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Home My WebLink About5. New Business 06/16/2015Village of Mount Prospect M-IRntPr°spert Community Development Department MEMORANDUM TO: DAVID STRAHL, ACTING VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 1, 2015 SUBJECT: PZ -12-15 / 101 & 103 S. BUSSE ROAD AND 1420 & 1421 W. CENTRAL ROAD / ZONING MAP AMENDMENT The Subject Property is located on the east side of Busse Road and south side of Central Road, and consists of two parcels that are a part of the overall area occupied by Westbrook School and related improvements. A total of seven (7) parcels, including the Subject Property, make up Westbrook School and the related improvements. The Petitioner would like to consolidate the parcels into a lot of record and expand the existing parking lot, and is seeking to rezone the parcels known as 101 &103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to R1 Single Family Residence. The parcels known as 101 &103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) are zoned RX Single Family Residence and CR Conservation Recreation respectively. The remainder of the parcels that make up Westbrook are zoned R1 Single - Family Residence District. The Subject Property borders the R1 Single -Family Residence District to the west, south, and east sides, and borders the CR Conservation Recreation to the north. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, May 28, 2015, and by a vote of 7-0, recommended approval of a Zoning Map Amendment to rezone the parcels known as 101 &103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to R-1 Single -Family Residence. 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 June 16, 2015 meeting. Staff will be present to answer any questions related to this matter. �� William'J. Cooney, 41CP H:\PLAN\Planning & Zoning COMM\P&Z 2015\Vi11age Manager Me s\PZ-12-15 101-103 S. Busse & 1420-1421W. Central Rd. (ZMA).dmx MOUMTp �0 5T�0� �Un ti00k DIS_R, June 3, 2015 Mr. William J. Cooney Director of Community Development Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 Dear Mr. Cooney, ADMINISTRATION BUILDING 701 West Gregory Street - Mount Prospect, Illinois 60056 P (847) 394-7300 1 F (847) 394-7311 1 www.d57.org The Planning and Zoning Commission recommended approval of Case PZ -12-15 by a 7-0 vote which included a Zoning Map Amendment to rezone the parcels known as PIN 08-11-100-021- 0000 and PIN 08-11-100-006-000 to R-1 Single -Family Residence. Our request is scheduled to go before the Village Board for the ordinance's first reading on June 16, 2015. In order to reduce administrative burden and preserve resources for both the Village and School District, we are requesting that the Village Board waive the second reading, tentatively scheduled for July 7, 2015, and take final action at the June 16, 2015 meeting. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact me at (847) 394-7300 ext. 1003. ilic re y Dale Falk Assistant Superintendent for Finance and Operations Enclosure c: Dr. Elaine Aumiller, Superintendent of Schools Mr. David Torres, Nicholas & Associates, Inc. Village of Mount Prospect t r,,,,c,rc Community Development Department _M� CASE SUMMARY — PZ- 12-15 LOCATION: 101 & 103 S. Busse Road and 1420 & 1421 W. Central Road PETITIONER: Board of Education Mount Prospect School District 57 OWNER: Board of Education Mount Prospect School District 57 PARCEL #: 08-11-100-021-0000, 08-11-100-006-0000 SIZE: 4 acres ZONING: R -X Single -Family and C-R Conservation Recreation LAND USE: School REQUESTS: Rezone the parcels known as PIN 08-11-100-021-0000 and PIN 08-11-100-006-000 to R-1 LOCATION MAP Village of Mount Prospect Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH P. DONNELLY, CHAIRPERSON FROM: CONSUELO ANDRADE, DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MAY 20, 2015 HEARING DATE: MAY 28, 2015 SUBJECT: PZ -12-15 / 101 & 103 S. BUSSE ROAD AND 1420 & 1421 W. CENTRAL ROAD / ZMA (RX TO R1 & CR TO R1) BACKGROUND A public hearing has been scheduled for the May 28, 2015 Planning & Zoning Commission meeting to review the application by the Board of Education Mount Prospect School District 57 (the "Petitioner") regarding the property located at 101 & 103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11- 100-006-000) (the "Subject Property"). The Petitioner is seeking to rezone the Subject Property to RI Single - Family Residence. The P&Z hearing was properly noticed in the May 13, 2015 edition of the Daily Herald Newspaper. In addition, written notice to property owners within 250 -feet was provided and Staff posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the east side of Busse Road and south side of Central Road, and consists of two parcels that are occupied by Westbrook School. Overall, Westbrook School and the related improvements sit on seven (7) parcels, including the Subject Property. The existing improvements cross lot lines and are considered nonconforming. With the exception of the Subject Property, all of the parcels are zoned RI Single -Family Residence District. The parcels known as 101 &103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) are zoned RX Single Family Residence and CR Conservation Recreation respectively. The Subject Property borders the RI Single -Family Residence District to the west, south, and east sides, and borders the CR Conservation Recreation to the north. SUMMARY OF PROPOSAL The Petitioner would like to consolidate the seven (7) parcels into a lot of record and expand the existing parking lot, and is seeking to rezone the parcels known as 101 &103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to RI Single Family Residence. COMPREHENSIVE PLAN DESIGNATION The Subject Property's existing land use is consistent with the Comprehensive Plan's designation. The Village Comprehensive Plan designates the property as institutional. This land use designation is appropriate for educational facilities. PZ -12-15 Planning & Zoning Commission Meeting May 28, 2015 MAP AMENDMENT STANDARDS Page 3 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. Staff is supportive of the Petitioner's request to rezone the parcels known as 101 &103 S. Busse Road (PIN 08- 11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to R-1 Single -Family Residence. The R-1 zoning classification is consistent with the adjacent parcels' land use and zoning designation. Further, it would allow for the consolidation of the property to a lot record, which would eliminate the nonconformity consisting of existing improvements crossing lot lines. There would be no changes to the existing land use of the property, which is consistent with the Village's Comprehensive Plan and permitted in the R-1 District. RECOMMENDATION Staff finds that the standards for a map amendment have been met. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff s findings as the findings of the Planning and Zoning Commission and approve the following motion: "To recommend approval of- A. £ A. A Zoning Map Amendment to rezone the parcels known as 101 &103 S. Busse Road (PIN 08-11-100- 021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to R-1 Single -Family Residence." The Village Board's decision is final for this case. I concur: William J. Cooney, AICP Director of Community Development HAPLAMPIanning & Zoning COMM\P&Z 2015\SIalT Repotls\PZ-12-15 101-103 S Busse Rd and 1420-1421 W. Central Rd (ZMA) docs MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -12-15 Hearing Date: May 28th, 2015 PROPERTY ADDRESS: 101-103S. Busse Rd. & 1420-1421 W. Central Road PETITIONER: Board of Education Mount Prospect School District 214 PUBLICATION DATE: May 13, 2015 PIN NUMBER: 08-11-100-021-0000; 08-11-100-006-0000 REQUEST: Rezone the parcels known as PIN 08-11-100-021-0000 & PIN 08-11-100-006-0000 to R1 MEMBERS PRESENT: Sharon Otteman Thomas Fitzgerald William Beattie Keith Youngquist Jeanne Kueter Norbert Mizwicki Joseph Donnelly, Chair Agostino Filippone - Associate MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Consuelo Andrade, Deputy Director of Community Development Janet Saewert, Neighborhood Planner INTERESTED PARTIES: Dale Falk - Mount Prospect School District 214 Nick Papanicholas Junior - Construction Manager for District 214 William Millar Susan O'Boyle Chairman Donnelly called the meeting to order at 7:31 p.m. Commissioner Youngquist made a motion to approve the minutes of the April 23, 2015 meeting; Commissioner Beattie seconded the motion. The minutes were approved 3-4 with four Commissioners abstaining. After hearing one case from old business, Chairman Donnelly introduced Case PZ -12-15, 101-103 S. Busse Road and 1420 & 1421 W. Central Road and stated it was Village Board final. Ms. Andrade stated the Petitioner for PZ -12-15 is the Mount Prospect School District 57 and is seeking to rezone the parcels known as 101 & 103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to R1 Single -Family Residence. Ms. Andrade explained the Subject Property is located on the south side of Central Road and east side of Busse Road, and consists of two parcels that are occupied by Westbrook School. Overall, Westbrook Planning and Zoning Commission- May 28, 2015 PZ -12-15 Joseph Donnelly, Chair School and the related improvements sit on 9 acres of land consisting of seven (7) parcels, including the subject parcels. The existing improvements cross lot lines and are considered nonconforming. Ms. Andrade stated with the exception of the Subject Property, all of the parcels are zoned R1 Single - Family Residence District. The parcels known as 101 &103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) are zoned RX Single Family Residence and CR Conservation Recreation respectively. The Subject Property borders the RI Single -Family Residence District to the west, south, and east sides, and borders the CR Conservation Recreation to the north. Ms. Andrade stated that the Petitioner would like to consolidate the seven (7) parcels into a lot of record and expand the existing parking lot, and is seeking rezone the parcels known as 101 & 103 S. Busse Road (PIN 08-11-100-021-0000) and 1420 &1421 W. Central (PIN -08-11-100-006-000) to RI Single Family Residence. Ms. Andrade summarized the standards for Map Amendments as the following: • 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. Ms. Andrade stated that Staff is supportive of the Petitioner's request to rezone the parcels known as 101 &103 S. Busse Road and 1420 & 1421 W. Central Road to R-1 Single -Family Residence. Ms. Andrade explained the R-1 zoning classification is consistent with the adjacent parcels' land use and zoning designation. Other schools are zoned residential. Further, it would allow for the consolidation of the property to a lot record, which would eliminate the nonconformity consisting of existing improvements crossing lot lines. Ms. Andrade stated that there would be no changes to the existing land use of the property, which is consistent with the Village's Comprehensive Plan. The Village Comprehensive Plan designates the property as institutional. This land use designation is appropriate for educational facilities. The Subject Property's existing land use is consistent with this designation. Ms. Andrade stated that Staff finds the standards for a map amendment have been met; Staff recommends that the Planning and Zoning Commission make a motion to adopt staffs fmdings and approve the following motion: "To recommend approval of: A Zoning Map Amendment to rezone the parcels known as 101 &103 S. Busse Road (PIN 08-11-100- 021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to R-1 Single -Family Residence." Ms. Andrade stated that Village Board's decision is final for this case. Chairman Donnelly asked if there is a minimum requirement of open space available on a school property. Planning and Zoning Commission- May 28, 2015 PZ -12-15 Joseph Donnelly, Chair Ms. Andrade stated that the maximum permitted lot coverage is seventy-five percent 75% for a non- residential use in a residential district. Commissioner Beattie asked why the proposed request hadn't been done a long time ago. Ms. Andrade stated that historically the property has consisted of multiple parcels. She further explained that the parcel currently zoned CR was zoned RI Single Family Residential; however, the parcel was rezoned to CR in 1993 when the Village re -zoned parcels throughout the Village. She further stated, the Village Comprehensive Plan was adopted in 2007 and classified the parcel as institutional which is compatible with the R1 district. Chairman Donnelly swore in Dale Falk, Assistant Superintendent for School District 57; and Nick Papanicholas, Jr. 300 N. Oak Mount Prospect, construction manager for the district. Mr. Papanicholas stated the district acquired the residential property to the north to alleviate safety concerns. Cars stack on Busse Road during drop-off time at the school and there isn't enough capacity in the existing lot. Mr. Papanicholas stated as the property became available the School District acquired it and has since razed the property with anticipated development of expanding the current parking lot and bus traffic. He further explained the zoning issue came up to their attention when they were looking into a plat of resubdivision to consolidate all of the parcels. The south parcel has been a parking lot for 40-60 years. The north parcel has been park district use granted by the School District for the 40 or 50 years that was rezoned in the early 1990's. The proposal to consolidate the property is to get it cleaned up as a matter of housekeeping. Chairman Donnelly clarified that the Petitioner would not be coming in front of the Commission again for any variations once the zoning issue was cleaned up. Mr. Papanicholas responded no Variations will be requested; everything will be in conforming use. Chairman Donnelly asked if the board had any questions for the Petitioner; hearing non he opened discussion up to the public regarding this case. Chairman Donnelly swore in William Millar 1619 W. Central Road. Mr. Millar asked why the Petitioner would need to change the zoning district from RX -RI and CR -RI. Chairman Donnelly stated it was for the purpose of consolidating the parcels to one lot of record which is required by the Village. Mr. Millar listed his concerns as the following: • What will prevent people from using the new road as a pass through from Busse to Central? • What will stop westbound traffic from Central Road turning left on to the new road? • He stated his concern regarding cars using his circle drive as a drop-off point for the baseball diamond. • He is concerned about the smell and loud noise of the school buses. • Safety concerns regarding the close proximity of Busse Road access and the new road access. • He asked if a road with street lights and sewers allowed in R-1 zoning. • Is the baseball diamond allowed to remain in an R-1 zoning district? Planning and Zoning Commission- May 28, 2015 PZ -12-15 Joseph Donnelly, Chair Chairman Donnelly asked if the Petitioner will be coming back before the Planning and Zoning Commission for any of the proposed work. Ms. Andrade stated that the proposed parking lot expansion and related improvements do not require zoning approval as long as it requires with the zoning regulations. Chairman Donnelly stated the commission is only approving the consolidation and can't address any of Mr. Millar's concerns. Ms. Andrade clarified that the only matter before the board was the rezoning of the two parcels; the parking lot improvements are subject to Village zoning review and approval as well as review and approval from IDOT and the Cook County Highway Department. Chairman Donnelly stated that the Planning and Zoning Commission is not addressing the improvements taking place on the property, they are only able to address the rezoning of the two subject parcels. He explained the Commission has no jurisdiction over the proposed improvements at this time. Ms. Andrade stated that if the parking lot and related improvements comply with the Village's zoning code then the project would not come before the board for approval. The project would be subject to comply with IDOT and the Cook County Highway Department regulations Chairman Donnelly swore in Susan O'Boyle 9 S. Busse Road, Mount Prospect. Ms. O'Boyle stated that her property line boarders Westbrook School and that her concerns are similar to Mr. Millar's. She further explained that the addition of the road and parking lot is going to drastically change the character of the neighborhood. She also stated she didn't understand why they couldn't discuss the concerns regarding the parking lot and related improvements. Chairman Donnelly explained that Commission has no jurisdiction over the proposed improvements at this time. Ms. O'Boyle asked what the differences are between the RX and R1 zoning districts. Ms. Andrade gave a brief explanation of the difference. She stated the Subject Property is adjacent to the RI zoning district; not the RX District. She explained the Village doesn't allow spot zoning and that the parcel zoned RX is legal nonconforming as it completely surrounded by the R1 District. Ms. O'Boyle asked about the lot coverage characteristics for both zoning districts. Ms. Andrade stated the maximum lot coverage permitted is forty-five percent (45%) for residential uses in the RI district. The maximum lot coverage permitted for non-residential uses in the RI district is seventy-five percent (75%). Commissioner Beattie asked Staff if the zoning needs to be changed from CR and RX to R1 in order for the District to construct the road in question. Ms. Andrade clarified the road is an access drive that would connect to Central Road. The proposed parking lot expansion would take place north of the existing parking lot. Planning and Zoning Commission- May 28, 2015 PZ -12-15 Joseph Donnelly, Chair Commissioner Otteman asked if the access drive will be restricted to the use of buses or for parents picking up and dropping off of students. Ms. O'Boyle stated her concern was that part of the conservation area that would be eliminated to make room for the road and stated her concern with the road's proximity to the Central Road and Busse Road intersection. Chairman Donnelly asked the Petitioner to address the comments of the concerned citizens. Mr. Falk gave a brief history of how the school district came to the conclusion of the proposed plan. He stated that he worked with the Public Works department to come up with a solution to help the traffic flow on Busse Road during the morning and afternoon drop-off and pick up times. Mr. Falk further explained that the best solution would be to have multiple exits out of the parking lot. The drive is designated for both bus and car traffic. Mr. Papanicholas explained that the access drive will be only open during peak hours and will be blocked off when the school is closed. He also stated that IDOT is governing the decisions regarding the traffic into and out of the property off of Central. He further stated that he believes it will be a "right -in right - out" off of Central Road. Mr. Falk explained that Westbrook is an early learning center and some of the buses are ran based on a half day schedule and will have the access drive opened during school hours only. He stated that the access drive will be gated during non -school hours to discourage the use of a pass through from Busse to Central. Mr. Papanicholas stated that the two T -Ball fields will remain on the property, in response to the citizen's comment regarding the elimination of green space. Commissioner Otteman stated her concern for the added traffic on Central and asked if there were any traffic studies done. She referred to the Downtown Plan which referenced Central as one of the busiest streets in the Village. Mr. Papanicholas stated that there have been various traffic studies since the re -opening of Westbrook and a current one that was required by various agencies. He also stated that the Village has conducted its own traffic studies which have all stated the proposed access road will alleviate the dangerous issues on Busse during peak hours. Commissioner Beattie confirmed asked if Westbrook has plans to house additional students besides early childhood. Mr. Falk stated they currently don't have any plans to house additional students. He doesn't believe there is enough room to take on more students at this time. He further stated the proposed improvements are to help address the immediate safety concern on Busse Road during arrival and dismissal times. Mr. Millar stated that the proposed improvements will only create a traffic issue on Central Road. Chairman Donnelly stated that IDOT and the Village traffic engineer have both agreed that the proposed plan is better than the current situation. Mr. Millar suggested putting the road near Weller Creek. Planning and Zoning Commission- May 28, 2015 PZ -12-15 Joseph Donnelly, Chair Mr. Falk stated that if the road was constructed further east by the creek they would lose both baseball fields. Mr. Falk further stated there is an existing playground that is located along the creek, which they would like to keep traffic as far as possible away from the playground. Mr. Papanicholas also stated that the MWRD has an easement that runs along the west side of Weller Creek, which they claim they own part of the property. Commissioner Youngquist gave a brief description of the nonresidential uses that can occur in RI such as churches, parks, schools and fields. Mr. Millar stated that he didn't agree a park is considered RI and asked the board if he could build a baseball field on his property if that was the case. Chairman Donnelly asked if there were any other citizens to be heard. Hearing none, he closed the public portion of the meeting and brought the discussion back to the board. Hearing no further discussion from the board Commissioner Beattie made a motion seconded by Commissioner Fitzgerald to approve the following motion: To approve: "A Zoning Map Amendment to rezone the parcels known as 101 &103 S. Busse Road (PIN 08-11-100- 021-0000) and 1420 & 1421 W. Central Road (PIN 08-11-100-006-000) to R-1 Single -Family Residence." UPON ROLL CALL: AYES: Otteman, Fitzgerald, Beattie, Youngquist, Kueter, Mizwicki, Donnelly NAYS: NONE Chairman Donnelly stated this is Village Board final. Commissioner Youngquist urged the concerned citizens to attend that meeting and state their concerns in front of them as well. After hearing one additional case Commissioner Otteman made a motion seconded by Commissioner Beattie and the meeting was adjourned at 9:30 pm. Jenna Moder Jenna Moder, Community Development Administrative Assistant Planning and Zoning Commission- May 28, 2015 PZ -12-15 Joseph Donnelly, Chair ZONING PLAT LEGAL DESCRIPTIONS VTT.T.AGF. OF MOUNT PROSPECT PARCEL A THAT PART OF LOTS F AND J. IN KIRCHHOFF'5 SUBDIVISION OF THE NORTH WEST OUARTER OF THE NORTH WEST OVARTER AND THE NORTH 10 CHAINS OF THE SOUTH WEST QUARTER OF THE NORTH WEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS COMMENCING AT A POINT IN THE WEST LINE OF SAID LOT F, 560 FEET NORTH OF THE SOUTH WEST CORNER THEREOF. THENCE EAST ON A LINE ESO FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOTS F AND J AS MEASURED ON TH E WEST IT OF OF LET F ' '21 " FEET TO 'HE CENTER OF 1ELLE1 CREEP, THENCE NORTHERLY ALONI THE CENTER OF SELLS R CREEK 120 2 FEET TD A LINE 6 SAID LOT F. THENCE WEST ON SAID PARALLEL LINE 713.95 FEET TO THE MST LINE OF SAID LOT F THENCE SOUTH ON THE WEST LINE OF SAID LOT F. 120 FEET TO THE PLACE OF BEGINNING (EXCEPT THE WESTERLY 16.5 FEET THEREOF) IN COOK COUNTY, ILLINOIS, PARCEL B: EN (11), TO - NE (41) NORTH, ON is ), E THE THIRD PRINCIPAL MERIDIAN OE ED AS FOLLOWS COMMENCING AT POINT IN THE NORTH LINE 11711 ST OF THE NORTHWEST CORNER THEREOF; THENCE WEST TOO THE NORTHWEST CORNER TNEREOTHENCE SOUTH A DISTANCE OF 34013 FEET THENCE EAST A DISTANCE OF 15750 FEET, THENCE NORTH TO THE PLACE OF BEGINNINC, IN O AND THAT PART OF LOT "J' IN KIRCHHOFF'S SUBBI GIION IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT "J" 157.80 FEET EAST OF THE N O'THTT CONE' THE'EOF, THENCE EAIT ALONI THE NORTH L NE THEREOF '5' FE ET TO TH E CENTS' L OF OF VALLEI CREEP 1EIN1 A POINT ON 'HE N.11H L NE OF SAD SECIOUN 'I , ". 4 FEET E AST OF 'HE NORTHWEST CO 'NE, OF SAD SECIION 1 1 THENCE SOUTHERLY ST LINE CTLON ONT DIASTY PAIALLIL TO 'HE SOUTH LINE IF LOTS A `0CORNER 0 POINT ON SAID WEST INE OF SECTION 11SADLOT F , THENCE SOUTHERLY 27.53 FEET 0 A POINT 690.50 FEET EAST OF THE WEST LINE OF SAID SECTION 11. 10050 FEET NORTH OF THE SOUTHWEST CORNER OF LOT "F'; THENCE WEST ON SAID LINE PARALLEL TO THE SOUTH LINE OF LOTS "F' AND "J" 210 FEET: THENCE NORTH TO THE PLACE OF BEGINNING IN COOK COUNTY, ILLINOIS. EXCEPTING THEREFROM THE NORTHERLY 50 FEET TAKEN FOR ROAD PURPOSES BY THE COUNTY OF COOK IN CASE 58 S 19739. .o SHE NO111 urvL O1 g��1N -„�-o.a'(D) I• 08-11-IUO-U06 - 14'20 & 14"21 W. CENTRAL ROAD P.LN. 08-11-100-U21 - 101 & lU3 S. BUSSE ROAD GRAPHIC SCALE ( Ix teem ) a EXISTING ZONING R1� P�nRCE oosB HEREBY ZONED LRJI \\\ 2.244 ACRLS Ne,05z,1re NoSPNEnsunEo ILNI IF IND PPALUL .Rn,IF 1.11 •nE X51 �w� 4r nO�ory 5088 IS (D) 1.mrvu LOr .rvoPASELLILLmum LwL1 L.36"8'(M) 21 O'(D) --988'17'55"E M 2]2./9 26 D)) 69D. ao `gy N88'17'S5"E(M) ' n u e P.I.N. os -11-100-023 0 - 23 P.I.N. O8-11-100-022 wnx 1xc mule uws cr w / 0 ; £ 322.8 (D)eC��x fns rvL�sLrem ulxa�x 700 P1 �X � EXISPNG, ZONING R1 gP.I. N. 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S—f, 1 -40' T o 11 LB' -<e A 1 I RI a USSE AVElUE A H Z � W Lci � U > 1 p 1 E 1x I W U 1 — o I LOT ,eCa,o.,eoO — ❑ — a £f ❑ b t { PB - I _ Q I 4 o ERAGE ��a cl) O r_^J 'VL Lr mO =UNaO WWU)' NU3l Y cl) J (h Y O z O 0 O m t SETBACK F EWLIIREMENTS I �A ol� 3 I s SII o ® ® ❑ I i a Fee, U W Lo N I 1 p t li I I I P I ' I 0 0 ,, o I Q Ir— Q �Wreuoe Dale: F� II A gl R e �I I -77— '2-1021o9 umwm. 2a,siozio9� mVi mu Q '--------------- ----- — - - - - - e 00 ----- ---- ------------� _.-- _ QIONS ,H M PROPOSED SITE CONDIT Q Q jI B r CO.GO ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 101 AND 103 SOUTH BUSSE ROAD AND 1420 AND 1421 WEST CENTRAL ROAD WHEREAS, Board of Education Mount Prospect School District 57 (“Petitioner”), has filed an application to rezone certain property located at 101 and 103 South Busse Road and 1420 and 1421 West Central Road (“Property”), and legally described as follows: PARCEL A: THAT PART OF LOTS F AND J, IN KIRCHHOFF’S SUBDIVISION OF THE NORTH WEST QUARTER OF THE NORTH WEST QUARTER AND THE NORTH 10 CHAINS OF THE SOUTH WEST QUARTER OF THE NORTH WEST QUARTER OF SECTION 11, TOWNSHIOP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE WEST LINE OF SAID LOT F, 560 FEET NORTH OF THE SOUTH WEST CORNER THEREOF, THENCE EAST ON A LINE 560 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOTS F AND J AS MEASURED ON THE WEST LINE OF SAID LOT F, 721.75 FEET TO THE CENTER OF WELLER CREEK, THENCE NORTHERLY ALONG THE CENTER OF WELLER CREEK 120.12 FEET TO A LINE 680 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOTS F AND J AS MEASURED ON THE WEST LINE OF SAID LOT F, THENCE WEST ON SAID PARALLEL LINE 713.95 FEET TO THE WEST LINE OF SAID LOT F THENCE SOUTH ON THE WEST LINE OF SAID LOT F, 120 FEET TO THE PLACE OF BEGINNING (EXCEPT THE WESTERLY 16.5 FEET THEREOF) IN COOK COUNTY, ILLINOIS. PARCEL B: THAT PART OF LOT "J" IN KIRCHHOFF'S SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION ELEVEN (11), TOWNSHIP FORTY-ONE (41) NORTH, RANGE ELEVEN (11), EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE 157.60 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE WEST TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH A DISTANCE OF 340.13 FEET; THENCE EAST A DISTANCE OF 157.60 FEET, THENCE NORTH TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. AND THAT PART OF LOT "J" IN KIRCHHOFF'S SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SAID LOT "J" 157.60 FEET EAST OF THE NORTHWEST CORNER THEREOF, THENCE EAST ALONG THE NORTH LINE THEREOF 150 FEET TO THE CENTER LINE OF WELLER CREEK, BEING A POINT ON THE NORTH LINE OF SAID SECTION 11, 630.4 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 11, THENCE SOUTHERLY 306.97 FEET TO A POINT 688.58 FEET EAST OF THE WEST LINE OF SAID SECTION 11 ON A LINE DRAWN PARALLEL TO THE SOUTH LINE OF LOTS "F" AND "J" FROM A POINT ON SAID WEST LINE OF SECTION 11, 1032.18 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT "F", THENCE SOUTHERLY 27.53 FEET TO A POINT 690.80 FEET EAST OF THE WEST LINE OF SAID SECTION 11, 1005.0 FEET NORTH OF THE SOUTHWEST CORNER OF LOT "F"; THENCE WEST ON SAID LINE PARALLEL TO THE SOUTH LINE OF LOTS "F" AND "J" 210 FEET; THENCE NORTH TO THE PLACE OF BEGINNING IN COOK COUNTY, ILLINOIS. Property Index Nos. 08-11-100-021-0000 and 08-11-100-006-0000; and WHEREAS, the Petitioner has requested Parcel A be rezoned from RX Single-Family Residence to R1 Single-Family Residence and Parcel B be rezoned from CR Conservation Recreation to R1 Single-Family Residence; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-12-15, before th the Planning and Zoning Commission of the Village of Mount Prospect on the 28 day of May 2015, th pursuant to proper legal notice having been published in the Daily Herald Newspaper on the 13 day of May, 2015; and WHEREAS, on May 28, 2015, the Planning and Zoning Commission recommended the approval of the map amendment set forth below to the Mayor and Board of Trustees; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ-12-15 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the Property being the subject of this ordinance from RX Single-Family Residence and CR Conservation Recreation to R1 Single-Family Residence. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of June, 2015. _______________________________ Arlene A. Juracek ATTEST: Mayor ____________________________ M. Lisa Angell Village Clerk MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM I CHF 15-44 CONTROL NUMBER I TO: MR. J. DAVID STRAHL . ACTING VILLAGE MANAGER MR. EVERETT HILL VILLAGE ATTORNEY FROM: CHIEF TIM JANOWICK ,, ..- SUBJECT: PROPOSED ORDINANCE MENT: CHAPTER23, ARTICLE V - CHARITY GAMING, RAFFLES, AND BINGO DATE: MAY 21, 2015 ISSUE While the Village Code currently contains a blanket prohibition against gambling within the Village, Illinois statutes provide exemptions for gambling or gambling -like activities designed to raise revenue for charities through carefully crafted legislation and regulation established by the Illinois Gaming Board. Many charities within Mount Prospect utilize these statutorily permissible games and activities for revenue generation despite the prohibitions contained within the Code and the Village has not pursued prosecution for hosting or sponsoring these events. While the initial discussion amongst staff focused solely on the issue of the conflict between the prohibitions contained in the Village Code and "casino nights" and similar charitable games sponsored by charitable organizations, a broader review is undertaken in this memorandum to address similar types of fundraising activities currently or historically undertaken within the community where similar conflicts in regulation occur. DISCUSSION Illinois statutes govern gambling, including the use of charitable games as fundraising mechanisms for qualifying charitable organizations, and other games of chance. The governance of charitable games falls under the Charitable Games Act (230 ILCS 30/) while raffles are regulated by the Raffles and Poker Runs Act (230 ILCS 15/) and bingo games are controlled by the Bingo License and Tax Act (230 ILCS 25/). Charitable Games Under the Charitable Games Act, the State regulates the host locations where charitable games will be held by issuing licenses through the Illinois Gaming Board (IGB). Information on the two current host locations in Mount Prospect is available through the IGB website. The IGB also issues gaming licenses to charitable organizations to permit charitable games at a licensed host location. Upon receipt of the charitable gaming permit, the permit holder is required to submit a Page 1 of 3 With COURAGE we protect, with COMPASSION we serve. MOUNT PROSPECT POLICE DEPARTMENT 1 CHF 15-44 FORMAL MEMORANDUM CONTROL NWBI"'R copy to the local police department where the charitable games are to be held. The state limits the number of gaming events a charitable organization may hold each year. For most of the last fifteen years, the Village has permitted the charitable gaming events despite the Village Code prohibition on gambling (Municipal Code, Chapter 23, Article V). Illinois statutes governing gambling and charitable games permit municipalities to prohibit charitable games within their jurisdiction by forwarding a copy of the ordinance prohibiting gambling to the IGB. The Village has not elected to do this in the past. The Police Department has never experienced any criminal activity at our licensed charitable game locations nor has it experienced any criminal activity related to the organizations sponsoring the charitable games. Further, no increase in crime has occurred in the immediate vicinity of any licensed charitable gaming host as a result of hosting these events. Raffles A number our community's charitable organizations utilize raffles to raise funds for the continuing operation of the organization and in benefit for the Mount Prospect community. Currently, the Village Code does not permit raffles or otherwise regulate the use of raffles. State statute regulates raffles through the Raffles and Poker Runs Act. The Police Department has not experienced any crimes associated with raffles nor has crime increased in the area surrounding the locations where raffles have occurred. The Police Department is not objectionable to the use of raffles as a means for community or charitable organizations to raise funds for the purpose of carrying out their stated missions. Bingo Seemingly a staple for many church organizations, bingo is a regular favorite activity for raising funds for many charitable organizations. Bingo events are regulated through Illinois state statutes by means of the Bingo License and Tax Act. As with the other gaming or game -like events utilized to generate revenue for charities, the Police Department has not experienced any crimes associated with bingo nor has crime increased in the area surrounding the locations where bingo events have occurred. The Police Department is not objectionable to the use of bingo as a means for community or charitable organizations to raise funds for the purpose of carrying out their stated missions. Page 2 of 3 MOUNT PROSPECT POLICE DEPARTMENT II CHS" 15-44 FORMAL MEMORANDUM RECOMMENDATION CON"I'R(A➢ NUMIII �"R Based on the lack of charity games presenting any nuisances or attracting criminal conduct as a result of their premise at State -approved locations, I recommend the Code be amended by adding the following paragraph to Article V: 23.503.2 Activities Not Considered Gambling The previous Sections 23.501 and 23.502 shall not apply when properly licensed and regulated pursuant to the Illinois statutes designated below and these sections shall not be deemed a statutory "express prohibition" of such activities: A. The game commonly known as "bingo' conducted in accordance with the Bingo License and Tax Act (230 ILCS 25/) as enacted and amended by the Illinois General Assembly; and B. Raffles conducted in accordance with the Raffles and Poker Runs Act (230 ILCS 15/) as enacted and amended by the Illinois General Assembly; and C. Charitable games conducted in accordance with the Charitable Games Act (230 ILCS 30/) as enacted and amended by the Illinois General Assembly. Please contact me if you should have any further questions or additional discussion. Attachment TJ c: Lisa Angell, Village Clerk Page 3 of 3 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: of amended by adding a new Section 23.503.2 Illinois Charitable Games Actread as follows: 23.503.2: ACTIVITIES NOT CONSIDERED GAMBLING The previous Sections 23.501 and 23.502 shall not apply when properly licensed and regulated pursuant to the Illinois statutes designated below and these sections shall not be deemed a statuto A. Bingo License and Tax Act (230 ILCS 25/) as enacted and amended by the Illinois General Assembly; and B. Raffles conducted in accordance with the Raffles and Poker Runs Act (230 ILCS 15/) as enacted and amended by the Illinois General Assembly; and C. Charitable games conducted in accordance with the Charitable Games Act (230 ILCS 30/) as enacted and amended by the Illinois General Assembly. SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this ___________ day of _________________, 2015 _______________________ Arlene A. Juracek Mayor ____________________ M. Lisa Angell Village Clerk 347061_1 i KLEIN, THORPE & JENKINS, LTD. To: Mr. J. David Strahl Acting Village Manager From: Allen Wall 20 N. Wacker Drive, Ste 1660 Chicago, Illinois 60606-2903 T 312 984 6400 F 312 984 6444 MEMORANDUM Re: Ordinance Amendment Proposal: Chapter 20, Article I — Definitions Date: June 11, 2015 Issue 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462-5353 T 708 349 3888 F 708 349 1506 www.ktjlaw.com 0 A Currently, Article I of Chapter 20 defines a "Dangerous Animal" as "[a]ny animal having been declared or designated as such in accordance with article IV of this chapter." Article I of Chapter 20 defines a "vicious animal" as "[a]ny animal which is known to have attacked, without provocation, a person or other domestic animal on a previous occasion." Article IV, section 20.401, states that, "[i]t shall be unlawful for any person to have custody of, own or maintain a vicious or `dangerous animal', as defined in section 20.101 of this chapter, except in accordance with this article." Recommendation To resolve any confusion as to the definitions and classifications of "dangerous animals" and "vicious animals," the following amendments to Chapter 20 are recommended: 1. Amend Section 20.101 "Words Defined" of Article I "Definitions" of Chapter 20 "Animals" of the Village Code deleting in its entirety the definition of "Vicious Animal." 2. Amend Section 20.401 "Possession Unlawful" of Article IV "Dangerous Animals" of Chapter 20 "Animals" of the Village Code be amended by deleting the word "vicious" so that the section reads: "It shall be unlawful for any person to have custody of, own, possess or maintain a �,,ieieus e "dangerous animal", as defined in section 20.101 of this chapter, except in accordance with this article." Amend Section 20.402 "Declaration As A Dangerous Animal" of Article IV "Dangerous Animals" of the Village Code by adding a sentence that defines a "dangerous animal" so that the section reads: "An animal may be declared to be a dangerous animal by the animal control official. A "dangerous animal" declaration shall be made for any animal 347351_1 which i5 known to leave inflicted a bite or has o lies wise attaclw(i a person or other domestic animal. Notice of such declaration shall be served in person or by posting of a notice on the front door of the premises where the animal is kept in the village of Mount Prospect." Please do not hesitate to contact me if you have questions or want to discuss these recommended Village Code amendments further. 347351_1 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 20 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: entirety. SECTION 2: SECTION 3: Animals the first sentence of the paragraph the following sentence which shall read as follows: wn to have inflicted a bite or has otherwise attacked a person or other domestic animal. SECTION 4: 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 _________________, 2015 _____________________________________ Arlene A. Juracek, Mayor ATTEST: ___________________________ M. Lisa Angell Village Clerk ЌЍАЌЎЍΗЊ OLIc MOUNT PROSPECT POLICE DEPARTMENT � Y FORMAL MEMORANDUM CHF 15-45 CONTROL NUMBER TO: MR. J. DAVID STRAHL I ACTING VILLAGE MANAGER FROM: CHIEF TIM JANOWIC - SUBJECT: ORDINANCE AMEN ROPOSAL: CHAPTER 4, ARTICLE VIII—POLICE DEPARTMENT PROPOSAL TO EXPAND APPOINTMENT REQUIREMENTS TO INCLUDE PERMANENT RESIDENTS DATE: MAY 26, 2015 q. ISSUE On March 2, 2015, Police Department staff proposed changing the current hiring requirements for recruit police officers from requiring U.S. Citizenship to accepting applicants who are U.S. citizens or permanent residents to the Board of Fire and Police Commissioners. Mount Prospect Village Code Chapter 4, Article VIII, Section 1, Paragraph C currently states: No person shall be appointed to the position of sworn police officer unless that person is a citizen of the United States ofAmerica. (4.801.C) PURPOSE The purpose behind this request is twofold: first, to expand the recruit applicant pool for the Police Department in an effort to meet changing demographics within the Mount Prospect community and expand the Police Department's outreach to these cultural communities. The United States Census Bureau reports 32.0% of Mount Prospect's population is foreign born, in comparison with the state population of 13.8%. Approximately 42.3% of the Village's population age five or greater is speaking a language other than English in the home. Spanish-Speaking Community According to city-data.com, approximately 10.6% of Mount Prospect residents speak Spanish in the home. Over the last fifteen years, the Police Department's outreach program developed extensively to create inroads to the Spanish-speaking community in an effort to foster positive police-community relationships. The success of the outreach to the Spanish-speaking community is partly attributed to the successful recruitment of Spanish-speaking police recruit candidates. The Police Department currently employs seven police officers of Hispanic descent and three non-Hispanic Spanish-speaking police officers. Page 1 of 9 With COURAGE we protect, with COMPASSION we serve. MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER Language Spoken At Home R1 Speaking English Very Well' Percentage of the total population living in househdds,n which a Percentage of people Inift in households in which a given given language is spoken at home. language is spoken at ham. ;crc,e amir and&$DwtProapect _S,:co-Porwa,*Kxi,of Miinom and WuW Prospect NNf Mount Prospect Illinois Less Than Nary Wel' Very VMI' Illinois D% 5% 1D% Court Mount Prosped Spanish 7 151 Polish 8.�% 444C W% D% 50% ODWt Do Gujarati Z 3=5 1 412 Cither buk 1-44 3% Isi cow Slavic 1 Me clarmlin 19.a% 84 352 Odd Asian 984 ORw Asian 319% 314 1370 T"90dw Chilnew 32.�% 76 156 other Inde-European I e3e Omsk 333% 184 3@_1 KDreen I e27 Tagalog 34.0% 230 446 ftakan 9d4 Serbo-Cresdan 3A-,G% 209 3-1 Kind E39 Malian 374% 222 372 Serbo-Croatian =_K French 381% 74 1,13 Greek E-44 Unki 54 94 Gerrrm 43e Russian 84 107, Chinese 232 Arabic M 78 Odw Inclic :19 Pollish 2,420 2,315 French 1�4 Find 329 260 Russian 7=, opw Shrvir 39 0* 650 4103 Vianarnese 1-_ C34jush *4% 871 542 Urdu I 1NalIns"1000 24,PW- 117 62 Arabic odw indoeuropew 33 255 424 211 Count riinp?rofpeoo*speaking g,tie*etViagea:mme Sp w-h 903 — 55 1 7 Korean 215% 492 125 Dont nwrabearoeopoe MWaw?speak eQM Vey war Do quyWeofoeopOeMWdospeak Erq&hV&ywL%r Image 1: Languages spoken in Mount Prospect, Illinois.(Source: www.statisticalatias.com) Indo-European Speaking Community In contrast, 17.1% of our community's residents speak Indo-European languages in the home. A large portion of the Indo-European-speaking immigrant community in Mount Prospect speaks Polish. According to statisticalatlas.com, Polish is the second most common foreign language spoken in Mount Prospect homes, representing 8.7% of our population. The expansion of the Polish population in Mount Prospect is evident in community institutions such as Saint Thomas Beckett Church in the northeast area of the Village where three Polish masses occur on the weekends (one Friday night and two Sunday morning). Image 2 on page 3 depicts the presence and distribution of the Polish-speaking community in Mount Prospect. Regarding the ability to foster relationships with European language speaking immigrants, the Mount Prospect Police Department currently employs two Polish-speaking police officers and one Serb/Bosnian/Macedonian-speaking police officer, all of whom have been hired in the last 30 months. In addition, the Police Department employs one veteran police officer who speaks Russian. Page 2 of 9 MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER PONSh Languae Spokear,fit Hearne by Tract =4 Peseentadge of the totallpopulatonlrving in households in which Podeah s spoken at home 4.8% 5.346 a.$'45 910% 13.'i96 15.3,5 1 m ! r- k F:aaa u�:acenryn5e�ap Image 2: Map of Polish language spoken at home in Mount Prospect,Illinois.(Source:www.statisticalattas.com) Another growing immigrant population speaking Indo-European languages includes residents of Indian and Pakistani descent who predominately reside in multi-family residential complexes on the south end of Mount Prospect. Statisticalatlas.com indicates Indo-European languages and dialects from this region are represented in approximately 4.7% of the Mount Prospect population. The Police Department currently does not have any Gujarati-, Farsi-, Punjabi-, Pashto-, Dari-, or Urdu-speaking officers on the force (or any other associated language of the region), and the presence of police officers with this language and cultural knowledge is extremely limited in north and northwest suburban law enforcement agencies. As a result, fostering relationships with this community comes with challenges. Declining Police Applicant Pools Second,the purpose of the request is to increase the size of the applicant pool for police recruit candidates in light of recent history indicating a decline in the eligible applicant pool for law enforcement positions. Law enforcement applicants have been decreasing in suburban law enforcement agencies over the last several years and Mount Prospect has not been an exception. In 2008,the Mount Prospect Police Department saw the largest number of applicants attend the Page 3 of 9 MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER Mandatory Orientation(330 candidates) and complete the Written Examination(286 candidates, 257 passed) since 2002. Since 2008,the number of candidates attending each recruit Mandatory Orientation has diminished, as did the number of candidates completing and passing the Written Examination. In contrast, 785 applicants participated in the examination process in 1993. The table below documents the results of BOFPC police recruit testing since 2002. Pre- Written Test Date ApplicationsOrientation 2002 201 N/A 144 76 68 2004 479 210 180 105 75 2006 729 270 241 128 113 2008 879 320 288 248 40 2011 634 330 286 257 29 2013 283 191 167 139 28 Table 1:Mount Prospect Police Recruit Test Populations,2002-2013. Additionally, current negative portrayals of police officers by the media and public protests against law enforcement are expected to have a cooling effect on police recruiting processes locally and nationally. On April 15, 2015 while addressing the Philadelphia City Council, Police Executive Research Forum (PERF) President and Philadelphia Police Chief Charles Ramsey indicated he believes the department's difficulty in attracting qualified police recruits, particularly minority candidates, is a result of recent national controversial events involving police. In an effort to draw as large a pool of qualified candidates as possible, the Police Department reinstituted our agency's Recruitment Team in Q4 of FY2014, and they have already been actively employing tactics to recruit candidates for the police officer testing process to begin this summer. The Department would like to expand the recruitment process to permanent residents who represent the diverse immigrant communities establishing residency in and immediately around Mount Prospect. DISCUSSION As noted previously, the number of candidates applying for positions as sworn police officers with the Village has decreased since 2008 and is near the low number of applicants experienced at the beginning of this century. The ability to recruit qualified police candidates is further complicated by a decreasing population in the United States. With one of the largest generational populations—the Baby Boomers—exiting the workforce and the largest population—the Millennials—now nearly entirely present in the workforce, birthrates are decreasing, thus leading to a decreasing pool of Page 4 of 9 MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER candidates in outlying years. The decreasing population is noted below in the population pyramid obtained from the United States Census Bureau. The recruitment issue is not a short-term concern. i FL 1% d Papuan 4� Graph 1: United States Population by Age and Sex,2013 Permanent Residents Permanent Resident Alien status—or what is informally referred to as possessing a"green card" —is administered by the U.S. Department of Homeland Security's Citizenship and Immigration Service. Each year, Congress establishes a finite number of Permanent Resident visas to be issued for each eligible category: Family-sponsored visas, Employment visas, visas based upon political asylum, and via a Permanent Resident Alien visa lottery. The United States Citizen and Immigration Service conducts extensive background and security investigations of permanent resident applicants prior to issuing permanent resident visas. A portion of the security check includes researching intelligence information in an effort to screen for terrorists or persons involved with supporting terrorism. In addition, federal laws, such as the Adam Walsh Act, prohibit family sponsorships of persons with criminal records. The commission of certain crimes is an automatic disqualifier for receipt of a Permanent Resident visa. Permanent residents are eligible to apply for United States citizenship after five years of residency, or three years of residency if married to a United States citizen. Permanent residents are not eligible to vote in elections requiring US citizenship, cannot be elected to office, and may be restricted from certain federal employment opportunities. They are eligible for other employment in the country, subject to payment of income taxes, and required to register for the Page 5 of 9 MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER Selective Service, if they qualify. Permanent residents are eligible for certain federal programs and licenses including obtaining a Federal Firearms License (FFL). The United States allows non-citizens to serve in the military. Currently, 25,000 permanent residents serve in the military. Military members may be eligible for naturalization under Sections 328 or 329 of the Immigration and Nationality Act. Special provisions in the Act allow for naturalization depending on the military member's period of service. Under Section 328,permanent residents who serve during a period of peacetime are eligible to apply for citizenship after a period of one year of honorable service, or after they have been honorably discharged from the military. In addition, the military member must have five years of residency in the United States with 30 months of continuous residency preceding the naturalization application unless the applicant filed while in service or within six months of separation from the service. Section 329 outlines the requirements for naturalization while serving in the military during periods of hostility. A permanent resident applying for naturalization must have served at least one day of honorable active duty during a defined period of conflict as defined in the Act. All permanent residents applying for naturalization through their military service must be able to read, speak, and write the English language; have knowledge of US history and government; embrace the principles of the Constitution; be a person of good moral character; and be well- disposed to the good order and happiness of the United States. Permanent Residents Serving As Police Officers—National Perspective The concept of permanent residents serving as police officers is not new to the profession, but the practice has become more prevalent in recent years. The following thirteen states currently allow municipalities, county, and/or state law enforcement agencies to hire permanent residents to serve as police officers: Alaska, California, Colorado, Hawaii, Louisiana, Maine, Massachusetts, Ohio, Tennessee, Texas, Vermont, Washington, and West Virginia. The Colorado State Patrol hires permanent residents to serve as sworn officers with many recruits originating from Canada, the Bahamas,the United Kingdom, Mexico, and Central America. Also in Colorado,the Boulder Police Department currently hires permanent residents prior to their submission of an application for naturalization. In Vermont, the Burlington Police Department holds a similar minimum requirement of possessing a permanent resident visa without an application for citizenship. In a March 21, 2015 USA Today article on police agencies recruiting permanent residents as police officers, Burlington Police Deputy Chief Bruce Bovat stated police officers with permanent resident status allow the department to be more "reflective of the community we serve." The Los Angeles and Cincinnati Police Departments are more restrictive as both agencies require permanent residents applying for sworn police officer positions to have their visas and to have applied for citizenship. Page 6 of 9 MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER Tennessee became the latest state to approve the hiring of permanent resident aliens as police officers with the signing of legislation by the governor on May 20, 2015. The Tennessee statute allows for the hiring of permanent resident aliens who are veterans of the United States military with a provision the candidate apply for or receive United States citizenship within six years of being discharged from the military. Permanent Residents Serving As Police Officers—Illinois Illinois law allows for the hiring of permanent residents as sworn police officers provided municipalities have not adopted an ordinance restricting employment only to United States citizens. Communities outside the Chicago metropolitan area accepting applications for police officer positions from permanent residents include members of the Southwestern Illinois Joint Fire and Police Recruiting Consortium (Collinsville, Edwardsville, Fairview Heights, Highland, and O'Fallon Police Departments), Matteson, City of McHenry, Morris, Plainfield, and Sycamore. These communities range from the basic permanent resident requirement of holding a work visa to establishing a permanent resident visa with proof of application for citizenship (Morris). Permanent Residents Serving As Police Officers—Local Perspective The Chicago metropolitan area holds the sixth largest population of permanent resident aliens in the country, offering an excellent opportunity to identify qualified candidates to serve as police officers. In the Chicago metropolitan area, staff identified at least ten suburban communities and the City of Chicago whose police departments accept permanent residents in the testing and hiring processes for sworn police officers. The suburban communities include Batavia, Berwyn, Carpentersville, Elk Grove Village,Palatine, River Forest, Rolling Meadows, Schaumburg, Skokie, and Vernon Hills. The Chicago Police Department hires permanent residents who hold appropriate work visas. The Palatine Police Department does not actively recruit permanent residents for employment as police officers, nor has a permanent resident applied for a sworn police officer position and participated in the written examination in the recent history of the department. The Rolling Meadows Police Department's hiring process requires permanent residents to not only provide proof of work authorization by submitting copies of the permanent resident visa, the city also requires applicants to submit proof of intent to obtain citizenship. The Skokie Police Department does not actively recruit permanent residents for employment as police officers; however, a permanent resident applied and completed the police recruit written examination this spring. Page 7 of 9 MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER MOUNT PROSPECT BOARD OF FIRE AND POLICE COMMISSIONERS Police Department staff first presented the concept of extending the police recruit testing process to permanent resident aliens to the Board of Fire and Police Commissioners(BOFPC) at the regularly scheduled meeting on March 2, 2015 where staff proposed several amendments to the BOFPC Rules and Regulations. Additional discussion on the topic occurred at the regularly scheduled BOFPC meetings on April 6, 2015 and May 4, 2015 and at special meetings called specifically for discussion of the BOFPC Rules and Regulations amendments on April 20, 2015 and May 18, 2015. During these discussions and careful deliberation, a question arose regarding whether the Village may be mandated to accept permanent residents for employment as law enforcement and fire fighters. The Board requested an opinion be drafted by their attorney, Mr. Everett Hill. A copy of the opinion authored by Klein, Thorpe, and Jenkins regarding any mandates requiring this change is attached. After discussion and debate of the merits of extending the hiring of police officers to include qualified permanent residents during these meeting,the BOFPC unanimously passed a motion (4-0) on May 18, 2015 to bring before the Village Board a recommendation to amend the Chapter 4,Article VIII, Section 1, Paragraph C of the Village Code to include permanent residents as eligible candidates for employment as sworn police officers. RECOMMENDATION At this time,the Board of Fire and Police Commissioners and Police Department staff are requesting to appear before the Village Board at the regularly scheduled Committee of the Whole meeting on Tuesday, June 9, 2015, to discuss the motion adopted on May 18, 2015 to allow for the hiring of permanent residents as police officers in the Village of Mount Prospect. Michaele Skowron, Chairperson of the Board of Fire and Police Commissioners, will serve as the spokesperson for the BOFPC. Staff recommends amending the Village Code to permit the hiring of permanent residents as police officers by the Village. Staff includes the following options for consideration to enhancing our ordinance as other communities have done across the United States: Option One: Amend Chapter 4, Article VIII, Section 1, Paragraph C of the Village Code to read: "C. No person shall be appointed to the position of sworn police officer unless the person is a citizen of the United States of America, or a permanent resident duly authorized to work in the United States of America." Page 8 of 9 MOUNT PROSPECT POLICE DEPARTMENT CHF 15-45 FORMAL MEMORANDUM CONTROL NUMBER Option Two: Amend Chapter 4, Article VIII, Section 1, Paragraph C of the Village Code to read: "C. No person shall be appointed to the position of sworn police officer unless the person is a citizen of the United States of America, or a permanent resident duly authorized to work in the United States of America who has maintained residency for five years (or three years if married to a United States Citizen) and has applied for United States citizenship." Please contact me if you have any questions. \ Attachment c: Deputy Chief M. Eterno Deputy Chief T. Griffin Commissioner M. Skowron, BOFPC Chairperson Commissioner C. Bennett, BOFPC Commissioner M. Busse, BOFPC Commissioner J. Hinabar, BOFPC Commissioner J. Powers, BOFPC Mr. E. Hill, Klein Thorpe and Jenkins, Village Attorney Page 9 of 9 III 20 N.Wacker Drive,Ste 1660 15010 S.Ravinia Avenue,Ste 10 Chicago,Illinois 60606-2903 Orland Park,Illinois 60462-5353 T 312 984 6400 F 312 984 6444 T 708 349 3888 F 708 349 1506 KLEIN, THORPE & JENKINS, LTD. Attorneys at Law DD 312 984 6420 www.ktjlaw.com emhill@ktilaw.com MEMORANDUM To: Chief Janowick From: Erin Lavery; Buzz Hill Date: April 27,2015 Re: Citizenship Requirement for Police Officers Issue: Is the Village of Mount Prospect's ordinance,which requires all sworn police officers be a U.S. citizen valid? Answer: Although it is not settled law, the Village's local ordinance should be permissible pursuant to Section 1324b(a)(2)(C) of the Immigration Reform and Control Act ("IRCA"). Additionally, the Village may argue that the Village can enforce a U.S. citizen requirement, pursuant to Section 10-2.1-6(a) of the Illinois Municipal Code. However, it is important to note the lack of judicial interpretation of Section 1324b(a)(2)(C) as it applies to local government legislation. Section 1324b(a)(2)(C) permits "discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract ..."1 Congressman Barney Frank, the author of most of the key provisions of Section 1324b, stated the following with regard to the phrase "otherwise required in order to comply with law. . .": "Mr. Chairman, in the first place, if you had requirements that you have to have citizens imposed by some state law or some federal contract, you would be O.K. The amendment makes provision for that (emphasis added)."2 The Office of Legal Counsel of the U.S. Department of Justice has also interpreted the phrase to mean that "based on the plain language of the statute, action taken pursuant to any `law, regulation, or executive order' of the state or federal government is exempted from the definition of `unfair '8 U.S.C.A. § 1324b(a)(2)(C). 2(Emphasis added) 132 Cong.Rec. H9708(daily ed.October 9, 1986). 3449801 1 immigration-related employment practice."3 Taking the exception a step further,the Office of the Chief Administrative Hearing Officer ("OCAHO"), which is responsible for the general supervision and management of Administrative Law Judges who preside at IBCA hearings has applied Section 1324b(a)(2)(C) to excuse acts of citizenship status discrimination taken pursuant to state law4, federal laws, federal regulation,6 or government contract. An opponent of our citizenship requirement might argue that the term "law" is limited to only state or federal laws and regulations. However, that is clearly a gloss on the plain language of the law. And since OCAHO has yet to rule on the issue. The phrase "otherwise required in order to comply with law" should include a home-rule municipal ordinance. This interpretation is supported by the following statutory canons: where a statute is clear on its face and no further interpretative assistance is required, it is proper to look only to the statute's plain language;$ when general words precede a distinguishable clause of a more specific enumeration, they should be read generally.9 Additionally, the fact that the more specific enumerations include local governments within their application bolsters the argument that local ordinances were intended to be included in the general clause. Furthermore, the Ninth Circuit has declared in dicta that that "Section 1324b(a)(2)(C) releases from the constraints of Section 1324b(a)(1) all federal, state, and local government employers who have adopted a regulation that mandates discrimination based on alienage." (Emphasis added) The Ninth Circuit noted that the language in the statutory exemption demonstrates that Congress intended to allow public employers wide latitude with respect to the anti-discrimination provision of IRCA; a latitude that Congress did not extend to private employers. Based on this authority, the term "law" should apply broadly to include local, state and federal laws. However, it is again important to caution that there is no Seventh Circuit authority expressly authorizing this interpretation. 3 13 U.S.Op. Off.Legal Counsel 72(O.L.C.), 1989 WL 595861 (March 16, 1989). 4 see, e.g., U.S. v. Patrol&Guard Enters., Inc.,8 OCAHO no. 1040,603,628(2000)(New York law required security guards to be citizens or lawful permanent residents),Anderson v. Newark Pub.Sch., 8 OCAHO no. 1024, 361,372(1999)(New Jersey law limited tenure for public school teachers to United States citizens);Elhajomar v. City and County of Honolulu, 1 OCAHO no.246, 1581, 1589(1990)(Hawaii law limited state,county,and municipal employment to citizens and lawful permanent residents); 5 Parkin-Forrest v. Veterans Admin.,3 OCAHO no. 516, 1115, 1119(1993)(federal law restricted employment of noncitizens by the Veterans Administration). 6 Tovar v. United States Postal Serv., 1 OCAHO no.269, 1720, 1731 (1990),aff'd in part, rev'd in part, and remanded by 3 F.3d 1271, 1282(9th Cir. 1993)(postal regulation excluded aliens other than lawful permanent residents),Sosa v. United States Postal Serv., 1 OCAHO no. 115,752,758-60(1989) 7 Sepahpour v. Unisys, Inc.,3 OCAHO no. 500, 1012, 1019(1993)(contract incorporated federal security rules requiring exclusion from certain projects of designated country foreign nationals). a Tovar,3 F.3d at 1274 citing Mi. Graham Red Squire v. Madigan,954 F.2d 1441 (91h Cir. 1992). 9 Elhajomar,, 1 OCAHO no.246 citing Sunstein,"Interpreting Statutes in a Regulatory State," 103 Harv.L.Rev.405, 455 (Dec. 1989)("the initial clause of general words in Section 1324b(a)(2)(C)precede a distinguishable clause of a more specific enumeration,and,as such,should be read generally.") 344980_1 2 Even if some Federal agency were to apply a narrower interpretation of Section 1324b(a)(2)(C) whereby Section 1324b(a)(2)(C)only applies to state and federal laws,the Village can argue that Section 10-2.1-6(a)of the Illinois Municipal Code is, indeed,just such a state law that brings our municipal ordinance within the scope of Section 1324b(a)(2)(C)'s protections. Section 10-2.1-6(a)provides that [a]ll applicants for a position in either the fire or police department of the municipality shall be under 35 years of age, shall be subject to an examination that shall be public, competitive, and open to all applicants (unless the council or board of trustees by ordinance limit applicants to electors of the municipality, county, state or nation) and shall be subject to reasonable limitations as to residence, health,habits, and moral character.)10 This provision and the accompanying municipal ordinance should serve to exclude the Village from ICRA's anti-discrimination provision. The fact that the Village is a home-rule municipality further bolsters its authority to enact laws. That the Civil Service in Cities Act requires civil service officers to be U.S. citizens further illustrates the permissibility of the ordinance under State law." Accordingly, it is our opinion that the Village ordinance is within the scope of Section 1324b(a)(2)(C)exception to the anti "immigration discrimination"regulations and,therefore, our citizenship requirement is valid. 10 65 ILCS 5/10-2.1-6(a). 116 5 ILCS 5/10-1-7. 3449801 3 ORDINANCE NO. ____________ OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Prospect Village Code shall be amended to read as follows: C. No person shall be appointed to the position of sworn police officer unless the person is a citizen of the United States of America, or a permanent resident duly authorized to work in the United States of America. SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of , 2015 __________________________ ___________________________________ Arlene A. Juracek Mayor ATTEST: ____________________________ M. Lisa Angell Village Clerk ЌЍАЋЏЏΗЊ