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HomeMy WebLinkAbout6. NEW BUSINESS 11/04/2003Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 31, 2003 SUBJECT: PZ-39-03 - SEC BUSSE & DEMPSTER (1601 S. BUSSE ROAD) CONDITIONAL USE - PRELIMINARY PUD APPROVAL & VARIATIONS PUVA COMPANY, LLC - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve a Conditional Use that grants preliminary Planned Unit Development approval for a development containing a Culver's drive-thru restaurant, a drive-thru bank, and a 2-story office building (as described in detail in the attached staff report). The Planning & Zoning Commission heard the request at their October 23, 2003 meeting. The Planning & Zoning Commission discussed the case in great depth. The Petitioner presented a revised site plan that reduced the number of parking spaces along the south elevation of the office building from nine parking spaces to five parking spaces. The P&Z discussed modifying access to/from the site to accommodate a dedicated left turn lane from the eastern most driveway. The proposed change may require reducing an interior parking lot landscape island and shifting the location of the building west at least 10-feet. Since the objective of this modification was to meet the required landscape setback along the east lot line and to create the dedicated left turn lane, the Petitioner agreed to explore the modification in more detail and have a decision regarding the modification when the Planned Unit Development was presented for final plan approval. In addition, the P&Z reviewed the Petitioner's request for an oversized menu board. The franchise owner addressed the P&Z and explained that 32 square feet was the minimum size that could be used to adequately display all menu items. After lengthy discussion regarding screening the menu board and locating it in a manner that would minimize its impact on the adjacent properties, the franchise owner withdrew his request for the 'pre- order' menu board subject to obtaining approval of the 32 square foot menu board and screening and locating the oversized menu board as required by the P&Z. The Planning & Zoning Commission voted 5-0 to approve the Preliminary Planned Unit Development with the following conditions: Conduct a detailed analysis of providing a dedicated left turn lane for the eastern most driveway, evaluate the feasibility of relocating the restaurant five-feet west, which would require reducing the interior landscape island, and provide documentation that demonstrates why the design may or may not be implemented; 2. Designate the 5 parking stalls along the south elevation office building as employee parking only; 3. Revise the Site Plan so the bank's drive-thru lanes are relocated to the south or east elevation of the building or provide documentation why the change would not be compatible with the overall site plan; Z-39-03 1601 S. Busse Road Page 2 of 2 Revise the Site Plan to include details of the adjacent Plaza United development (exits, dumpsters, outdoor play area, etc.) and modify the plan accordingly to ensure safe access to/from the proposed development that has minimal impact on the adjacent Plaza United tenants; Revise the landscape plan to include: 1) at least 75% year-round foundation landscaping for all of the buildings; 2) detail sheets for the various landscape features; 3) viable, low-maintenance ground cover within the parking lot landscape islands, and 4) increase the amount and/or quantity of green space along the east lot line; 6. Provide detailed information (including building material samples, colors, etc.) for the proposed office, bank and restaurant buildings prior to proceeding with the Final Plan approval process; Revise the signage as follows: 1) reduce the height of the directional signs to no more than three-feet from grade or relocate the signs out of the sight triangle area; and 2) provide detailed information for the proposed wall signs for all the buildings to document compliance with Sign Code regulations; Develop the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regnlations, Sign Code regulations except as noted in the StaffReport; and building regulations; and 9. Obtain permits from MWRD, IDOT, and any other applicable agency as may be required to develop the site as proposed. The Planning & Zoning Commission voted 5-0 to approve the 32 square foot menu board with the following conditions: 1. Screen the menu board with a variety of year-round landscape materials; 2. Locate the menu board so it is only visible to vehicles in the drive-thru lane. Please forward this memorandum and attachments to the Village Board for their review and consideration at their November 4, 2003 meeting. Staffwill be present to answer any questions related to this matter. !i~llia~j.'Coon~ey, r~.,'AiCP H:~PLAI'aPlanning & Zoning COMM~P&Z 2003kMEJ Memos~PZ-39-03 MEJ (1601 Busse - Prelim PUD).do¢ MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-39-03 Hearing Date: October 23, 2003 PETITIONER: Pochter Group Ltd 1601-1639 S. Busse Rd. PUBLICATION DATE: September 10, 2003 PIN #: 08-23-100-013 REQUEST: Conditional Use for a PUD MEMBERS PRESENT: Arlene Juracek, Chairperson Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers MEMBERS ABSENT: Matthew Sledz Keith Youngquist STAFF MEMBERS PRESENT: Michael Jacobs, AICP, Deputy Director of Community Development Judy Connolly, AICP, Senior Planner INTERESTED PARTIES: Stephen Corcoran Barbara Dickson Chuck Martin Keith Pochter Todd Shaffer Peter Uliasz Dan Wander Chairperson Arlene Juracek called the meeting to order at 7:33 p.m. Merrill Cotten made a motion to approve the minutes of the September 25 meeting, seconded by Richard Rogers. The September meeting minutes were approved 4-0, with one abstention by Leo Floros. At 7:37 pm, Ms. Juracek introduced Case NO PZ-39-03, a request for a Conditional Use for a PUD. Judy Connolly, Senior Planner, presented the case and said the Petitioner's proposal calls for the development as a Planned Unit Development (PUD). The review procedure for a PUD requires Preliminary Plan review and recommendation by the P&Z Commission and final action by the Village Board. Following completion of the Preliminary Plan process, the Petitioner will be required to obtain Final Plan approval. It's important that the Commission keeps this in mind and that tonight's review is on a conceptual design. All details must be resolx~ed prior to review of the Final Plan. Final Plan approval entails review and recommendation by the P&Z Commission and final action by the Village Board. The Petitioner is proposing a multi-use development consisting of: a 4,500 square-foot bank with five drive-thru lanes; a two-story, 16,000 square-foot office building; and a 4,754 square-foot restaurant with a drive-thru. In addition to these buildings, the development would include parking, landscaping and stormwater detention improvements. The proposed development is consistent with the Village's Land Use Plan, which designates the Subject Property as "Community- Commercial". Ms. Connolly said the proposed development consists of three buildings located on a single lot of record. Since the Zoning Ordinance requires each primary structure to be located on its own lot of record, the Petitioner is seeking approval for a PUD to allow multiple structures on a single lot. The proposed PUD would result in a more cohesive development of the irregular shaped property because it minimizes potential traffic impacts and allows for better interior circulation between the three uses. Planning & Zoning Commission PZ-39-03 Arlene Juracek, Chairperson Page 2 Ms. Connolly noted that the site plan indicates that each of the proposed buildings would meet the Zoning Ordinance's minimum setback requirements. The B-3 District allows a maximmn building height of 30 feet. In reviewing the Petitioner's proposal, Staff found that the 28-foot building height of the proposed restaurant meets code, but the proposed 2-story office building measures 34-feet in height. This exceeds the District's height limitations and requires Variation approval. While the majority of the office building complies with the height limitations, the building includes some design/entry features that extend to a height of 34-feet. Also, specific building elevations have not been provided for the bank building. Without this information, Staff cannot confirm whether the building would meet the District's height requirements. Since relief has not been requested, the bank building would be required to comply with the District's maximum height limitation. Most of the proposed site plan complies with the Village's parking setback requirements, but there are two areas that require approval of a Variation: The first area is the 19 angled parking spaces along the east lot line of the site require a minimum setback of 10 feet, the Petitioner proposes a 5-½ foot setback. Ms. Connolly noted that the proposed site plan includes parking spaces along the south and west sides of the office building. These spaces would be accessed directly from the existing service drive that runs along the rear of the Plaza United center. The Plat of Survey indicates that an existing easement along the south lot line of the Subject Property allows access to/from the Plaza United Shopping Center, so vehicles are permitted to use this easement to access the Petitioner's lot of record. The proposed parking spaces along the south and west sides of the office building have no setback since they would be accessed directly from the adjacent service drive. The Petitioner is seeking relief from the Village's 10-foot parking setback requirement, however, Staff is concerned that this proposed configuration may conflict with delivery trucks or service vehicles using the existing service drive to gain access to the tenant spaces within the Plaza United center. A potential solution may be to limit the parking spaces in this area to employee parking only, which would restrict the amount of vehicle turnover. Another alternative would be to eliminate these parking spaces altogether, which would eliminate potential traffic conflicts and provide additional landscaping/screening opportunities for the office building Based on the calculations provided by the Petitioner, the overall development would have a total lot coverage calculation of 74.18%, which falls just below the District's maximum allowable lot coverage of 75%. The Preliminary Landscape Plan provides a conceptual design with regards to the size, general type, and location of proposed plantings for the Subject Property. The information provided indicates that the amount of the interior parking lot landscaping meets code. However, the Petitioner must submit a more detailed landscape plan that includes specifics regarding the size and species for all landscaping as part of the Final Plan submittal. It is important that the landscaping plan maintain a consistent theme throughout the entire development and include hardy, salt-resistant ground cover and plants, that it provide more year-round screening, and that the foundation landscaping for the office building consist of materials that are an appropriate height and species. As a PUD, it is anticipated that the proposed development will contain cross access and shared parking agreements between all three of the uses. Although the project would be a unified development, the Petitioner has provided a Site Plan that delineates the 'parking fields' for each of the proposed uses. The Petitioner's proposal exceeds the amount of required parking based on the combination of proposed uses. The Staff Report includes a detailed analysis of code requirements vs. the Petitioner's proposal. Due to these circumstances Staff recommends the Petitioner revise the Site Plan by eliminating the 12 parking spaces along the south and west sides of the office building as well as additional spaces along the Dempster Street frontage. The removal of additional parking spaces will allow for some additional green space both along the perimeter and within the interior of the proposed development, while the overall number of available parking spaces would still exceed the amount of required parking. The proposed PUD calls for a combined tenant sign at the corner of Busse & Dempster mhd a freestanding sign in front of the Culver's restaurant, The size and location of the Culver's freestanding sign on the Dempster Street frontage complies with the Sign Code regulations. However, the proposed 28 square-foot menu board sign (consisting of three panel boards) exceeds the 16 square foot limitation. Recently, the P&Z approved an oversized menu board for a new restaurant that featured three distinct restaurants/tenants. In comparison, Culver's would be the only tenant/user. Also, the Petitioner is requesting a 16 square foot 'pre-order menu' board sign in addition to the oversized menu board. While the request may be consistent with the drive-thru restaurant industry's expectations, the requests do not comply with Village regulations. Reducing the size of the menu board to no more than 20 square feet would be consistent with Planning & Zoning Commission PZ-39-03 Arlene Juracek, Chairperson Page 3 previous relief granted by the P&Z and still allow the Petitioner flexibility to promote menu items. The Petitioner proposes a freestanding sign that would be shared by the bank, the Culver's restaurant, and up to four tenants of the office building. The proposed sign's size, location and materials comply with the Village's Sign Code regulations. Ms. Connolly pointed out that the Petitioner's submittal only included elevations for the office building and Culver's restaurant. The office building elevations indicate that the building facade will be a tan colored brick and include stone accents. The design incorporates large, expansive windows and curvilinear entrance features to provide architectural relief for the flat roof. The elevations for the Culver's restaurant indicate the building will have a blue metal roof and the facade will be constructed primarily of white brick or split faced CMU with some blue soldier course accents. To ensure that the proposed development will have a consistent design theme, more detailed information and material samples must be provided for each of the proposed buildings. The proposed office building exceeds the 30-foot height limitation for the B-3 District. The design of the building is primarily a flat-roofed structure with several curvilinear entrance features that are intended to soften the look of the building. Although the proposed design features may improve the appearance of the building, there is no apparent hardship that requires the building to exceed the 30-foot limitation. However, as part of the PUD approval process, the Village Board may approve deviations from the bulk regulations when they find that the proposed exception would not adversely impact the value or use of any other property. The Petitioner's proposal would utilize the existing curb cuts on Busse and Dempster, in addition to maintaining access to the adjacent Plaza United commercial development. Staff's preliminary analysis indicates that the eastern most driveway must be modified to create a dedicated left-turn lane onto Dempster Street. The dedicated left-turn lane will allow traffic to exit the site safely and minimize congestion within the development. Also, directional arrows must be painted onto the pavement surface (per the Village's Traffic Engineer's direction) to ensure safe interior circulation throughout the site. The Petitioner's Site Plan indicates that the bank's drive-thru lanes would be located along the building's west elevation. Staff reviewed access to the site and found that by eliminating one drive-thru lane that the bank could be reconfigured by shifting the drive-thru lanes to the south or east side of the building. This modification to the site plan would make the highly visible west elevation of the bank building more aesthetically pleasing while also creating a safer interior circulation pattern. Also, the petitioner must address how traffic flow will function along the south portion of the site. Twelve parking spaces are proposed with access off of a service alley that contains dumpsters, delivery areas and an enclosed children's play area. The site plan must be redesigned to reflect the outdoor play area and any other permanent structures in the service area that would impede traffic flow. In conjunction with development projects the Village's Development Code requires right-of-way improvements such as the installation of parkway trees and public sidewalks. The Subject Property currently contains public sidewalk along a portion of the site's perimeter (along Busse Road frontage) and some parkway trees near the intersection of Busse & Dempster. Prior to review of the Final Plan the Petitioner must revise the plans to include the required right- of-way improvements. In order to approve the proposed PUD request, it must meet the Conditional Use Standards listed in the Zoning Ordinance. The standards relate to the Conditional Use not having a detrimental impact on the public health, safety, morals, comfort or general welfare; the Conditional Use not being injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; that the design allows for providing utilities, adequate drainage, with minimal congestion on Village streets; and compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Petitioner's request to construct a bank with a drive-thru, a restaurant with a drive-thrn, and an office building requires Conditional Use approval for a Planned Unit Development (PUD). The information submitted for review indicates that the proposed uses would work well together at this location. However, additional information is required, as well as modifications to the plans, in order for the Petitioner to demonstrate that the proposed PUD Planning & Zoning Commission PZ-39-03 Arlene Juracek, Chairperson Page 4 complies with the Village Code. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the Petitioner's request for Preliminary Plan approval for the proposed uses as indicated on the site plan prepared by OKW Architects dated October 10, 2003, relief from the Sign Code to allow an additional freestanding sign/pre-order menu board as shown on Exhibit A, relief as needed from the parking setback requirements, relief from the B-3 District's height limitations to allow a 34-foot office building, subject to the following modifications: 1. Revise the Site Plan to provide a dedicated lef~ mm lane for the eastern most driveway and address any other modifications required by Staff following a complete analysis of the Site Plan and Traffic Study; 2. Demonstrate that the 12 parking stalls along the south and west sides of the office building will function safely or revise the plan to eliminate them. 3. Revise the Site Plan so the bank's drive-thru lanes are relocated to the south or east elevation of the building; 4. Revise the landscape plan to include: 1) at least 75% year-round foundation landscaping for all of the buildings; 2) detail sheets for the various landscape features; and 3) viable, low-maintenance ground cover within the parking lot landscape islands; 5. Provide detailed information (including building material samples, colors, etc.) for the proposed office, bank and restaurant buildings prior to proceeding with the Final Plan approval process; 6. Revise the signage as follows: 1) modify the Culver's menu board so it has no more than two panels and measures no more than 20 square feet; and 2) reduce the height of the directional signs to no more than three- feet from grade or relocate the signs out of the sight triangle area; and 3) provide detailed information for the proposed wall signs for all the buildings to document compliance with Sign Code regulations; 7. Develop 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 except as noted in the StaffReport; and building regulations; and 8. Obtain permits from MWRD, IDOT, and any other applicable agency as may be required to develop the site as proposed. The Village Board's decision is final for this case. Keith Pochter, Pochter Group LTD, Northbrook, IL and Dan Wander, Terraco, Inc., 8707 Skokie Blvd., Skokie, IL, were sworn in and testified Pochter had been in the development business over 40 years and Terraco for over 20 years. They mentioned several large developments in the area they are currently working on. All anticipated witnesses were sworn in at this time. Peter Uliasz, Architect, came forward and highlighted some areas of the proposed project. He said landscaping had been seasonally planned. He pointed out the building architecture had been planned to avoid a "top-heavy" appearance. He provided examples of proposed building materials: limestone for the base; masonry brick, pre-finished aluminum coping; orange-red and brown-red brick; dark bronze architectural metals and pictures of wall sconces. He said tenants would not be allowed to have their own sign. One sign will be used in the lobby. Board members had questions about the building height and whether the HVAC was included in the height. Those questions were left to be answered at a later date. Todd Schaffer, Haeger Engineering, Rolling Meadows, IL, came forward and testified that 30% more above and below ground storm water detention would be provided than was previously provided in the area of the proposed project. To accommodate the buildings. This is in accordance with Mount Prospect Ordinance and MWRD Regulations. Chuck Martin, Culvers, 599 Hawthorne Blvd., Glen Ellyn, IL, came forward and testified he is a future Culvers franchisee and is excited about opening in the Mount Prospect location and anticipates a high rate of success. He said this restaurant will be a little larger than the standard Culvers. He held up a board showing the samples of the building materials to be used on the building. Mr. Martin showed pictures of the Culvers Menu Board and reiterated their need for their need at least a 28 sq.ft, menu board. lanning & Zoning Commission PZ-39-03 Arlene Juracek, Chairperson Page 5 Steve Corcoran, Principal and Traffic Engineer with Metra Transportation, who prepared the traffic study for the proposed project, testified this is a 3-frontage site with 4 existing access points. He explained how they determined trip generation and capacity analysis. He explained why the 5' setback requested by the Board would not be feasible. Board members had concerns about Day Care Center children playing in a playground adjacent to a driveway to the center. Keith Pochter said he will talk to the Day Care Center owners about moving their playground. Chair Juracek closed the hearing at 9:11 p.m. Board members said they felt that, after some suggested changes are made, this would be a very attractive addition to an area that is presently an eyesore in Mount Prospect. Richard Rogers voted to recommend approval of a request for a Conditional Use for a PUD for 1601-1639 S. Busse Rd., PZ-39-03, with the eight conditions imposed by staff (except//6); the Bank drive-up to be moved off of Dempster or Busse; playlot to be worked out with the other owner and the building having a Dempster address. Joseph Donnelly seconded the motion. UPON ROLL CALL: AYES: Cotten, Donnelly, Floros, Rogers and Juracek NAYS: None Motion was approved 5-0. Chuck Martin of Culvers asked to address the group again before voting on the menu board occurred. He asked the group to consider allowing no pre-signage and allowing a total 32 sq. ft of signage and no visual clutter from the street. Joseph Dounelly voted to recommend approval of one 32 sq. ft. sign as presented, with the condition that it is screened with year round landscaping from the driveways and the roads and is only visible from the drive-up area for 1601-1639 S. Busse Rd., PZ-39-03. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Cotten, Dounelly, Floros, Rogers and Juracek NAYS: None Motion was approved 5-0. At 10:30 p.m, Richard Rogers made motion to adjourn, seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. ~~unity Development ~ud~ Connoffy, AICP, Senioi'/Planner ~ H:~PLAN~lannlng & Zoning COM2v~P&Z 2003Wiinute$~PZ-39-03 1601-39 $ Busse Rd 10-23 mtg.doc Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: OCTOBER 16, 2003 HEARING DATE: OCTOBER 23, 2003 SUBJECT: PZ-39-03 - CONDITIONAL USE AND VARIATIONS 1601 S. BUSSE ROAD (SOUTHEAST CORNER OF BUSSE & DEMPSTER) BACKGROUND A public hearing has been scheduled for the October 23, 2003 Planning & Zoning Commission meeting to review the application by Pochter Group Limited (the "Petitioner") regarding the property located at 1601 S. Busse Road (the "Subject Property") for the purposes of: A. Preliminary Plan review for a Planned Unit Development (PUD) consisting of a bank with a drive- thru, a restaurant with a drive-thru, and a 2-story office building on a single lot of record; B. Variation to allow a building height in excess of the B-3 District's maximum height limitations; C. Variations to allow relief from the required parking setbacks; and D. Vhriations to allow relief from the Sign Code regulations. The P&Z hearing was noticed in the September 10, 2003 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the southeast corner of Busse Road and Dempster Street, and consists of an unimproved (vacant) lot. The Subject Property is zoned B-3 Community Shopping and is bordered by the B-3 District to the east, south (Plaza United), and west, and by the R-4 Multi-Family Residential District to the north. It should be noted that the Subject Property was part of a previously approved development proposal that consisted of a restaurant and hotel. The development was not constructed and now the Petitioner is proposing a new plan for the Subject Property. PRELIMINARY PLAN REVIEW PROCEDURES As noted above, the Petitioner's proposal calls for the development of the Subject Property as a Planned Unit Development (PUD). Per the Village's Zoning Ordinance, the review procedure for a PUD requires Preliminary Plan review and recommendation by the P&Z Commission and final action by the Village Board. Following completion of the Preliminary Plan process, the Petitioner will be required to obtain Final Plan approval. In reviewing the current application, the P&Z Commission should consider the development proposal as conceptual. All details for each element of the development must be resolved prior to review of the Final Plan. Final Plan approval entails review and recommendation by the P&Z Commission and final action by the Village Board. PZ-39-03 Planning & Zoning Commission Meeting October 23, 2003 Page 3 SUMMARY OF PROPOSED DEVELOPMENT As illustrated on the attached site plan, the Petitioner is proposing a multi-use development consisting of: · A 4,500 square-foot bank (with five drive-thru lanes) to be located at the northwest comer of the site; · A two-story, 16,000 square-foot office building to be located near the center of the site; and · A 4,754 square-foot restaurant with a drive-thru (Culver's) to be located at the east end of the site. In addition to these buildings, the development would include parking, landscaping and stormwater detention improvements. The proposed development is consistent with the Village's Land Use Plan, which designates the Subject Property as "Community - Commercial". The Petitioner is seeking Preliminary Plan approval for the Planned Unit Development, proposed uses (drive-thins), and variations for the proposed parking setbacks and building height for the office building. REVIEW OF APPLICATION COMPONENTS PUD Proposal: The proposed development consists of three buildings located on a single lot of record. Since the Zoning Ordinance requires each primary structure to be located on its own lot of record, the Petitioner is seeking approval for a PUD to allow multiple structures on a single lot. The proposed PUD would result in a more cohesive development of the irregular shaped property because it minimizes potential traffic impacts and allows for better interior circulation between the three uses. The proposed development consists of a bank with a drive-thru, a restaurant (Culver's) with a drive-thru, and a 2- story office building. The drive-thru components of the bank and restaurant uses require Conditional Use approval in the B-3 District. However, these proposed uses could be permitted as part of an overall Conditional Use approval for the development of the Subject Property as a PUD. General Zoning Compliance: · Building Setbacks - The Site Plan indicates that each of the proposed buildings would meet the Zoning Ordinance's minimum setback requirements. Building Height - The B-3 District allows a maximum building height of 30 feet. In reviewing the Petitioner's proposal, Staff found that the proposed Culver's restaurant would be approximately 24-feet in height and would comply with the applicable height limitations. However, the proposed 2-story office building measures 34-feet in height (which exceeds the District's height limitations) and requires Variation approval. It should be noted that the majority of the office building complies with the height limitations, but the building includes some design/entry features that extend to a height of 34-feet. Lastly, specific building elevations have not been provided for the bank building. Without specific building elevations Staff cannot confirm whether the building would meet the District's height requirements. Since no specific relief has been requested, the bank building would be required to comply with the District's maximum height limitation. Parking Setbacks - The majority of the proposed Site Plan complies with the Village's parking setback requirements, but there are two areas that require approval ora Variation. These areas are as follows: PZ-39-03 Planning & Zoning Commission Meeting October 23, 2003 Page 4 Angled Parking- East End of Development- The Site Plan includes 19 angled parking spaces along the east lot line of the site. Although a minimum setback of l0 feet is required, the Petitioner proposes a 5-½ foot setback. Parking Along West and South Sides of the Office Building - The proposed Site Plan includes parking spaces along the south and west sides of the office building. These spaces would be accessed directly from the existing service drive that runs along the rear of the Plaza United center. The attached Plat of Survey indicates that an existing easement along the south lot line of the Subject Property allows access to/from the Plaza United Shopping Center, so vehicles are permitted to use this easement to access the Petitioner's lot of record. The proposed parking spaces along the south and west sides of the office building have no setback since they would be accessed directly from the adjacent service drive. Due to these circumstances, the Petitioner is seeking relief from the Village's 10-foot parking setback requirement. Staff is concerned that this proposed configuration may conflict with delivery trucks or service vehicles using the existing service drive to gain access to the tenant spaces within the Plaza United center. A potential solution may be to limit the parking spaces in this area to employee parking only, which would restrict the amount of vehicle turnover. Another alternative would be to eliminate these parking spaces altogether, which would eliminate potential traffic conflicts and provide additional landscaping/screening opportunities for the office building. Lot Coverage - Based on the calculations provided by the Petitioner, the overall development would have a total lot coverage calculation of 74.18%, which falls just below the District's maximum allowable lot coverage of 75%. Landscaping: The attached Preliminary Landscape Plan provides a conceptual design with regards to the size, general type, and location of proposed plantings for the Subject Property. As part of the Final Plan submittal the Petitioner must submit a more detailed landscape plan that includes specifics regarding the size and species for each type of the proposed landscaping material, as well as details for the perimeter landscaping, parking lot islands and building foundations. It is important that the landscaping maintain a consistent theme throughout the entire development. Interior Parking Lot Landscaping - The Petitioner's Preliminary Landscape Plan indicates that it satisfies the Village's 5% Interior Planting requirement. However, the color rendering of the plan indicates a 'green' ground cover without specifying any details regarding plant materials. The Final Landscape plan must include a hardy, salt resistant type of ground cover since grass tends to require a higher level of maintenance and does not fare well when planted in parking lot landscape islands. Also, the landscape plan must be revised to provide detailed information regarding the size and type of landscaping materials to be used. Perimeter I, andscaping - The proposed perimeter landscaping is comprised of varying shrubs and sod. Given that deciduous plants will lose their leaves during the fall and winter months, the proposed plan will provide some year round screening. Foundation Landscaping - The landscape plan does not provide detailed information regarding the proposed treatments along the building foundations. The Preliminary Landscape Plan does however indicate that the majority of the materials will be deciduous type plants. Given the proposed height of the office building, and its orientation to Dempster Street, Staff suggests the plan be revised to provide more substantial, year-round landscaping along the office building's foundation (as well as along the foundation of the bank and restaurant buildings). Also, consideration must be given to selecting plant PZ-39-03 Planning & Zoning Commission Meeting October 23, 2003 Page 5 materials of the appropriate height so that views from the first floor of the office building are not entirely obscured. Parking: As a PUD, it is anticipated that the proposed development will contain cross access and shared parking agreements between all three of the uses. Although the project would be a unified development, tbe Petitioner has provided a Site Plan that delineates the 'parking fields' for each of the proposed uses. The following table compares the proposed parking for each use to the Village's parking requirements: i::'::: ::!..:'i:::?.': ."!!:. ':: '::: ": ,A. !i::: :[~¢a'tloff. i ';,:"';: ': ."?;:.::i: i::i:SP~C~. ::::: :::::::::::::::: ::::: ::::::::: '~!:; ?:RatiO: "':i..} '[]:: ~ .'.":: :Pad/irii~ji. Spai:e's'' '::: ':: ':i. ::. ';: .'Rati°:i! ':::.' ::'.~.i: Bank 38 8.44/1000 sq. ft. 14 3/1000 sq. ft. Dffice Building 93 5.81/1000 sq. ft. Professional = 64 4/1000 sq. ft. Medical = 80 5/1000 sq. ft. Restaurant 69 14.68/1000 sq. ft. Customers = 40 1 space/3 seats Employees = 10' 1 per employee Total Parking Provided = 200 Total Parking Required = '144'* * -- Based on assumption of 10 employees during restaurant's peak hours ** = Based on entire office building being occupied by medical uses The Petitioner's proposal exceeds the amount of required parking based on the combination of proposed uses. Due to these circumstances Staff recommends the Petitioner revise the Site Plan by eliminating the 12 parking spaces along the south and west sides of the office building as well as additional spaces along the Dempster Street frontage. The removal of additional parking spaces will allow for some additional green space both along the perimeter and within the interior of the proposed development, while the overall number of available parking spaces would still exceed the amount of required parking. Signage: The proposed PUD calls for a combined tenant sign at the corner of Busse & Dempster and a freestanding sign in front of the Culver's restaurant (along the Dempster frontage). Culvers Signage - The size and location of the Culver's freestanding sign on the Dempster Street frontage complies with the Sign Code regulations. However, the proposed 28 square-foot menu board sign (consisting of three panel boards) exceeds the 16 square foot limitation. Recently, the P&Z approved an oversized menu board for a new restaurant that featured three distinct restaurants/tenants. In comparison, Culver's would be the only tenant/user. Also, the Petitioner is requesting a 16 square foot 'pre-order menu' board sign in addition to the oversized menu board. While the request may be consistent with the drive-thru restaurant industry's expectations, the requests do not comply with Village regulations. Reducing the size of the menu board to no more than 20 square feet would be consistent with previous relief granted by the P&Z and still allow the Petitioner flexibility to promote menu items. PZ-39-03 Planning & Zoning Commission Meeting October 23, 2003 Page 6 Development Signage (Combined Tenant Sign) - The Petitioner proposes a freestanding sign that would be shared by the bank, the Culver's restaurant, and up to four tenants of the office building. The proposed sign's size, location and materials comply with the Village's Sign Code regulations. General Appearance and Architectural Design: The Petitioner's submittal only included elevations for the office building and Culver's restaurant. The office building elevations indicate that the building facade will be a tan colored brick and include stone accents. The design incorporates large, expansive windows and curvilinear entrance features to provide architectural relief for the flat roof. The elevations for the Culver's restaurant indicate the building will have a blue metal roof and the facade will be constructed primarily of white brick or split faced CMU with some blue soldier course accents. To ensure that the proposed development will have a consistent design theme, more detailed information and material samples must be provided for each of the proposed buildings. As noted previously, the proposed office building exceeds the 30-foot height limitation for the B-3 District. The design of the building is primarily a flat-roofed structure with several curvilinear entrance features that are intended to soften the look of the building. During the public hearing, it is suggested that the Petitioner review the proposed office building design to help the P&Z determine if the requested zoning relief is appropriate. Although the proposed design features may improve the appearance of the building, there is no apparent hardship that requires the building to exceed the 30-foot limitation. It should be noted that as part of the PUD approval process, the Village Board may approve deviations from the bulk regulations when they find that the proposed exception would not adversely impact the value or use of any other property. Transportation and Circulation System: The Petitioner's proposal would utilize the existing curb cuts on Busse and Dempster, in addition to maintaining access to the adjacent Plaza United commercial development (which was required as part of the adjacent development's previous approval). Staff's preliminary analysis indicates that the eastern most driveway must be modified to create a dedicated left-turn lane onto Dempster Street. The dedicated left-turn lane will allow traffic to exit the site safely and minimize congestion within the development. Also, directional arrows must be painted onto the pavement surface (per the Village's Traffic Engineer's direction) to ensure safe interior circulation throughout the site. The Petitioner's Site Plan indicates that the bank's drive-thru lanes would be located along the building's west elevation. Staff reviewed access to the site and found that by eliminating one drive-thru lane the bank could be reconfigured by shifting the drive-thru lanes to the south or east side of the building. This modification to the site plan would make the highly visible west elevation of the bank building more aesthetically pleasing while also creating a safer interior circulation pattern. The petitioner must address how traffic flow will function along the south portion of the site. Twelve parking spaces are proposed with access off of a service alley that contains dumpsters, delivery areas and an enclosed children's play area. The site plan must be redesigned to reflect the outdoor play area and any other permanent structures in the service area that would impede traffic flow. Public Improvements: In conjunction with development projects the Village's Development Code requires right- of-way improvements such as the installation of parkway trees and public sidewalks. The Subject Property currently contains public sidewalk along a portion of the site's perimeter (along Busse Road frontage) and some parkway trees near the intersection of Busse & Dempster. Prior to review of the Final Plan the Petitioner must revise the plans to include the required right-of-way improvements. PZ-39-03 Planning & Zoning Commission Meeting October 23, 2003 Page 7 CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: · The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; · Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and · Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Petitioner's request to construct a bank with a drive-thru, a restaurant with a drive-thru, and office building requires Conditional Use approval for a Planned Unit Development (PUD). The information submitted for review indicates that the proposed uses would work well together at this location. However, additional information is required, as well as modifications to the plans, in order for the Petitioner to demonstrate that the proposed PUD complies with the Village Code. RECOMMENDATION Based on these findings, Staff recommends that the Planning & Zoning Commission ~recommend approval of the Petitioner's request for Preliminary Plan approval for the proposed uses as indicated on the site plan prepared by Otis Koglin Wilson (dated October 10, 2003), relief from the Sign Code to allow an additional freestanding sign/pre-order menu board as shown on Exhibit A, relief as needed from the parking setback requirements, relief from the B-3 District's height limitations to allow a 34-foot office building, subject to the following modifications: 1. Revise the Site Plan to provide a dedicated left turn lane for the eastern most driveway and address any other modifications required by Staff'following a complete analysis of the Site Plan and Traffic Study; 2. Demonstrate that the 12 parking stalls along the south and west sides of the office building will function safely or revise the plan to eliminate them. 3. Revise the Site Plan so the bank's drive-thru lanes are relocated to the south or east elevation of the building; 4. Revise the landscape plan to include: 1) at least 75% year-round foundation landscaping for all of the buildings; 2) detail sheets for the various landscape features; and 3) viable, low-maintenance ground cover within the parking lot landscape islands; 5. Provide detailed information (including building material samples, colors, etc.) for the proposed office, bank and restaurant buildings prior to proceeding with the Final Plan approval process; Z-39-03 Planning & Zoning Commission Meeting October 23, 2003 Page 8 Revise the signage as follows: 1) modify the Culver's menu board so it has no more than two panels and measures no more than 20 square feet; and 2) reduce the height of the directional signs to no more than three-feet from grade or relocate the signs out of the sight triangle area; and 3) provide detailed information for the proposed wall signs for all the buildings to document compliance with Sign Code regulations; Develop 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 except as noted in the StaffReport; and building regulations; and Obtain permits from MWRD, IDOT, and any other applicable agency as may be required to develop the site as proposed. The Village Board's decision is final for this case. I concur: William J. Cooney, AICP, Director of Community Development ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE FOR THE PRELIMINARY APPROVAL OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD (SOUTHEAST CORNER OF DEMPSTER STREET & BUSSE ROAD) WHEREAS, the PUVA Company, LLC. (hereinafter referred to as "Petitioner'S, has filed a petition for a Conditional Use permit in the nature of a Planned Unit Development with respect to property generally known as 1601 South Busse Road, (hereinafter referred to as "Subject Property'S; and WHEREAS, the Subject Property is legallY described as follows: Property Index Number: 08-23-100-013-0000 Lot two in Plaza United Resubdivision of Lot One of pla~ United, a sUbdivision of part of the Northeast % of Section 22 and part of the Northwest % Section of 23, both in Township 41 North, Range 11, east of the Third Principal Meridian, according to the plat of said resubdivision recorded on June 25, 1996 as Document #96489523, in Cook County, Illinois; and WHEREAS, the PetitiOner desires to develop the Subject Property as a commercial Planned Unit Development consisting of a bank with five drive-thru lanes, a restaurant with one drive-thru lane, and a two-stow office building; and WHEREAS, the proposal requires relief from the Village's zoning regblations to permit an office building that measures thirty-four feet (34') in height from grade, a landscape setback along the south lot line that is less than ten feet (10'), and relief from the Village's Sign Code regulations to permit a thirty-two (32) square-foot menu board; and WHEREAS, a Public Hearing Was held 'on the request for a Conditional Use permit, designated as PZ-39-03, before the Mount Prospect Planning and Zoning Commission on the 23rd day of October, 2003, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 10th day of September, 2003; and WHEREAS, the Planning and Zoning commission has submitted its findings and positive recommendation to the President and Board of Trustees of the Village of Mount Prospect; and Page 2/3 1601 W. Busse Road NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the Conditional Use in the nature of a preliminary Planned Unit Development being the subject of this Ordinance is subject to the following conditions: 1. Development of the office building in general conformance' with the submitted elevations prepared by Otis Koglin Wilson Architects (OKW) dated October 10, 2OO3; 2. DeVelopment of the Culver's Restaurant in general conformance with the submitted elevations prepared by Richard L. Johnson, Associates dated August 14, 2OO3; 3. Development of the site plan in conformance with the site plan prepared by Otis Koglin Wilson Architects dated October 29, 2003; 4. Conduct a detailed analysis of providing a dedicated left turn lane for the eastern most driveway and provide documentation that demonstrates why the design may or may not be implemented; 5. Designate the 5 parking stalls along the south elevation office building as employee parking only; 6. Revise the Site Plan so the drive-thru lanes at the bank are relocated to the south or east elevation of the building or provide documentation whY the change would not be compatible with the overall site plan; 7. Revise the Site Plan to include details of the adjacent Plaza United development (exits, dumpsters, etc.) and modify the plan accordingly to ensure safe access to/from the proposed development that has minimal impact on the adjacent Plaza United tenants; 8. Revise the landscape plan to include: 1) at least 75% year-round foundation landscaping for all of the buildings; 2) detail sheets for the various landscape features; 3) viable, Iow-maintenance ground cover within the parking lot landscape islands, and 4) increase the amount and/or quantity of green space along the east lot line; 9. Provide detailed information (including building material samples, colors, etc.) for the proposed office, bank and restaurant buildings prior to proceeding with the Final Plan approval process; Page 3/3 1601 W. Busse Road 10. Revise the signage as follows: 1) reduce the height of the directional signs to no more than three-feet (3') from grade or relocate the signs out of the sight triangle area; and 2) provide detailed information for the proposed wall signs for all the buildings to document compliance with Sign Code regulations; 11. Screen the menu board with a variety of year-round landscape materials; 12. Locate the menu board so it is only visible to vehicles in the drive-thru lane; 13. Develop 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 except as noted in the Staff Report; and building regulations; and 14. Obtain permits from MWRD, IDOT, and any other applicable agency as may be required to develop the site as proposed. SECTION THREE: That the President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit, as provided in Section 14.203.F.7 of the Village Code, for preliminary Planned Unit Development approval to allow a commercial development, as depicted in the Site Plan prepared by Otis Koglin Wilson Architects dated October 29, 2003 (attached) and 32-square foot menu board (attached); SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of .. ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk C:\ConUsePUD1601 Busse RdNov,03.doc illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER DEPUTY FINANCE DIRECTOR OCTOBER 15, 2003 ORDINANCE AMENDING CHAPTER 17 OF THE VILLAGE CODE PURPOSE: To recommend the adoption of an ordinance that would amend Section 17.102: "Licenses Required; Exceptions" to include active U.S. military stationed outside the State of Illinois whose vehicle is with them outside the State or whose vehicle is in full time storage due to their military service. The ordinance also amends Section 17.107: "License Year; Time of Payment; Late Payment Penalty" by removing the military exception reference from that section in order to include it with the other exceptions in section 17.102 The new section 17.107 also deletes a provision that states if a vehicle is in storage a resident does not need to pay for a vehicle sticker until the vehicle is removed from storage. BACKGROUND: During a recent review of the Vehicle License section of the Code, it was determined that all exceptions to the license requirement should be contained in the same section and that is why we are making the change regarding military personnel. Also, another provision of section 17.107 regarding payment for a vehicle sticker when a vehicle is removed from storage is very difficult to administer. There is really no way for Village staffto monitor that type of situation and to know when a vehicle is in storage and when it actually comes out of storage. In order to be consistent and fair in administering the Code to all residents, it is recommended that that provision be deleted. RECOMMENDATION: It is recommended the draft ordinance be adopted as presented; CAROL L. WIDMER BH;}IJM 0/7/03 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Article I, "General Provisions", Section 17.102, entitled "Licenses Required; Exceptions", of Chapter 17 of the Village Code of Mount Prospect shall be amended by deleting Section 17.102 in its entirety and inserting in lieu thereof the following new Section 17.102 which shall be and read as follows: Sec. 17.102: LICENSES REQUIRED; EXCEPTIONS: A. License Required. Every motor vehicle, motor driven cycle, motor bicycle and/or trailer, semitrailer or other vehicle as set forth in this Article, which is (a) owned or operated by a person who resides within the Village; or (b) which is owned by a company, firm or corporation which has a place of business located within the Village; or (c) registered with the State to an address located within the Village, shall have displayed a current, properly purchased Mount Prospect vehicle license. B. Exceptions. There shall be only three (3) exceptions to the above license requirement: Exception 1, The vehicle has a registered owner on active U.S. military duty stationed outside of Illinois and either: (a) the owner is in actual possession of that vehicle while stationed outside of Illinois; or (b) the vehicle is in full time storage; or Exception 2. The vehicle is kept and operated primarily in another municipal jurisdiction and displays a current and valid license from that municipal jurisdiction; or Exception 3. The vehicle displays a currently valid ant. ique license plate issued by the Illinois Secretary of State. SECTION 2: Article I, "General Provisions", Section 17.107, entitled "License Year; Time of Payment; Late Payment" of Chapter 17 of the Village Code of Mount Prospect shall be amended by deleting Section 17.107 in its entirety and inserting in lieu thereof the following new Section 17.107 which shall be and read as follows: 17.107: LICENSE YEAR; TIME OF PAYMENT; LATE PAYMENT PENALTY. License fees shall be due and payable on or before April 30, and shall expire on April 30 following the date of issuance. If, after the date license fees become due and payable, a person acquires a vehicle or becomes a resident of the village or if one of the exceptions set forth in Section 17,102 ce~s t~ exist~ then the license fees provided for in Section 17.103 of this Article sha!l be due and payable within thirty (30) days after such vehicle is acquired or new residency is established, orthe 17.102 exception ceases to exist. Where the fee becomes due and payable six (6) months or more after the start of the license year, then the license shall be issued for the remainder of the year upon payment of one half (2) of the fee provided for in Section 17.103 of this Article. A late fee will be required in addition to all the license fees provided for in Section 17.103 of this Article by all persons who purchase the license after the date as set forth in this section. The late payment fee schedule is as follows: Fifty percent (50%) of license fee if purchased after April 30 and before July 1; Seventy five percent (75%) of license fee if purchased after July 1 and before September 1; and One hundred percent (100%) of license fee if purchased after September 1. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk C:\MyFiles\Mp\ORDS\Secs17-102and17-107OrdAmdLicenses.wpd Village of Mount Prospect 5lount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: ASSISTANT VILLAGE MANAGER DAVE STRAHL HUMAN RESOURCES DIRECTOR PATRICK SEGER OCTOBER 30, 2003 PROPOSED AMENDMENT TO THE RETIREE HEALTH SAVINGS (RHS) PLANS Due to the costs of medical expenses upon retirement, the Village of Mount Prospect has implemented several Retiree Health Savings (RHS) plans, which are administered by the International City/County Management Association - Retirement Corporation (ICMA-RC), to help employees prepare for those retiree health care costs. The tax benefits associated with the' RHSplan§ make the planS very attractive for employees; furthermore, employees who have been offered the plans have embraced them enthusiastically. As you know the plans are 100% funded by employees, and there is no cost to the Village, therefore, the plans do not constitute a new benefit. Currently, the Village of Mount Prospect offers RHS plans to several employee groups: Fire Union, Police Command and Fire Command. As of January 1,2004, all full-time non-union employees will be eligible to participate in the RHS plans. Per our discussion, with the Internal Revenue Service's (IRS)clarification of the income tax treatment of Health Reimbursement Arrangements (HRA), there is a need to amend our current Retiree Health Savings (RHS) plans. Within the amendment process, it is recommended to h ave t he changes t o t he current R HS Plans a nd future R HS plans approved via a resolution passed by the Village Board during the November 4, 2003 meeting. The following are those changes that wilt impact our plans; RHS Plan Clarifications The general concept of the RHS plans have not changed, however, through the guidance of the IRS, the income tax treatment of Health Reimbursement Arrangements, of which the RHS program is patterned, has been furthered clarified~ This clarification has restricted certain aspects of the plans, such as the death benefit, severance and long-term care expenses; however, it has also relieved some of the restrictions in areas of annual contributions. Proposed Amendment to the Retiree Health Savings (RHS) Plans October 30, 2003 Page 20 certain aspects of the plans, such as the death benefit, severance and long-term care expenses; however, it has also relieved some of the restrictions in areas of annual contributions. The following is a list of those changes that have further restricted the plans and have improved the flexibility of the current plans; Restrictions: · The RHS death benefit no longer allows an after-tax cash account distributed to an employee's designated beneficiary: The past program offered a death benefit of an after-tax cash pay out to the employee's designated beneficiaries. With the new change, designated beneficiaries will still receive the after-tax death benefit, however, it must be in the form of utilizing the account assets for the reimbursement of eligible medical expenses. The death benefit remains the same for the designated spouse and dependents of the employee after death. As before, the designated spouse and dependents will continue to utilize the assets within the RHS account to receive reimbursement of eligible medical expenses tax-free. · Long-term care expenses will no longer be considered a qualified medical expense. However, long-term care premiums are still acceptable. · The severance feature is no longer allowed under the RHS program. This change does not impact the Village of Mount Prospect's RHS plans because we did not include a severance feature as an option in our original plans. Greater Flexibility of Annual Fundinq for the Amended RHS plans: · Employers may choose to allow employees to elect to contribute, on a pre-tax basis, all or a portion of the upcoming year's accrual of leave time to the RHS plans. As with the current program, all employees within the designated group had to participate in the annual funding program at the same contribution level (i.e. 19 hours of holiday leave time). With the amended change to the RHS plans, employees will have a choice within a pre-determined range of leave options to participate in. They also have the option not to participate in the annual contributions from one year to the next, however, have the option to reenroll and contribute during a future open enrollment period (Oct. 1.5 - Nov. 15).' · Employers may allow employees to elect to contribute compensation on a pre- tax basis. This irrevocable funding option, allows employees to designate a fixed dollar amount within a pre-determined range of dollar amount options. This funding option is irrevocable; therefore, once the employee begins roposed Amendment to the Retiree Health Savings (RHS) Plans October 30, 2003 Rage 30 compensation deductions they must continue at that funding level throughout their entire career with the Village of Mount Prospect. Employers may choose to allow employees to elect to contribute employee compensation, on an after-tax basis. This funding option, allows employees to designate a fixed dollar amount within a pre-determined range ofdollaramounts. This is an after-tax contribution; therefore, participation is not irrevocable. Please find attached the RHS Election Form and Compensation Redirection Agreement, which illustrates the existing and unchanged Mandatory Benefit Accrual of sick time at retirement, along with the new, if amended, range of voluntary funding options: Annual Paid-Time-Off (PTO), Irrevocable Compensation Contribution, and the After-tax Compensation Contribution. As with the current RHS program, there is no new benefit cost with the amended RHS plans. Furthermore, with the amended changes of the annual funding options, employees will have a greater opportunity to fund their respective RHS accounts on an annual basis in preparation for medical expenses during retirement. Therefore, I am recommending the amendment of two (2) of our three (3) RHS plans, · which include both the Fire Command and Police Command employees and adding a forth plan for all full-time non-union employees. Due to the timing of our Fire negotiations, the Fire Union decided to continue discussion on the RHS annual funding options, and if agreed upon, implement changes effective January of 2005. The aforementioned changes to the RHS plan, such as the death benefit, severance program, and long term care eligibility are effective immediate(y, however, the changes for the annual funding options will be adopted via resolution, and will be effective January 1,2004 for the Fire Command, Police Command and all full-time non-union employees. Please find attached three (3) proposed resolutions, of which two (2) are amending the current RHS plans for the police and fire command employee groups respectively, and the third is for adopting our forth RHS plan for all full-time non-union employees. If you have any questions, please contact me. Patrick J. SC'SC/? .Z/.~//' Human Re~q~lrc/~s/D~rector Attachment MAYOR Gerald L. Farley TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert Richard M Lo~rstorfer Michaele W. Skowron Irvana K Wilks Michael A. Zadel Phone: (847) 392-6000 Fax: (847) 392-6022 TDD: (847) 392-6064 VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK Velma W. Lowe Village of Mount Prospect 100 Sout[: Emerson Street Mount Prospect, Illinois 60056 Retiree Health Savin~s (RHS) Election Form and Compensation Redirection Agreement Plan Year: 1/1/04- 12/31/04 Employee Name Date: Employee No. or SS # Department Please find the Mandatory Benefit Accrual Program below. This funding program only applies to eligible employee's who are retiring. No action is needed on this portion of the Redirection Agreement. Mandatory Benefit Accrual Program (Eligibility upon retirement as defined by the appropriate contract/Employee Personnel Manual) Mandatory - Accrued sick time at retirement Fire (24-hour shift) - 100% of up to 720 hours and 50% of accrued hours between 720 and 1153 Police (8 hour shift) - 100% of up to 480 and 50% of hours accrued between 480 and 768 Public Works and other 8-hour employees - 100% of up to 480 hours and 50%, of hours accrued between 480 and 720 7.5-hour employees - 100% of up to 450 hours and 50% of hours accrued between 450 and 720 *The value of your RHS deduction will be the total number of sick leave hours per the aforementioned forn2ula multiplied by your hourly rate at retirement. yohmtary Benefit Funding Options Please indicate in each of the three (3) sections (Annual Paid~Time-Off (PTO) Funding Options, Compensation Contribution (h-revocable), and After-Tax Compensation Contribution) your election by checking one of the boxes to either participate in each one of the programs, or not to participate in each one of the programs. An,mai Paid-Time-Off (PTO) Funding Options Benefit Plan Year 2004 This annual election fl~nding option is voluntary for full-time employees. Once your election is made, it is irrevocable for the Plan year. Please indicate your election. [3 Option A Eight (8) hours of vacation [3 Option B Eight (8) hours of vacation Eight (8) hours of Personal Option C Eight (8) hours of vacation Eight (8) hours of personal Sixteen (16) hours of sick time - at 50% value (720 hours Fire Shift 24 hr, 480 hours Police and Public Works, and up to 450 hours all other employees.) E Optio~ D Sixteen (16) hours of vacation Sixteen (16) hours of personal Twenty-four (24) hours of sick - at 50% value (720 hours Fire Shift 24 hr, 480 hours Police and Public Works, 450 hours all other employees.) Option E Twenty-four (24) hours of vacation Option F Twenty-four (24) hours of vacation Forty-eight (48) hours of sick - at 50% value (720 hours Fire Shift 24 hr, 480 hours Police and Public Works, 450 hours all other employees.) Option G (Fire Shift Only)- Twenty-four (24) hours of vacation Forty-eight (48) hours of sick - at 50% value (720 hours Fire Shift 24 hr) Option H Nineteen (19) hours of holiday pay (Fire Shift Only) Option I (Fire Shift Only)- Twenty-four (24) hours of vacation Nineteen (I 9) hours of holiday pay Forty-eight (48) hours of sick - at 50% value (720 hours Fire Shift 24 hr) Option J I' will not participate in this portion of the Plan. I understand further that: My election under tl~is section of the Agreement ~vill terminate as of the end of the Plan Year. I understand that I may make a new election under this portion of the Plan for a subsequent Plan Year. This section o f t he Agreement w ill automatically terminate i f t he P lan is terminated or discontinued. Compensation Contribution - (Irrevocable) This funding option is irrevocable. An election within option requires the employee's compensation contribution until retirement or upon employment separation. 12 Option A $ 250.00 12 Option B $ 500.00 12 Option C $ 1,000.00 12 Option D $ 2,500.00 ~ Option E $ 5,000.00 ~ Option F $ 15,000.00 12 Option G I will not participate in this portion of the Plan. I understand further that: My election under this section of the Agreement indicates that I have a commitment to the compensation contribution until retirement or upon employrnent separation. This section o f t he Agreement w ill a utomat/calty terminate i f t he P lan is terminated or discontinued. After*Tax Compensation Contribution (Flexible) This funding option is voluntary and is not tax deferred at the time of contribution. It is an after tax contribution. The benefit of this funding mechanism is that employees can opt in or out of the Plan at any time during the year. E Option A $ 250.00 71 Option B $ 500.00 [~ Option C $ 1,000.00 [3 Option D $ 2,500.00 ~ Option E $ 5,000.00 [~ Option F $ 15,000.00 [5 Option G I will not participate in this portion of the Plan. * Maximum deduction under the After-Tax Compensation Contribution is 25% of the annual contribution of the Village of Mount Prospect's total participation. I understand further that: · My election under this section of the Agreement can be adjusted at any time during the plan year. · This section of the Agreement ~vill automaticallyterminate if the Plan is terminated or discontinued. AcknowledRe A~reement The Plan Administrator may reduce or cancel my compensation reduction or otherxvise modify this Agreement in the event he believes it advisable to satisfy certain provisions of the Internal Revenue Code. The reduction in my cash compensation or the equivalent of other Paid-Time-Off(PTO) under this Agreement shall be in addition to any reductions under other agreements or benefit programs maintained by my Employer. THIS AGREEMENT IS SUBJECT TO THE TERMS OF THE PLAN, AS AMENDED FROM TIME TO TIME, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH APPLICABLE LAWS. As an eligible full-time employee in the Village of Mount Prospect's Retiree Health Savings (RHS) Plan, I acknowledge and understand the benefits available in the RHS Plan along with the rights and obligations of participating in the RHS Plan. Employee Name (Please print) Employee Signature Date Document Updated 10/28/03 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ADOPTION OF AN AMENDED VANTAGECARE RETIREE HEALTH SAVINGS PLAN (MOUNT PROSPECT POLICE COMMAND PLAN NUMBER 800191) WHEREAS, the Village of Mount Prospect ("the Employer'') employs individuals rendering valuable services to the community; and WHEREAS, the Employer has established a retiree health savings plan in the form of the VantageCare Retirement Health Savings Plan (the "Plan") for such employees t hat serves t he interest o f t he Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the continuance of the Plan serves the above objectives. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the Employer to amend and restate the Plan as outlined in the attached the Retirement Health Savings Plan Election Form and Compensation Agreement. SECTION TWO: That the assets of'the Plan shall be held in trust, with the Employer serving as trustee ("Trustee'l, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The Employer executes the Declaration of Trust of the Village Mount Prospect Integral Part Trust in the form of the model integral part trust agreement made available by the ICMA Retirement Corporation. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the man0er provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk C:\Win2kProfile$~PSeger\Local Sellings/Temporary Internet Files\OLK2\Retiree svgs planVantagec~rePOLICE-NovO3.doc RESOLUTION NO. A RESOLUTION AUTHORIZING THE ADOPTION OF AN AMENDED VANTAGECARE RETIREE HEALTH SAVINGS PLAN (MOUNT PROSPECT FIRE COMMAND PLAN NUMBER 800159) WHEREAS, the Village of MOUnt Prospect ("the EmplOye?') employs individuals rendering valuable services to the community; and WHEREAS, the Employer has established a retiree health savings plan in the form of the VantageCare Retirement Health Savings Plan (the "Plan') for such employees t hat serves t he interest o f t he Employer by enabling it to provide reasonable security regarding such employees' health needs during reti.rement by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the continuance of the Plan serves the above objectives. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD oF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the Employer to amend and restate the Plan as outlined in the attached Retirement Health Savings Plan Election Form and Compensation Redirection Agreement. SECTION TWO: That the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee'), for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The Employer executes the Declaration of Trust of the Village Mount Prospect Integral Part Trust in the form of the model integral part trust agreement made available by the ICMA Retirement Corporation. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by faw. AYES: NAYS: ABSENT: PASSED and APPROVED this __day of ,2003. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk C:\Win2kProfiles\PSeger',Local SettJngs\Tempcrary Intemet Files\OLK2/Retlree svgs pl@nVantagecareFireNov03.do¢ RESOLUTION NO. A RESOLUTION AUTHORIZING THE ADOPTION OF AN AMENDED VANTAGECARE RETIREE HEALTH SAVINGS PLAN (FULL-TIME, NON-UNION. EMPLOYEES) WHEREAS, the Village of Mount Prospect ("the Employer") has employees rendering valuable services to the community; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; WHEREAS, the Employer has determined that the establishment of a retiree health savings plan to be administered by the International City/County Management Association Retirement Corporation (ICMA-RC) and/or its affiliates serves the above objectives; and WHEREAS, the Employer desires that its retiree health savings plan ("the Plan") be administered by the ICMA Retirement Corporation (ICMA-RC) and/or its affiliates. WHEREAS, on October 16, 2001, the Mayor and Board of Trustees of the Village of Mount Prospect approved Resolution No. 54-01 authorizing the Village to participate in the VantageCare Retiree Health Savings Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, cOOK cOUNyy, iLLINOiS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the Employer to adopt the amended Plan in the form of the ICMA Retirement Corporation's VantageCare Retiree Health Savings Plan amended, and hereby attached as "Exhibit A." SECTION TWO: That the assets of the Plan shall be held in trust, with the Employer serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose. SECTION THREE: That the Human ResoUrces Director shall be the coordinator and contact for the Plan, and shall receive necessary reports and notices. VantageCare Page 2/2 SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley Mayor Velma W. Lowe Village Clerk C:\win2kProflles\PSe§er\l-ocal Sellings\Temporary Internel Files~OLK2\Retiree svgs planVcare-amendedOct03,doc MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM CHF 03-314 CONTROL NUMBER TO: FROM: SUBJECT: DATE: ALL BLOCK GRANT PROGRAM ADVISORY BOARD MEMBERS RICHARD EDDINGTON, CHIEF OF POLICE GRANT PURPOSE AREA SELECTION SEPTEMBER 17, 2003 The Mount Prospect Police Department earlier this year submitted an application to the United States Department of Justice, Bureau of Justice Assistance (BJA) for a federal Local Law Enforcement Block Grant (LEBG). Recently the department learned its application had been approved and would be receiving an award of $12,524 over a two-year period. As the grant has a cash grant provision, the Village of Mount Prospect will be required to contribute $1,392 toward the achievement of the grant's stated purpose area. The grant application requires the department to choose one purpose area for the grant funds from the following seven: Area # 1: Supporting Law Enforcement by: · Hiring, training and employing on a continuing basis new, additional law enforcement officers and necessary support personnel. Paying overtime to currently employed law enforcement officers and necessary support personnel to increase the number of hours worked by such personnel. · Procuring equipment, technology, and other material directly related to basic law enforcement functions. Area #2: Enhancing security measures in and around schools and in and around other facilities or locations that the unit of local government considers special risks for incidents of crime. Area #3: Establishing or supporting drug courts. Area #4: Enhancing the adjudication of cases involving violent offenders, including cases involving violent juvenile offenders. Page 1 of 2 OUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM CONTROL NUMBER Area #5: Establishing a multi-jurisdictional task force, particularly in rural areas, composed of law enforcement officials representing units of local government. This task force must work with federal law enforcement officials to prevent and control crime. Area #6: Establishing crime prevention programs involving cooperation between community residents and law enforcement personnel to control, detect, or investigate crime or to prosecute criminals. Area #7: Defraying the cost of indemnification insurance for law enforcement officers. After reviewing the possible benefits of each of the purpose areas, the police department has decided to specify Purpose Area #1 in its grant application. This being the procurement of equipment directly related to basic law enforcement functions. The department saw this as a way to increase the department computer network system by assigning laptop computer workstations to six investigators. Investigators use computers to complete reports, access state and federal databases, maintain investigative databases and case management. Currently, the twelve officers assigned to investigative section share four desktop computer workstations. By issuing laptop computer workstations to six investigators the department would realize numerous benefits. These investigators would become more efficient and effective in completing job duties and responsibilities. They would make better use of the computers by having individual control over them. They could take the laptop computers with them into the field and complete computer related duties. They would have a higher level of privacy in their computer work. Laptop computers would be invaluable when completing investigative reports, managing criminal cases and access, federal, state and local databases. Finally laptop computers are far more space efficient than desktop personal computers and would better fit in both a mobile environment as well as at the investigators' individual desks where space is a premium. The department is seeking the concurrence of the Advisory Board for the use of the grant award for this purpose. However, if the Advisory Board believes the award should be redirected to one of the other purpose areas, the department can resubmit an amended application to the BJA for review. In either case, I encourage and welcome your comments on the matter, and assure you I will endeavor to use this grant in the manner most beneficial to the efficient and effective operation on the Mount Prospect Police Department. Richard Eddington Page 2 of 2 Public Hearing NOTICE IS HEREBY giv- en that the village of N~ount Prospect Bo~rd of Trustees will ho~d a gubli¢ hearing on TuesdCly, November 4, 2003 nt the Mount Prosgect Perk District Facility, 1000 W, Cenlral RO~d, to receive publlc camm ents and recom- mendations regarding the Police DePartment's pro- posc, d use of O $12,524 Local tend and will be heard. VEL~AA LOWE VILLAGE CLERK CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Daily Herald Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. That said DAILY HERALD is a secular newspaper and has been circulated daily in the Village(s) of Algonquin, Arlington Heights,Barrington,Barrington Hills,Bartlett,Batavia, Buffalo Grove, Burlington, Carpentersville, Cary, Deer Park, Des Plaines, South Elgin, East Dundee, Elburn, Elgin, Elk Grove Village, Fox River Grove, Geneva, Gilberts, Grayslake, Gurnee,Hampshire,Hainesville, Hanover Park, Hawthorn Woods, Hoffman Estates Humley, Inverness, Island Lake, Kildeer, Lake Barrington, Lake in the Hills, Lake ZuriCh, Libertyville, Long Grove, Mt. Prospect, Mundelein, Palatine, Prospect Heights, Rolling Meadows,Schaumburg, Sleepy Hollow,South Barrington, St. Charles, Streamwood, Tower Lakes, Vernon Hills, Wauconda, Wheeling, North Barrington, West Dundee County(ies) of Cook, Kane, Lake, McHenry and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was published October 18, 2003 in said DAILY HERALD. IN WITNESS WHEREOF, has caused this certificate Illinois. the undersigned, the said PADDOCK PUBLICATIONS, Inc., to be signed by, this authorized agent, at Arlington Heights, PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS Au~or)ized Agent Control # T3151823 illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES VILLAGE MANAGER OCTOBER 31, 2003 WITHDRAWAL FROM NORTHERN ILLINOIS POLICE CRIME LABORATORY Since 1989, the Mount Prospect Police Department has been a member of the Northern Illinois Police Crime Laboratory (NIPCL). The Police Department has determined that the Village can receive comparable services through the State Police Crime Lab at a substantially lower cost. Therefore, we are providing official notice of Our intent to withdraw from NIPCL. MEJ/rcc C: Chief of Police Richard Eddington ~NIS hjm/bh 10/31t03 RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO WITHDRAW FROM THE NORTHERN ILLINOIS POLICE CRIME LABORATORY Preamble The President and Board of Trustees have determined that it is in the best interests of the Village that it take all steps necessary to recognize its non-affiliation with or withdrawal from the Northern Illinois Police Crime Laboratory. Therefore, be it resolved by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, that: SECTION 1: 1. It is hereby recognized that the Village of Mount Prospect. is not a member of Northern Illinois Police Crime Laboratory; or 2. In the alternative, if the May, 1989 Agreement is asserted and found to be valid, then the Agreement=s 60-day notice of termination requirement shall be invoked. 3. The Village Manager is directed to give immediate notice to the Northern Illinois Police Crime Laboratory of the mandates of this Resolution. 4. Under no circumstances shall the Village of Mount Prospect or any of its departments be deemed a party to any agreement to establish a proposed new Northern Illinois Police Crime Laboratory facility. Additionally, Mount Prospect is not now, nor may in the future be bound to contribute any funds toward the establishment or construction of the new facility. SECTION 2: This Resolution shall be in full force and effect from and after its passage, approval and publication according to law. ADOPTED this day of November, 2003, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this day of November, 2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:\C L KO\files\W[N~c~ES\NorhllPoliceCrimeLab. Nov,03~(Joc