevard Cafd came before the Commission previously; the surrounding neighbors
were in support of the restaurant utilizing the adjacent parking lot. He believed the Code was too strict in regards
to the Subject Case, but stated that cost to lease the spaces should not be a deal breaker for the Petitioner.
Ms. Aguado asked if the residents were concerned with parking on Pine Street, why the Village could not enforce
permit parking on the residential streets.
Mr. Beattie discussed the neighborhood's concerns regarding traffic and noise that were brought to the attention
of the Commission back when Boulevard Cafe went for their zoning approval.
Mr. Simmons addressed the comment from the Petitioner regarding permit parking. He said the Village typically
does not do permit parking because they are public streets and anyone who lives within the Village can park on
the street. Mr. Simmons stated placing restrictions in one (1) area would be a disservice to other residents in the
community. Chairman Rogers said that the Village also has overnight parking restrictions that would prevent
vehicles from staying in the area too late.
There was discussion regarding employees of the proposed restaurant parking in the adjacent lot. Mr. Simmons
stated a condition of approval would require that employees of the restaurant utilize the spaces furthest from the
restaurant.
Chairman Rogers swore in Izabella Raczynski, 108 S. Pine Street, Mount Prospect, Illinois. Ms. Raczynski stated
that her bedroom windows look directly out at the Subject Property. She requested that Commission recommend
the same restricted hours of operation for the Petitioner as were for Boulevard Cafd. Ms. Raczynski believed by
limiting the hours would alleviate some of the concerns of the surrounding residents. She said there were very
few issues with Boulevard Cafd since there were not busy. Ms. Raczynski stated there were some occasions when
Boulevard Cafd would be full to capacity when private parties were booked. She said the Police were contacted a
few times in regards to noise complaints and operating beyond their approved hours of operation. Ms. Raczynski
said that she welcomed the new restaurant, but wanted the feel of the neighborhood to remain residential.
Chairman Rogers asked Ms. Raczynski if there were issues of people parking in front of her home. Ms.
Raczynski said only when the previous restaurant held private parties. Chairman Rogers confirmed with Ms.
Raczynski that her biggest issue was the hours of operation.
Chairman Rogers swore in Dawn Fletcher Collins, 500 N. Wille Street, Mount Prospect, Illinois. Ms. Fletcher
Collins stated that she was excited regarding the proposed restaurant. She understood the concerns of the
neighbors and believed any of the previous problems were associated with the previous owner who would be held
responsible. Ms. Fletcher Collins discussed that the proposed restaurant would be a new owner. She said that
focus groups involving the Village, Chamber, and Downtown Merchants Group found that residents wanted a
Mexican restaurant in the downtown area.
Ms. Fletcher Collins said that the Petitioners have been very active with entrepreneurial workshops and
discussions offered by the Village, Chamber, and Downtown Merchants Association. She believed that the
Petitioner should be granted the hours of operation as other restaurants in the downtown area to show consistency.
Ms. Fletcher Collins stated that if problems did develop with parking, late hours, or noise that they be addressed
with the Petitioners immediately.
Chairman Rogers said that he believed the neighbors' concerns were with the bar patrons and not the owner. He
stated the patrons could potentially be creating additional noise in the late hours.
Chairman Rogers swore in John Gilmore, 810 N. Princeton, Arlington Heights, Illinois. Mr. Gilmore said he is an
investor in some Arlington Heights' establishments where Mr. Aguado served as Bar Manager. He discussed the
Richard Rogers, Chair PZ -07 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 4 of 5
responsibilities that Mr. Aguado previously had. Mr. Gilmore understood the residents' concerns, but discussed
the positives of the restaurant and how it would contribute to the local tax base.
Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the
public portion of the case at 8:41 p.m. and brought the discussion back to the board.
There was additional discussion on the hours of operation for the Subject Property and if the Commission would
be placing restrictions on those hours. It was determined by the Commission that they would vote on the motion
listed in the Staff Report in regards to parking and leave it up to the Village Board if the hours of operation
needed to be restricted.
Mr. Donnelly made a motion, seconded by Mr. Youngquist to approve an off -site parking agreement that provides
up to fifteen (15) off -site parking spaces as allowed per Section 14.2206 of the Village Code for the restaurant at
143 W. Prospect Ave., Case No. PZ -07 -12 subject to the Petitioner requiring restaurant employees to park in the
Wille Street lot.
UPON ROLL CALL: AYES: Donnelly, Floros, Hinaber, Youngquist, Rogers
NAYS: Beattie
The motion was approved 5 -1. The Village Board's decision is final for this case.
After hearing two (2) additional cases, Chairman Rogers asked if there were any citizens in the audience waiting
to be heard. Hearing none, Mr. Donnelly made a motion, seconded by Ms. Hinaber to adjourn at 9:36 p.m. The
motion was approved by a voice vote and the meeting was adjourned.
=- -11
Ryan Kast, Community Development
Administrative Assistant
Richard Rogers, Chair PZ -07 -12
Planning & Zoning Commission Meeting April 26, 2012 Page 5 of 5
I v
r
Village of Mount Prospect 'm°"ra PW
Community Development Department
CASE SUMMARY — PZ -07 -12
LOCATION: 143 W. Prospect Ave.
PETITIONER: Esteban and Joy Aguado
OWNERS: Metropolitan Bank Group & the Village of Mount Prospect
PARCEL #s: 08 -12- 113 -001 (Restaurant) / 08 -12- 113 -013 and -018 (Village owned parking lots)
ZONING: B5 Central Commercial
LAND USE: Vacant (Formerly Boulevard Cafe Restaurant), and two municipal parking lots
REQUEST: Approval of an Off -Site Parking Agreement
LOCATION MAP
Village of Mount Prospect Mount Prospect
Community Development Department
MEMORANDUM
FROM:
DATE:
HEARING DATE:
SUBJECT:
BACKGROUND
MOUNT PROSPECT PLANNING & ZONING COMMISSION
RICHARD ROGERS, CHAIRPERSON
CONSUELO ANDRADE, SENIOR PLANNER
APRIL 14, 2012
APRIL 26, 2012
PZ -07 -12 / OFF -SITE PARKING LOT AGREEMENT / 143 W. PROSPECT AVE.1
ESTEBAN AND JOY AGUADO / MEXICAN RESTAURANT
A public hearing has been scheduled for the April 26, 2012 Planning & Zoning Commission meeting to review
the application by Esteban and Joy Aguado regarding the request to enter into an off -site parking agreement with
the Village of Mount Prospect. The Petitioners are seeking approval to lease up to fifteen (15) parking spaces to
comply with the Village's parking regulations. The P &Z hearing was properly noticed in the April 11, 2012
edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within
250 -feet and posted a Public Hearing sign on the Subject Property.
PROPERTY DESCRIPTION
The proposed restaurant will be Iocated at the southeast corner of Prospect Avenue and Pine Street, and includes a
vacant commercial space with related improvements. The space was formerly occupied by the Boulevard Cafe,
restaurant. The property is zoned B5 Central Commercial and is adjacent to the B5 District to the east, south, and
west. The Union Pacific Northwest railroad tracks, zoned 12, are located north of the restaurant.
SUMMARY OF PROPOSAL
The Petitioner proposes to open a Mexican restaurant at the subject property and seeks approval of an off - street
parking agreement with the Village to comply with the required seventeen (17) parking spaces. A restaurant is a
permitted use in the B5 District. However, the Village's Zoning Ordinance requires one (1) parking space per
four (4) seats and I parking space per employee working during a peals shift. The proposed restaurant will
include forty three (43) seats and would employ a maximum of six (6) employees during a peak shift. Therefore,
seventeen (17) parking spaces are required. The plat of survey indicates up to two (2) parking spaces would be
available for the restaurant in the rear. Although there are several on- street parking spaces along Prospect
Avenue, the Zoning Ordinance does not allow for the inclusion of on- street spaces as part of the required parking
calculation. Consequently, the Petitioner seeks approval of an off-site parking agreement where fifteen (15)
parking spaces would be leased from the Village of Mount Prospect to meet the required parking.
The former tenant at the Subject Property, Boulevard Cafe, had signed an off - street parking agreement with the
Village of Mount Prospect to lease fifteen (15) parking spaces. However, that agreement is no longer valid. That
agreement was specifically between the proprietor of Boulevard Cafd and the Village and is not transferable to the
petitioner.
PZ -07 -12
PIanning & Zoning Commission Meeting April 26, 2012 Page 3
Per the Petitioner's application, the restaurant will offer popular Mexican dishes from different regions of Mexico.
The restaurant will provide lunch and dinner menus. The restaurant would be open from I I am -12 am Sunday -
Thursday and from 11 am- 2 am Friday- Saturday.
The Village Zoning Code does not regulate the hours of operation for an establishment. The Village's Liquor
License provisions do, however, impose restrictions on hours of operation for restaurants serving alcohol. The
proposed hours of operation would comply with these provisions. Additionally, the proposed hours of operation
will be comparable to the hours of operation of existing restaurants located in Mount Prospect's downtown area.
The table below documents the hours of operation of existing restaurants located in downtown Mount Prospect:
Restaurant:
Address:
Hours of Operation:
Mrs. P & Me
100 E Prospect Avenue
Mon - Thu: 11:30am — 1 am
Mount Prospect, IL 60056
Fri - Sat: 12 pm — 2 am
Sunday: 12 m - I am
Blues Bar
2 W Busse Avenue
Sun - Thu: I I am -- 1 am
Mt Prospect, IL 60056
Fri-Sat: 1 I am - 2 am
Canta Napoli
90 E Busse Avenue
Tue -Fri: I I am -10 pm
Mt Prospect, IL 60056
Sat: 4 pm - 10 pm
Sun: 11 am - 9 m
Sam's Place
15 W Prospect Avenue
Mon -Thu: 11 am- iam
Mt Prospect, IL 60056
Fri -Sat: 11 am-2am
The proposed floor plan would match Boulevard Cafes layout. The outdoor dining area shown on the plan will be
subject to administrative review and approval by the Community Development Department. The Petitioner will
be required to apply for an outdoor dining area permit and submit the required documentation as listed in Section
14.311 of the Zoning Ordinance.
Sec. 14.2206 of the VilIage's Zoning Ordinance permits off -site parking agreements under certain conditions and
requires the Village Board to approve the agreement. The off-site spaces would be located at the adjacent Pine
Street lot and the Wille Street lot. Staff recommends that the employees park at the Wille Street lot, leaving the
Pine Street lot and on -site spaces available for customer parking.
RECOMMENDATION
The location of the proposed off -site parking spaces is well within the 1,000 -foot limitation noted in Sec. 14.2206.
The lease will comply with See. 14.2206 and applicable requirements for leasing Village owned property.
Therefore, Staff recommends that the Planning & Zoning Commission approve the following motion:
"To approve an off -site parking agreement that provides up to fifteen (15) off -site parking spaces as
allowed per Sec. 14.2206 of the Village Code for the restaurant at 143 W. Prospect Ave., Case No.
PZ -07 -12 subject to the Petitioner requiring restaurant employees to park in the Wille Street lot."
The Village Board's decision is final for this case.
I concur:
William J. Cooney, AICP
Director of Community De lopment
7 A- i
VILLAGE OF MOUNT PROSPECT
COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847.818.5328
FAX 847.818.5329
Zoning Request Application
Mount Prospect Department of Community Development Phone Z54I.25tZ5.�J28
50 South Fmerson Street, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 1 TDD 847.392.6064
Name
Telephone (day)
t!
S Corp6ration
"Telephone (evening)
o !
love, 61
Street Address
Fax
srb 7 &J
City
State
Zip Code
Email
Interest in Property l
Q
Mount Prospect Department of Community Development Phone Z54I.25tZ5.�J28
50 South Fmerson Street, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 1 TDD 847.392.6064
C
0
V
Y
X.
W
Address(es) (Street Number Street) —
oc CT
I q3
Lot Area (Sc,.Ft) Lorin District Total Building Sq. f t. Sq. Ft. Devoted to Proposed
?�'} � C� use Fes? Ll I
Setbacks:
f=ront Rear Side Side
Building f ]eight Lot Cavcraee (`% Standard Parking Spaces Accessible Parking Spaces
Adjacent Land Uses:
North - -- South — — - - -- East — -- - West
Property Index Number(s): ---I- - __j -- � °"� ° C C)O
(attach additional sheets if necessary) —
Ixgal Description (attach additional sheets if necessary)
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 T[aD 847.392.6664
Proposed Use (as listed in the zoning district)_ _
G.
- - - - -... -- - - -- - -
Dcscribe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning
Request Approval (attach additional sheets if necessary)
w
C) w
x q
s�
�o
L)
I [ours of Operation —
%, A Wt TV Irijv
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 T[aD 847.392.6664
Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Strect, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 3 TDD 847.392.6064
Address(es) (Street Number, Street)
N) ose c�a
es
p t,ot
d
Area (Sq. ft)
Zoning ]istrict
offal Building Sq. Ft.
Sq. Ft. Devoted to Proposed
Use
5
Setbacks:
O rs.
c4
Front
Rear
Side
Side
¢"
Building Height
g g
Lot Coverage
g ( )
Standard Parking Spaces
Accessible Parking Spaces
Developer
Name
Telephone (day)
Fax
Email
_
Address _- --- _..—- - -._ —_
Attorney
Name
Telephone (day)
Fax
Email
Address
O 1
Q X
.. _
0
C4
O w
f=, o
Ow
Surveyor
Name
NJ
Telephone (day)
Fax
Email
Address
_
q
U Address
A
d
pa
Engineer
Name
Telephone (day)
Fax
Email
- --
Architect
Name
� i A
Telephone (day)
Fax
Email
—
Address
Landscape Architect
Name
Telephone (day)
Fax
Email
Address _— __
_
Mount Prospect Department of Community Development Phone 847.818.5328
50 South Emerson Strect, Mount Prospect Illinois Fax 847.818.5329
www.mountprospect.org 3 TDD 847.392.6064
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 Community Development Department's 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 agent's permission to enter on the property during
reasonable hours for visual inspection of the subject property.
I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and
accurate to the best of my knowledge.
Applicant Date
(sig a re)
Print Nam
l
If applicant is not property owner:
I hereby designate the applicant to act as my agent for the purpose of
the associated supporting material. /-) /
Property Owner 4
(s
Print Name
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
www.mountprospect.org
the zoning request(s) described in this application and
Date
Phone 847.818.5328
Fax 847.818.5329
TDD 847.392.6064
TAQUITOS
Our family orientated, authentic Mexican restaurant, Taquitos, will offer affordable
lunch and dinner menus. Our lunch atmosphere will be neighborhood friendly allowing teens
and adults to enjoy freshly home -made foods such as our Grandma's Mexican bread, tacos,
tamales, tortillas, tortas, and our house specialty, beef, pork, chicken or shrimp taquitos, using
fresh produce from Mt. Prospect's Farmers' Market
Then for the evening, our atmosphere will offer an interactive gathering including
unique and creative drinks made from fresh ingredients by our award winning mixologist,
Esteban Aquado, from Guanajuato, Mexico. Esteban has 18 years of experience as a manager,
cook, and master mixologist at La Casa Bonita in Libertyville, Fuego's in Arlington Heights,
Frontera Grill and Adobe Grill in Chicago. He's been recognized by "Check Please ", the "Daily
Herald" and "Metro Mix" for his bartender skills, creativity and diligence in using fresh produce
and the highest quality of tequilas and liquors. He's especially noted for pairing drinks with
meals and his blending of aquas frescas using fresh and seasonal produce and his creative
orchata mixes such as the pineapple orchata. He's also renowned for his Tepache or pineapple
juice tequila from Guanajuato as well as his famous watermelon margaritas using freshly
squeezed lime.
Our dinner menu will emphasize popular Mexican dishes from all of the different
regions of Mexico such as Chile Pueblano, Abondegas (Grandma's Mexican Meatball Soup),
Carne Asada, Cochinita PIN (a Yucatan favorite of slowly cooked pork), Beer Batter Mahi Mahi
(fish) tacos, Chicken Enchiladas with a Mole Poblano, Guanajuato Style Tamales (cheese,
chicken and beef), Tilapia al Cilantro with a Mango Relish, and our famous homemade
Grandma's Pozole (corn soup). International offerings will include tapa style appetizers such as
ceviche, freshly made guacamole, made at our guacamole station, and our famous crispy
taquitos (our house specialty) along with complete meals at affordable neighbor prices,
Our chef, German Marquez, also from Guanajuato, Mexico has vast experience in the restaurant
business and has served as the chef for the Twisted Lizard and the Silver Cloud restaurants in Chicago, as
well as at Fuego's in Arlington Heights and Chicago. His creative style of cooking will add a new flare to
the Mexican style cooking at Taquitos. In addition, Angel Otohm, the Executive Chef for Adobe Grill will
be our consultant offering us great tips on preparing Mexican dishes with a creative and modern flare.
So we are "ready and roaring" to share our creative style of Mexican cooking to offer Mount
Prospect an exciting Mexican style venue at comfortable, affordable and refined dining. lust drop in any
time from 11 :00 a.m. to 12:00 p.m. Sunday through Thursday, Friday and Saturday until 2 a.m. to say
"Nola ".
Esteban R. Aguado
1000 East Barberry Lane
Mount Prospect, IL 60056
773 • 744.4464
Summary of Qualifications
• Strong leadership qualities
• Fluent in Spanish and English
• Extensive knowledge in tequila, martini creations, mojito blends, top shelf liquor and Spanish wines
• Dedicated to customer satisfaction throughout their entire dining experience
• Confident working in a high volume restaurant
Professional Experience
Bar Manager, Casa Bonita, Libertyville, IL
April 2009 -- Present
• Manage the relationship with liquor suppliers and owner to maintain restaurant needs.
• Program weekly schedule for bartenders.
• Developed and monitor bartender responsibilities during daily shifts.
• Create a variety of drinks for weekly specials and monthly Tequila Dinners.
• Monitor bartender performance for drink consistency and excellent customer service.
Bar Manager, Fuego Grill[, Arlington Heights & Logan Square
January 2006 - -April 2009
• Developed tequila menu while working with suppliers.
• Upheld weekly inventory list and place orders to maintain supplies.
• Maintained impeccable bar cleanliness.
Bartender, Adobo Grill, Wicker Park, Chicago, Illinois
August 2004 — December 2005
• Responsible for balancing all cash transactions.
• Simultaneously took care of bar tables and supported the service bar.
Bartender & Assistant Manager, Emilio's Tapas, Chicago, Illinois
March 2001 — August 2004
• Balanced and ordered supplies for the monthly inventory.
Bartender, Adobo Grill, Wells, Chicago, Illinois
December 1999 — March 2001
• 'rained members of the team on proper service techniques and computer knowledge.
Activities
• Cooking and creating in the kitchen.
• Creating art pictures and designs in homes.
• Repair and upgrade homes.
• 1 enjoy playing racquetball and running.
► References available upon request.
0
0
O
♦ x .3't r G -
s- v
� r
ri
•�
' �Q V y �wr��� �
{
, r A
- � tit• lr
, -
1
Z /}
HIS
r
! STORY 8RlCK f " ; ` . �' 's►
� ` �✓ .090 ��'a 4 - _ 0 .,Y
2'.STORY BRICK COMMERCIAL BUILDING tf
Cn ti•
Al ��QQQ• v
r OLn. 0. 24' W
r fi(TORW )ELL y
)WHORK CL
VFj
r
i y 11
9
PR05PEGT AVENUE
E ECN R IN
PORTABLE PATIO
PENL-W6 'KK30'MIW
rTTP!OAL O D)
ExIST.
GuRi
42' P KL TABLE
rnnp�N Warr
S ri
M'piANT
0
E-5rN —
P�15Ti1:b TREi? STPEET Ll rt
4VCLR)yN0
• m rL, Taae
3' LIRE O. ISET fT'PIOhL CP Z
wn r
i�
NEN B.- w
000
•
� �-
f
kq
9
Lij-.4i
-o
2�
S�
9 1 r
I
1
i
PLAN
S ALE.
Model #421-033 Is a two -pansi fearing section.
Q Wx29 -7td" N'. Please specify your choice of color.
Campine with past and base and other one, two or
three panel sections (sold separately) to build fencing
to your specifications:
Poab VW In&AXW
- -. I
' Z��
z m a
� gay
N� a lu
fO :w l Y y
� = lL
x�
Q W .
2
e2l U
Q F�}
� S2a
W
LL
U
J
O
m
z
LLJ
w
cc >< o
o�-j
W
QOU
a O W
CC O
o a- -
H
CO
DATE: 15 XL 0B
JOIE NO: 16060
DRAW: 'r
=11- OH.
9NEET:
A -0
Little Bones
SMALL PLATES TU BE SHARED
SOPA AZTECA 0.00
TLUUDAS 0.00
Mexican Pizza topped with hlark beans, choice of proleft sour cream and cilantro finished
FRUITA CALLEJERA
0.00
MEXICAN STREET TACO 0.00
,local sweet torn on the rob perfectly cooked then lightlyhuttered and sprinkled with cotija
EMPANADAS
0.00
FRESH GUACAMOLE 7.50
Prepared to order with garlic, onion, Cilantro, ja/apeno, lime and salt. Your choice of mild,
CEVI(HE -- --SEASONAL FRESH FISH 0.00
CHORI -QUESO 0.00
Homemade rhorizo with melted Oaxaca cheese prepared in a cazuela.
YOLANDA'S GORDITAS 0.00
This is an icon from Guanajuato, my home town. fresh care masa, queso fresco, asedero,
and cotija Cheeses mixed with chile gualilla Cooked to perfection and served with mol-
CAMARONES AJILLO 0.00
Six Tiger Shrimp marinated in garlir and olive oil and slowed cooked in guaillo garlic
FLAUTAS 0.00
Crispy tacos, choice of chicken tinga, ropa vieja or potato queso fresco.
TACOS
TACOS AL PASTOR
Athiote morinoted pork slow cook with grilled
halve mode tortilla
TACOS DE PESCADO
fresh tilopio,
TACOS DE CARNE ASADA
TACOS DORADOS
ENTREES
Fmns AL GUSTO
Mode to ordef choice of skirt steak, chic
TAMPIQUENA
Skirt steak, served with black heans am
PORK CHOPS
Two guajillo marinated pork chops, sere:
PLATO VEGETARIANO
Black bean tamale stuffed with zurchin%
TILAPIA AL MOJO DE AJO
fresh tilapie marinated with garlic, cilm
CAMARONES ALA VERACRUTANA
Tiger shrimp, capers, olives, green pep
pe
TAMALES
fresh home made tamales, pork chicken,
Little Bones
A AA
LUNCH MENU
TORTA MILENESA
TORTA CUBANA
TORTA AL PASTOR
TORTA DE CARNE ASADA
TDRTA CHORIZO POBLANO RAJAS
HOMEMADE TAMALES --- SERVED WITH BLACI
LO
• Chicken Male
• Pork 6aajillo Salsa
Tres lduesos with Adova
CHOPPED SALAD
tilixedgreens, turn, hlack hears, forth
avocado and cilantro drizzled with an
SOPA AZTECA
Chile chipotle flavored chicken hroth m
avocado, chicken breast then finished
Little Bones
if
W i`
a
PRINT E MAIL STORY
As the last oflhe winter's chill leaves
the air, we thirst for fruity drinks and
icy cocktails. No more Irish Coffees or
brandy- infused cocoa for us. We want
bright drinks in sunny hues, and in my
mind no drink welcomes the sun's rays
more than a margarita.
Regarded as the most popular drink in
America (though martinis are giving it
M quite a run), the history behind this
tequila -based quaff varies by the
source. Was it named for an actress
who couldn't handle tequila straight, or
th ; l d f fo I An ele
Published: 4/29 /2*M 12:01 AM
TEAMS
Harald a p,
Harald experts Pick
basketball
e gI en o a rmer os g s
bartender or invented by a Mexican More Coverage
1
bar owner or an Acapulco socialite?
White the lore remains a point of Recipes
spirited debate, the building blocks of Corso l Futara
the classic cocktail do not Lime juice,
orange liqueur, sweetener and, of `- error -ter, i Margarita
-
Course, tequila. Cranberry Slush Margw ma
Esteban Aguado, the bar manager at
Fuego in Arlington Heights (and now Logan Square), has made thousands, probably
-
tens of thousands of margaritas, switching up tequila varieties and swapping orange
,..,:
liqueurs to create nirvana in a handblown glass. See what he says you need to make a
margarita on Page 2.
times. "You want the outside of the lime to be shirty and smooth;' Aguado says. The
..
limes for Fuego margaritas come from California, Mexico and South America and are
juiced by hand.
"I like the old - school way better than technology," he says. Make sure there are no
seeds, but a hint of pulp is OK.
Tn ma6e f—r H —.41 nan,f f/ inn limn 46— 11 n „n— — nlecc\
TEAMS
Harald a p,
Harald experts Pick
basketball
top
players
-
LEADERSHIP TEAM$
Daily Herald honors
outstanding teem
ORAMA ERA BEGINS
-
Complete coverage of
the inauguratlon
PAY TO PLAY?
-
Complete coverage of
,..,:
Blago0vich ease
RETURN TO Nits
Straggles and triumphs
..
after Cole Hell shootlngs
zaps ELECTION
Complete local, national
'aa REPORT CARDS
Did your schoot district
make the grade?
HOUSE ADVANTAGE
S
ADVANUM
State canines tighten slot
machines
LETTERS HOME
Us LAST
Final thoughts from tonal
soldiers
ACADEMIC TEAMS
Honoring our !test
students
PETS IN PERIL
Saving animals from
high- kill sheRem
HORROR HITS HOME
Full coverage of the N!U
shootings
A HEAVY TOLL
}:
Flaws In the state's open
' - X-:
Road system
Daily Herald I Fresh limes key to building a classic margarita
Sweetener. Taste the lime juice, as every batch will have different levels of sweetness
and tartness_ A batch of simple syrup (equal parts water and sugar cooked until dear
then cooled) will dull the puckery edge.
"You want it not too sweet, but not on the tart side," he says.
Agave syrup, made from the same plant as tequila, is gaining ground as a popular
sweetener, but keep in mind its flavor is sweeter than sugar so you'll need less.
Triple sec. Triple sec is a triple distilled liqueur flavored with orange peel. Aguado uses
Grand Mamter (French orange - flavored brandy), Cointreau (French liqueur flavored with
sweet and bitter oranges), Gran Torres (Spanish orange- scented liqueur) or Gran Gala
(Italy's version of Grand Mamier) depending on the type of margarita he`s making.
Cointreau and Grand Mamier add smoothness to high -end versions while Grand Gala's
heavier scent make it a good pair for frozen margaritas and those infused with other
fruits. Classic recipes call for equal parts lime juice and triple sec, so you'll want a % cup
for four drinks.
Tequila. For a traditional straight -up or on -the -rocks margarita, you want white or silver
tequila, Aguado says. "it's the smoothest." He recommends Dan Julio Blanco or
Corralejo Blanco. You'll want two parts tequila to lime juice, so for four drinks you'll want
1 cup.
He.. says he also uses bunco tequila in other fruit- infused margaritas, so the tequila flavor
doesn't muddy the fruit's notes.
Reposado tequila has rested two to 12 months in oak, giving it a golden color and
deeper flavor. Aguado says this type stands up In frozen margaritas,
"You can buy a very nice tequila for $4010 $60; it's not necessary to spend $100 for a
bottle," he says. The pricey ultra premium or anejo (aged) tequilas should be reserved
for sipping, he says.
Technique: Straight-up and on- the -rocks margaritas should be assembled in a cocktail
shaker, Aguado says. "Put in the ingredients and ice and shake it up; you want if foamy,"
he says.
Pour the contents in an 8- to 10 -ounce glass that's been rimmed with lime juice and salt
The, salt balances the acidity of the drink.
Salud!
. - - tJ f01[1�1i 0i2L
comments policy
,.,i >T 6 .. OUEb 7 NEWEST `'l 4
posted by oberon on Wed Apr 29, 2009 9:18 AU
This looks awesome) Is 9 a.m. to early for a margarita?
posted by pondering'i on Wed Apr 29, 2009 9:55 AM
tes�5:00 o'clock somewhere:)
posted by Fishman on Thu Apr 30, 2009 9:57 AM
Who caresl
posted by Fishman cn Thu Apr 30 2009 1:46 P1A
BTVy fuego in downtown Ali is not all that! went once; and if the food was free I would not
go back
8'NEWEST
YOU MQ7 t - to post a conarnerit to this Story.
Page 2 of 3
C��
Such and find C hiicagoland events
M saftwes
Fraro: 5112009 - to: 511!1009
Advanced Events Search
N
2.3
t;
633 N. Milwaukee Ave., Libertyville
(MI) 362 -4400 • uasabunitaliburtyvillexam
riven though we admire
die many treasures Mex-
iar has given us (think spring
break nips, Carlos Santana
and Sauna Hayek) the most
revered actually may be the
sight of a platehd of tacros al
pastor with creanty beans and
fluffy rite when a body craves
great Mexican food. `fine next
time only Mexican road will
do, vanaitos to Casa Bonita in
i,iberlyville.
All the familiar Mexican
trademarks are evident at this
old world Mexican candua
from the artwork of Chich6n
Itza ruins on the walls to the
colorful and lively atmosphere
that fustantly zooms you off to
sunny Me ce.
The search for the perfect
inargarita stops right here.
Check out Casa Bonita's pre -
nnium- stacked tequila bar
serving margaritas, a full line
Of Silver, Anejo and tiespos-
ado brands of prenrSurn tequi-
las and Mextctun hear,
Casa Bonita boasts a collaa
lion of store than 150 different
top-shelf tequilas that are IOU
percent blue agave. Choose
tLquila flights, shots and hand
shaken cocktails poured at
your table, Mixologist Estehan
Aguadu has shaken his share
of margatitas from prmttera
Grill to Adobo grill and has an
excellent grasp of spirits. Why
not test your palate at Casa
lionita s occasional tequila
tastings or order a pitcher of
tefreshiog homemade San-
gria with presnium red and
white wines plus apples and
oranges.
'the bright d6cor is maiched
by vibrant flavors: all of the
original owners' (Isabel and
Horacio Lopez) Guanajuato
recipes are to create aulhentic
Mexican food not the e'
day Tex -Mex interptttanarts
you'll find at fast food tac que-
ries. Chef Itenaldo Xiopecli s
busy kitchen delivers open-
ing possibilities such as piled
high nachos; quesadillas uoz-
htg melted cheese and your
choice of ground beef, steak,
seafood or shredded chicken
"there are plenty of expertly
made traditional items like
fajftas, tamales, enchiladas
and tacos for the gastronomi-
cally apprehensive but the rest
of us should dive in steak rel-
lean (grilled skirt steak stiffed
with Gulf A11111tp, green and
red peppers, grilled onions,
mushrootns Mid cheese; palls
on rajas --- tender strips of
chicken breast sauteed with
jalapenos and Spanish onions,
served in a creamy chipo-
fle sauce with your choice of
soft corn or flour tortillas; or
Yucatan -style rLd snapper,
You won't find carnhas on
many Mexican moms -- Casa
0
C
d
z
-i
m
11
2
c
z
D
z
O'
M
K
W
m
Bonita's specially seasoned a daily special, too, like pork Casa Bonita is waiting to
pork is served with a perky cochinitas or a seductive Mol- custotnixe a catering menu for
green chile sauce art the side cajete bowl of sizzling flank you and offers carry outs and
and yourchoiwol'solt coin or steak, shrimp, chilies and a children's menu for mildof
Door tortillas. 'There's always more. palates.
PARKING LEASE
Joyco Inc.
143 West Prospect Avenue — Mount Prospect, Illinois
THIS PARKING LEASE ( "LEASE ") DATED .TUNE 5, 2012 IS BETWEEN THE VILLAGE OF
MOUNT PROSPECT, BY AND THROUGH ITS COMMUNITY DEVELOPMENT
DEPARTMENT ( "LESSOR" or "LANDLORD ") AND JOYCO INC. ( "LESSEE" or "TENANT ")
FOR THE LEASE OF FIFTEEN (15) PARKING SPACES IN THE WILLE STREET
PARKING LOT LOCATED AT THE INTERSECTION OF WILLE STREET AND
EVERGREEN AVENUE ( "LEASED PREMISES" or "PREMISES ") IN THE VILLAGE OF
MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS, UPON THE FOLLOWING
TERMS AND CONDITIONS:
1. TERM
The term of this Lease shall be for five (5) years and shall commence upon date of
occupancy ( "Commencement Date ") and shall terminate five years thereafter or, subject to
paragraph 22, at such time as the Lessee is no longer the Owner of the restaurant business at 143
W. Prospect Avenue ( "Termination Date "), unless sooner terminated as provided in the Lease
( "Term "), or unless as extended as hereinafter provided vis -a -vis Options to Extend.
2. BASE RENT
Beginning on the Commencement Date or on the date of delivery of the Premises to Lessee,
if delivery occurs prior to the Commencement Date, Lessee shall pay to Lessor (more precisely to
the Finance Department of Lessor) or to such other person and at such place as may be designated
in writing from time by Lessor, base rent ( "Base Rent ") for the Premises, as follows:
Annual Rent: to be equal to the then - applicable Village rate (currently $90.00 per year for
each parking s ace
The subject Leased Premises consists of fifteen (15) total parking spaces
$90.00 * 15 = 1,350.00 total annual rent (inclusive of all 15 parking spaces)
based on the Village's current rate, but subject to increase if
the Village's rate subsequently increases
Base Rent shall also include any taxes payable pursuant to paragraph 3 below, and
assuming that the instant Lease has the effect of causing the County to tax the Premises, which
currently are not being taxes by the County.
Base Rent shall be payable in lawful money of the United States, in advance on the first day
of each year during the Term hereof, without receipt or invoice therefore and without any deduction
or setoff or abatement whatsoever, except in the event that, through no fault of Lessee, the Leased
Premises are rendered untenantable. (Rent shall not be deemed late for 15 days after due date.)
1
3. OWNERSHIP TAXES Lessee is responsible for payment of such Real Estate
Taxes on its proportionate share -- approximately one -third (1 /3) -- of the Premises as might be
billed by the County. (The approximated proportionate share is based on the number of parking
spaces (15) being leased by the Lessee divided by the estimated total number (45) of parking spaces
at the Premises).
4. PAYMENT OF ADDITIONAL RENT Not applicable. Lessee is not responsible
for payment of Additional Rent above and beyond the aforementioned Base Rent.
5. C.A.M PERCENTAGE: Not applicable. Lessee is not responsible for payment
of Common Area Maintenance Expenses.
. 6. C. A. M. EXPENSES. Not applicable. Lessee is not responsible for payment
of Common Area Maintenance Expenses,
7. LATE CHARGE Lessee shall pay a "late charge" equal to 3% of the amount then
due for all rent which is not paid within fifteen (15) days after the due date.
8. UTILITIES. Not applicable. Lessee is not responsible for payment of Utilities.
9. INSURANCE
A. Prior to taking occupancy of the Premises and at all times subsequent to
Lessee taking possession of the Premises, Lessee shall, at its sole cost and expense, procure and
maintain comprehensive general public liability insurance against claims for personal injury or
death or property damage occurring in connection with the use of the Premises, with commercially
reasonable coverage amounts.
B. With respect to policies which Lessee is required to procure and maintain
hereunder:
(1) Each such policy or certificate shall contain an agreement or endorsement
that it will not be canceled by the insurer without at least thirty (30) days prior written notice to
Lessor;
(2) Each such policy or a certificate therefor issued by the insurer thereunder,
shall be deposited by Lessee with Lessor;
(3) Not less than ten (10) days prior to the expiration date of any such policy,
Lessee will furnish Lessor with a new policy or certificate therefor or a renewal thereof;
(4) Lessee will not do, suffer or permit any act or omission, whether upon the
Premises or otherwise, which might or would result in voiding or impairing the obligation of any
such policy of insurance; and
(5) Lessee shall provide Lessor with evidence (certificate) of such insurance,
and Lessor shall be named as additional insured thereon.
2
10. RULES AND REGULATIONS Lessor shall have the right to adopt such
reasonable rules and regulations for the Premises as Lessor shall determine to be appropriate for the
enjoyable use thereof; provided, however, that such rules and regulations are reasonable and are
uniformly applied. Lessee shall substantially comply with all rules and regulations of which it has
notice.
11. ALTERATIONS Not applicable.
12. OPTIONS TO EXTEND There shall be two (2), five (5) year Options to Extend,
in favor of Lessee. Such options are personal to the Lessee and shall be in force only so long as the
Lessee is the Owner of the restaurant business at 143 Prospect Avenue. In the event that Lessee
opts to extend the Tern, then Lessee shall provide Lessor with written notice of said election not
later than thirty (30) days prior to the expiration of the lease Term, or the first Option period, if
applicable. The terms and provisions of this Lease shall continue in full force and effect during the
Options period(s), if exercised by Lessee.
13. ESTOPPEL LETTERS Lessee agrees that from time to time, upon not less than
ten (10) days prior written request by Lessor, it will deliver to Lessor a statement, in writing,
certifying that:
A. This Lease is unmodified and in full force and effect (or if there have been
modifications that the Lease, as modified, is in full force and effect);
B. The dates to which rent and other charges have been paid; and
C. To the best of Lessee's knowledge, that Lessor is not in default under any
provisions of this Lease or, if in default, the nature thereof in detail.
14. MORTGAGE OF PREMISES Lessor expressly reserves the right at any time to
place liens and encumbrances on and against the Premises, superior in lien and effect to this Lease
and the estate created thereby. This Lease, at the option of Lessor, is and shall be subject,
subordinate and inferior to the lien and estate of any liens and encumbrances, renewals, extensions
or replacements thereof now or hereafter imposed by Lessor upon the Premises. Lessee shall agree
to execute and deliver upon demand such further instrument or instruments subordinating this
Lease to any such liens or encumbrances as shall be desired by Lessor, and hereby irrevocably
appoints Lessor as its attorney -in -fact to execute and deliver any such instruments for and in the
name of the Lessee. Lessee shall not subordinate its leasehold interest herein to any lien on the
Premises without prior written consent of Mortgagee (as defined herein). Notwithstanding the
above to the contrary, however, Lessee' subordination shall in no way terminate this Lease or
conditions hereof.
15. ATTORNMENT Lessee agrees that, upon the written request of the holder
( "Mortgagee ") of any note secured by a mortgage ( "Mortgage ") affecting the Premises, Lessee will
agree in writing to subordinate this Lease and Lessee's rights hereunder to any such note and
Mortgage and that no action taken by the Mortgagee to enforce such Mortgage by reason of default
thereunder shall terminate this Lease or conditions hereof, and Lessee will attorn to the purchaser at
any foreclosure sale or the grantee in any conveyance in lieu of foreclosure as Lessor of the
building. Lessee will, upon written request of such purchaser or grantee, execute such instruments
as may be necessary or appropriate to evidence such attornment.
16. SECURITY DEPOSIT Not applicable.
17. UNTENANTABILITY If in excess of twenty -five (25 %) percent of the Premises
are made untenantable by fire or other casualty, Lessor or Lessee may, at their option, elect to:
A. Terminate this Lease as of the date of the fire or casualty by written notice
within thirty (30) days after that date;. or
B. Proceed to have Lessor repair, restore or rehabilitate the Premises at Lessor's
expense, in which latter event this Lease shall not terminate.
In the event the Lease is not terminated pursuant to these provisions, rent shall abate on a
per diem basis during the period of untenantability except, however, in the event that the cause of
the casualty was due to the fault of Lessee, its agents, employees, or invitees or except in the event
that the origination of the casualty or fire was in the Premises. In the event of the termination of this
Lease pursuant to this section, rent shall be apportioned on a per diem basis and paid to the date of
the fire or other casualty. If less than twenty -five percent (25 %) of the Premises are made
untenantable as aforesaid during the last year of the Term hereof, either party shall have the right to
terminate this Lease as of the date of the fire or other casualty by giving written notice thereof
within thirty (30) days after the date of fire or other casualty, in which event the rent shall be
apportioned on a per diem basis and paid to the date of such fire or other casualty.
18. MAINTENANCE AND REPAIR
A. Lessee shall, subject to Lessor's obligation herein provided, at all times
during the term hereof, and at Lessee's sole cost and expense, keep, maintain and repair the non-
structural portions of the Premises and all appurtenances thereto in good and sanitary order,
condition and repair.
B. Lessor shall maintain in good repair the exterior and structural portions of
the Premises, if any.
19. USE The Premises is hereby leased to Lessee upon the express conditions that:
A. Lessee shall use said Premises for the parking of motor vehicles for the
Lessee's patrons and/or employees in connection with Lessee's restaurant business at 143 Prospect
in Mount Prospect, Illinois.
D. Lessee's employees shall park in the Wille Street parking lot.
20. SIGNAGE Lessee shall have the right to attach or place such signage on or about
the Premises, provided that the size and design of all signage must be first approved by Lessor and
0
is in substantial compliance with all licensing and Building Code requirements for the Village of
Mount Prospect. Lessee shall be responsible for maintaining such signage and removing it in a
good and workmanlike manner at the end of the Lease_
2I. PERMITS AND LICENSES Lessee shall obtain all necessary permits and
licenses required by the Village of Mount Prospect in connection with Lessee' use of the Premises.
22. ASSIGNMENT AND SUBLETTING
The Lessee may transfer its interest to an entity with respect to which Lessee holds a
controlling interest. Otherwise, without the prior written consent of Lessor, Lessee may not
sublease, assign, or otherwise transfer or permit the transfer of this Lease or the interest of Lessee
in this Lease, in whole or in part, by operation of law or otherwise.
23. NOTICES All notices to be given by one party to the other under this Lease shall
be in writing, mailed or delivered as follows:
To Lessor: Village of Mount Prospect, Community Development Department
50 South Emerson Street, Mount Prospect, IL 60056
Attention: Judith M. Connolly, AICP
With a copy to: Everette M. Hill, Jr., Esquire
Klein, Thorpe and Jenkins, Ltd.
20 N. Wacker Drive, Suite 1660
Chicago, IL 60606
To Lessee:
Joyco Inc.
5057 W. Newport
Chicago, IL 60641
Attn: Esteban and Joy Aguado
Or to such other address designated by notice sent by either parry.
Mailed notices may be sent by first class mail, EXCEPT in the event of an alleged breach of
or default under this Lease, in which event any such notice shall be sent by certified mail, postage
prepaid, return receipt requested.
24. INDEMNIFICATION.
A. If any damage to the Premises results from any act or neglect of Lessee, its
employees, agents, contractors, licensees or invitees (whether patrons or employees), Lessee shall
be liable therefor and Lessor, at its option, may repair such damage and Lessee, upon written notice
to Lessee and written demand by Lessor, shall reimburse Lessor for all costs of such repairs and
damages in excess of amounts, if any, paid to Lessor under insurance covering such damage.
}
B. All personal property belonging to Lessee or any invitee of Lessee that is on
the Premises shall be there at the risk of Lessee or other persons only and Lessor shall not be liable
for damage thereto or theft or misappropriation thereof, except in the event same results from any
act or neglect of Lessor, its employees, agents, contractors, licensees or invitees.
C. To the extent not prohibited expressly by law, and except for matters arising
from the negligence or intentional acts of Lessor or any of its partners, directors, officers,
contractors, agents, employees or other tenants or invitees, or from Lessor's failure to perform any
of its obligations under this Lease, Lessee agrees to hold Lessor, and its agents, servants and
employees, harmless and to indemnify each of them against claims and liabilities, including
reasonable attorney's fees for injuries to all persons and damage to or theft, misappropriation or
loss of property occurring in or about the Premises arising from Lessee's use of the Premises or the
conduct of its business or from any activity, work or thing done, permitted or suffered by Lessee in
or about the Premises or due to any other intentional act or material omission of Lessee, its agents,
contractors, invitees, licensees or invitees, but only to the extent of Lessor's liability , if any, in
excess of amounts, if any, paid to Lessor under insurance covering such claims or liabilities.
25. DEFAULTS
A. In the event anyone or more of the following events shall have occurred and
shall not have been remedied as hereinafter provided: (1) Lessee's failure to pay any installment of
Base Rent when the same shall be due and payable and the continuance of such failure for a period
of five (5) days after receipt by Lessee of notice in writing from Lessor specifying in detail the
nature of such failure; or (2) Lessee's material failure to perform any of the other covenants,
conditions and agreements herein contained on Lessee's part to be kept or performed and the
continuance of such failure without the curing of same for a period of ten (10) days after receipt by
Lessee of notice in writing from Lessor specifying in detail the nature of such material failure, then,
Lessor may, at its option, with further notice and with due process of law, end the Term of this
Lease upon a date specified in such notice, and upon the date specified in said notice, the Term and
estate hereby vested in Lessee shall cease and any and all other right, title and interest of Lessee
hereunder shall likewise cease with further notice or lapse of time, as fully and with like effect as if
the entire Term of this Lease had elapsed.
B. Upon any termination of the Term of this Lease pursuant to Paragraph 25. A.
above, or at any time thereafter, Lessor may, with notice and with due process of law, in addition to
and without prejudice to any other rights and remedies Lessor shall have at law, or in equity, re-
enter the Premises, and recover possession thereof and dispossess any or all occupants of the
Premises in the manner prescribed by the statute relating to summary proceedings, or similar
statutes.
C. The rights and remedies of Lessor under this Lease are cumulative. The
exercise or use of anyone or more thereof shall not bar the Lessor from exercise or use of any other
right or remedy provided herein or otherwise provided by law, nor shall exercise nor use of any
right or remedy by the Lessor waive any other right or remedy.
R
26. ENTRY AND INSPECTION Lessee shall permit Lessor or Lessor's agents to
enter upon the Premises at reasonable times and upon reasonable notice, for the purpose of
inspecting the same, and will permit Lessor at any time within thirty (30) days prior to the
expiration of this Lease, to place upon the Premises any usual "To Let" or "For Lease" signs, and
permit persons desiring to lease the same to inspect the Premises thereafter. Under no
circumstances shall Lessor unreasonably interfere with Lessee's operations at the Premises.
27. POSSESSION Lessee shall be granted possession of the Premises upon the date of
commencement of the Term hereinbefore set forth at the beginning.of this Lease.
28. ATTORNEY'S FEES In case suit should be brought in connection with this
Lease, by either party, each party shall pay its own costs to be incurred in connection with such
action, including any attorneys' fees.
29. WAIVER No failure to enforce any term hereof shall be deemed to be a waiver.
30. HEIR_ S, ASSIGNS, SUCCESSORS This Lease is binding upon and inures to the
benefit or the heirs, assigns and successors in interest to the parties.
31. ENTIRE AGREEMENT The foregoing constitutes the entire agreement between
the parties and may be modified only by a writing signed by both parties, by and through their
authorized agents and/or attorneys.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed in
Mount Prospect, Illinois, on the dates hereinbelow set forth next to their signatures.
LESSEE:
By:
Esteban Aguado
Date: June 5, 2012
LESSOR:
Village of Mount Prospect
Community Development Department
By:
William J. Cooney, Jr., AICP
Its: Director of Community Development
Date: June 5, 2012
7
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A PARKING LEASE
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND
JOYCO. INC.. 143 WEST PROSPECT AVENUE. MOUNT PROSPECT. ILLINOIS
WHEREAS, Joyco, Inc., (Lessee) has proposed to operate a Mexican restaurant located at 143 West
Prospect Avenue; and
WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that it would
be in the best interests of the Village to participate with Joyco Inc. to meet the required parking
demand by providing Village -owned off -site parking for the proposed Mexican restaurant; and
WHEREAS, it has been further determined that it would be in the best interest of all concerned to
enter into said Agreement in conjunction with the operation of the Mexican restaurant.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Village President is hereby authorized to sign and the Clerk is authorized to attest
her signature on the Agreement between the Village of Mount Prospect and Joyco, Inc. being the
subject of this Resolution, a copy of said Agreement is attached hereto and hereby made a part hereof
as Exhibit "A ".
SECTION TWO This Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of May 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \files \WIN \RESWuth agrmt,VOMP & mexican restaurant 143prospectave .doc
s
Village of Mount Prospect
Community Development Department
MEMORANDUM '
TO: VILLAGE MANAGER
FROM: DEPUTY COMMUNITY DEVELOPMENT DIRECTOR
DATE: MAY 7, 2012
SUBJECT: NORTHWEST SUBURBAN HOUSING COLLABORATIVE — DEPARTMENT OF
COMMERCE AND ECONOMIC OPPORTUNITY'S IKE PLANNING GRANT
PROGRAM APPLICATION
Purpose
To provide support of an Ike Planning Program grant application submitted by the Northwest Suburban Housing
Collaborative to the Department of Commerce and Economic Opportunity,
Background
In 2011 the municipalities of Arlington Heights, Buffalo Grove, Mount Prospect, Palatine, and Rolling Meadows
through an intergovernmental agreement formed the Northwest Suburban Housing Collaborative (NWSHC). The
main initiatives of the Collaborative include rental housing preservation, foreclosure prevention, neighborhood
stabilization, and employer assisted housing. The Collaborative has been successful at obtaining two grants to
fund its operations and studies through 2012. These include a grant to hire a part-time consultant to coordinate
the activities of the Collaborative and a grant from the Chicago Metropolitan Agency for Planning to conduct a
Homes for a Changing Region study of each member community. The Collaborative continues to look for
additional grant opportunities to support its continued work beyond the first year of the group's existence.
Discussion
Recently the Collaborative was encouraged to look into the Department of Commerce and Economic
Opportunity's (DCEO) Ike Planning Program as a source to support the housing - related research and planning
being performed by the Collaborative.
The State DCEO is administering federal supplemental disaster recovery Community Development Block Grant
(CDBG) funds totaling over $169 million to address community needs associated with the September 2008 storms
resulting from Hurricane Ike. The majority of program funds were targeted toward activities such as flood
mitigation or infrastructure improvements. However, some of this funding is more flexible including $6 million
being made available to communities within eligible counties through the DCEO Ike Planning Program. All
municipalities located in Cook County are eligible for this funding.
Projects under the DCEO planning grant program are to be utilized to support the development and adoption of
forward thinking plans that address housing/community development, economic development, infrastructure,
transportation, and environmental preservation. Plans may elect to focus on one or more of these areas such as
housing - related needs which is identified as a mission for the Collaborative. Although the Collaborative
communities were not significantly impacted by the 2008 storms from Hurricane Ike, the Collaborative is an
eligible applicant for the program as it is located within Cook County.
The application period for the DCEO grant was short. DCEO made application materials available on January 31,
2012 and set a deadline of March 30, 2012. The Collaborative's Housing Coordinator consulted with
Northwest Suburban Housing Collaborative — Department of Commerce and Economic Opportunity's Ike
Planning Grant Program Application
May 7, 2012
Page 2
representatives from the five member communities and determined the DCEO grant would be appropriate to
support future Collaborative initiatives. The Village of Arlington Heights (acting as the Collaborative's lead
agency) submitted a tentative application to the DCEO for the Ike Planning Grant contingent upon the support of
the Village Boards of the other Collaborative member communities. The DCEO is aware that local reviews and
indications of support must occur. DCEO acknowledged that the quick turnaround time for this application
process would not afford most municipalities time prior to submission to finalize Board adoption of the necessary
resolutions.
If awarded, the DCEO funds will be used to support the work of the Northwest Suburban Housing Collaborative
beyond its first year. The funding would provide a basis for the Collaborative to follow up on policies and
recommendations adopted by the Homes for a Changing Region study which is currently underway. Only those
policies and recommendations that are included in the final Homes report and adopted by the Village Board
would be funded by the DCEO grant. The Ike Planning grant program is not intended for flood mitigation studies
or infrastructure improvements.
At first glance the DCEO Ike Planning Program appeared to be an unlikely fit for the work of the Collaborative.
However, discussions with the DCEO revealed that the Collaborative's work is consistent with this small and
limited planning component of the DCEO's overall program. Further, the DCEO criteria for this planning grant
program provides extra support to applications which are submitted by inter jurisdictional collaborations such as
the Northwest Housing Collaborative.
Recommendation
Staff recommends that the Village Board approve the attached resolution and intergovernmental cooperation
agreement with respect to the Northwest Suburban Housing Collaborative's grant application to the Illinois
Department of Commerce and Economic Opportunity's Ike PIanning Grant Program.
Please forward this memorandum and attachments to the Village Board for their review and consideration at their
May 15' meeting. Staff will be at that meeting to answer any questions related to this matter.
B Simmons, AICP
Deputy Community Development Director
HAPLAN1Northwest Housing CollahorativelVD DCEO Memo 050212,docx
INTERGOVERNMENTAL COOPERATION AGREEMENT
The Village of County, Illinois, seeks to support the efforts of the
Village of Arlington Heights to obtain CDBG Disaster Recovery Planning Program funds from the
Illinois Department of Commerce and Economic Opportunity for the Homes for a Changing Region
Implementation Plan located in the Northwest Suburban Housing Collaborative planning area which
includes Arlington Heights, Buffalo Grove, Mount Prospect, Palatine and Rolling Meadows.
As the chief executives of our respective local governments, we are signing this agreement to
cooperate as much as needed to accomplish these improvements.
The Village of Arlington Heights is hereby designated as the lead agency for this application and will
be the applicant for the funds. The Village of Arlington Heights will be liable for all program
administration functions should the grant be awarded.
Attest
Attest
Date:
Northwest Suburban Housing Collaborative
DCEO Planning Grant
Quick Facts
Grant Request
Municipal Match
Required:
Anticipated
Awa rd
Announcement:
Project Start
Date:
Project
Completion
Date:
$120,000
$0
Purpose
To develop an implementation strategy for the policy
and planning recommendations from the Homes for a
Changing Region report accepted by municipalities and
the Northwest Suburban Housing Collaborative.
Early Summer Grant Summary
2012
The Homes for a Changing Region study will be finalized
in November 2012, providing forward - thinking
January 2013 Collaborative -wide and municipal- specific
recommendations related to housing planning.
December
2013
Grant 11ses
Housing Coordinator time for
implementation planning
Collaborative planning costs
• Municipal staff time
reimbursement for
implementation planning work
• Municipal staff time and
expense reimbursement for
11i�T!T! 9.1
• Two public input meetings
(marketing, refreshments,
materials)
• Consultants and technical
assistance to facilitate process
• Municipal costs to update
housing plans (if deemed
appropriate by each
municipality)
The objective of the Homes for a Changing Region
Implementation Plan is to take those policy and
planning recommendations from the Homes study and
develop a long -term implementation action plan --
identifying actions needed at the municipal,
Collaborative and regional level. The Implementation
Plan will include a review of those impediments which
need to be overcome to accomplish its
recommendations as well as a deliberate strategy to
overcome them. It will highlight models of success from
within and out of the Collaborative area, and it will
develop plans to replicate those models successfully
throughout the Collaborative. Where no best practices
can be found to address particular needs, it will pull
together its collective planning and community
expertise to create them. While the Implementation
Plan is a strategy to meet changing housing needs for
the next 30 years, the action plan will focus more
immediately on the next 3 to 5 years.
Where so directed by individual municipalities, the
Collaborative will facilitate municipal adoption of a new
housing plan or an update to comprehensive plan
housing chapters.
For additional information, please contact Collaborative
Housing Coordinator Mary Lu Seidel at 847.368.5223 or
nwshcdirector @gmail.com.
RESOLUTION NO.
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL COOPERATION
AGREEMENT IN SUPPORT OF THE VILLAGE OF ARLINGTON HEIGHTS'
APPLICATION TO THE STATE OF ILLINOIS FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) DISASTER RECOVERY PROGRAM GRANT FOR
THE NORTHWEST SUBURBAN HOUSING COLLABORATIVE
WHEREAS, the Northwest Suburban Housing Collaborative Planning Area includes the Villages of
Arlington Heights, Buffalo Grove, Mount Prospect, Palatine and the City of Rolling Meadows; and
WHEREAS, the Village of Arlington Heights is applying to the State of Illinois for a CDBG Disaster
Recovery program grant to support the development of a Homes for a Changing Region Implementation
Plan for the Northwest Suburban Housing Collaborative; and
WHEREAS, the Village of Arlington Heights is designated as the lead agency for the application and will
be responsible for all program administration functions; and
WHEREAS, the grant funds will be used to support the housing - related research and planning performed
by the Northwest Suburban Housing Collaborative; and
WHEREAS, through its participation in the Northwest Suburban Housing Collaborative, the Village of
Mount Prospect will contribute to the completion of the Homes for a Changing Region Implementation
Plan; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that
the best interests of the Village would be served by entering into the Intergovernmental Cooperation
Agreement to support the Village of Arlington Heights' application for CDBG funds.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The President and Board of Trustees of the Village of Mount Prospect do hereby support
the application by the Village of Arlington Heights to the State of Illinois for a Community Development
Block Grant Disaster Recovery Program grant to support the development of Homes for a Changing
Region Implementation Plan for the Northwest Suburban Housing Collaborative.
SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in
the manner provided by law.
L\'1
NAYS:
ABSENT:
PASSED and APPROVED this day of May, 2012.
Irvana K. Wilks,
Mayor
ATTEST:
M. Lisa Angell,
Village Clerk
H: \G EN\ files \WIN \RES \Supporthosu ig ncol la borativemay2012
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: ASSISTANT VILLAGE MANAGER
DATE: MAY 9, 2012
SUBJECT: ELECTRIC AGGREGATION ORDINANCE
The proposed ordinance acknowledges the Plan of Operation and Governance public
hearing process was concluded as required by law and reinforces the aggregation
program with an opt out process with universal access. This ordinance also allows the
Village to proceed with placement of the RFPs to potential suppliers. Once the bid
responses come back to the Village the results will be evaluated by the Village staff and
consultant which will generate a recommendation for consideration by the Village
Board.
Depending on the timing of Village Board meetings and the rate window allowing for
lock in from the suppliers there may be a need to call a special Village Board meeting to
accept the bid results. However, that is not required at this time, but may be necessary
to ensure the most favorable rates.
I would request Village Board approval for the ordinance authorizing aggregation of
electrical load and adopting an electric aggregation plan of operation and governance.
Staff will be present at the meeting on May 15 to answer any questions.
DAVID STRAHL
H: \VILM \COMEDWggregation \VB Cover Authorize Plan of Governance Ordinance Memo.docx
Village
Of
Mount Prospect
Electricity Aggregation:
Plan of Operation &Governance
May 15,2012
HAVILWCOMEDWggregation \Plan of Governance.dou
TABLE OF CONTENTS
I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION ............... ............................... 1
II. DEFINITIONS .......................................................................................... ............................... 2
III. ROLE OF THE VILLAGE ....................................................................... ............................... 6
IV. ROLE OF THE AGGREGATION CONSULTANT ................................. ............................... 7
V . SUPPLIER SELECTION ........................................................................... ..............................8
VI. AGGREGATION PROGRAM AGREEMENT ....................................... ............................... 12
VII. IMPLEMENTATION PROCEDURES .................................................. ............................... 15
VIII. ADDITIONAL SERVICE TERMS AND CONDITIONS ....................... ............................... 19
IX. INFORMATION AND COMPLAINT NUMBERS .................................. ............................... 21
• Attachment A: VILLAGE of Mount Prospect Ordinance and Clerk's Certification
• Attachment B: VILLAGE of Mount Prospect Referendum Voting Results
I. HISTORY AND PURPOSE OF MUNICIPAL AGGREGATION
Pursuant to the Illinois Power Agency Act ( "Act "), 20 ILCS 3855/1 -92, the VILLAGE of
MOUNT PROSPECT ( "VILLAGE" or "The VILLAGE ") is authorized to aggregate the
electric loads of for residents and small commercial retail accounts located within its
municipal boundaries (herein referred to as "Municipal Aggregation "). As part of the
municipal aggregation, the VILLAGE may select a retail electric supplier, and enter into
an agreement to facilitate the purchase of electricity and related services and equipment
on behalf of the VILLAGE's residents and small businesses.
Additionally, the Act also states:
The corporate authorities or county board may also exercise such authority jointly with
any other municipality or county. Two or more municipalities or counties, or a
combination of both, may initiate a process jointly to authorize aggregation by a majority
vote of each particular municipality or county as required by this Section.
The VILLAGE may join with other municipal bidders to exercise its authority depending
on pricing responses to obtain the most favorable rate. If such a joint pricing option is
deemed advantageous to the pricing for residents the joint pricing option may be
considered as part of the acceptable of the electrical pricing bid.
The VILLAGE seeks to collectively aggregate the retail electric loads of eligible
residents and small commercial retail accounts and to solicit bids for the purchase of
that electricity. The VILLAGE intends to solicit bids seeking various pricing options,
contract terms, and options for increased volumes of renewable energy. Residential and
small commercial retail customers often lack the resources to conduct due diligence and
negotiate favorable terms with alternate retail electric suppliers on their own. With its
large quantity of eligible electric accounts, the VILLAGE has the potential to attract
lower rates than the current default tariff service rate, while also acquiring a cleaner
power supply.
In accordance with the Act, the VILLAGE passed Ordinance #5886 dated the 6 th day of
December, 2011 authorizing a referendum in the community on the March 20, 2012
ballot which asks the public for authority to create an Opt -Out Aggregation Program
( "Program ") for its residents and small business customers. A copy of the Ordinance
and Clerk's Certification is included in Attachment A to this Plan of Operation and
Governance.
The VILLAGE's voters approved the Municipal Aggregation Referendum at the March
20, 2012 primary election (a record of the vote in included in Attachment B to this
document). Following the referendum, the VILLAGE retained the services of a
Consultant to assist with planning and implementing the program, bidding and selecting
the electricity supplier, and advising the VILLAGE on public outreach and education
related to municipal aggregation.
Page 1 of 21
Mount Prospect Electric Aggregation Plan of Governance
The VILLAGE conducted a public outreach campaign to educate VILLAGE residents
and small businesses about the Program, and to gather input regarding their
preferences for the development of this Aggregation Plan of Operation and
Governance. Outreach efforts included public meetings, two (2) statutorily required
public hearings, press releases, news articles in local and regional media and
discussions with organizations and residents with a background in energy matters.
The VILLAGE will not buy or resell power, but will select through a competitive process,
and negotiate a contract with a competent and licensed alternative retail electric
supplier (ARES) to provide electric supply at contracted rates to all members of the
Aggregation Program. The AIRES shall provide accurate and understandable pricing
and facilitate opt -out notifications. The AIRES will also perform ancillary services for the
Aggregation Members as described in this Plan.
Because the VILLAGE adopted an opt -out aggregation program, all eligible customers
located within the VILLAGE will participate in the Program unless they affirmatively
elect to opt out of the Program. By identifying the procedures by which customers may
opt -out of the Program, the VILLAGE ensures that participation is voluntary and
individuals have the ability to decline to participate.
As required by law, this Plan of Operation and Governance describes the VILLAGE's
plan for:
1) Providing universal access to all applicable residential customers and equitable
treatment of applicable residential customers;
2) Providing demand management and energy efficiency services to each class of
customers and,
3) Meeting any other legal requirements concerning aggregated electric service.
The VILLAGE and the Consultant, and the selected AIRES will follow the Plan of
Operation and Governance set forth in this document. Amendments to this Plan of
Operation and Governance may be adopted in accordance with the Act at the option of
the VILLAGE.
II. DEFINITIONS
In order to clarify certain terminology, the following terms shall have the meanings set
forth below:
"Act" shall refer to the Illinois Power Agency Act as set forth at 20 ILCS 3855/1 -92 et
seq.
"Aggregation" or "Municipal Aggregation" shall mean the pooling of residential and
small commercial retail electrical loads located within the municipality for the purpose of
Page 2 of 21
Mount Prospect Electric Aggregation Plan of Governance
soliciting bids and entering into service agreements to facilitate for those loads the
purchase of electricity, related services and equipment in accordance with Section 1 -92
of the Act.
"Aggregation Consultant" or "Consultant" shall refer to Northern Illinois Electric
Collaborative (NIMEC), the independent consultant with demonstrated expertise in
electric supply contracting that has been retained by the VILLAGE to assist with the
implementation of each member municipality's Program.
"Aggregation Member" or "Member" shall mean a residential or small commercial
retail electric account enrolled in the VILLAGE's Municipal Aggregation Program.
"Aggregation Program" or "Program" shall mean the program developed by the
VILLAGE of Mount Prospect, as a Municipal Aggregator under the Act, to provide
residential and small commercial customers in the VILLAGE with retail electric supply
as described in this document.
"Aggregation Program Agreement" or
between the VILLAGE and the Supplier
services to Aggregation Members.
"Agreement" shall mean the agreement
whom will supply electricity and related
"Alternative Retail Electric Supplier" or "ARES" shall mean an entity certified by the
Illinois Commerce Commission to offer electric power or energy for sale, lease or in
exchange for other value received to one or more retail customers, or that engages in
the delivery or furnishing of electric power or energy to such retail customers, and shall
include, without limitation, resellers, aggregators and power marketers but shall not
include the Electric Utility or the VILLAGE's Aggregation Members. For purposes of this
document, the definition of Alternative Retail Electric Supplier is more completely set
forth in 220 ILCS 5/16 -102.
"Ancillary Services" shall mean the necessary services that must be provided in the
generation and delivery of electricity. As defined by the Federal Energy Regulatory
Commission, they include: coordination and scheduling services (load following, energy
imbalance service, control of transmission congestion); automatic generation control
(load frequency control and the economic dispatch of plants); contractual agreements
(loss compensation service); and support of system integrity and security (reactive
power, or spinning and operating reserves).
"Bidder" shall mean an Alternative Retail Electric Supplier that responds to a Request
for Proposals from the VILLAGE.
"Commonwealth Edison" or "ComEd" or "Utility" shall mean the Commonwealth
Edison Company, as the entity that has a franchise, license, permit or right to distribute
furnish or sell electricity to retail customers within the VILLAGE.
Page 3 of 21
Mount Prospect Electric Aggregation Plan of Governance
"Default Tariff Service" or "Default Rate" shall mean the electricity supply services
available to eligible retail customers of the Utility.
"Eligible Retail Customer" shall mean the residential and small commercial retail
customers of the Utility located within the municipal boundaries of the VILLAGE of
Mount Prospect and eligible to participate in the Aggregation.
"Energy Supply Price" shall mean the unit price ($ /kWh) charged by the Supplier to
cover the full costs associated with supplying electricity and related services to the
Members.
"ICC" shall mean the Illinois Commerce Commission as described in 220 ILCS 5/2 -101.
"IPA" shall mean the Illinois Power Agency established by Public Act 95 -0481, (20
ILCS 3855/1 -1 et.seq.);
"Ineligible Retail Customer" shall mean residential and small commercial retail
customers who are not eligible to participate in the Aggregation Program and are not
required to opt out during the Opt -Out Period.
"kWh" shall mean kilowatt-hour, which is the standard unit of measure of electricity
consumed.
"LIHEAP" shall mean the Low Income Home Energy Assistance Program funded either
jointly or singly by the Federal government or the state of Illinois to provide bill payment
assistance program for low- income residential customers.
"Load" shall mean the total demand for electric energy required to serve the
VILLAGE's residential and small commercial members in the Aggregation.
"PJM" shall mean the Regional Transmission Organization PJM Interconnection, a
regional transmission organization (RTO) that coordinates the movement of wholesale
electricity in all or parts of 13 states and the District of Columbia, including the ComEd
region.
"Municipal Aggregator" shall mean the VILLAGE acting as facilitator for the process
of securing competitive retail electric rates for the Aggregation Members pursuant to the
authority conferred by the Act and in accordance with this Aggregation Plan of
Operation and Governance.
"Opt -Out" shall mean the process by which a customer who would be included in the
Aggregation chooses not to participate in the Aggregation and to remain on or return to
ComEd's default tariff service or choose another ARES.
Page 4 of 21
Mount Prospect Electric Aggregation Plan of Governance
"Opt -Out Notice" or "Notice" shall mean the letter mailed to Eligible Retail Customers
informing them of the prices, terms and conditions of the Program and containing
instructions regarding how to Opt Out of the Program.
"Opt -Out Period" shall mean the time period during which eligible residents and small
commercial retail customers are notified of their eligibility to participate in the
Aggregation Program and provided instructions for opting out or in.
"PIPP" shall mean Percentage of Income Payment Plan (PIPP) created by the
Emergency Assistance Act, 305 ILCS 20 -18 to provide a bill payment assistance
program for low- income residential customers.
"Plan of Operation and Governance" or "Plan" shall mean this Aggregation Plan of
Operation and Governance.
"Qualified Bidder" shall mean a Bidder that meets the minimum criteria set by the first
stage of the VILLAGE's RFP process.
"REC" shall mean duly certified and verified Renewable Energy Credits.
"Request for Proposals" or "RFP" shall mean a formal written invitation to
responsible Bidders to submit qualifications and pricing methods for electricity supply,
services, and equipment to the Aggregation.
"Small Commercial Retail Customer" shall mean those retail customers with an
annual consumption of less than 15,000 kWh per 220 ILCS 5/16 -102, provided,
however, that the definition of Small Commercial Retail Customer will include such other
definition or description as may become required by law or tariff.
"Supplier" shall mean an Alternative Retail Electric Supplier selected by the VILLAGE
to supply electricity and related services to Aggregation Members under an Aggregation
Program Agreement.
"Switching Process" shall mean the process after the Opt -Out Period has expired
when Aggregation Members are switched to the selected Supplier's electric supply.
"VILLAGE" or "The VILLAGE" shall mean the VILLAGE of Mount Prospect, acting
by and through its corporate authorities, and authorized VILLAGE employees.
"VILLAGE Designee" shall mean the person (or persons) empowered by the VILLAGE
though Ordinance to authorize and execute a contract price lock for electricity supply on
behalf of the Village Board.
Page 5 of 21
Mount Prospect Electric Aggregation Plan of Governance
III. ROLE OF THE VILLAGE
A. Adopt Ordinances. The VILLAGE shall adopt: (1) an ordinance authorizing
an opt -out electric aggregation program; and (2) this Plan of Operation and
Governance.
B. Provide Notice. The VILLAGE shall be responsible for issuing all required
public notices and conducting all required public hearings concerning this Plan,
and any amendments thereto, in accordance with Section 1 -92 of the Act.
C. Request Data. The VILLAGE with the assistance of the Consultant shall
submit to ComEd, in writing, a warrant demonstrating the passage of the
VILLAGE's municipal aggregation ordinance, the adoption of this Plan by the
corporate authorities, and requesting the identification of retail and small
commercial electric customer account information and generic load profiles.
D. Maintain Confidentiality. The VILLAGE will maintain the account information
it receives in a confidential manner as required by law and will use that
information only for purposes of its Municipal Aggregation. The VILLAGE may
assign access to the account information to the Consultant for the purposes of
soliciting supply and service bids on behalf of the VILLAGE. The Consultant is
bound by confidentiality requirements in this regard, and shall only access and
utilize consumer data at the direction of the VILLAGE alone. Account information
will be considered confidential and will not be disclosed under the Freedom of
Information Act.
E. Review Accounts. The VILLAGE and Consultant will review the account list
to remove ineligible accounts, provided however, that the VILLAGE and
Consultant shall have no responsibility to potential aggregation members or the
ARES for the accuracy of the account information provided.
F. Provide Information. The VILLAGE shall be responsible for providing the
Consultant and ARES with resources and publicly available material to screen
out customers who are not located within the municipal boundaries.
G. Develop Request for Proposal. The VILLAGE and Consultant will develop a
Request for Proposals (RFP) for Electricity Services process in cooperation with
the Aggregation Consultant in accordance with the terms set forth in this
document. The VILLAGE will inform the potential bidders in the RFP document
of the VILLAGE's generic load profile information as provided by ComEd.
H. Evaluate Proposals. The VILLAGE will receive and evaluate proposals and
select any Supplier the VILLAGE finds to be in the best interest of the
VILLAGE's residential and small commercial. The VILLAGE is under no
obligation to enter into any service agreement with any Bidder and may, in its
Page 6 of 21
Mount Prospect Electric Aggregation Plan of Governance
discretion, choose to reject all bids, or to re -bid the electric service under the
same or amended terms of this Plan.
I. Authorize Notifications. The VILLAGE shall assist the Supplier in drafting
customer notification materials during the switching and opt -out process. The
VILLAGE shall specify the form and content of such materials, and all
communications disseminated by the Supplier to residents and small businesses
during the opt -out process must be approved by the Supplier.
J. Responsibility. The VILLAGE and Consultant, as the facilitators of this
bidding process, are not responsible for providing electricity to the members of
the Aggregation, or for billing or collecting for electricity provided under any
Aggregation Program Agreement, and have no responsibility beyond the duties
described herein. ComEd will continue to provide a single bill to Aggregation
Members for all electrical charges.
K. Cost Reimbursement. The VILLAGE shall implement and offer the
Aggregation Program as a service to its residents and small businesses. The
Program shall be revenue - neutral. Any VILLAGE expenditure related to the
Aggregation Program shall be recouped by the VILLAGE through a per kWh
charge, determined in the Agreement with the Supplier, which shall be collected
by the Supplier and remitted to the VILLAGE. All fees paid or collected by the
VILLAGE in conjunction with the Aggregation Program shall be disclosed to
aggregation members.
L. Energy Efficiency and Demand Response. The VILLAGE and Consultant
shall seek to develop effective energy efficiency and demand response programs
within six (6) months of the commencement of the Aggregation Program. To the
greatest extent possible, the VILLAGE will seek initial input concerning energy
efficiency and demand response programs from unbiased and publicly available
resources such as the Illinois Green Economy Network (IGEN) through the
Illinois Community College network.
IV. ROLE OF THE AGGREGATION CONSULTANT
A. Enter into a Written Contract. The Aggregation Consultant will enter into a
formal written contract with the VILLAGE. The contract will specify terms, duties
and maximum compensation due to the Consultant from the Village.
B. Fulfill Assigned Duties. The Aggregation Consultant shall advise and assist
the VILLAGE with the development and implementation of its Municipal
Aggregation Program, including advising staff and upon request elected officials
(at the request of the VILLAGE) on all aspects of the program; developing all
necessary documents, soliciting and reviewing bids received, making
recommendations as appropriate and monitoring the Supplier's compliance with
the requirements of the Agreement.
Page 7 of 21
Mount Prospect Electric Aggregation Plan of Governance
C. Maintain Independence and Disclosures. As required by the Electric
Service Customer Choice Act, the Consultant will be in a fiduciary relationship
with the VILLAGE and owes the VILLAGE and its Aggregation Members the
duty of loyalty and independent judgment. The Consultant will be disqualified and
dismissed if it (1) acts directly as the agent for any ARES; (2)does not disclose
any shared revenue arrangement(s) with another party originating from a specific
ARES that has responded to the Village's request for pricing; or, (3) limits the
pool of ARES in a manner that reduces the options of the VILLAGE. It is the duty
of the Consultant to disclose any such relationships and activities and to
terminate the agreement in the event they occur. Breach of these terms will result
in the VILLAGE terminating the Consultant Agreement.
D. Arrange for Fees. The Consultant shall be paid directly by the Supplier. The
VILLAGE may reimburse itself for Consultant expenses through the addition of a
fee to the supply or service contract costs negotiated with suppliers. If the
VILLAGE chooses not to contract with a supplier, the VILLAGE will not be
responsible to pay the Consultant any fee or compensation. The consultant shall
disclose the fee arrangement between the supplier and the consultant based on
the intended rate agreed to by the Village and the consultant.
E. Maintain Confidentiality. The VILLAGE, upon receiving confidential
customer information from ComEd, shall be subject to the limitations on the
disclosure of that information described in Section 21-11-1 of the Consumer Fraud
and Deceptive Practices Act, 815 ILCS 505/2HH. If the Consultant has access to
confidential customer account information at any time, the Consultant agrees not
to use that information for any purposes outside the scope of the services
provided by this Agreement. The Consultant specifically agrees not to use for
itself, or to sell, trade, disseminate or otherwise transfer that information to any
other party for any purpose other than this Aggregation Program. The VILLAGE
will not be liable for any use of confidential information by the Consultant that
violates the law or this agreement. The consultant agrees to indemnify the
Village.
F. Notify and Inform VILLAGE. The Consultant shall advise the VILLAGE on
any changes in laws, rules, tariffs or any other regulatory matter that impacts the
Aggregation during the term of the Service Agreement.
V. SUPPLIER SELECTION
A. Competitive Sourcing. The VILLAGE will select a Supplier for the
Aggregation through a competitive solicitation process. The selection will be
based on the best value to the Aggregation and not simply best price.
B. Bidding Process Structure. The VILLAGE, working in cooperation with the
Consultant, shall develop a Request for Proposals containing the terms and
Page 8 of 21
Mount Prospect Electric Aggregation Plan of Governance
conditions required in this Plan of Operation and Governance. The solicitation
process will be conducted in accordance with all applicable state and local laws
and VILLAGE bidding practices and protocols.
C. Local Authority. The corporate authorities of the VILLAGE will retain the full
and absolute right to accept, accept with conditions, or reject any proposal. The
VILLAGE may, but is not required to, select a supplier to provide an electricity
supply for the Aggregation Program according to the terms of this Plan. If the
VILLAGE does not select a Supplier, the VILLAGE will notify the Aggregation
Members that their electricity will continue to be provided through the ComEd
default tariff service.
D. Pricing. Bidders will submit fixed rate bids ($ /kWh) to be charged to provide
full- requirements electricity supply, including capacity, transmission, and ancillary
services to Aggregation Members. The VILLAGE's intent in soliciting the
proposals is to provide residents with delivered electricity prices that are always
less than ComEd's applicable rates.
E. Supply Options. Pricing options for at least the following supply options will
be sought through the solicitation:
1. Standard Community Energy Mix. Electricity supply that includes the
minimum level of renewable energy resources for the entire Aggregation
Portfolio as required by the State of Illinois Renewable Portfolio Standard.
2. Enhanced Community Renewable Energy Mix. Electricity supply that
includes volumes of Renewable Energy Credits (RECs) in excess of the
minimum level of renewable energy resources required for the entire
Aggregation Portfolio by the State of Illinois Renewable Portfolio Standard.
The excess REC volumes are to be sourced from biomass, hydro, wind,
solar photovoltaic, or landfill gas and certified by a reliable authority.
Supplying the elevated number of RECs to the Aggregation will be a
pricing option in the solicitation process. Costs associated with securing
the excess RECs will be applied to all Members if the option is accepted
by the VILLAGE.
3. Enhanced Individual Renewable Energy Mix. Electricity supply that
includes the minimum level of renewable energy resources for the entire
Aggregation Portfolio as required by the State of Illinois Renewable
Portfolio Standard. Excess REC volumes are offered to individual
Members seeking to increase their renewable energy mix for their own
accounts. RECs are to be sourced from biomass, hydro, wind, solar
photovoltaic, or landfill gas and certified by a reliable authority. Supplying
the elevated number of RECs to Members on an individual basis will be a
pricing option in the solicitation process. Costs associated with securing
Page 9 of 21
Mount Prospect Electric Aggregation Plan of Governance
the excess RECs will be applied only to those Members that choose to
secure the added RECs at their own option.
The VILLAGE will determine whether any option beyond the Lowest Price
Mix will be accepted.
F. Qualification of Bidders. Bidders must demonstrate that they satisfy each of
the following requirements:
1. State and Utility Certifications and Licenses.
L A certificate of service authority from the State of Illinois as a
certified retail electric supplier and any and all other licenses or
certifications required by the ICC;
ii. Current registration as a retail electric supplier with ComEd;
iii. Proof of the company's bond posting with the ICC;
iv. Commitment to comply with all applicable laws and regulations
of the State of Illinois.
2. Transmission Agreements. A Service Agreement for Network
Integration Transmission Service under the PJM Open Access
Transmission Tariff;
3. Data Systems.
i. Electronic Data Interchange computer network that is fully
functional at all times and includes back -up file saving systems, and
is capable of handling the ComEd residential and small commercial
retail electric customers in the VILLAGE;
ii. A secure database of Customer Account Information that will
include the ComEd account number, and Supplier account number
of each active Member, and other pertinent information such as
rate code, rider code (if applicable), and usage and demand history.
The database will be updated on an ongoing basis. The data
contained in the database will be held strictly confidential.
Customer Account Information for a minimum of two years following
the termination of the Agreement and may not be re -sold or used
for future marketing purposes. Any breaches in data confidentiality
must be promptly reported to the Village.
4. Corporate Capacity. The internal resources to meet the needs of the
Aggregation Program.
Page 10 of 21
Mount Prospect Electric Aggregation Plan of Governance
i. Maintain the necessary corporate structure to sell electricity
supply to the ComEd residential and small commercial retail
customers in VILLAGE;
ii. Proof of company's (or parent company affiliate's) credit rating as
reported in the most recent company annual or quarterly reports.
5. Customer Service — Supplier's Responsibility.
i. The ability to reach all ComEd residential and small commercial
retail customers in the VILLAGE to educate them on the terms of
the Aggregation Program and the Act, ensuring that marketing
materials take into account multiple modes of communication
including but not limited to regular mail using the VILLAGE's
envelopes, email distribution lists, websites, social media and
phone contact;
ii. A local or toll -free telephone access line which will be available
to Aggregation Members 24 hours a day, seven days a week.
Trained company representatives will be available to respond to
customer telephone inquiries during normal business hours. After
normal business hours, the access line may be answered by a
service or an automated response system, including an answering
machine. Inquiries received after normal business hours must be
responded to by a trained company representative on the next
business day. Under normal operating conditions, telephone
answer times by a customer representative, including wait time,
shall not exceed thirty (30) seconds when the connection is made.
If the call needs to be transferred, transfer time shall not exceed
thirty (30) thirty seconds. These standards shall be met no less
than ninety (90) percent of the time under normal operating
conditions, measured on a quarterly basis;
iii. The capacity to deliver customer service for Members requiring
non - English verbal and written assistance;
iv. The capacity to deliver customer service for hearing impaired
Members;
v. Accommodate Member inquiries and complaints about energy
supply and services;
vi. Answer questions regarding the Program in general.
Page 11 of 21
Mount Prospect Electric Aggregation Plan of Governance
G. Evaluation of Qualifications. The VILLAGE and Consultant will evaluate
and assign scores to each Bidder based on the following criteria in order to
establish a Qualified Bidder Pool.
1. Financial strength of the Bidder;
2. Quality of the Response to the Aggregation Plan and RPF;
3. Quality of the Opt -Out Plan and Account Enrollment Timeline;
4. Experience as a supplier in the local market;
5. Any other factors deemed to be in the VILLAGE's best interest.
6. Quality of customer services and education program.
H. Award. The VILLAGE will select the Bidder which the VILLAGE determines
to be in the best interests of the VILLAGE. The VILLAGE will not be required to
award any Agreement that is not deemed by the VILLAGE to be in the best
interests of the VILLAGE.
I. Insurance. Suppliers responding to the Village's RFP shall provide a statement
indicating, if selected, their ability to provide the required insurance certificate
naming the Village of Mount Prospect as an additional insured and that their
insurance coverage levels are equal or greater than what is required. The surety
and their insurance company must have not less than an A rating from the Alfred
M. Best Co., Inc. and be approved by the Village of Mount Prospect, such
approval shall not be unreasonably withheld. Only selected ARES will be
required to provide the insurance certificate.
VI. AGGREGATION PROGRAM AGREEMENT
The VILLAGE will enter into an agreement with a selected ARES which contains the
following minimum terms and conditions:
A. Compliance with Requirements of the Bid and Plan. The Agreement shall
require the Supplier to maintain all required qualifications, and to provide all
services specified in the RFP and this Plan.
B. Term. The VILLAGE's first Agreement shall be for period of not less than a
one year period. Through the RFP process the Village will obtain different
timeframes as part of the evaluation for the most favorable pricing agreement.
Following the expiration of the initial term, the Supplier will continue to provide
electric service on a month to month basis at its then best rate until provided with
30 day written notice to discontinue providing service. If the Agreement is
extended or renewed, Members will be notified by the VILLAGE as required by
Page 12 of 21
Mount Prospect Electric Aggregation Plan of Governance
law and the rules of the ICC and IPA as to any change in rates or service
conditions. The VILLAGE will have the discretion to set the length of any
subsequent contract term.
C. Charges and Fees. Neither the VILLAGE nor the supplier will unilaterally
impose any terms, conditions, fees or charges on any Member served by the
Aggregation Program other than the rate quoted in the Fixed Price component of
the RFP and a reasonable administrative fee to the VILLAGE for expenses
incurred to establish and administrate the Aggregation. Changes in tariffs, taxes,
obligations, and licensure enforced by either federal or state regulatory bodies
may be passed through to Members provided that the Supplier provides sufficient
advanced written notice of such changes to the VILLAGE and receives the
written permission of the VILLAGE at least 60 days before a change is
implemented, unless the period is specifically waived by the Village.
1. Opt -Out Fees. No exit fees will be applied to Aggregation Members
who seek to opt -out of the Aggregation after the initial opt -out process has
concluded.
2. Opt -In Fees. No entrance fees will be applied to accounts who seek to
join the aggregation after the commencement of the Aggregation supply
contract.
3. Account Transfer Fees. No fees will be applied to Aggregation
Members who relocate within the VILLAGE and new customers who
establish new electric service.
D. Billing. Collection and credit procedures remain the responsibility of the Utility
and the individual Aggregation Member. ComEd will continue to provide a single
bill to Aggregation Members. Members will continue to remit and comply with the
credit/payment terms of ComEd including the option to opt for a budget bill
through ComEd. The VILLAGE will not be responsible for late payment or non-
payment of any Member Accounts. Neither the VILLAGE nor the Supplier shall
have separate credit or deposit policies for Members.
E. Supply Mix. The Agreement shall specify the supply mix as quoted in the
proposal.
F. Supply Pricing. The Agreement shall specify the rates due from eligible retail
customers that join the Program. Pricing will be established on a fixed rate basis
for the following Member groupings:
1. Standard. Those accounts enrolled through the standard Opt -Out
process.
Page 13 of 21
Mount Prospect Electric Aggregation Plan of Governance
2. Off - Cycle. Those accounts seeking enrollment at times other than the
Standard Opt -Out process. The Agreement will require that the Supplier
use all commercially reasonable efforts to provide accounts seeking entry
to the Aggregation after the initial Opt -Out period with the same electricity
supply pricing as that provided the entire Aggregation. Accounts enrolled
after the initial Opt -Out period will be included in any Standard pricing
offers presented to the Aggregation after the account is initially enrolled.
G. Confidentiality of Customer Database. The Agreement shall require the
Supplier to preserve the confidentiality of all Aggregation Members' account
information and shall agree to adopt and follow protocols to preserve that
confidentiality. The Supplier, as a material condition of any contract, shall not
disclose, use, sell or provide customer account information to any person, firm or
entity for any purpose outside the operation of this Municipal Aggregation
Program. This provision will survive the termination of the agreement. The
VILLAGE, upon receiving customer information from ComEd, shall be subject to
the limitations on the disclosure of that information described in Section 2HH of
the Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2HH.
H. Non - Competition. The Supplier must agree not to solicit or contract directly
with Aggregation Program customers for service or rates outside the Aggregation
Program, and agrees not to use the Customer information for any other
marketing purposes.
I. Hold Harmless. The Supplier must agree to hold VILLAGE financially
harmless from any and all financial obligations arising out of its role as facilitator
of the Municipal Aggregation.
J. Reporting. The Agreement will provide that the Supplier will provide the
VILLAGE with such reports and information as required in this Plan.
K. Reimbursement. All costs incurred by the Village associated with the
development and management of the Aggregation Program shall be reimbursed
by the Supplier and facilitated through the application of a cost addition
embedded in the Energy Supply Price charged to Members.
L. Subcontractors. Subcontractors will be held to the same strict confidentiality
standards applicable to the Supplier and will be required to otherwise comply
with the requirements of the Agreement. The use of subcontractors whether
approved or unapproved will not relieve the Supplier from the duties, terms and
conditions in the Agreement. The Supplier shall be an authorized reseller of
electricity; as such their relationships with PJM or energy producers shall not be
considered subcontracts for purposes of the Agreement.
M. Additional Services. The Agreement may provide that the Supplier will assist
the VILLAGE in developing a Member Education Plan. The Agreement may
Page 14 of 21
Mount Prospect Electric Aggregation Plan of Governance
provide that the Supplier will assist the VILLAGE in developing an Energy
Efficiency and or a Demand Response program.
The Agreement will not preclude the VILLAGE from developing its own Member
Education, Energy Efficiency, and Demand Response programs.
VII. IMPLEMENTATION PROCEDURES
A. Initial Enrollment Process. After selecting a Supplier, the VILLAGE and the
Consultant, under confidential agreement with the Supplier, will work with the
Supplier to notify eligible retail customers of the Program. The VILLAGE's
Aggregation is an Opt -Out program pursuant to 20 ILCS 3855/1 -92. Any eligible
electric account that opts out of the Program pursuant to the procedures stated
below will automatically be placed on the ComEd default tariff service unless and
until the account chooses another Supplier.
1. Eligible Retail Customer List. After selecting a Supplier, the VILLAGE
and the Consultant will request from ComEd the full listing of residential
and small commercial accounts located within the boundaries of the
VILLAGE. Under confidential agreement with the Supplier, the VILLAGE
and Consultant will work with the Supplier to remove any customers
determined to be ineligible due to one or more of the following:
i. The customer is not located within the VILLAGE;
ii. The customer has a pre- existing agreement with another
Supplier;
iii. The customer has free ComEd service;
iv. The customer has hourly rate ComEd customer (real time
pricing);
v. The customer is on ComEd's electric heat rate (depending on the
rate results);
A. The customer is on a ComEd bundled hold.
2. Initial Opt -Out Process. After the Eligible Retail Customer List is
reviewed, the Supplier will mail the Opt -Out Notices described below to all
eligible account holders within the boundaries of VILLAGE.
i. Manner of Providing Notices and Information. The Supplier
will be required to pay for printing and mailing of all Aggregation
and Opt -Out Notices on the VILLAGE envelope and letterhead.
The Supplier will mail Aggregation and Opt -Out Notices to the
Page 15 of 21
Mount Prospect Electric Aggregation Plan of Governance
eligible account holders within the boundaries of VILLAGE at the
address provided with the Retail Customer Identification
Information provided by ComEd. The Notice shall indicate that it is
from the VILLAGE, and include the VILLAGE NAME and logo on
the envelope. The Notice shall be signed by the VILLAGE
executive or Designee.
ii. Content of Notice. The VILLAGE and the Supplier will agree to
the format and contents of the Aggregation and Opt -Out Notice
prior to distribution or mailing. The Notice will inform the electric
account owner of the existence of the Aggregation Program, the
identity of the Supplier, the rates to be charged. The Notice will also
inform PIPP or LIHEAP customers of the consequences of
participating in the Aggregation.
iii. Opt -Out Methods. The Notice may provide for a variety of
methods for customers to Opt -Out of the Aggregation Program
including: return mail, toll -free or local telephone number, email,
secure website, smart device quick response code, or fax number.
iv. Time to Respond. Aggregation Members shall have fourteen
(14) calendar days from the postmark date on the Notice to indicate
their decision to Opt -Out of the VILLAGE Aggregation Program.
The time to respond shall be calculated based on the post mark
date of the Notice to the customer and the post mark date of the
customer's response. Upon receipt of the opt -out reply, the Supplier
will remove the account from the Aggregation Program.
v. Final List. After the expiration of the Opt -Out Period, a final
enrollment list shall be created. All customers who have not opted
out will be automatically enrolled in the Program. Customers will not
need to take any affirmative steps in order to be included in the
Program.
1) Missed Accounts. In the event that an eligible
Aggregation Member is inadvertently not sent an Opt -Out
Notice or otherwise omitted from the Program, the Supplier
will work with the VILLAGE and the Member to ensure that
the Member's decision to remain in or opt out of the Program
is properly recorded and implemented by the Supplier.
vi. Notification to ComEd. After the Opt -Out Period has expired,
the Supplier shall submit the account numbers of participating
Aggregation Members to ComEd and the rate to be charged to
those customers pursuant to the Service Agreement and the
Page 16 of 21
Mount Prospect Electric Aggregation Plan of Governance
customer's election. The Supplier will provide that information to
ComEd in the format ComEd requires.
vii. Notification by ComEd. ComEd will then notify customers that
they have been switched to the Supplier and provide the customer
with the NAME and contact information of the Supplier. Customers
will have the option to rescind their participation in the program
according to time frames and procedures established by ComEd.
viii. Activation of Service. Upon notification to ComEd, the
Supplier will begin to provide electric power supply to the members
of the Aggregation Program without consumer action. The service
will begin on the customer's normal meter read date within a month
when power deliveries begin under the Aggregation Program.
B. Development of Customer Database. The Supplier will maintain a
secure database of Customer Account Information. The database will
include the ComEd account number, and Supplier account number of
each active Member, and other pertinent information such as rate code,
rider code (if applicable), and usage and demand history. The database
will be updated on an ongoing basis
C. Subsequent Opt -Out Process.
1. Account Enrollment. After the initial Opt -Out Process is
completed, the VILLAGE and Supplier will establish procedures
and protocols to work with ComEd on an ongoing basis to add,
delete or change any customer participation or rate information.
i. Off -Cycle Account Additions.
1) New Accounts. The VILLAGE will request from ComEd
on a periodic basis a listing of all active accounts located
within the VILLAGE boundaries. The VILLAGE and the
Consultant will identify the accounts on that list that have
been added since prior Opt -Out Notifications were issued.
The Supplier will mail information to any new accounts upon
the request of the Village to determine interest in
participating in the aggregate pricing. The process described
in Section VIII A of this Plan will be followed to facilitate
enrollment or exclusion from the Program.
2) Opt -In Accounts. Customers may join the Program after
initially Opting Out by contacting the VILLAGE or the
Supplier.
Page 17 of 21
Mount Prospect Electric Aggregation Plan of Governance
3) Moving Into the Village. Residents and small
commercial retail accounts that move into the Village to
existing structures /buildings will be included in the Village's
program upon enrollment. Any new accounts shall be able to
enroll under the same terms, conditions, and pricing as
accounts that were initially enrolled. However, any
subsequent enrollees will only have the availability to
participate in the aggregation program for as long as the
term of the agreement is in place. Customers will be
provided information as to how to consider enrollment from
the Village.
4) Moving Within the Village and Maintaining the Same
Account Number. The selected supplier shall continue
service at the same rate and under the same terms and
conditions for any Member who relocates within the Village
prior to the expiration of the contract term, providing that
member notifies the supplier of their desire to do so with
thirty (30) days notice of the move. Moving within the Village
may cause the member to be served for a brief period of
time by ComEd. The supplier shall not have the right to bill
the Member for any associated switching fee imposed by
ComEd. Members may also opt -out without penalty under
these circumstances.
5) Joining the Aggregation Group after Opting Out.
Members who have left or chose not to join the aggregation
group after the conclusion of the initial opt -out period and
wish to join at a later date may do so by contacting the
supplier at any time to obtain enrollment information. There
is, however, no guarantee that customers opting -in at a later
date will receive the same price, terms, and conditions as did
the initial participants.
6) Open Enrollment Period. Once every three (3) years
Members who are not already enrolled in the aggregation
program shall have the opportunity to join the aggregation
group utilizing the existing rates, terms, and conditions in
place at the time of the open enrollment period. The open
enrollment period shall be coordinated between the supplier
and the Village with all associated costs the responsibility of
the supplier.
Page 18 of 21
Mount Prospect Electric Aggregation Plan of Governance
VIII. ADDITIONAL SERVICE TERMS AND CONDITIONS
A. Member Education. At the discretion of the VILLAGE, the Supplier will assist
VILLAGE in developing and implementing a program to educate residential and
small commercial retail Aggregation members on the Aggregation Program, as
well as energy efficiency and conservation tools. The Supplier will also provide
the Aggregation Members with updates and disclosures mandated by ICC and
IPA rules.
B. Universal Access. The Supplier will implement a process to provide universal
access including Member Education for multi - lingual members and members with
disabilities.
C. Reporting. The Supplier will provide to the Consultant the following reports:
1. REC Reporting. The Supplier will deliver reports that provide
competent and reliable evidence to support the fact that it purchased
properly certified RECs in a sufficient quantity to offset the non - renewable
energy provided in the mix.
2. Aggregation Reports. The Supplier will provide the VILLAGE with
quarterly reports showing the number of Members participating in the
Aggregation Program and the total cost for energy provided to the
Aggregation as compared to the ComEd's default tariff service rates. In
addition, the Supplier will report its efforts at member education.
D. Cause for Termination of Agreement. The Agreement may be terminated
for any of the following:
1. End of Term. The VILLAGE's service Agreement with the Supplier will
terminate upon its expiration.
2. Early Termination. The VILLAGE will have the right to terminate the
Agreement prior to the expiration of the term in the event the Supplier
commits any act of default. Acts of default include but are not limited to the
following:
i. Breach of Confidentiality regarding Customer information.
ii. Lapse or revocation of any required license or certification listed
as a qualification in the RFP.
iii. ComEd's termination of its relationship with the Supplier.
Page 19 of 21
Mount Prospect Electric Aggregation Plan of Governance
iv. Any act or omission which constitutes deception by affirmative
statement or practice, or by omission, fraud, misrepresentation, or a
bad faith practice.
v. Billing or attempting to collect any charge other than the
approved kWh rates and contractually approved charges.
vi. Failure to perform at a minimum level of customer service
required by the VILLAGE.
3. Program Termination. The VILLAGE has the sole authority to
terminate the Program by Ordinance. The Village does not waive any of its
or its residents' legal rights related to any breaches by terminating the
agreement.
E. Termination Process.
1. Notice. The VILLAGE will provide the Supplier with written notice
ofdefault.
2. Cure Period. The Supplier and the VILLAGE will attempt to resolve
any issues cooperatively within seven (7) business days. If the issue is not
resolved, the VILLAGE will again notify the Supplier in writing of its
intention to terminate the agreement within thirty (30) days if the issue is
not resolved to the VILLAGE's sole discretion and satisfaction.
3. Account Management. Upon Notice of termination of the Agreement,
the VILLAGE will direct the Supplier to prepare to either (1) return all
Member accounts to the ComEd default rate, (2) transfer all Member
accounts to another Supplier, or (3) continue to provide service at their
best rate to Member accounts on a month to month basis until the
VILLAGE provides it with 30 day written notice to discontinue providing
service.
F. Jurisdiction. Any disputes between the Supplier and the VILLAGE will be
resolved in the circuit court of which has jurisdiction over the geographic area in
which the Village is located or before state agencies in the State of Illinois
regardless of any conflicts laws to the contrary.
G. Limitation of Liability. The VILLAGE shall not be liable to Aggregation
Members for any claims, however styled, arising out of the aggregation program
or out of any VILLAGE act or omission in facilitating the Municipal Aggregation
program.
1. In addition, the Supplier agrees to hold the VILLAGE harmless from
any claim, cause of action, or proceeding of any kind which may be filed
against the VILLAGE arising out of the services provided by the Supplier
Page 20 of 21
Mount Prospect Electric Aggregation Plan of Governance
or any act or omission of the VILLAGE in obtaining the services of the
Supplier. Participants in the aggregation program shall assert any such
claims solely against the Supplier pursuant to the Agreement, under which
such participants are express third party beneficiaries.
IX. INFORMATION AND COMPLAINT NUMBERS
Copies of this Plan will be available from the VILLAGE free of charge. Call 847 -392-
6000 for a copy or for more information. Any electric customer, including any participant
in the VILLAGE's Aggregation Program, may contact the Illinois Commerce
Commission for information, or to make a complaint against the Supplier or ComEd.
The ICC may be reached toll free at 217 - 782 -5793.
Page 21 of 21
Mount Prospect Electric Aggregation Plan of Governance
ORDINANCE NO. 5886
AN ORDINANCE PROVIDING FOR AND REQUIRING THE
SUBMISSION OF A BINDING PUBLIC QUESTION TO DETERMINE
WHETHER THE VILLAGE OF MOUNT PROSPECT SHOULD HAVE THE
AUTHORITY TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR
ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS
WHO DO NOT OPT OUT OF SUCH A PROGRAM, TO APPEAR
ON THE BALLOT OF THE ELECTORS OF THE VILLAGE OF MOUNT PROSPECT
AT THE GENERAL PRIMARY ELECTION TO BE HELD ON MARCH 20.2012
WHEREAS, the Village of Mount Prospect is a municipal corporation duly
organized and existing under the laws of the State of Illinois, and is a home rule unit of
local government; and
WHEREAS, the Illinois Power Agency Act, 20 ILCS 3855/1 -92, (the Act) provides
that municipalities may, pursuant to approval by referendum, have the authority to
arrange for the supply of electricity for the residential and small commercial customers
who do not :opt out of such a program; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect find that it is in the best interests of the Village of Mount Prospect to operate
an aggregation program under the Act as an opt -out program and that there shall be
submitted, to the qualified electors of the Village of Mount Prospect, a binding public
question concerning whether the Village of Mount Prospect should have the authority to
arrange for the supply of electricity for its residential and small commercial retail
customers who do not opt out of such a program;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees
of the Village of Mount Prospect, Cook County, Illinois, as follows:
SECTION 1. The foregoing recitals are an integral part of this Ordinance and
are incorporated into and made a part of the Ordinance as if fully set forth.
SECTION 2. The proposition hereinafter set forth shall be submitted to the
voters of the Village of Mount Prospect (the "Village ") at the General Primary Election to
be held on Tuesday, the 20 day of March, 2012, between the hours of 6:00 o'clock
A.M. and 7:00 o'clock P.M. on said day (the "Election ").
SECTION 3. The Election shall be held in the voting precincts and at the polling
places established by the Cook County Clerk (the "County Clerk ") for voters of the
Village at the Election.
SECTION 4. The County Clerk shall give notice of the Election (the "Notice ") by:
(i) publishing the Notice once, not more than thirty (30) nor less than ten (10) days prior
to the date of the Election, in a local, community newspaper having general circulation
277923_1
in the Village; and (ii) posting a copy of the Notice at least ten (10) days before the date
of the Election at its principal office, as required by Section 12 -5 of the Election Code of
the State of Illinois, as amended (the "Election Code"), 10 ILCS 5/12 -5.
SECTION 5. The Village Clerk shall post a copy of the Notice at least ten (10)
days before the date of the Election at the principal office of the Village.
SECTION 6. The Notice published by the County Clerk, in a community
newspaper having general circulation in the Village of Mount Prospect, shall be in
substantially the following form, which includes a statement as to the purpose of the
referendum as required by 20 ILCS 385511- 92(a):
"NOTICE IS HEREBY GIVEN that, at the General Primary Election to be
held on Tuesday, the 20"' day of March, 2012, the following proposition
shall be submitted to the voters of the Village of Mount Prospect, Cook
County, Illinois:
Shall the Village of Mount Prospect have the authority to
arrange for the supply of electricity for its residential and
small commercial retail customers who have not opted out of
such a program?
The purpose of this referendum is to determine whether the Village of
Mount Prospect shall be allowed to have the authority to arrange for the
supply of electricity, for the residential and small commercial retail
customers within the Village, in an effort to reduce the cost of the electricity
for said customers, while allowing any such customer to have the option of
opting out of the program, if said customer so chooses.
The polls at said election will be open at 6:00 o'clock A.M. and will continue
to be open until 7:00 o'clock P.M. of that day.
Dated this day of
, 2012.
Facsimile Signature
Cook County Clerk, County of Cook, Illinois"
SECTION 7. The ballot to be used at the Election shall be in substantially the
same form as is below, and shall meet the requirements of Articles 24A, 24B or 24C of
the Election Code if an electronic, mechanical or electric voting system is used at the
Election:
2779231 2
(Face of Ballot)
OFFICIAL BALLOT
BINDING PROPOSITION TO DETERMINE WHETHER
THE VILLAGE OF MOUNT PROSPECT SHOULD HAVE THE AUTHORITY
TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS
RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS
WHO DO NOT OPT OUT OF SUCH A PROGRAM
(INSTRUCTIONS TO VOTERS: Mark a cross (X) in the space
opposite the word indicating the way you desire to vote.
Shall the Village of Mount Prospect have
the authority to arrange for the supply of
electricity for its residential and small
commercial retail customers who have not
opted out of such a program?
YES
NO
(Back of Ballot)
OFFICIAL BALLOT
Official ballot for voting at the general primary election held on
March 20, 2012, on the binding proposition to determine whether
the Village of Mount Prospect should have the authority to arrange
for the supply of electricity for its residential and small commercial
retail customers who do not opt out of such a program.
Precinct Number:
Polling Place:
Facsimile Signature
Cook County Clerk, County of Cook, Illinois
277923_1
SECTION 8. The Election shall be conducted by the election judges appointed
by the County Clerk to act in the voting precincts at which said proposition shall be
submitted to the voters of the Village of Mount Prospect.
SECTION 8. After the adoption hereof and not less than sixty -eight (68) days
prior to the date of the Election, or January 12, 2012, the Village Clerk shall certify a
copy hereof to the County Clerk in order that the advisory proposition set forth herein
may be submitted to the voters of the Village of Mount Prospect.
SECTION 10. The Election shall be held and conducted and the returns thereof
canvassed, all in the manner and time as provided by the Illinois Election Code (10
ILCS 5/1, of seq.).
SECTION 11. All Ordinances, orders and resolutions or parts thereof in conflict
herewith be and the same are hereby repealed.
SECTION 12. This Ordinance shall be in full force and effect after its adoption
and approval as provided by law.
ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of
Mount Prospect, Illinois at a regular meeting thereof held on the 6th day of December,
2011, pursuant to a roll call vote as follows:
AYES: Hoefert, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: None
ABSTAIN: Juracek
APPROVED by me this 6� day of December, 2011.
ATTEST:
M. Lisa Angell
Village Clerk
I ha K. Wilts
Mayor
2779231 4
ATTACHMENT "S" -"
RESOLUTION NO. 08 -12
A RESOLUTION DECLARING THE RESULTS OF A BINDING PUBLIC QUESTION TO DETERMINE
WHETHER THE VILLAGE SHOULD HAVE THE AUTHORITY TO ARRANGE FOR THE SUPPLY OF
ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO DO NOT
OPT OUT OF SUCH A PROGRAM,
WHICH QUESTION WAS ON THE MARCH 20 2012 GENERAL PRIMARY ELECTION BALLOT
WHEREAS, the March 20, 2012 ballot for the General Primary Election (Presidential Primary Ballot) Included
a referendum on a binding public question to determine whether the Village of Mount Prospect, Cook
County, Illinois, should have the authority to arrange for the supply of electricity, for Its residential and small
commercial retail customers who do not opt out of such a program pursuant to Section 3855/1 -92 of the
Illinois Power Agency Act, 20 ILCS 3855/1 -92 (the "Referendum "); and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect do hereby declare the
results of the Referendum for said Village.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE That pursuant to the Election Laws of the State of Illinois, the Referendum was on the
March 20, 2012 General Primary Election (Presidential Primary Ballot).
SECTION TWO That an official canvass was conducted on April 10, 2012 by the Cook County Clerk's
Canvassing Board for the Village of Mount Prospect declaring that 5,880 ballots were counted as follows:
Yes 3,448
No 2,432
SECTION THREE That the Referendum was approved by a majority vote of the electors voting, such that
the V1I1age of Mount Prospect is authorized to arrange for the supply of electricity for its residential and small
commercial retail customers who do not opt out of such a program, pursuant to Section 3855/1 -92 of the
Illinois Power Agency Act, 20 ILCS 3855/1 -92.
SECTION FOUR: This Resolution shall be in full force and effect from and after its passage and approval in
the manner provided by law.
AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 17th day of April, 2012.
Irvana K. Wicks
Mayor
ATTEST:
=� ��
Village Clerk
Page 1 of 2 ,
Coat county Clerks office
Suburban Cook County Election Results
Official Certificate of Results
March 20, 2012 Presidential Primary Election
Sock to Election Summary Results
Print Results
The Cook County Clerk, having completed a canvass of all votes cast for Village of Mount Prospect - Electricity Referendum, hereby
certifies the following vote totals:
_ .... .. .... . ........_. . - --
Candidates Percentage Votes
YES 58.8496 3,448 ;
NO 41.36% ! 2,432
Total: ` 400% i 5,880 ;
There being more YES votes than NO votes, the referendum succeeds.
Below is the abstract, of votes by precinct.
Dated this April 10, 2012.
David Orr, Cook County Clerk
Township - Village of Mount Prospect - Electricity Referendum
Township Registered Voters Ballots Cast !N
.o
T Votes
__...__._ ___...� _ __..__..__..._._... .._.._.._.._._ _:_....._.
_.__..._�__..�-- ._.._..........
Elk Grove 15,628 '
3,435
1,849
1,235.
3,084
Wheeling 1.4,853
3,614
1,599
1,197 -
2,796
Suburban Cook County Total 30,481:
7,049
3,448
2,432
5,880
Precinct - Village of Mount Prospect - Electricity Referendum
Precinct Registered Voters Ballots Cast ;m
p
Total Votes
cn
•
Elk Grove 1 642
154
83
53
136
Elk Grove 5 ' 1,102 '
285.
149
115
264
Elk Grove 7 840
216.
130
76
206
Elk Grove B 734
188
93
81
174
Elk Grove 10 1,065
300
169
109
278
Elk Grove 11 882
229
136
82
218
http:// eleetionnight. cookpountyclerk .comICertificates.aspx ?eid= 32012 &rid= 344 =True 4/12/2012
ORDINANCE NO.
AN ORDINANCE AUTHORIZING
AGGREGATION OF ELECTRICAL LOAD AND ADOPTING AN
ELECTRIC AGGREGATION PLAN OF OPERATION AND GOVERNANCE
WHEREAS, Section 1 -92 of the Illinois Power Agency Act, 20 ILCS 3855/1 -92, entitled
"Aggregation of Electrical Load by Municipalities and Counties" (the "Act'), authorizes the
Village of Mount Prospect (the "Village ") to adopt and operate an electrical aggregation program
as an opt -out program for residential and small commercial retail customers, if a referendum is
passed by a majority vote of the residents pursuant to the requirements of the Act; and
WHEREAS, the Village submitted the question in a referendum on March 20, 2012, and a
majority of the electors voting on the question voted in the affirmative; and
WHEREAS, the Village President and Board of Trustees hereby find that it is in the best interest
of the Village to operate an electric aggregation program (the "Electric Aggregation Program ")
under the Act as an opt -out program and to implement the Program according to the terms of the
Act; and
WHEREAS, the Act requires that prior to the implementation of an opt -out electrical aggregation
program by the Village, the Village must adopt an electrical power aggregation plan of operation
and governance (the "Plan of Governance ") and hold not less than two (2) public hearings; and
WHEREAS, the Village held the required public hearings on May 8, 2012 and May 9, 2012 after
providing the required public notice.
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 Village President and Board of Trustees find that the recitals set forth
above are true and correct.
SECTION TWO The Village President and Board of Trustees find and determine that it is in
the best interests of the Village to operate the Electric Aggregation Program under the Act as an
opt -out program.
SECTION THREE The Electric Aggregation Program shall be administered as follows:
A. The Village is hereby authorized to aggregate, in accordance with the terms of the
Act, all residential and small commercial retail electrical loads located within the corporate limits
of the Village, and for that purpose may solicit bids and enter into service agreements to
facilitate the sale and purchase of electricity and related services and equipment for those loads.
B. The Village President and Board of Trustees are granted the authority to exercise
such authority jointly with any other municipality or county and, in combination with two or
more municipalities or counties, may initiate a process jointly to authorize aggregation by a
majority vote of each particular municipality or county as required by the Act.
286937_1
C. The Electric Aggregation Program for the Village shall operate as an opt -out
program for residential and small commercial retail customers.
D. The Village President and Board of Trustees with the assistance of the Illinois
Power Agency shall develop a Plan of Governance for the Electric Aggregation Program and
shall conduct such public hearings and provide such public notice as required under the Act. The
Plan of Governance shall provide for universal access to all applicable residential customers and
equitable treatment of applicable residential customers, shall describe demand management and
energy efficiency services to be provided to each class of customers and shall meet any
requirements established by law concerning aggregated service offered pursuant to the Act.
E. As an opt -out program, the Village President and Board of Trustees shall inform
residential and small commercial retail customers in advance that they have the right to opt -out
of the Electric Aggregation Program.
F. The electric aggregation shall occur automatically for each person owning,
occupying, controlling, or using an electrical load center proposed to be aggregated in the
corporate limits of the Village, subject to a right to opt -out of the program as described under this
ordinance and the Act.
G. The Village President and Board of Trustees hereby grant the Village Manager, or
his designee in writing, the specific authority to execute a contract without further action by the
Village President and Board of Trustees and with the authority to bind the Village.
SECTION FOUR The Village President and Board of Trustees hereby adopt the Plan of
Governance, as set forth in Exhibit "A" attached hereto and made a part hereof as if fully set
forth by this reference.
SECTION FIVE This ordinance shall be in full force and effect after its passage, approval
and publication in pamphlet form as provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of May, 2012.
Irvana K. Wilks
Village President
ATTEST:
M. Lisa Angell
Village Cleric
286937_1 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE
WITH THE MOUNT PROSPECT LIONS CLUB
TO CONDUCT A FARMERS' MARKET
WHEREAS, the Village of Mount Prospect supports the annual Farmers' Market held in the commuter
parking lots; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined
that the best interests of the Village would be served by entering into a Grant of License between the
Village and the Mount Prospect Lions Club in order to conduct the annual Farmers' Market from June
10 through October 21, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY:
SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby
authorize the execution of a Grant of License to the Mount Prospect Lions Club to conduct the
Farmers' Market on Union Pacific Railroad property, which property is leased by the Village and under
the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of
as Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this t " day of May, 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO\ WIN\ RESOLUTION \FarmersMarket,2012.doc
Exhibit "A"
GRANT OF LICENSE
The Village of Mount Prospect hereby grants a license to the MOUNT PROSPECT LIONS CLUB
(licensee) for the purpose of operating a Farmers' Market on the parking lots located at the Union
Pacific Railroad property located both east and west of Main Street /Elmhurst Road, which property
is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This
License is subject to the following conditions:
The term of the License shall be from June 10 through October 21, 2012.
2. Each vendor operating at the Farmers' Market shall possess a Certificate of Public Liability
Insurance in an amount not less than $100,000 per occurrence and shall execute a Hold
Harmless Agreement, a copy of which is attached hereto and hereby made a part of as
Exhibit "B ".
3. This License shall be revocable at any time by the corporate authorities of the Village of
Mount Prospect if the licensee or any vendor is in violation of state or local laws or this
Grant of License.
4. The licensee must issue written rules applicable to all vendors and must certify each vendor
as qualified prior to the vendor's participation in the Market. The licensee shall ensure all
applicable Village food code regulations (Chapter 12 of the Mount Prospect Village Code)
are followed and enforced. The licensee shall cooperate fully with duly authorized Village
employees for enforcement of Village codes including but not limited to prequalification, spot
inspections, etc.
5. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to
the Village Manager a pro forma revenue and expense statement setting forth certification
fees and estimated revenues, expenses, management fees, if any, and the proposed
disposition of potential net revenues.
6. Prior to November 30, 2012, the licensee shall issue a written report to the Village Manager
outlining the financial aspects of running the Market, problems encountered in the year
2011 season, along with proposed solutions, proposals for improving the Market and the
outlook for the future of the Market.
7. The licensee shall possess a Certificate of Insurance for public liability insurance in an
amount of not less that $1,000,000 per occurrence naming both the Village of Mount
Prospect and the Union Pacific Railroad Company as additional insured.
Page 2/2
Farmers Market License 2012
8. The licensee /grantee shall not discriminate against any employee, applicant, volunteer,
authorized vendor or event participant because of race, color, religion, sex, sexual
orientation, marital status, national origin or ancestry, citizenship status, age, physical or
mental handicap unrelated to ability, military status or an unfavorable discharge from
military
service.
This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be
transferred to any other person or entity.
Dated this day of May, 2012.
VILLAGE OF MOUNT PROSPECT
la
Michael E. Janonis
Village Manager
APPROVED /ACCEPTED:
for the Mount Prospect Lions Club
Exhibit "B"
HOLD HARMLESS
WHEREAS, MOUNT PROSPECT LIONS CLUB ( "GRANTEE ") has requested permission of the
corporate authorities of the Village of Mount Prospect, ( "GRANTOR ") to operate a Farmer's Market
within the parking lots located on the Union Pacific Railroad property, located both east and west of
Main Street/Elmhurst Road; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect did adopt
Resolution No. -12 on May 15, 2012, entitled "A Resolution Authorizing Execution of a License to
the Mount Prospect Lions Club to Conduct the Annual Farmers' Market in the Village ".
NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other
good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the
GRANTOR has granted a Grant of License to GRANTEE to operate a Farmers Market within the
parking lots located on the Union Pacific Railroad property, located on both the east and west sides
of Main Street/Elmhurst Road, which license is conveyed, however, subject to the following terms,
covenants and conditions:
The GRANTOR may at any future time after the date hereof revoke the License referenced
herein and without notice to the GRANTEE and without cost to either the GRANTOR or
his /her successors or assigns.
2. Upon such revocation of said License by the GRANTOR, and with written notice of said
revocation to the GRANTEE, the GRANTEE shall cease operation of said Farmers' Market.
3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save
harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and
against any and all damages, losses, claims, demands, actions, and causes of action
whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be
incurred in connection therewith) whether or not the claim, demand or other action asserted
by meritorious, and which results from or is alleged to arise as a result of the activity being
the subject of this Agreement.
4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or
invitees for any damages or injuries (including death) to any person thereof except to the
extent that injuries or damages are caused by the negligent, willful, or malicious misconduct
of GRANTOR.
Page 2/2
Farmers' Market Hold Harmless 2012
5. Any notice herein provided to be given shall be deemed properly given if in writing and
delivered personally or mailed to the GRANTOR at:
50 South Emerson Street
Mount Prospect, Illinois 60056
or to the GRANTEE at:
P. O. Box 332
Mount Prospect, Illinois 60056
or to such other person or address as the parties hereto may from time to time designate
upon written notice.
6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and
their respective successors in interest.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed
by their proper officers, thereunto duly authorized and their respective seals to be affixed this
day of May, 2012.
MOUNT PROSPECT LIONS CLUB
By:
VILLAGE OF MOUNT PROSPECT,
a municipal corporation
la
Michael E. Janonis
Village Manager
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO\ WIN\ RESOLUTION \FarmersMarket,2012.doc